Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights, be authorized to meet during the session of the Senate, in order to conduct a hearing entitled ``An Examination of the Delta-Northwest Merger'' on Thursday, April 24, 2008, at 2 p.m., in Room SD-226 of the Dirksen Senate Office Building. The witness list is not yet available.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs' Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet during the session of the Senate on Thursday, April 24, 2008, at 2 p.m. in order to conduct a hearing entitled, ``Beyond Control: Reforming Export Licensing Agencies for National Security and Economic Interests.''

Mr. AKAKA. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate, to conduct an executive business meeting on Thursday, April 24, 2008, at 10 a.m. in Room SD-226 of the Dirksen Senate Office Building.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, April 24, at 9 a.m. in Room 562 of the Dirksen Senate Office Building to conduct a business meeting on pending issues to be followed immediately by an oversight hearing on ``Recommendations for Improving the Federal Acknowledgment Process.''

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet, during the session of the Senate, in order to conduct a hearing entitled ``Restoring FDA's Ability to Keep America's Families Safe'' on Thursday, April 24, 2008. The hearing will commence at 9:30 a.m. in Room 106 of the Dirksen Senate Office Building.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 24, 2008, at 4:45 p.m. to hold a briefing on a classified matter.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 24, 2008, at 2 p.m. to hold a hearing on international debt relief.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 24, 2008, at 9:30 a.m. to hold a hearing on implementing smart power: setting an agenda for national security reform.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Thursday, April 24, 2008, at 10 a.m., in Room 215 of the Dirksen Senate Office Building, to hear testimony on ``Tax Aspects of a Cap-and-Trade System.''

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold an Executive Session during the session of the Senate on Thursday, April 24, 2008, at 2:30 p.m., in Room 253 of the Russell Senate Office Building.

Mr. AKAKA

Mr. AKAKA. Mr. President, yesterday was Equal Pay Day in America. It is befitting that it was on a Tuesday because Tuesday is the day on which women's wages catch up to men's wages from the previous week. It is most unfortunate that women continue to be discriminated against by employers, in particular those who routinely pay lower wages for jobs that are dominated by women. However, today my colleagues in the Senate will have an opportunity to begin the process to restore the intent of Congress as it relates to the fundamental fairness to millions of workers. We will have a chance to override a decision by the Supreme Court last June, in the case of Ledbetter v. Goodyear Tire & Rubber Company. In this case, the Court, in a 5-to-4 ruling, reversed a longstanding interpretation, used by nine Federal circuits and the Equal Employment Opportunity Commission, EEOC, under which the statute of limitations for pay discrimination begins to run each time an employee receives a paycheck or other form of compensation. Instead, the Court ruled that the 180-day statute of limitations on filing a discrimination claim with the EEOC begins to run when the original discriminatory decision is made and conveyed to the employee, regardless of whether the pay discrimination continues beyond the 180-day period. This is an unfair and unjust ruling. For employees who are prohibited from having access to data reflecting the wages of other employees, it is impossible for them to ascertain whether they have been a victim of wage discrimination--let alone, to know from the original time of the discriminatory act. In many cases, employees may not know until years later that they have been discriminated against on the basis of pay. I urge my colleagues to support cloture on the motion to proceed to this important legislation, and to support enactment of this bill. The Lilly Ledbetter Fair Pay Act of 2007 will restore the interpretation that the statute of limitations begins to run each time an employee receives a paycheck or other form of compensation reflecting the discrimination, otherwise known as the ``paycheck accrual'' rule. It would ensure that employees who can prove pay discrimination based on race, color, religion, sex, national origin, age, or disability will not be forever barred from seeking redress because they did not learn that they were victims of pay discrimination within 6 months after the discrimination first occurred. Although women still only earn 77 cents for every $1 earned by men, we should not be moving backwards. It is simple, this legislation will restore an employee's right to seek restitution against wage discrimination at the time the employee discovers it. In addition, it is important to note that this legislation is not just about gender pay discrimination. In 2007, EEOC received more than 7,000 pay discrimination charges. While some are on the basis of gender, others are on the basis of race, disability, national origin, and age. Mr. President, I urge my colleagues to do what is right and support cloture and passage of the Lilly Ledbetter Fair Pay Act.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that during today's session, all time during any previous recess and any upcoming recess be charged postcloture.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Commerce, Science and Transportation be authorized to meet during the session of the Senate on Tuesday, April 22, 2008, at 2:30 p.m., in room 253 of the Russell Senate Office Building.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Subcommittee on Public Lands and Forests, be authorized to meet during the session of the Senate to conduct a hearing on Tuesday, April 22, 2008, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 22, 2008, at 2:30 p.m. to hold a closed hearing.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on Tuesday, April 22, 2008, at 10 a.m., in room 253 of the Russell Senate Office Building.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the Session of the Senate on April 22, 2008, at 10 a.m., to conduct a Committee Hearing entitled ``Turmoil in U.S. Credit Markets: The Rule of Credit Rating Agencies.''

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, April 22, 2008, at 10:30 a.m. to hold a hearing on international deforestation and climate change.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, April 22, 2008, at 2:15 p.m. to hold a business meeting.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, April 22, 2008, at 4:30 p.m. to hold a briefing on U.S.-Turkey nuclear cooperation.

Mr. AKAKA

Mr. AKAKA. Mr. President, I commend my ranking member and former ranking member for their comments. I look forward to a good debate. I thank them for joining in asking for Senators to vote for cloture. Cloture Motion

Mr. AKAKA. Mr. President, I again urge my colleagues to vote for cloture and express their support for consideration of S. 1315, the proposed ``Veterans' Benefits Enhancement Act of 2007.'' This comprehensive bill, reported by the Committee on Veterans' Affairs, would improve benefits and services for veterans, both young and old. We should be debating and voting on this bill now. It has been on the calendar since last August. It is well past time for this body to address and resolve the differences of opinion on provisions in this bill--so active duty service members, veterans, and their survivors can receive improvements to benefits for which they may be entitled without further delay. Mr. President, I respect the fact that Members have different points of view on parts of this bill, but I do not understand why there is an unwillingness to debate. As I noted yesterday, for seven months, all I have asked for is debate on this bill. I reached out in October, November, and December of last year, in an effort to come to an agreement to hold that debate. This session, my efforts to reach a time agreement or to negotiate, including in February after the committee's ranking member introduced an alternate bill to S. 1315, have been rejected time and time again. Mr. President, I am disappointed that members of the minority have continually stood in the way of veterans receiving the enhanced benefits they deserve. I am discouraged that they have not been willing to engage in debate--the business of the Senate. This is not the way that we should be conducting business on behalf of those who have served under the U.S. flag. A number of things were mentioned yesterday by my colleague, the committee's ranking member, which seem to demonstrate significant confusion about the process that has brought us here. For example, the ranking member spoke of being asked to agree to no amendments and limited debate time. That is simply not true. What I asked for was an agreement to limit amendments to the bill to only those that relate to the bill. After identifying such amendments, we would then seek to define the time needed to debate these amendments. This represents the way the Senate most often gets its business done and certainly is the process that the Veterans' Affairs Committee follows on those occasions when there is a need for floor debate. It may be that my colleague does not believe there should be any limitation on amendments to this bill. If there is no limitation on what amendments can be offered during debate of this bill, I anticipate that other Senators will bring forward a significant number of amendments. Some will be based on measures considered by the committee and not adopted. Some will be based on measures that were debated by the committee and included in other bills now pending on the calendar. Some will represent issues not yet considered by the committee and thus not subjected to the hearing and debate process. And lastly, I am certain that a number of amendments will represent issues not under this committee's jurisdiction. That does not appear to me to be a desirable way to get our business done. However, if that is the ranking member's preference, let him say so. Another misleading statement made by the ranking member was his suggestion that the committee was not willing to talk about changes to the bill. That statement cannot refer to the actual committee process last year--where the provision relating to Filipino veterans was noticed--and an amendment was offered--and debated. After the bill was reported, I clearly expressed my willingness--on multiple occasions--to reach a compromise on the pension provision. As I noted yesterday, the only debate raised in the committee was on the amount of the pension for Filipino World War II veterans, not on eliminating the pension entirely. The provision prevailed in committee. Now the ranking member offers one option: to give these elderly Filipino veterans nothing. That is not a compromise. I am ready to debate the core issue--but I am not prepared to abandon a provision that I believe is right. I believe it is the moral obligation of this Nation to provide for those Filipino veterans--who fought under the U.S. flag during World War II. We must act to ensure that these veterans are not left to live out their twilight years without acknowledgment that their service during World War II is valued. I am not going to abandon them without a fight. Mr. President, I ask my colleagues to agree to begin the process of debating this bill. If cloture on the motion to proceed is achieved, I hope that the ranking member will join me and our party leaders to craft a workable agreement that allows for a full debate on this bill-- and on his amendment to it--along with any other amendments to provisions in the bill. Once this bill is disposed of, our committee will be in a position to bring forward other bills, including whatever bills we report out of committee later this year. I look forward to a spirited and in- depth debate on this bill. This is a debate we could have had two months ago or even late last year. Let us not waste any more time. Let us work together to join the issues and have the Senate do its business. I ask my colleagues to join in voting for cloture. I yield back the remainder of my time.

Mr. AKAKA

Mr. AKAKA. Mr. President, I urge my colleagues to support consideration of S. 1315, as reported by the Committee on Veterans' Affairs, the proposed Veterans Benefits Enhancement Act of 2007. This is a comprehensive bill that would improve benefits and services for veterans, both young and old, and it should be debated and voted on. I believe that a brief recap of how we came to seek cloture on this veterans bill would be helpful in assisting my colleagues in their deliberation on cloture. Last June the committee held a markup during which the then-ranking member, the Senator from Idaho, offered an amendment that would have modified a provision of the bill relating to Filipino veterans of World War II. This amendment would have reduced the amount of pension that Filipino veterans residing in the Philippines would receive. I stress that the amendment was not to eliminate pension benefits for these veterans from the bill entirely--it was merely to reduce the benefit in line with what the Senator from Idaho viewed as appropriate. I disagreed with his assessment and we debated the issue. Ultimately, his amendment was not adopted. As that markup concluded, the Senator from Idaho noted that he intended to bring his amendment regarding the pension issue to the floor during consideration of S. 1315, a step I certainly understood and accepted. The report on S. 1315 was filed in August and I expected that it would come to the floor in September. However, there was an unexpected change in the committee's Republican leadership in early September, with the Senator from Idaho being replaced by the Senator from North Carolina. I did not push for consideration of S. 1315 while the new ranking member took over the responsibilities of the position. When in October, committee staff began, at my direction, to seek agreement for the bill to be brought to the floor, those efforts were not successful. Later in the fall, despite his suggestion that there was need for debate, the former ranking member curiously objected to my attempt to gain unanimous consent to debate the bill. I wrote to my colleague in an attempt to find a middle ground between the level of pension benefits in the bill as reported, and the level that he had sought during the June markup. On December 13, 2007, I received a letter from the former ranking member that indicated that he did not feel that we were far apart from finding a compromise on the bill, and that he looked forward to working with me to gain final passage. However, my optimism was short-lived. On that same day, the majority staff received a counteroffer from the minority staff, on behalf of the committee's new ranking member, the Senator from North Carolina, which proposed to entirely eliminate pension benefits for Filipino veterans residing in the Philippines from the bill. Shortly thereafter, I was surprised to learn that this counteroffer was embraced by the committee's former ranking member--rendering his offer to negotiate null and void. Additional efforts earlier this year to find a compromise or, at a minimum, to enter into an agreement for debate, were again rejected. Now, after over 7 months of obstruction in bringing this bill to the floor, we have to resort to a cloture vote on the motion to proceed to the bill, an action unprecedented in the history of the Veterans' Affairs Committee. I am dismayed that, along with the Filipino veterans provisions included in the bill, a number of other worthy provisions have not been enacted because of obstruction by the minority. Among other things, S. 1315, as reported, would: Establish a new program of insurance for service-connected veterans; expand eligibility for retroactive benefits from traumatic injury protection coverage under the Servicemembers' Group Life Insurance program; increase the maximum amount of veterans mortgage life insurance that a service- connected disabled veteran may purchase; recognize that individuals with severe burn injuries need specially adapted housing benefits; and extend for 2 years the monthly educational assistance allowance for apprenticeship or other on-the-job training. This is by no means a comprehensive recitation of the 8 titles and 38 provisions that are in this omnibus legislation. However, I hope it gives our colleagues an overview of the types of benefits that servicemembers and veterans stand to gain by passage of this legislation. I ask our colleagues to vote in favor of cloture so as to bring this measure to the floor.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I introduce legislation requested by the Secretary of Veterans Affairs, as a courtesy to the Secretary and the Department of Veterans Affairs. Except in unusual circumstances, it is my practice to introduce legislation requested by the Administration so that such measures will be available for review and consideration. This ``by-request'' bill would address a range of issues. On the health care side, it would allow VA to contract with community residential care programs for veterans with serious traumatic brain injury. It would also eliminate copayments for all hospice care. Further, it would expand continuing education benefits for physicians and dentists. Finally, it would allow the Secretary to disclose the names and addresses of certain VA patients without prior written consent to collect payment from third-party health plans. On the benefits side, this legislation would permanently authorize VA to use data provided by the IRS and the Social Security Administration to verify the incomes of recipients of needs-based benefits from VA. VA uses this data to ensure that it does not disburse benefits and payments to individuals who do not legally qualify to receive them. This legislation would also provide a cost-of-living increase for VA disability compensation for service-connected veterans and dependency and indemnity compensation for survivors. I am introducing this bill for the review and consideration of my colleagues at the request of the Administration. As chairman of the Committee on Veterans' Affairs, I have not taken a position on this legislation. Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I introduce legislation requested by the Secretary of Veterans Affairs, as a courtesy to the Secretary and the Department of Veterans Affairs. Except in unusual circumstances, it is my practice to introduce legislation requested by the Administration so that such measures will be available for review and consideration. This ``by-request'' bill would address a range of issues. On the health care side, it would allow VA to contract with community residential care programs for veterans with serious traumatic brain injury. It would also eliminate copayments for all hospice care. Further, it would expand continuing education benefits for physicians and dentists. Finally, it would allow the Secretary to disclose the names and addresses of certain VA patients without prior written consent to collect payment from third-party health plans. On the benefits side, this legislation would permanently authorize VA to use data provided by the IRS and the Social Security Administration to verify the incomes of recipients of needs-based benefits from VA. VA uses this data to ensure that it does not disburse benefits and payments to individuals who do not legally qualify to receive them. This legislation would also provide a cost-of-living increase for VA disability compensation for service-connected veterans and dependency and indemnity compensation for survivors. I am introducing this bill for the review and consideration of my colleagues at the request of the Administration. As chairman of the Committee on Veterans' Affairs, I have not taken a position on this legislation. Mr. President, I ask unanimous consent that the text of the bill and a letter of support be printed in the Record.