Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Cutting workers' compensation benefits governmentwide is not fair and it is not necessary to save the Postal Service. We should follow the House's example and enact bipartisan reforms contained in my amendment and wait until GAO finishes its analysis before making decisions on benefit levels. I strongly urge my colleagues to adopt my amendment.

Mr. AKAKA. Madam President, I have serious concerns with the FECA provisions in this bill, especially since they would reduce benefits for many employees who were already injured while working in service to this country, such as Federal firefighters, FBI agents, prison guards, and civilians serving in Iraq and Afghanistan. In addition, unlike most State workers' comp programs, this bill would reduce benefits for elderly disabled employees when they reach retirement age. My amendment offers a reasonable alternative by replacing the FECA provisions in this bill with the Republican-led bipartisan FECA reform bill that passed the House by voice vote last year. The House chose not to make benefit changes without the additional information it sought from GAO, and we should follow their lead. This amendment, supported by more than 20 organizations, would make commonsense reforms that will improve program efficiency and integrity without reducing benefits for disabled seniors, and I urge my colleagues to support it. I reserve the remainder of my time.

Mr. AKAKA. I ask unanimous consent that further reading of the amendment be dispensed with.

Mr. AKAKA. Madam President, I call up my amendment No. 2034.

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to recognize the 26th Alcohol Awareness Month this April, sponsored by the National Council on Alcoholism and Drug Dependence, Inc., NCADD. Since 1987, NCADD has been working to raise public awareness and understanding of alcoholism, specifically to reduce the stigma associated with alcoholism, which too often prevents individuals and families from admitting abuse and finding resources to help. According to NCADD, more than 18 million individuals, or 8.5 percent of Americans, suffer from alcohol-use disorders. In addition to those directly affected by alcohol, there are millions more who feel the effects of alcohol abuse by a loved one in their everyday lives-- spouses, children, other family members, and friends. The prevalence of alcohol abuse in this country is astounding, with one out of every four U.S. children having been exposed to alcohol-use disorders in their family. One of the most troubling aspects of alcoholism is that it often has severe effects on those closest to the person addicted and their community. It takes an enormous emotional, physical, and financial toll on the family members of those addicted to alcohol. Statistics show that 75 percent of domestic abuse is committed while one or both members are intoxicated, and family members utilize health care twice as much as families without alcohol problems. This year's theme, ``Healthy Choices, Healthy Communities: Prevent Underage Drinking,'' is meant to draw particular attention to the severe impact that alcohol and alcohol-related problems have on young people, their friends, their families, and as a result, our communities. Underage drinking is quickly becoming a serious concern in my home State of Hawaii, and across the country. Alcohol is currently the No. 1 drug of choice for America's young people, higher than tobacco, marijuana, or other illicit drugs. Teens who begin drinking before age 15 are four times more likely to develop alcoholism than their peers who wait until the age of 21. Unfortunately, underage drinking is getting worse with 7,000 kids in the United States under the age of 16 taking their first drink each day, which costs the Nation an estimated $62 billion annually. To combat this deepening problem and curb these disturbing trends, education, awareness, and prevention programs, like the events going on this month, are critically important. In addition, parents can help to reduce their children's risk of problem drinking by simply educating their kids and keeping a more watchful eye on them, especially as they enter middle schools and high school. As we continue to observe this year's Alcohol Awareness Month, I urge everyone to take an active role in reducing the incidence of underage drinking across the country: do not contribute to events where minors and alcohol are involved without supervision, be aware of your influence on the children close to you, and encourage minors to stay alcohol free. Together, we can all help to reverse recent trends in the United States and keep our children from the harmful, lasting effects of alcohol abuse.

Mr. AKAKA

Mr. AKAKA. In fact, in 1974, Congress repealed an earlier statute to allow a reduction at age 70. Congress cited concerns about the hardship the reductions caused on senior citizens as well as concerns about age discrimination when repealing the past less severe version of this legislation. No matter a person's age, they have every right to that benefit. I agree that we should be taking a closer look at ways to prevent fraud and abuse in this program, but reducing benefits for people at retirement age has nothing to do with reducing fraud. My amendment allows the Department of Labor to obtain wage data from the Social Security Administration--this will help prevent fraud. It has been argued that these cuts bring the FECA program more in line with the state programs. However, most state programs have no benefit reductions for recipients at retirement age. In fact, 33 state programs do not reduce benefits at any age. At our subcommittee hearing last July, the minority requested witness stated that these states seem to have no interest in cutting benefits for senior citizens. Finally, proponents of these cuts have emphasized repeatedly that these provisions are very similar to an Obama administration proposal. This was actually a Bush administration proposal that the Obama administration simply kept in place. More importantly, this bill cuts benefits more deeply than that proposal, and most concerning--unlike the administration proposal--this bill would apply reductions retroactively to many employees who already have been injured. Moreover, the Department of Labor has admitted that the changes to benefit amounts in the their proposal were round numbers based on rough calculations--I believe that is hardly the basis to determine what elderly disabled people will have to live on for the rest of their lives. We simply do not have the information we need to decide on fair benefit levels and should wait for the more extensive GAO study now underway. Breaking our promises to injured federal employees to save the Postal Service a tiny fraction of its deficit is not the solution. My amendment 2034 offers a reasonable alternative by replacing the FECA provisions in this bill with the bipartisan FECA reform bill that passed the House by voice vote last year. The House chose not to make benefit cuts without the additional information they sought from GAO, and we should follow their lead. This amendment would make commonsense reforms that will improve program efficiency and integrity without reducing benefits and I urge my colleagues to support it. I wish to say the chairman of our committee, Joe Lieberman, and the ranking member have worked hard at this, and my whole effort is to deal with many of the workers of the Federal Government who are not in the Postal Service as well. I ask that my amendment be considered. I yield the floor.

Mr. AKAKA. Mr. President, I will wrap up.

Mr. AKAKA. Mr. President, I would like to address a number of statements my good friend Senator Collins has made about the FECA provisions in this bill. First, it has been argued these changes are necessary to save the Postal Service money. However, since most employees affected by these cuts are not postal employees, the savings expected from these changes would have very little effect on the Postal Service's deficit. In fact, according to CBO, these changes would actually cost the Postal Service an additional $21 million in the first 3 years. In addition, it has been said on the floor that the FECA recipients over retirement age get 26 percent more income than similar employees who work their entire career and retire under the normal retirement systems. This statistic comes from a recent GAO report that looked at only a small sample of nonpostal workers, eligible for CSCS retirement. In fact, according to GAO, their recent report only examines 8 percent of the active Federal workforce and does not even look at the Postal Service workers. Cuts should not be made to FECA benefits until GAO completes a more comprehensive study, now underway, which examines the impact of benefit reductions on FERS participants. The Senate has not considered FECA legislation since 2006, and the only hearing was the one I held last year. The Federal workers' comp program, similar to most State programs, allows injured workers to continue receiving compensation as long as the injury lasts, even if that is past normal retirement age. This is necessary because disabled workers on FECA do not earn Social Security credit and cannot participate in the Thrift Savings Plan, and they miss out on normal wage growth. We must make them whole for their injuries by making up for lost wages and their inability to save for retirement. It is simply not the case that workers of retirement age who still receive FECA benefits are somehow scamming the system.

Mr. AKAKA. Mr. President, before I discuss my pending amendment to the Postal Service reform bill, I would like to take a moment to honor four brave soldiers based out of Schofield Barracks from Hawaii who died in a helicopter crash in Afghanistan on Thursday. They made the ultimate sacrifice in service to our country, and we will never forget them. My thoughts and prayers, and I know the thoughts and prayers of many others in Hawaii and others across the United States, are with their families tonight. We honor and thank them and are so sorry for their loss. Mr. President, I rise to discuss my amendment No. 2034 regarding Federal workers' compensation, which is cosponsored by nine Senators, including Senators Inouye, Harkin, Murray, Franken, Leahy, Shaheen, Kerry, Lautenberg, and Brown of Ohio. I have serious concerns with the provisions of the postal reform bill that would make changes to the Federal workers' compensation program, known as FECA, not just within the Postal Service but across the entire government. These provisions would cut benefits to elderly disabled employees and eliminate a supplement for dependents. Many who are already injured would have their benefits cut retroactively. This is particularly unfair because most employees affected by these far-reaching cuts are not even Postal Service employees. Many are Defense and State Department employees injured supporting missions overseas, Federal law enforcement officers, and firefighters injured saving lives or prison guards attacked by inmates. Sponsors of this bill argue that changes to workers compensation must be included in this legislation to place the Postal Service on a sound financial footing. However, the fact is that the changes would have very little effect on the Postal Service's deficit. According to the Congressional Budget Office, these changes would actually cost the Postal Service an additional $21 million in the first 3 years. Any changes to benefits for those injured in service to their country should be done in a careful, comprehensive manner. There are complex issues that deserve more analysis before we simply cut benefits people have planned for and depend on. At a hearing I held last July witnesses raised serious concerns with reducing FECA benefits, especially at the retirement age. They testified that disabled employees may not be able to save enough in time for a reduction in income because they missed out on wage growth, Social Security, and the Thrift Savings Plan. Because of this disadvantage, the Federal Government, like most States, provides benefits that last as long as the injury, even if that is past the normal retirement age. At the request of a bipartisan group of members from the House Committee on Education and Workforce, the Government Accountability Office is currently reviewing both pre- and postretirement-age FECA benefits to determine fair benefit amounts. Acting on this proposal now without waiting for GAO's analysis is irresponsible. As a result, we may set benefit levels too low, seriously harming disabled employees, or too high, taking funding away from other priorities. We must be extremely cautious not to make arbitrary cuts to benefits that could have serious detrimental effects on elderly disabled employees. Last November, the House passed a Republican-led bipartisan FECA reform bill, H.R. 2465, by voice vote. The bipartisan sponsors of this bill chose not to make any changes to benefits without more information on appropriate benefit levels. I believe their actions were correct, and the Senate should enact similar legislation by passing my amendment. My amendment would strike the government-wide FECA provisions in this bill and replace them with the House-passed FECA reform bill, which makes a number of commonsense reforms that will improve program efficiency and integrity without reducing benefits. Among other things, my amendment contains program integrity measures recommended by the inspector general at the Department of Labor, the Accountability Office, and the administration that will save taxpayers money. My amendment would also update benefit levels for funeral costs and disfigurement that have not been increased since 1949, and it would protect civilian employees serving in dangerous areas, such as Iraq and Afghanistan, by giving them more time to file a claim and making sure injuries from terrorism are covered even if the employee is off duty. Everyone understands the Postal Service is in the midst of a serious financial crisis that must be addressed. Chairman Lieberman and Ranking Member Collins have done a great job in bringing this on. However, breaking our promises to injured Federal employees to save the Postal Service just a tiny fraction of its deficit I believe is wrong. I urge my colleagues to support my amendment.

Mr. AKAKA

Mr. AKAKA. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on April 19, 2012, in room SD 628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct a hearing entitled ``S. 1684, the Indian Tribal Energy Development and Self- Determination Act Amendments of 2011.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251. committee on health, education, labor, and pensions

Mr. AKAKA

Mr. AKAKA. Mr. President, today I rise to honor our Nation's public servants and once again submit a resolution recognizing our public servants during Public Service Recognition Week. This is the 28th year we will honor our public servants with Public Service Recognition Week during the first full week of May, this year from May 6 12. I am proud to once again take a moment to highlight the importance of the work of our public servants and to thank them for all that they do for this country. As a life-long public servant, I have worked with so many talented, hard-working people who have dedicated their lives to helping others. I have been inspired by meeting countless men and women who come to work every day to serve the communities and their country. Our way of life would not exist without the work of these admirable men and women who provide so many vital services to the American people, including caring for our wounded warriors, teaching our children, protecting our communities, and keeping our nation safe. Public Service Recognition Week provides an opportunity not only to honor those who serve, but also to hear about the wide variety of careers in public service. Public employees use the week to educate their fellow Americans about how government serves them, and how government services make life better for us all. It is always my hope that people will hear about these great opportunities to give back to their communities and be encouraged to consider a career in public service. While we have designated a week to pay tribute to government employees, it is so important that we continue to honor the work of our public servants throughout the year. We face many challenges both here at home and abroad, and our public servants play an integral role in moving our country forward. It is important that we do not lose sight of all they do to keep our country strong. To all the dedicated men and women currently serving our Nation, mahalo nui loa, thank you very much, for all that you do. I encourage my colleagues to join me in recognizing the public servants in their states.

Mr. AKAKA

Mr. AKAKA. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Thursday, April 19, 2012, at 2:15 p.m., in room 628 of the Dirksen Senate Office Building to conduct a legislative hearing on S. 1684, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2011. Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251. Committee on Energy and Natural Resources

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to recognize the math coaches and teachers of the Oahu Math League, OML, for their outstanding service for the students of Hawaii. The Hawaii Council of Teachers of Mathematics created the OML more than 40 years ago to supplement the traditional math curriculum in Hawaii's schools and to provide students with an outlet to represent their schools in academic competition. The league is comprised two senior varsity divisions as well as one junior varsity division. The various teams represent 28 of Oahu's schools, both public and private, and over 35 coaches, each dedicated to the promotion of mathematics education in the State of Hawaii. I wish to acknowledge the students who spend their free time after school and on weekends to prepare and compete in the OML's seven grueling meets each academic year. These students devote their extracurricular time to mastering difficult mathematic techniques and theories in order to challenge themselves in the pursuit of academic excellence. Their commitment to their education is exemplary and should be commended. However, these young men and women would not be able to participate in the OML competitions were it not for the support and knowledge of the fundamentals of math given to them by their coaches and teachers. These devoted men and women work many hours a week outside the school day in preparation for these competitions. I would like to recognize both the foresight of OML's founders, as well as the enduring passion and tireless diligence of the many outstanding teachers who volunteer their time and efforts each school year to make the league a success. In particular, I would like to note the extraordinary commitment of several of OML's most active supporters: Thomas Yamachika, Carl Wheeler, Hank Koszewski, Phil Abe, Clarence Kanja, Lance Suzuki, Clayton Akatsuka, Kathleen Goto, and Amy Yonashiro. I also want to thank the nine dedicated math teachers and OML coaches, who spend a combined total of 68 hours a week preparing for meets outside of the regular school day and represent more than 180 years of math instruction and service. They are Calvin Fukuhara of Kamehameha School, Michael Park of Iolani School, Tim Cantley and Deborah Kula of Sacred Hearts Academy, Michael Ida of Kalani High School, Carolyn Okunaga of Mililani High School, Chenfu Chiang of Hanalani High School, Hal Parker of Punahou School, and Joyce Kanja of Mid-Pacific Institute. As an educator and former principal, I know firsthand about the countless hours that go into student extracurricular activities when the school day ends. It makes me proud to see these outstanding educators embody the spirit of service. Their dedication to their field and to the students of Hawaii is undeniable. I send my best wishes to the students, their families, teachers, and coaches and to the Oahu Math League for continued success in the future.

Mr. AKAKA

Mr. AKAKA. Mr. President, my friend and colleague from Wyoming, Senator Enzi, and I have once again submitted a resolution to designate April as ``Financial Literacy Month'' to raise public awareness of this important issue. I would like to first thank the cosponsors of the resolution, Senators Baucus, Blunt, Brown of Ohio, Cardin, Carper, Cochran, Coons, Crapo, Durbin, Hagan, Inouye, Johnson of South Dakota, Kohl, Landrieu, Lautenberg, Menendez, Murray, and Wicker. I appreciate their hard work and support in working to increase the level of financial literacy for people of all ages across America. I also thank the Senate for taking up this resolution and passing it with unanimous consent last night. This is the tenth and final year that I have introduced this resolution, which highlights our Nation's need for investments in financial literacy, commends current efforts and initiatives to promote financial education, and encourages the administration and private institutions to continue to work toward creating a more financially literate public. Financial literacy empowers individuals to be able to appropriately evaluate credit opportunities, successfully save and invest for long-term financial goals in an increasingly intricate marketplace, and responsibly manage their personal, professional, and family finances. It is essential that we continue to make strides toward improving education and consumer protection, while giving individuals the necessary tools to build more financially stable families, businesses, and communities. As we continue along the path to economic recovery, it is imperative that the basics of economics, credit, and personal finance become a fundamental fixture in the American school system. The Council for Economic Education recently released their 2011 ``Survey of the States: Economic and Personal Finance Education in Our Nation's Schools.'' According to this survey, there have been great improvements in financial literacy since the first survey in 1998. However, troublingly, in the past 2 years, progress has slowed and in some cases even reversed. Specifically, only 22 States require students to take an economics course as a high school graduation requirement, and only 16 States require the testing of student knowledge in economics. In addition, only 12 States require students to take a personal finance course either independently or as part of an economics course as a high school graduation requirement. Also, alarmingly, according to the Gallup-Operation HOPE Financial Literacy Index, while 69 percent of American students strongly believe that the best time to save money is now, only 57 percent believe that their parents are saving money for the future. Despite clear progress in this area over the past 15 years, these most recent trends are disturbing. There is no better time than now to invest in a better-educated, more financially savvy public. With the increased complexity of and access to today's financial products, the unscrupulous nature of predatory lenders as they enticed millions of families into complicated loans they could not afford nor understand, and people having to make important life decisions at a younger and younger age, it is critical that we ensure that students are empowered by a sound financial education by the time they graduate from high school. Our Nation cannot afford another housing crisis, and the best way to safeguard against that risk is education and promotion spreading knowledge. I would like to thank the various organizations and individuals who are doing their part to ensure the education of personal finance reaches as many Americans as possible. Teachers, parents, financial institutions, nonprofit organizations, Governors, legislators, and other decision makers must be leaders on this issue just as all of us owe it to ourselves and our country to have adequate knowledge of personal finance. As policymakers, we must champion these issues year round, not just in the month of April. However, focusing on Financial Literacy Month in April allows us to have a designated month when we can focus our efforts, take stock of what has been working, and improve on our work for the coming year. I thank my colleagues again for passing this resolution.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to honor and extend my warmest aloha to my longtime colleague, a fellow member of the House freshman class of 1977, and very dear friend, Senator Barbara A. Mikulski, for setting a new benchmark in her career and a significant milestone in this institution: becoming the longest serving woman in the history of the U.S. Congress. With each of her many accomplishments, she inspires the next generation of young American women, and she makes their dreams that much more attainable. My colleague from Maryland has been a true trailblazer for women in Congress. In 1987, she earned the distinction of becoming the first- ever woman U.S. Senator from Maryland, as well as the first woman Democrat to serve in both the House and the Senate. Last year, she also became the longest serving female in Senate history. Barbara has not only witnessed the number of females climb from just 21 when she first came to Congress in 1977 to the 92 female members serving today, her actions and spirit helped to make that feat possible. She continues to be a distinguished leader, mentor, and friend to all of her colleagues in Congress, not just the women. Although we have more work to do to eliminate gender bias and discrimination, I am glad to see that Congress has become more representative of the United States. Throughout her over 35 years in Congress, Barbara has remained a fearless advocate for women, working-class Americans, and Federal workers across the country, a steadfast protector of the environment, and a relentless champion of civil rights in this country. Raised by Polish-American small business owners, she has been a longtime defender of labor rights and a fierce proponent of establishing fair and equal working conditions for all Americans regardless of race, sex, or disability. This cause led her to author the landmark women's and worker's rights legislation, the Lilly Ledbetter Fair Pay Act, which I cosponsored, to guarantee women equal pay for equal work. Being from a State that, like Maryland, has a large population of Federal workers, I have worked very closely with Barbara on many issues to support our government employees. From the time that we entered the House together, she has always been a strong partner and stalwart champion for the rights of our Nation's Federal workforce, including fair pay and benefits for the dedicated men and women who make our government more secure, effective, and efficient. Barbara is an embodiment of the democratic spirit and continues to be a leader. She uses her great wit, humor, and boundless energy to urge Congress to take up important issues and then works with Members on both sides of the aisle to resolve differences and come together to achieve real solutions that help real working Americans every day. This is a testament to the fact that as she became the longest serving woman in the history of Congress, she has never forgotten her purpose--to make America better. I again want to extend my aloha and my congratulations to Senator Barbara Mikulski for this amazing achievement. It is a pleasure to serve with you. Thank you for your many years of outstanding service and genuine friendship, and I wish you the best as you continue your important work here in Congress.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I am introducing the Senior Executive Service Reform Act of 2012, a bill to strengthen the Federal Government's senior leadership corps. In this time of fiscal constraint, agencies and Federal employees are being asked to do more with less, and they are rising to meet this challenge. Leading the way in efforts to cut costs without compromising agency missions are members of the Senior Executive Service, SES, who are responsible for driving management priorities and promoting efficiency within agencies and across the Government. Each year, Presidential Rank Awards are given to outstanding Senior Executives in recognition of their innovation and management expertise that save taxpayers billions of dollars. This is no small feat in an era of shrinking budgets and limited resources. I am proud that such talented people have chosen to join the Federal Government, and believe that America has benefitted as a result of their commitment to public service. Last year, I chaired a hearing entitled, ``Strengthening the Senior Executive Service: A Review of Challenges Facing the Government's Leadership Corps.'' Witnesses testified about shortcomings in Senior Executive Service candidate development, diversity, and training. Testimony also focused on disincentives for applying to the SES, including increased workload and responsibilities compared to General Schedule, GS, positions with little additional compensation and fewer workers' rights. This bill addresses many of the challenges my hearing brought to light. A recent report from the Congressional Budget Office concluded that Federal employees with professional degrees are paid 23 percent less than their counterparts in the private sector. The Senior Executive Service is made up of these highly-educated professionals who often find themselves not only making less than those in the private sector, but also other Federal workers. In 2004, Congress enacted reforms linking SES pay to Congressional pay, which has not kept pace with the GS. As a result, the GS pay scale overlaps substantially with the lower end of the SES. This means that a Senior Executive may be paid less than employees he or she supervises. This bill would mitigate the overlap--often referred to as pay compression--by having Senior Executive pay more closely pace the pay of those they supervise. Performance-based pay is an integral part of the Senior Executive Service. The legislation would strengthen SES performance management and further address disincentives for joining the SES by including performance awards as base pay for the purpose of retirement calculations. Additionally, it would increase transparency in SES performance ratings by requiring an explanation for why a rating is lowered from an initial recommendation. Quotas in performance pay adjustments also would be prohibited. Restoration of career leadership and career development are important components of this legislation. A Senior Executive Service Resource Office would be established to collect data on the SES and oversee candidate development, management, and training. Finally, the bill would encourage diversity in the SES by requiring agencies to include ethnic minorities, women, and those with disabilities as part of the SES hiring process whenever practicable. This language closely mirrors the Senior Executive Service Diversity Assurance Act, which I introduced with Congressman Danny Davis of Illinois in the 110 and 111 Congresses. The time has come to reframe the discussion surrounding our Nation's civil servants. We must invest in our Government's senior leaders and recognize the critical role they play in making our agencies and the Federal Government more efficient and effective. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I am introducing the Senior Executive Service Reform Act of 2012, a bill to strengthen the Federal Government's senior leadership corps. In this time of fiscal constraint, agencies and Federal employees are being asked to do more with less, and they are rising to meet this challenge. Leading the way in efforts to cut costs without compromising agency missions are members of the Senior Executive Service, SES, who are responsible for driving management priorities and promoting efficiency within agencies and across the Government. Each year, Presidential Rank Awards are given to outstanding Senior Executives in recognition of their innovation and management expertise that save taxpayers billions of dollars. This is no small feat in an era of shrinking budgets and limited resources. I am proud that such talented people have chosen to join the Federal Government, and believe that America has benefitted as a result of their commitment to public service. Last year, I chaired a hearing entitled, ``Strengthening the Senior Executive Service: A Review of Challenges Facing the Government's Leadership Corps.'' Witnesses testified about shortcomings in Senior Executive Service candidate development, diversity, and training. Testimony also focused on disincentives for applying to the SES, including increased workload and responsibilities compared to General Schedule, GS, positions with little additional compensation and fewer workers' rights. This bill addresses many of the challenges my hearing brought to light. A recent report from the Congressional Budget Office concluded that Federal employees with professional degrees are paid 23 percent less than their counterparts in the private sector. The Senior Executive Service is made up of these highly-educated professionals who often find themselves not only making less than those in the private sector, but also other Federal workers. In 2004, Congress enacted reforms linking SES pay to Congressional pay, which has not kept pace with the GS. As a result, the GS pay scale overlaps substantially with the lower end of the SES. This means that a Senior Executive may be paid less than employees he or she supervises. This bill would mitigate the overlap--often referred to as pay compression--by having Senior Executive pay more closely pace the pay of those they supervise. Performance-based pay is an integral part of the Senior Executive Service. The legislation would strengthen SES performance management and further address disincentives for joining the SES by including performance awards as base pay for the purpose of retirement calculations. Additionally, it would increase transparency in SES performance ratings by requiring an explanation for why a rating is lowered from an initial recommendation. Quotas in performance pay adjustments also would be prohibited. Restoration of career leadership and career development are important components of this legislation. A Senior Executive Service Resource Office would be established to collect data on the SES and oversee candidate development, management, and training. Finally, the bill would encourage diversity in the SES by requiring agencies to include ethnic minorities, women, and those with disabilities as part of the SES hiring process whenever practicable. This language closely mirrors the Senior Executive Service Diversity Assurance Act, which I introduced with Congressman Danny Davis of Illinois in the 110 and 111 Congresses. The time has come to reframe the discussion surrounding our Nation's civil servants. We must invest in our Government's senior leaders and recognize the critical role they play in making our agencies and the Federal Government more efficient and effective. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. I would like to announce that the Committee on Indian Affairs will meet on Thursday, March 22, 2012, at 2:15 p.m. in Room 628 of the Dirksen Senate Office Building to conduct legislative hearings on S. 1684, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2011; S. 1898, A bill to provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska; and H.R. 1560, A bill to amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo Tribe to determine blood quantum requirements for membership in that tribe. Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to urge my colleagues to support the INVEST in America Act--the Senate substitute amendment to H.R. 3606--that would add critical improvements in investor and market protections to the bill that we received from the House. In order to keep our Nation on the path to economic recovery, we must help small businesses access capital and reduce barriers for start-ups. However, we should not do so at the price of consumer safety or market integrity. We must be very careful to do all we can to promote robust capital investment and at the same time ensure investor protections are securely in place. Many groups have voiced their staunch opposition to passing an un- amended H.R. 3606--for fear of its effects on the investors and the market. Opponents include the: AARP, AFLCIO, AFSCME, Americans for Financial Reform, Consumer Action, the Consumer Federation of America, Public Citizen, The Economists' Committee for Stable, Accountable, Fair, and Efficient Financial Reform, US PIRG, and other consumer and investor protection groups. They have said that the bill ``will in fact only make it more difficult for small businesses to access investment capital''--and it ``risks exposing investors to a new round of damaging fraud and abuse, while undermining market transparency.'' President Obama recently urged the Senate ``to find common ground by supporting the most effective aspects of the House Bill to increase capital formation for growing businesses while also improving the House bill to ensure there are sufficient safeguards to prevent abuse and protect investors.'' I cosponsored the substitute amendment offered by Senators Reed, Landrieu, and Levin because it does precisely what the President asked--it adds essential provisions to the House legislation. Among other things, the INVEST Act amendment would: retain protections put in place after the Internet stock bubble burst; ensure that banks and other large companies, with lots of shareholders, are subject to basic transparency, integrity, and accountability protections; and reauthorize the Export-Import Bank, which provides crucial funding to American businesses and supports almost 300,000 jobs yearly. Most importantly, this amendment fulfills the original intent of this bill. It provides new opportunities for small businesses and entrepreneurs to grow by raising capital in a way that protects investors, provides financing so businesses can expand and hire more workers, and encourages U.S. companies to export and compete in a global marketplace. In short, it truly invests in America. I yield the floor and suggest the absence of a quorum.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce the Hatch Act Modernization Act of 2012. I am pleased that Senators Lieberman, Levin, and Lee have joined as cosponors. The Hatch Act restricts political activity of Federal employees, District of Columbia employees, and certain other state and local employees. Originally enacted in 1939, the Hatch Act has not been amended since 1993. The Hatch Act plays two very important roles. First, it ensures that the government works for American citizens regardless of the political party controlling the White House or Congress. Second, the Hatch Act protects Federal employees in the workplace. Specifically, the Hatch Act restricts Federal employees' partisan political action in order to protect them for being coerced to participate in political activities in the workplace. This is essential to the merit-based system that currently exists. In 2007, I chaired a hearing of the Senate Subcommittee of Oversight of Government Management, the Federal Workforce, and the District of Columbia, which examined whether enhancements or clarifications to the Hatch Act were necessary. Since that time, I have considered what changes to the law would be appropriate, while being mindful that the Hatch Act represents a careful balance intended to shield employees from pressure to use federal time and money for partisan gain, while also protecting employees' personal freedoms of choice and expression. The legislation I am introducing today makes common sense changes to the Hatch Act. First, it would grant State and local employees the freedom to run for partisan elective office. Under current law, state and local employees are permitted to run for nonpartisan elective office, but are prohibited from running for partisan elective office. This can lead to confusing and inconsistent rules in different locations, depending on whether a particular elective office is categorized as partisan or non-partisan. This change will also save the government money, as the Office of Special Counsel would not be required to spend valuable time and resources investigating the hundreds of complaints it receives each year on this issue. The legislation would also modify the Hatch Act's draconian penalty provisions. The Hatch Act currently provides for a presumed penalty of termination for any violation of the law, regardless of its severity. Under the law, it is possible that a federal employee could lose his or her job for inadvertently sending an email at work containing improper political content or hanging a picture on his or her wall during a campaign season. My bill would amend these provisions of the Hatch Act to allow the Merit Systems Protection Board, which adjudicates Hatch Act complaints in the federal government, to impose a range of penalties, from termination to a reprimand, depending on the nature of the offense involved. Finally, the legislation would ensure that employees of the District of Columbia are subject to the same restrictions on political activity that currently apply to all other state and local employees. Under present law, District of Columbia employees are subject to the Hatch Act provisions that apply to federal employees, rather than those that apply to employees of States and localities. 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. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the quorum call be rescinded.

Mr. AKAKA. Mr. President, I ask unanimous consent to speak before the Senate for 10 minutes.

Mr. AKAKA. Mr. President, I rise to urge my colleagues to oppose the Blunt amendment, which could lead to devastating health outcomes for over 20 million women across our country. Just 2 weeks ago, I applauded the Obama administration's decision to require health insurance plans to provide coverage of FDA-approved contraception needed for women's health care without copays beginning this August. The final rule issued by the Department of Health and Human Services was a tremendous step toward improving the health of our Nation's women and their families--a step that was long overdue and one made with due respect for all Americans' religious freedom. Tomorrow, we will be voting on an amendment that would not only undo that progress, it would move us backward. What is especially frightening is that this amendment goes much further than just reversing the rule because it is not limited to religiously affiliated entities. The proposal would allow any employer or health plan issuer to refuse coverage of any service for any reason, not just religious objections. If an employee had any moral objection, it would be permitted to refuse coverage for critical care such as alcohol and other substance abuse counseling, prenatal care for single women, and mental health care too. The way this measure is worded, employees could deny screening and treatment for cervical cancer because it is related to HPV or refuse HIV-AIDS testing and treatment due to an objection to ways the viruses can be transmitted. They could even refuse to cover certain FDA-approved drugs and treatments because they object to the research that led to the drug's development. Major national pediatric organizations recently voiced their concern that if this amendment becomes law, employers who say they object to childhood vaccines on the basis of personal beliefs could refuse to cover these lifesaving and otherwise costly medical services. In short, this amendment allows corporations nationwide to overrule the religious and ethical decisions made by the people they employ and to trump the health care advice of their doctors. If this amendment passes, it will discriminate against most of those who need financial support, and that is not right. All Americans deserve access to health care. We cannot allow partisan ideology to hurt the health of our women and children. If we do, our sisters, daughters, and granddaughters will pay the price. If we defeat this amendment, the final rule will save most American women who use contraceptives hundreds of dollars each year in health care costs. Health experts agree that birth control helps to save lives, prevent unintended pregnancies, improve outcomes for children, and reduce the incidence of abortion. Another point raised by my colleagues, Senators Gillibrand and Boxer--and I thank them for promoting awareness on this issue--is that 14 percent of women who use birth control pills, and that is 1.5 million American women, use them to treat serious medical conditions. Some of these conditions include endometriosis, ovarian cysts, debilitating monthly pain, and irregular cycles. Religious principles are deeply important to me as a Christian, so I am glad the current rule accommodates conscience objections and exempts religiously affiliated organizations from both offering and paying for birth control coverage for their employees. At the same time, the core principle of ensuring all women's access to fundamental preventive health care remains protected because the care will be offered directly by the insurance companies. To deny any women access to affordable health care--as this amendment would do--is unconscionable. It could have devastating effects not only on her health but her family's as well. In speaking with women's health advocates and providers in Hawaii and across the country, one of the most common recommendations I hear for improving women's health outcomes is to ensure access to effective contraception. Across the State of Hawaii about 150,000 women seek access to birth control every year, and almost half of them depend on financial assistance to obtain it. Right now, women in States that do not have plans that cover birth control face costs of around $600 per year. Women and families who cannot afford it can end up facing tens of thousands of dollars in costs arising from complications from unintended pregnancies and other health care problems, costs that taxpayers often end up supporting. With these facts in mind, I am not surprised that a survey has shown that 71 percent of American voters--including 77 percent of Catholic women voters--support the administration's requirement to make birth control available to all women. I firmly believe religious liberty is protected under the new rule, while access to preventive care does not discriminate against anyone, no matter whom they work for or what their occupation is. I urge my colleagues to join me in voting against this dangerous amendment, which would set back improvements in preventive services and women's health care in this country. I yield back the remainder of my time and suggest a quorum is not present.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to congratulate Candonino Agusen and Jackson Button, two students from my State, who were named as top youth volunteers for 2012 by the Prudential Spirit of Community Awards. The awards were created in 1995 through a partnership between Prudential and the National Association of Secondary School Principals to honor middle and high school students for outstanding service to others at the local, State, and national levels. Every year, the top high school and middle school youth volunteers from each State and the District of Columbia are selected as State Honorees. Each honoree receives a $1,000 award, an engraved silver medallion, and an all-expense paid trip to Washington, D.C. for several days of national recognition events. In addition, other noteworthy students from each State are named Distinguished Finalists and receive a bronze medallion for their contributions. After the natural disasters in Japan in 2011, Candonino, a junior at Kealakehe High School, recruited others to help him purchase temporary housing kits for the victims displaced by the earthquake and tsunami. These kits included a tent, survival equipment, and a month of supplies for up to 10 people. His team raised more than $64,000, enough to take care of 640 earthquake victims for a month. Candonino contributed another $2,000 by making and sending 1,000 paper origami cranes to Japan as a symbol of support. Jackson, a middle school student at Hawaii Technology Academy, co- founded a nonprofit organization with his sisters that has raised nearly $100,000 to support a wide variety of projects aiding children in Africa, Mexico, and the United States. Some of the projects funded by the organization include scholarships for children who have lost a parent to cancer or other diseases, a solar heater for a Mexican orphanage, and school supplies for underprivileged students in Hawaii. Through the nonprofit, Jackson and his sisters even arranged for a van to take HIV/AIDS orphans in Uganda to medical appointments, and bought four acres of land in that country to grow food and build a new orphanage. I would also like to recognize Scott Fetz of Kailua-Kona and Jessica Sonson of Ewa Beach who were named the 2012 Distinguished Finalists from Hawaii, as well as the many other individuals who contribute to the improvement of our communities every day. Our Nation is a better place because of people like these young leaders, who are making a difference in their communities and around the world. These students, like many volunteers, do not perform these services for recognition. I am grateful for awards that acknowledge their selflessness so that these role models can serve as inspiration for others. I am proud of all that these students have accomplished, and I wish them the best in their bright futures.

Mr. AKAKA

Mr. AKAKA. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Thursday, March 15, 2012, at 2:15 p.m. in room 628 of the Dirksen Senate Office Building to conduct a hearing entitled ``Indian Water Rights: Promoting the Negotiation and Implementation of Water Settlements in Indian Country.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224 2251.