7-9-2010 Washington DC:
Congress will now prevent certain sex offenders (whether required to register or not [i.e., registration terms completed]) from receiving A) Unemployment benefits; AND B) Small business loans, if these TWO bills ultimately become law.
Unemployment Benefits:
On 6-28-2010 Rep. Jim McDermott (WA-7) introduced HR 5618 "Restoration of Emergency Unemployment Compensation Act of 2010" a necessary bill, with a disastrous provision built into it. The bill was co-sponsored by Rep. Sander M. Levin (MI-12).
Within the bill is the following:
(h) Procedures- Any State with an agreement under this Act shall implement reasonable procedures to--
`(2) ensure that benefits under this Act are not provided to any individual convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); and ...
Small Business Loans:
On 5-13-2010 Rep. Barney Frank (MA-4) introduced HR 5297 "Small Business Jobs and Credit Act of 2010" also a necessary bill. The bill has 20 co-sponsors. The bill as introduced had nothing about sex offenders, the House passed the bill and sent it to the Senate. On 6-29-2010 in the Senate there were 23 or so amendments, somewhere buried in those amendments a Senator added the provision concerning certain sex offenders.
Within the bill is the following:
(2) LOAN RECIPIENTS- With respect to funds received by an eligible institution under the Program, any business receiving a loan from the eligible institution using such funds after the date of the enactment of this title shall certify to such eligible institution that the principals of such business have not been convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)).
Discussion:
There is no doubt in this writer's mind that both of these are based on "HATE" and not any context of safety of the community. Congress cannot base law on "HATE" that simply violates our Constitution. In fact, Congress is supposed to make laws to prevent such, as hate too often leads to violence; history tells us so. What makes this even more egregious is that, lawmakers know this violates constitutional protections, especially since many are lawyers.
Obviously the "Unemployment Benefits" affect far more folks than do the "Small Business Loans" so the greatest effort must be directed to HR-5618.
A few thoughts, first is, that how can Congress deny folks unemployment benefits when folks have paid a portion of their salary, as had the employer, to fund unemployment benefits. These monies have already been collected, and benefits accrued.
While it is true that, this bill is a supplemental bill to extend money available to pay additional benefits beyond what is normal, and maybe some may say, we can deny any based on that theory. The reality is, that would raise a equal treatment under the law issue. Workers are workers, equal footing in the national work force, and must be treated equally, they all have put in their time, and there is no misconduct.
While I can't say I am a Guru of employment law, my heart tells me that, many labor laws -state and federal- would have to be addressed before Congress is permitted this type of labor law amendment, esp. since some folks may have worked under a union contract.
What can be done:
HR-5618 "Unemployment Benefits" is still in the Senate and that is where folks must focus efforts. It is in some committee and unfortunately the Thomas site doesn't tell us which one. This committee needs to be contacted as soon as folks find out which one it is.
It is time for EVERYONE (includes moms, dads, aunts, and anyone else in the family) to be e-mailing, faxing, calling and writing their Representives and Seantors in Congress to get this changed and removed from both of these bills.
I wish I had more, but right now I think it more important to get this message out to everyone, rather than do more research. I'll post an update if I find more.
For now, have a great day and a better tomorrow.
eAdvocate
