[Congressional Record Volume 158, Number 82 (Monday, June 4, 2012)]
[Senate]
[Pages S3669-S3674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PAYCHECK FAIRNESS ACT--MOTION TO PROCEED
Mr. REID. Mr. President, I move to proceed to Calendar No. 410, S.
3220.
The ACTING PRESIDENT pro tempore. The clerk will report.
The bill clerk read as follows:
Motion to proceed to S. 3220, a bill to amend the Fair
Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages
on the basis of sex, and for other purposes.
Mr. REID. Mr. President, we are now on the motion to proceed to this
measure called the Paycheck Fairness Act. At 5 p.m. this afternoon the
Senate will proceed to executive session to consider the nomination of
Timothy Hillman to be U.S. District Judge for Massachusetts. There will
be 30 minutes of debate at that time led by Senator Leahy. At 5:30
p.m., there will be a rollcall vote on confirmation of the Hillman
nomination.
Measure Placed on the Calendar--
S.J. Res. 41
Mr. REID. Mr. President, S.J. Res. 41 is at the desk and now due for
a second reading.
The ACTING PRESIDENT pro tempore. The clerk will read the joint
resolution by title for the second time.
The bill clerk read as follows:
A joint resolution (S.J. Res. 41) expressing the sense of
Congress regarding the nuclear program of the Government of
the Islamic Republic of Iran.
Mr. REID. Mr. President, I would object to any further proceedings
with respect to this joint resolution.
The ACTING PRESIDENT pro tempore. Objection having been heard, the
bill will be placed on the calendar.
Mr. REID. Mr. President, back in 1963, when Congress passed the Equal
Pay Act, women at that time were working year-round and took home about
59 cents for every dollar paid to their male coworkers doing the same
job. While passage of that landmark legislation helped narrow the pay
gap, today American women still only take home 77 cents on the dollar
compared to their male colleagues for doing the exact same job.
[[Page S3670]]
Jane, who works in a job, gets 77 cents, while Jack, who also works
at that job, gets $1. That is why women are concerned about how they
are being treated. It is simply not fair that any woman working the
same hours at the same job should make less money.
Often these inequities stretch over decades, and many women don't
even know they are victims. It took one Las Vegas woman 15 years to
find out she made $20,000 per year less than her male colleagues
although she did the same work and worked just as hard. That is $20,000
a year over 15 years. She was paid about 66 cents on the dollar
compared to her male coworkers despite being a top sales associate with
a Las Vegas payroll company.
Over the decade and a half she worked there, her employers cheated
her out of literally hundreds of thousands of dollars' worth of pay.
Why? Because she is a woman. Her story, though, has a happy ending. She
got a lawyer, settled out of court, and has now gone on with her own
successful business.
But many victims don't have that happy ending. Many victims of years
or even decades of gender-based pay discrimination have nothing to be
happy about. The average woman who works full time, year-round in
Nevada makes $7,300 less than a man doing the same job. I am sure, Mr.
President, it is about the same in Connecticut.
Although the wage gap has narrowed in the last half century since
Congress declared women are entitled to equal pay for equal work,
gender discrimination remains a serious problem in the workplace. That
is why Democrats overcame the Republican obstructionism last Congress
to pass the Lilly Ledbetter Fair Pay Act. It was the second thing we
did in a very productive Congress.
Why did we do it? Lilly Ledbetter had worked for years and years
doing the same job as her male counterparts until she finally found out
one day they were being paid a lot more money than she was for doing
the same work. So she went to court. The court said the statute of
limitations had run out.
The Presiding Officer is one of the most gifted lawyers we have in
the Senate. He was a long-time attorney general in the State of
Connecticut and understands the law very well. Lilly Ledbetter's case
was so unfair because she didn't bring her case soon enough. She didn't
know she was being cheated. They said people have a certain period of
time to bring up this matter--I think it was 3 years. Even though it
had been well more than a decade she had been working there, she was
out of luck.
So we passed the Lilly Ledbetter Pay Act. I met her on a number of
occasions and, boy, she has a lot of spunk in her. And rightfully so
because a lot of people would not have fought. She took her case to the
U.S. Supreme Court and she lost there. That is why we had to do
something legislatively.
This law, the Lilly Ledbetter legislation, makes it possible for
victims of gender discrimination to successfully challenge unequal pay
even if the indiscretion has been going on for years.
Despite that achievement in the last Congress, there is a great deal
of work to be done to ensure that American women earn comparable pay
for a day's work. It is crucial that we pass the bill that is now
before this body, the Paycheck Fairness Act. It is common sense. It
would give workers stronger tools to combat wage discrimination, bar
retaliation against workers for discussing salary information, and help
ensure more adequate compensation for victims with gender-based pay
discrimination.
I am fortunate that I have five children. My oldest is my daughter.
She was a good student and a wonderful daughter. No one could be a
better daughter than my daughter Lana. She graduated from college, and
she came to Washington to spend some time with her parents before she
decided what she wanted to do permanently. She went around looking for
a job on Capitol Hill.
The first question every person she interviewed with asked was, Do
you type? Can you imagine that? She could type. How do you start a
debate with that? They asked her that because she is a woman. Women get
an unfair shake in modern-day America, and we are trying to do
something about it.
We want workers to have stronger tools to combat wage discrimination.
We want to bar retaliation against workers for discussing salary
information. Some people get fired because they have gone around and
found out that a man working the same job as them makes a lot more
money than they do. They get fired for just telling another employee
what they made.
We also want this paycheck fairness bill to pass because it would
help ensure more adequate compensation for victims of gender-based pay
discrimination. Today women make up nearly half of the workforce, and
an increasing number of women are the primary wage earners for their
families.
When I went to law school in Washington--a good school, George
Washington University--I can only recall one woman in our class. There
may have been two or three, but I don't think so. Now over half the
women in law schools in America are women. There is no reason that a
woman graduating from law school should get paid less than a man
graduating from law school when they are doing the same work.
Today women make up nearly half of the workforce. As I said, an
increasing number of women are the primary wage earners for the family.
We can tell that by what is going on in college. More than half of the
students in college are women. So this problem affects women, children,
and families across the country. And it really does.
With the economy struggling and families stretching every dollar,
closing the pay gap is more important than ever. No woman working to
support herself or her family should be paid less than a male
counterpart. They are doing the same job, so they should be paid the
same.
Some employers have taken advantage of women, knowing they would work
for less. It might be a single parent, and they have said: We don't
have to pay her what we pay him. Now with all of this going on, with
the examples I have given, the Republicans are filibustering this bill.
They will not even let us vote on it. But what else is new? They have
filibustered even what they agree with. They don't agree with this.
They don't want women to make the same amount of money, so they are
filibustering this bill--they are filibustering even letting us get on
the bill. They are filibustering what is called a motion-to-proceed
rule that I think needs to be changed in this body, and it will
someday.
They are filibustering the Paycheck Fairness Act. This legislation
would help even the playing field for women in the workplace. If it
seems unbelievable that the Republicans would block such a commonsense
measure. Consider their track record in this Congress. Republicans have
blocked legislation to hire more teachers, cops, firefighters, and
first responders. They blocked that. They stalled important jobs
measures such as the aviation bill. The FAA bill had 22 extensions.
They finally got it done, but it was so hard. The FAA was closed down
on one occasion for a week.
The highway bill has been stalled for months. It is in conference
now. They opposed legislation to restore basic fairness to our Tax
Code. What does that mean? We agree with the American people. About 80
percent of the American people believe someone who is making more than
$1 million a year should pay more than somebody making $100,000 a year.
But not our Republican friends. So they opposed legislation to restore
basic fairness to our Tax Code. They twice derailed attempts to stop
interest rates on student loans from doubling which put affordable
education at risk for 7 million students.
What I am saying is if we don't get something done by the end of this
month, the interest on a large number of student loans--the so-called
Stafford loans--will grow from 3.4 percent to 6.8 percent. It will
double. They have stopped that twice.
They put women's lives at risk by holding the Violence Against Women
Act in limbo on a hypertechnical issue. When I say ``hypertechnical,''
I mean just that. They would not let us go to conference on what we had
passed and done here because it had a tax measure in it. By Washington
standards, almost no money, a few million dollars. I know that is a
lot, but is it a reason to stop this bill? Of course not.
They launched a series of attacks on women, their access to health
care, and
[[Page S3671]]
even contraception. They have amassed an impressive record of
destruction, of being on the wrong side of almost every issue.
Unfortunately, it seems that the Paycheck Fairness Act may have two
strikes against it. No. 1, it will be good for women and good for the
economy, so Republicans are going to oppose it. Paycheck fairness is
right for the country, but it appears Republicans will wind up on the
wrong side of this issue as well. They will send the message to little
girls across the country that their work is less valuable because they
happen to be born female.
Little kids are so impressionistic. I hope everybody in this country
saw the picture that appeared in major newspapers around the country
last week.
There is a man who served as a U.S. marine at the White House. It is
an important job--helping to provide security to the White House. It is
traditional for Democratic Presidents and Republican Presidents. When
the marine finishes their tour, the President brings that person and
their family into the Oval Office to say thanks and goodbye. Well, the
man who came in and who is represented in these pictures had a wife and
two children, including a cute little 5-year-old boy all dressed up
with a tie. The President asked the boys if they had a question. The 5-
year-old had a big brother who was 9 or 10 years old. The little boy
had a question, demonstrating the honesty of a 5-year-old.
The President couldn't hear him the first time. He said: What did you
say?
The little boy said: Is your hair like mine?
He is a little African-American boy.
Is your hair like mine?
I am sure this little boy--I don't know, but I am sure people had
questioned his hair, and he wanted to know if the President of the
United States had hair just like his.
So the President leaned over and said: You can feel it.
When he felt the President's hair, he said: It is just like mine.
Doesn't that speak volumes about little children? That is what I am
talking about. This little boy knew that even though his hair was
different than everybody's hair whom he went to school with, he could
be President just like the man whose hair he was able to feel.
What I have said here today is that it appears Republicans wind up on
the wrong side of this issue we have talked about--paycheck fairness--
sending the message to little girls across the country that their work
is less valuable because they happen to be born female. I hope the
Republicans will change. They are not going to--we all know that--but
hope springs eternal.
Will the Chair announce the business of the day.
Reservation of Leader Time
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
Mr. REID. I note the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Recognition of the Minority Leader
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
Presidential Leadership
Mr. McCONNELL. Mr. President, I wish to start out this afternoon by
calling attention to what appears to be a pretty serious disconnect
over at the White House between the President's legislative advisers
and his political team.
For weeks, President Obama has been running around ginning up college
students and late-night television audiences over an impending interest
rate change on college loans, pointing the finger at Republicans. But
not only are Republicans supportive of solving this problem, we are the
only ones who actually passed legislation to do so. House Republicans
passed a bill weeks ago that would have preserved current rates, and
late last week Speaker Boehner, Leader Cantor, Senator Kyl, and I sent
a joint letter to the President proposing multiple solutions to the
problem that were thoughtfully and carefully designed to gain the
President's support. In fact, the solutions were based on the
President's own proposals.
Let me say that again. We sent a letter to the President advocating
continuing the current rate for another year and proposed pay-fors that
he himself has endorsed. So one can imagine how surprised we were to
see one of the President's political advisers say on one of the Sunday
shows yesterday that Republicans in Congress are sitting on our hands
and an op-ed this morning by the Education Secretary saying that
Congress isn't lifting a finger to resolve the problem.
So let's be very clear about all of this. Republicans in Congress are
the only ones actually working to solve the student loan issue. Unless
the President isn't having his mail forwarded to him on the campaign
trail, he knows it as well as I do.
I couldn't help but notice that the President is on a fundraising
blitz in Manhattan today. No doubt it is easier to walk into these
events when one has a good piece of fiction to sell about Republican
obstructionism. But the President's campaign rhetoric is increasingly
at odds with reality. On the student loan issue, at least, it is
Republicans who have been working on a solution and the President who
has been totally AWOL. All he has to do is pick up the phone and tell
us which one of his own proposals he will accept. It is that easy. But
the truth is that the President doesn't really want to solve this
problem. He seems to prefer the talking point, as disingenuous as it
is.
Speaking of talking points, it has been suggested by some on the
President's political team that Republicans are rooting for economic
failure. That is absolutely preposterous. If Republicans wanted
failure, we would support this President's misguided policies.
But the larger point is this: We will never solve any of these
problems we face while the President continues to put his need for
campaign rhetoric ahead of finding bipartisan solutions. And whether it
is pretending that small-ball, Post-it note-quality proposals would
have a major impact on the economy or pretending that Republicans, who
are the only ones actually working on bipartisan solutions, are somehow
sitting on our hands, he is doing a major disservice to the American
people.
For the good of the country, it is time for the President to take yes
for an answer. It is long past time for the President to lead.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. KYL. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Avoiding Sequestration
Mr. KYL. Mr. President, today I would like to address some of the
recent press chatter that attempts to paint Republicans as closet
Keynesians because we oppose the massive defense cuts that are
contained in the Budget Control Act--the automatic sequestration or
across-the-board cuts that occur unless Congress acts to avoid that
before the end of this year.
The implication is that if we make economic arguments against these
automatic cuts; namely, that they will result in massive job losses, we
undercut our arguments against the President's stimulus spending, which
is ostensibly created in order to stimulate consumer demand and
therefore increase spending, which is supposed to get us out of the
economic doldrums we are in. I wish to make two points in response.
First, of course, eliminating more than 1 million defense-related
jobs, which is what will happen if the automatic sequestration occurs,
will obviously hurt the economy. It will obviously result in job
losses, and many people will suffer. That is what a George Mason
University study said this $492 billion in cuts will contribute to. In
fact, the same point was made in a CBO study that was released a couple
of weeks ago. How could such massive job losses not do economic harm? A
million jobs--jobs in both the private and public sectors--comprise a
substantial part of our economy. In fact,
[[Page S3672]]
just in my State of Arizona, there are about 33,200 private-sector jobs
at risk if these automatic defense cuts were to take place.
But--and this is my second point--most Federal spending, certainly
including defense spending, is for purposes other than stimulating the
economy. I support spending for national security because it is
necessary for the Nation, not because it also happens to provide jobs.
And that is the way it is with a lot of Federal spending. We support
the programs because they satisfy a need, and certainly the No.1 need
of those of us in the Congress and the President is to provide for the
national defense. So we spend what we think is necessary each year to
provide for the national defense. The fact that also can create some
jobs is a side benefit, if you will, in an economic sense, but it is
not the reason we do the spending in the first place. If that spending
is cut way back, however, there is no question that jobs will be lost,
and I think that is worth pointing out in the context of a discussion
about economic recovery.
What I would not do is support unnecessary spending on defense or
anything else just to create more government-supported jobs, just for
the sake of stimulating the economy. The taxpayers don't have enough
money to contribute to the Federal Government for that purpose. We
should spend what is necessary and no more. So supporting existing
defense jobs is very different from supporting redistributionist
government stimulus spending for jobs there is no demand for and on
government payments for things such as food stamps and other transfer
payments that don't necessarily translate to new jobs but simply move
money around. The difference, really, is how you spend the money.
Just to reiterate, Republicans support defense jobs because they
produce something essential to our national security and the things
they relate to--intelligence and making equipment and weapons and so
on. The jobs that produces are incidental to the primary reason we
support those jobs.
Keynesians support redistributionist government stimulus spending
because they think government spending boosts jobs and economic growth
by increasing consumer demand, as I said. But this zero-sum thinking
may result in the redistribution of resources from one group of
Americans to another but doesn't necessarily result in any net new
production or economic growth.
It is said, for example, that we could pay people to dig holes and
then fill them up again and we would have created jobs but we wouldn't
have created any productivity or growth for the economy per se.
Unfortunately, very often the group left paying the bill is the very
group of people we rely upon to create the new jobs--in this case, the
taxpayers, especially small business folks, whom we call upon to create
the jobs coming out of the recession. The real trade-off is between
government jobs and jobs created in the private sector. Leaving more
money with the job creators in the private sector enables them to
create those jobs. Taking more of it away and sending it to Washington
for Washington to redistribute takes away from job creation.
As I have noted many times, the last 3-plus years have shown we can't
spend our way to economic growth and prosperity; that is, we--the
Federal Government--can't spend our way to growth and prosperity
because the money we spend either has to come from taxpayers or be
borrowed and eventually be paid back by taxpayers. The stimulus was
supposed to keep unemployment below 8 percent, but we have just marked
the 40th straight month of unemployment higher than 8 percent--above 8
percent. I think such outcomes demonstrate why Republicans oppose these
Keynesian spending policies. They simply don't work. If they did, we
would be rolling in dough right now after four consecutive trillion-
dollar deficit spending sprees.
To set the record straight, Republicans are not arguing that the
Department of Defense is a jobs program. It is necessary for our
national defense. That is why we spend the money. We are not saying we
are going to fix the economy by undoing the defense cuts under the
sequestration. We are not even saying defense-related jobs are the most
important sequester-related issue. What we are saying is that defense
cuts are very dangerous for our national security, and if they go
through, not only is our safety jeopardized, but we may have more than
1 million newly unemployed Americans. That is not a desirable outcome,
and that is worth talking about. That is something we must keep in mind
as this debate goes forward.
In conclusion, I renew my call to my Democratic colleagues and to our
House colleagues to get together--Republicans and Democrats, House and
Senate--to do something we all know is in the best interest of the
country: avoid the automatic sequestration, half of which applies to
defense--we are all for a strong national defense--and half of which
applies to all the other discretionary spending programs. All those
things will suffer if we don't reprioritize our spending and our
reductions in spending as opposed to allowing this to happen across the
board.
We do that by finding offsets we can agree upon in a way that will,
as I said, set the priorities and enable the departments of government
that have to plan for the future to do so in an intelligent way rather
than simply knowing at the end of the year they are all going to have
to have an across-the-board cut that isn't in anyone's best interest.
It is not as if we are suggesting doing away with the savings that
would result from sequestration, which is $109 billion for next year.
Well, believe me, there is $109 billion in the $3-plus trillion
spending we will be doing here. There certainly is $109 billion in
savings we can achieve, and there have been several proposals already
as to how that can be done. And it can be done without losing Federal
jobs, it can be done without negatively impacting the economy, and it
needs to be done under the law because Congress promised that we would
save that $109 billion next year. It is just a matter of whether we
will do so intelligently, making the decisions we can make--and that
our constituents expect us to make--in an intelligent way, setting
priorities, or whether we will simply succumb to the notion that we
can't make a decision, so we will let it happen across the board.
Just to give an illustration, how would you like to be a Navy admiral
who hears the words: Here is your 80 percent of a submarine, admiral.
It doesn't work that way. If we need the submarine, we need to pay for
100 percent of the submarine and cut somewhere else. That is all we are
suggesting. We need to do that while the planning can be done for next
year; otherwise, we are going to have a very inefficient and Draconian
cut coming up that is not going to benefit anyone.
Again, I urge my colleagues, let's find a way to get together, find
those savings, and get that done before we get toward the end of the
year, when the departments can do the planning we will be asking them
to do.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. INHOFE. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so
ordered.
Mr. INHOFE. Madam President, let me first of all express my
appreciation to the majority. I understand I am to be given some 40
minutes after the vote at the conclusion of the remarks by Senator
Brown of Ohio. I have a subject that is very significant, and it is one
I cannot do while being interrupted. So I appreciate starting this
period off after the recess being able to express my concern over what
I refer to as President Obama's war on fossil fuels and specifically
today on coal. I look forward to that sometime around the 6 o'clock
hour.
With that, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CARDIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. Madam President, I rise to support the Paycheck Fairness
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Act that we are going to have a chance to vote on tomorrow. I hope my
colleagues will support the effort of my colleague Senator Mikulski in
allowing S. 3220 to move forward. I congratulate my colleague Senator
Mikulski for her incredible leadership on behalf of women's issues. She
has done that throughout her entire career, and we knew she would be in
the forefront of this effort for paycheck fairness. I am proud to stand
shoulder to shoulder with her in this fight for basic justice in our
Nation, to provide equality of pay in this country based upon a
person's work and not a person's gender.
It builds on the Equal Pay Act of 1963 that was signed by President
Kennedy. Yes, 1963 was the year Congress first spoke and said we are
going to have equal pay for equal work in America, that America would
show leadership internationally to say: Let's end discrimination
against women in the workplace.
That legislation fought sex discrimination in employment wages,
including the fact that such discrimination not only depressed wages
and living standards for female employees, but it affected our entire
labor resources here in America, holding back the development of our
country. Title VII of the Civil Rights Act of 1964 prohibits employers
from engaging in discrimination against their employees based on
gender.
Today, women still face a pay gap. In 1963, women made 59 cents for
every $1 made by a man. Those were the numbers in 1963. Today, women
make just 77 cents for every $1 made by a man for equal work or
comparable duties. That means a woman has to work 4 days to get 3 days'
pay. That is not acceptable. I understand we have made some progress
since 1963, but one would think that within a 50-year span we could
have done better.
The Paycheck Fairness Act will allow us to reach our goal of equal
pay for equal work. Estimates indicate that the wage gap costs women,
on average, $434,000 over their careers. While I am pleased we are
making progress, this progress is just too slow, and we need to move
more aggressively to close this pay gap in the year 2012.
Congress took another important step forward for equal rights for
women by passing the Lilly Ledbetter Fair Pay Act. The legislation
allows plaintiffs to sue for wage discrimination based on each new
discriminatory paycheck they receive. In this case, Congress overturned
a decision of the U.S. Supreme Court which held that women were only
allowed to sue their employers within 180 days after the discrimination
began, even if the women were not aware the discrimination was
occurring, as a result of not knowing their coworkers' wages.
Quite frankly, I think the Supreme Court decision defies logic. How
can someone possibly bring a case within 180 days if they do not know
about the discriminatory pay differential? Congress did the right
thing. But basically we held the line on allowing enforcement rather
than advancing what we need to, to make sure we have an effective
remedy for discrimination against women in our workplaces.
That is exactly what the Paycheck Fairness Act does. It provides for
an effective enforcement so women, in fact, can hold their employers
responsible if the disparity is based upon their gender, which should
not be in America.
The Paycheck Fairness Act would require employers to show pay
disparity is truly related to business justifications and job
performance and not gender. It prohibits employer retaliation for
sharing salary information with coworkers. Under current law, employers
can sue and punish employees for sharing such information. In addition,
this legislation strengthens remedies for pay discrimination by
increasing compensation women can seek.
The Paycheck Fairness Act also would strengthen the ability of the
Department of Labor to help women achieve pay equity by requiring the
Department of Labor to enhance outreach and training efforts to work
with employers to eliminate pay disparities and to continue to collect
and disseminate wage information based on gender.
The purpose of this act is to avoid discriminatory pay, not to sue
employers after the fact. Therefore, this bill, the Paycheck Fairness
Act, is well balanced in providing remedies, yes, if, in fact, an
employer is discriminating on pay based on gender but to provide help
to employers so they can take the appropriate steps to make sure, in
fact, their workforce is fairly paying their employees.
The legislation makes clear that employers are liable only for wage
differentials that are not bona fide factors. Bona fide factors include
items such as education, training or experience and must be job related
and consistent with business necessity. Employees will also be able to
argue that employers should use alternative employment practices that
would serve the same business purpose without producing the wage
differential.
The legislation is crafted to avoid any undue burden on small
businesses. I think the Presiding Officer and I both understand the
importance of small businesses with the work we do on the Small
Business Committee. This act is delayed from taking effect until 6
months after its passage so the Labor Secretary and EEOC can develop
technical assistance materials to assist small businesses in complying
with the new law, and the agencies are charged with engaging in
research, education, and outreach on the new law.
The EEOC is charged with issuing regulations to provide for the
collection of pay information from employers. The law specifically
states that these regulations should ``consider factors including the
imposition of burdens on the employers, the frequency of required data
collection reports . . . and the most effective format for data
collection.''
We have heard about the cumulative information: Why can't we simplify
it? Why can't we combine it? Why can't we be sensitive to small
businesses? The Paycheck Fairness Act in our language makes it clear
these regulations must be sensitive to the special needs of small
businesses to make sure, in fact, this bill provides an effective
remedy without excessive burdens on the business community.
In my own State of Maryland, the gender pay gap is 14.6 percent,
according to the Joint Economic Committee. In Maryland, women's median
weekly wage for full-time workers is $822, while men's is $962. That is
not right. In Maryland, over one-third of married, employed mothers are
their families' primary wage earner. Maryland women contribute, on
average, over 40 percent of family wages and salary income to their
households. It is time for women who live in Maryland--or who live in
any State in our Nation--to get fair pay for the work they do.
I have the opportunity to chair the subcommittee on the Senate
Foreign Relations Committee that deals with international development
assistance. I have worked very closely with Secretary of State Clinton
to deal with gender issues internationally.
We have discovered something that should be pretty obvious, but it is
something that is very telling. The way a nation treats its women will
very much be a barometer as to how well that nation is doing--how well
they are doing with economic growth, how stable their government is.
The United States has been a leader in working with countries around
the world to treat women right, to do land reform so that the women who
work the fields also own the property they are working, to make sure
they share fairly in the fruits of their labor. We have been a leader
internationally. I am proud of the progress we are making. I am proud
of what Secretary Clinton and President Obama have done in showing the
world that it is in a nation's interests to make sure women are
properly dealt with, that they have proper education, that they are
included in the system for education, for health care, for job
training, for all of those issues, and are treated fairly when it comes
to the economic rewards for the work they do. But it starts with us
doing what is right in America.
Fifty years is too long for women to wait for equal pay after
Congress took action in 1963. As a father and grandfather of strong,
intelligent women, pay equity is a personal issue for me. I want my two
granddaughters to know that when they grow up, they will be paid fairly
for the work and not 77 cents for every dollar of their male
counterparts.
I am proud to stand with Senator Mikulski in this fight to finally
ensure that equal pay for equal work becomes
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a reality for all women and men. I am pleased that this legislation is
endorsed by a large number of organizations that have been in the
forefront of fighting for equal justice in America. It is time to act
and pass the Paycheck Fairness Act.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LEAHY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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