[Congressional Record Volume 159, Number 57 (Wednesday, April 24, 2013)]
[Senate]
[Pages S2962-S2965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HOEVEN (for himself, Ms. Klobuchar, Mr. Cornyn, Mr. 
        Begich, Ms. Ayotte, Mrs. Shaheen, Mr. Portman, Mr. Risch, Mr. 
        Coats, Mr. Chambliss, Mr. Lee, Mr. Graham, Mr. Blumenthal, Mr. 
        Manchin, Mr. Alexander, Mr. McCain, Mr. Toomey, Mr. Enzi, Mr. 
        Kirk, Mr. Barrasso, Mr. McConnell, Mr. Coburn, Mr. Scott, Mr. 
        Inhofe, Mr. Grassley, Mr. Heinrich, Mr. Roberts, Mr. Crapo, Mr. 
        Johnson of Wisconsin, Mr. Johanns, Mr. Paul, Mr. Cochran, Mrs. 
        Fischer, Mr. Sessions, Mr. Wicker, Mr. Blunt, Mr. Boozman, Mr. 
        Rubio, and Mr. Hatch):
  S. 794. A bill to prevent an increase in flight delays and 
cancellations, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. HOEVEN. Mr. President, I rise this morning to introduce 
legislation. The legislation is entitled the ``Dependable Air Service 
Act.'' It is a very simple, straightforward solution to the issue of 
the furloughs of air traffic controllers, and I would like to take just 
a few minutes to describe it.
  This is bipartisan legislation. I would like to start out by thanking 
my cosponsors. The lead cosponsor is Senator Amy Klobuchar of 
Minnesota, but other cosponsors are Senator John Cornyn of Texas, 
Senator Rob Portman of Ohio, Senator Kelly Ayotte, Senator Risch of 
Idaho, and also Senator Jean Shaheen of New Hampshire. As one can see, 
it is bipartisan legislation. These are original cosponsors on the bill 
with me, and we will have more, as we are talking to others.
  As I said, this is a very simple, straightforward solution to the 
issue we face of delays in our airports across the country because of 
the furloughs to air traffic controllers. What the bill does is to say 
to the Administrator of the FAA--the Federal Aviation Administration, 
Administrator Huerta--that he can use dollars within his budget, move 
them around as he needs to move them around, and that is what he needs 
to do--to move dollars around within his budget so he does not have to 
take $206 million out of the salary line of the air traffic 
controllers. He can then decide what reductions he can make in those 
salaries and what level of furloughs he can make to air traffic 
controllers but still maintain air service on an on-time basis, so we 
have dependable on-time air service across this country for our 
citizens.
  Further, it provides that if for any reason the FAA Administrator, 
within his budget, cannot fully accomplish that, then the Secretary of 
Transportation, Mr. LaHood, can work with him to utilize funds within 
the budget of the Department of Transportation. It provides the 
authority, quite simply, to move the dollars around within the budget 
of the DOT--Department of Transportation--and gives the Secretary that 
authority to make sure they do not furlough more air traffic 
controllers than are needed to keep our air flights on time, to keep 
service, of course, safe and dependable so the traveling public can be 
assured their flights are going to be on time.
  The FAA has announced they are furloughing about 1,500 air traffic 
controllers, which is about 10 percent of their total air traffic 
controller workforce. They are doing this to save $206 million of the 
roughly $630 million to $640 million the FAA is reducing under 
sequestration. They have the authority to move 2 percent of their 
operating budget without congressional approval, and they have the 
authority to move up to 5 percent of their operational budget around 
with congressional approval, which means coming to the Appropriations 
Committee and getting approval to move up to that 5 percent. But FAA 
Administrator Huerta has said that is not a sufficient amount to make 
the adjustments he needs to make within the FAA budget to address the 
furlough issue.
  So what this bill does, quite simply, is it says: Look, you can move 
the dollars as you need to within your budget. You have the flexibility 
and the authority to do that. Do that. And if for any reason that isn't 
sufficient, then Secretary LaHood can backstop that through the 
Department of Transportation dollars.
  To put this into perspective, the total budget for the Department of 
Transportation is $72 billion--$72 billion--and the total cuts 
throughout DOT, which includes the FAA, under sequestration is about $1 
billion--$1 billion. The FAA is taking $637 million of that reduction. 
Of course, the real issue we are dealing with in terms of flight delays 
is that about $206 million comes out of the air traffic controller 
salary line. So what we are saying is: Look, make some reductions, find 
some economies, do what you can within the air traffic controller line, 
just as you are doing across the budget. We should all be doing that 
because the Federal Government has a huge deficit. We have a huge debt. 
We have to find ways to reduce spending. So we are all in this together 
and we have to find sensible, commonsense ways to minimize the impact 
to the public. We have to, with that approach, find savings. So find 
the savings you can in terms of how many air traffic controllers you 
can truly furlough and then move the dollars you have to in order to be 
sure we do not impact the traveling public.
  Again, this is a bipartisan bill. This is a simple--straightforward 
solution to the issue, and we need to do it. We need to do it.
  On Monday, reports were there were 1,200 flights delayed across the 
country. At airports in New York, in Dallas, and in Los Angeles, some 
of those flights were up to several hours. What the FAA has indicated 
is that up to 6,700 flights a day out of the roughly 23,000-plus 
flights a day may be delayed because of these air traffic controller 
furloughs. There is no reason for that. So I want the public to know we 
are putting forth a simple, straightforward bipartisan solution that 
still saves the dollars we need to save but gives the simple, 
straightforward flexibility that is necessary--both within FAA and DOT, 
if necessary--to make the adjustments, to make sure those flights are 
on time for the traveling public.

  I called Secretary LaHood yesterday. I said: What do you think? He 
said: I think that will work fine. Great. Let's work together. Let's do 
it.
  We talked to the airlines association. We talked to the FAA 
Administrator and said: What do you think? The air traffic controllers 
union: What do you think? They all seemed to say: Commonsense, simple, 
straightforward. Let's do it.
  Let's make sure we solve problems for the American public. They need 
to know that not only are their flights safe, they need to know they 
are dependable. They need to know when they show up at the airport that 
airplane is going to leave when they expect it to leave. It is 
important for our families, it is important for our businesses, it is 
important for the economy of this country, and it is easily solved. So 
let's do it.
  I ask my colleagues to join me in this legislation.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Kirk):
  S. 796. A bill to designate the facility of the United States Postal 
Service located at 302 East Green Street in Champaign, Illinois, as the 
``James R. Burgess Jr. Post Office Building''; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. DURBIN. Mr. President, today along with my colleague Senator Mark 
Kirk, I introduced a bill to name the United States Postal Service 
facility at 302 East Green Street in Champaign, Illinois, as the James 
R. Burgess Jr. Post Office Building.
  I am proud to introduce this measure to honor Mr. Burgess, an 
accomplished Illinois war veteran and public servant. Mr. Burgess 
served his country honorably in World War II and after. At age 29, he 
led one of six companies in the 761st Tank Battalion, the first 
African-American armored unit to enter battle in World War II. The 
761st served under General George Patton. After the war, he remained in 
the military, serving in Army intelligence. As part of his training, 
Mr. Burgess attended both German

[[Page S2963]]

and Russian language school. He retired from the Army in 1962 with a 
``top secret'' clearance.
  After his military career, Mr. Burgess moved his wife and two sons to 
Champaign where he earned a law degree from the University of Illinois. 
After moving to Chicago for a time, the family eventually returned to 
Champaign where Mr. Burgess worked for the Champaign County State's 
Attorney. In 1972, he was elected to the post himself. He became the 
first and, to this day, the only African American elected to county-
wide office in Champaign County.
  In 1977, President Jimmy Carter appointed Mr. Burgess to be United 
States Attorney for what was then the Eastern District of Illinois. He 
held that position until 1982. Mr. Burgess passed away in 1997.
  I look forward to working with my colleagues in the House and Senate 
to complete the effort long-undertaken by his loving son, Steve, and 
family to honor this worthy Illinoisan and patriotic American.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 796

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JAMES R. BURGESS JR. POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 302 East Green Street in Champaign, 
     Illinois, shall be known and designated as the ``James R. 
     Burgess Jr. Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``James R. Burgess Jr. Post Office 
     Building''.
                                 ______
                                 
      By Mr. CORNYN:
  S. 800. A bill to require the Secretary of Veterans Affairs to ensure 
that the South Texas Department of Veterans Affairs Health Care Center 
at Harlingen, located in Harlingen, Texas, includes a full-service 
inpatient health care facility of the Department of Veterans Affairs, 
to redesignate such center, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 800

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Treto Garza Far South Texas 
     Veterans Inpatient Care Act of 2013''.

     SEC. 2. INPATIENT HEALTH CARE FACILITY AT DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL FACILITY IN HARLINGEN, 
                   TEXAS.

       (a) Findings.--Congress makes the following findings:
       (1) The current and future health care needs of veterans 
     residing in Far South Texas are not being fully met by the 
     Department of Veterans Affairs.
       (2) According to recent census data, more than 108,000 
     veterans reside in Far South Texas.
       (3) Travel times for veterans from the Valley Coastal Bend 
     area from their homes to the nearest Department of Veterans 
     Affairs hospital for acute inpatient health care can exceed 
     six hours.
       (4) Even with the significant travel times, veterans from 
     Far South Texas demonstrate a high demand for health care 
     services from the Department of Veterans Affairs.
       (5) Ongoing overseas deployments of members of the Armed 
     Forces from Texas, including members of the Armed Forces on 
     active duty, members of the Texas National Guard, and members 
     of the other reserve components of the Armed Forces, will 
     continue to increase demand for medical services provided by 
     the Department of Veterans Affairs.
       (6) The Department of Veterans Affairs employs an annual 
     Strategic Capital Investment Planning process to ``enable the 
     VA to continually adapt to changes in demographics, medical 
     and information technology, and health care delivery'', which 
     results in the development of a multi-year investment plan 
     that determines where gaps in services exist or are projected 
     and develops an appropriate solution to meet those gaps.
       (7) According to the Department of Veterans Affairs, final 
     approval of the Strategic Capital Investment Planning 
     priority list serves as the ``building block'' of the annual 
     budget request for the Department.
       (8) Arturo ``Treto'' Garza, a veteran who served in the 
     Marine Corps, rose to the rank of Sergeant, and served two 
     tours in the Vietnam War, passed away on October 3, 2012.
       (9) Treto Garza, who was also a former co-chairman of the 
     Veterans Alliance of the Rio Grande Valley, tirelessly fought 
     to improve health care services for veterans in the Rio 
     Grande Valley, with his efforts successfully leading to the 
     creation of the South Texas VA Health Care Center at 
     Harlingen, located in Harlingen, Texas.
       (b) Redesignation of South Texas Department of Veterans 
     Affairs Health Care Center.--
       (1) In general.--The South Texas Department of Veterans 
     Affairs Health Care Center at Harlingen, located in 
     Harlingen, Texas, is redesignated as the ``Treto Garza South 
     Texas Department of Veterans Affairs Health Care Center''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     medical facility of the Department of Veterans Affairs 
     referred to in paragraph (1) shall be deemed to be a 
     reference to the ``Treto Garza South Texas Department of 
     Veterans Affairs Health Care Center''.
       (c) Requirement of Full-service Inpatient Facility.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     ensure that the Treto Garza South Texas Department of 
     Veterans Affairs Health Care Center includes a full-service 
     inpatient health care facility of the Department and shall 
     modify the existing facility as necessary to meet that 
     requirement.
       (2) Plan to expand facility capabilities.--The Secretary 
     shall include in the annual Strategic Capital Investment Plan 
     of the Department a project to expand the capabilities of the 
     Treto Garza South Texas Department of Veterans Affairs Health 
     Care Center by adding the following:
       (A) Inpatient capability for 50 beds with appropriate 
     administrative, clinical, diagnostic, and ancillary services 
     needed for support.
       (B) An urgent care center.
       (C) The capability to provide a full range of services to 
     meet the needs of women veterans.
       (d) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report detailing a plan to implement the 
     requirements in subsection (c), including an estimate of the 
     cost of required actions and the time necessary for the 
     completion of those actions.
       (e) Far South Texas Defined.--In this section, the term 
     ``Far South Texas'' means the following counties in Texas: 
     Aransas, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, 
     Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, 
     Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria, 
     Webb, Willacy, Zapata.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Manchin, Mr. Harkin, and 
        Mrs. Murray):
  S. 805. A bill to improve compliance with mine and occupational 
safety and health laws, and empower workers to raise safety concerns, 
prevent future mine and other workplace tragedies, and establish rights 
of families of victims of workplace accidents, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today to discuss mine safety, 
a critical issue to my state and the tens of thousands of miners across 
the Nation.
  Earlier this month we observed the third anniversary of the Upper Big 
Branch mine disaster which killed twenty nine of our Nation's miners. 
That disaster, the most deadly in decades, shocked the country and made 
us realize that we must aggressively and continually seek to make 
mining safer and we cannot rest--because no number of deaths or 
accidents is acceptable.
  In the past 3 years we have seen some positive steps in our Nation's 
mine safety efforts.
  As part of the Dodd-Frank bill we required publicly-traded mining 
companies to report safety information to their shareholders through 
their public filings with the Securities and Exchange Commission.
  Congress provided additional funds, $22 million, for MSHA and the 
Federal Mine Safety and Health Review Commission to reduce the appeals 
backlog, enforce mine safety laws and investigate the Upper Big Branch 
Disaster.
  MSHA has also pursued increased enforcement actions through their 
impact inspections that target violations at unsafe mines with poor 
compliance history or specific safety concerns. As of March 2013, the 
Administration had conducted 579 impact inspections, resulting in 
10,036 citations, 946 orders, and 43 safeguards.
  The administration has finalized rules to improve the broken 
``Pattern

[[Page S2964]]

of Violations'' process to better pursue repeat offenders.
  While we have had these improvements we also know that 97 miners have 
died on the job since this tragedy. That is 97 new grieving families. 
That is unacceptable to me, and I think to most people.
  So it is clear that we must do more.
  That is why today I am reintroducing my comprehensive mine safety 
legislation the Robert C. Byrd Mine and Workplace Safety and Health Act 
of 2013. We do incredibly important things in this bill including.
  We give MSHA expanded authority to subpoena documents and testimony. 
Currently, MSHA does not have the authority to subpoena documents or 
testimony from operators outside the context of a formal, public 
hearing. MSHA should have this authority in the context of 
investigations and inspections as well as public hearings.
  We provide for an independent investigation of the most serious 
accidents. The bill creates an independent panel, comprised of a team 
of independent experts, to investigate the actions of both the operator 
and MSHA for serious accidents, including any accident involving three 
or more deaths.
  We strengthen whistleblower protections for miners who speak out 
about unsafe conditions. This bill will require one hour annually of 
``miner's rights training'' to inform workers of the law's protections, 
give miners an express right to refuse unsafe work, expand the time 
limit for filing a complaint about retaliation from 60 to 180 days, and 
authorize punitive damages and criminal penalties for retaliation 
against workers who raise safety concerns.
  We increase maximum penalties. Currently, criminal violations of mine 
safety laws are a misdemeanor for a first offense. To provide a strong 
deterrent for such serious misconduct, the penalties for knowing 
violations of safety standards will be raised to the felony level, 
including providing felony penalties for miners, operators, and 
government officials who knowingly provide advance notice of 
inspections.
  We also increase civil penalties for making unsafe ventilation 
changes and violating mandatory health or safety standards for rock 
dusting or failing to keep the records required. These are areas of 
particular concern that were highlighted by investigations conducted by 
the Mine Safety and Health Administration, the United Mine Workers of 
America, and the Governor's Independent Investigation.
  We limit Miners' Exposure to Black Lung Disease. This debilitating 
disease is on the rise among a new generation of coal miners. 
Specifically, the provision would require that MSHA issue a rule within 
6 months, a rule that is long overdue, to lower exposure levels to 
respirable dust which would provide the maximum feasible protection 
that is achievable through environmental controls. It would also 
require that MSHA reexamine the incidence of black lung disease every 5 
years and, unless there is a decline in black lung, update the 
regulations again. More than 70 percent of the victims tested at Upper 
Big Branch were determined to have signs of black lung disease.
  We improve Federal and State Coordination to Combat Safety 
Violations. The Governor's Independent Investigation Panel recommended 
that Federal and State agencies immediately work together to address 
safety problems at mines right after they are found out, and this 
provision would strongly encourage such actions.
  I want to be very clear that I will not give up on fighting for the 
safety and health of our Nation's miners. Health and safety are issues 
that people shouldn't have to compromise on. I will continue this fight 
for West Virginia's miners and it is my hope that more of my colleagues 
will join me in these efforts.
  Mr. HARKIN. Mr. President, I strongly support the Robert C. Byrd Mine 
and Workplace Safety Act. This bill brings the Nation's mine health and 
safety laws up to date, gives mine safety officials the ability to 
effectively investigate and shut down habitually dangerous mines, and 
holds mine operators accountable for putting their workers in 
unnecessary danger.
  It has been over 3 years since April 5, 2010, when a massive 
explosion ripped through Massey Energy's Upper Big Branch Mine in West 
Virginia, tragically killing 29 miners. As the son of a coal miner, I 
continue to feel these losses very deeply, on a very personal level. My 
heart goes out to the family and coworkers of every worker who is 
killed or injured on the job. Too many of these tragedies are 
preventable, and we should not rest until the day comes when no hard-
working American has to sacrifice his or her life for a paycheck.
  The Upper Big Branch catastrophe spurred numerous investigations, and 
the resulting reports have yielded insight into specific ways that the 
government can act to improve the health and safety of our Nation's 
miners. Under the leadership of Joe Main, the Mine and Safety Health 
Administration has already taken many such important steps. One of 
their bold new safety initiatives that flowed from the Upper Big Branch 
explosion was to overhaul the ``pattern of violations'' process, which 
targets the worst actors in the mining industry. The pattern of 
violations regulation addresses a root cause of the Upper Big Branch 
disaster by strengthening worker protections at mines where operators 
are repeatedly and flagrantly disregarding safety rules. It is a 
substantial step forward that will help address the problems at our 
most dangerous mines before disaster strikes. And MSHA has made similar 
progress on other recommendations stemming from the Upper Big Branch 
disaster. Indeed, according to a March 31, 2013, report from the Labor 
Department's Office of Inspector General, MSHA has already implemented 
or is on track to timely address all of the 100 recommendations with 
deadlines from the investigative teams that studied the Upper Big 
Branch explosion.
  I applaud these efforts wholeheartedly, and I am pleased to mark our 
Nation's progress in mine safety reform. On-the-job deaths of miners 
reached a record low in 2012 of 35. But 35 deaths means 35 brothers, 
sons, uncles, and fathers were stolen away from their families last 
year--a number that is still far too high. Catastrophes like the Upper 
Big Branch explosion make it clear that our work here is unfinished.
  To prevent yet another disaster and more unnecessary deaths, Congress 
must do its part. It is time for the Senate to take action and ensure 
that a disaster like the Upper Big Branch explosion will never happen 
again. We need to strengthen the oversight system for the most 
dangerous mines, fortify penalties for operators who willfully put 
miners at risk, and make sure miners are protected if they raise safety 
concerns. And that is why I strongly support the Robert C. Byrd Mine 
and Workplace Safety Act of 2013. This bill is an important step in 
making good on an obligation we have to health and safety of our 
courageous miners and their families.
  This bill stands for some fundamental principles I believe are shared 
by all Americans.
  We believe that every American deserves to go to work without fearing 
for his or her life.
  We believe that responsible businesses that put safety first 
shouldn't have to compete with businesses that prioritize a quick buck 
over the safety of their employees.
  We believe that employers who put workers' lives at risk should face 
serious consequences that will force them to change their ways.
  We believe that companies shouldn't be able to hide behind high 
priced lawyers and convoluted corporate structures to avoid being held 
accountable for their actions.
  We believe that the critical agencies charged with protecting 
workers' lives should have all the tools they need to get the job done.
  We believe that whistleblowers are the first line of defense in safe 
workplaces and deserve strong protection from discrimination and 
retaliation.
  The Robert C. Byrd Mine and Workplace Safety Act of 2013 reflects 
these core principles and includes effective policies to achieve them. 
Its passage would be a major step forward for workplace safety.
  This legislation also makes common sense reforms to the Occupational 
Safety and Health Act, OSHA, which has not been significantly updated 
since it was passed over 40 years ago. For example, whistleblower 
protections under the OSH Act are toothless and unfairly tilted against 
workers

[[Page S2965]]

who risk their career to protect the public welfare. This bill makes 
essential changes to ensure that workers are protected, including 
lengthening OSHA's 30-day statute of limitation for whistleblowers, 
providing for reinstatement while the legal process unfolds for cases 
with an initial finding of merit and giving the worker the right to 
file their own claim in court if the government does not investigate 
the claim in a timely manner.
  The bill also strengthens criminal and civil penalties that, at 
present, are too weak to protect workers. Under current law, an 
employer may be charged--at most--with a misdemeanor when a willful 
violation of OSHA leads to a worker's death. Under the Robert C. Byrd 
Mine and Workplace Safety Act of 2013, felony charges are available for 
an employer's repeated and willful violations of OSHA that result in a 
worker's death or serious injury. The bill also updates OSHA civil 
penalties--which have been unchanged since 1990--and sets a minimum 
penalty of $50,000 for a worker's death caused by a willful violation.
  In addition to toughening sanctions for employers who needlessly 
expose their employees to risk, the bill makes sure that the government 
is responsive to workers when investigating charges. It guarantees 
victims the right to meet with the person investigating the claim, to 
be notified of and receive copies of reports or citations issued in the 
investigation, and to be notified of and have the right to appear at 
proceedings related to their case. Victims of retaliation should not 
suffer the double indignity of being ignored by government officials 
charged with protecting them.
  I hope that my colleagues on both sides of the aisle will support the 
Robert C. Byrd Mine and Workplace Safety Act of 2013. This important 
bill would take a tremendous step forward for mine safety and could 
ultimately save the lives of thousands of hard-working Americans.

                          ____________________