[Congressional Record Volume 160, Number 58 (Wednesday, April 9, 2014)]
[Senate]
[Pages S2293-S2312]
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. 345, S.
2199, the Paycheck Fairness Act.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The legislative clerk read as follows:
Motion to proceed to S. 2199, 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.
Schedule
Mr. REID. Mr. President, following my remarks and those of Senator
McConnell, the time will be equally divided and controlled until 11
a.m., and at that time there will be a cloture vote on the motion to
proceed with the legislation now before us.
Additional votes are expected today on confirmation of nominations.
Floor staff is working to come up with convenient times for everyone in
that regard and will notify Senators when we have those votes
scheduled.
Mr. President, today the Senate will vote on whether to end debate on
the paycheck fairness legislation. This much needed legislation
provides important protections for women. It addresses wage disparity,
helping women negotiate for equal pay, and it empowers workers to fight
back against wage discrimination--women in particular.
It is a good and important bill, and it helps American women in many
different ways, but for reasons known only to them, Senate Republicans
don't appear to be interested in closing the wage gap for working
women, such as my daughter and my grandchildren, the Presiding
Officer's wife and daughter, friends and neighbors.
Four years ago the Republicans filibustered this exact same
legislation. Two years later the Republicans filibustered this
legislation. Now for a third time the Paycheck Fairness Act is before
us and it appears it is going to be filibustered again. They have
indicated that they will likely not let us begin work on this important
piece of legislation or this debate.
If they are ideologically opposed to equal pay for equal work, they
are free to vote against paycheck fairness, come down here and give
speeches as to why it is such a bad idea, but we haven't heard any.
Today's vote is simply to begin debate on the bill. Are they so
repulsed by equal pay for hard-working American women they again will
not debate equal pay for equal work, but they will obstruct equal pay
for equal work?
The Republicans come to the floor and try to offer amendments that
have
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nothing to do with equal pay--nothing. I am at a loss as to why anyone
would decline to debate this important issue or, if you don't like it,
come and tell us why. Debate is what this institution is all about. It
is the U.S. Senate.
Hubert Humphrey said once: ``Freedom is hammered out on the anvil of
discussion, dissent and debate.'' That is what he said. So we should
debate this bill. Together we can find a solution to this unfair wage
disparity that costs average working women $464,324 over a lifetime, on
average.
American families want us to debate and hopefully pass this
legislation. This legislation overwhelmingly is supported by the
American people. People in support of the Paycheck Fairness Act are
calling on us to pass this legislation. They are writing letters, they
are posting on social media, and they are attending rallies. Our
constituents have made their feelings known, but the Republicans have
not gotten the message.
Henry David Thoreau said:
It takes two to speak the truth. One to speak and another
to listen.
The Senate Democrats have heard the truth about giving women a fair
shot at equal pay for equal work. The truth is that working women make
an average of 77 cents for every dollar their male colleagues make for
doing the exact same work. That is not fair.
Today we will see if Republicans will give working women and their
families a fair shot when voting on debate for this important
legislation. Millions of American women and men--everyone in America--
are hoping that a third time will be the charm for Senate Republicans.
Recognition of the Minority Leader
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
The Economy
Mr. McCONNELL. The Obama economy has had a devastating impact on the
people we represent. It has hurt millions in the middle class and
people from every region of the country in almost every walk of life.
When we consider the debate in the Senate, a few statistics jump out in
particular.
Under this President's watch more than 3.7 million American women
have fallen into poverty. The average American woman now makes about
$730 less than when the President took office. If she is a college
graduate, she has actually seen her income shrink by about double that
amount. In other words, when it comes to American women overall, what
we have seen over the past 5\1/2\ years is less income and more
poverty. That is the story Senate Democrats don't want to talk about.
Perhaps that is why for weeks now they have blocked the efforts
Republicans have made to improve the picture. Senate Democrats want to
control this debate from start to finish and basically do nothing to
help with our efforts to expand opportunity and jobs for women and for
men. It would appear, as some have put it, they have no interest in
solutions or any concern for the consequences of their actions. We see
that in how uninterested they seem to be in the statistics I just
mentioned, and we can see it in some other policies they have been
defending literally for months.
Take Obama's 30-hour workweek rule, which is basically forcing
employers to slash workers' hours. Who is impacted the most by it? As
one study pointed out, it is women. Nearly two-thirds of those
adversely impacted by this arbitrary provision of ObamaCare are women,
but Washington Democrats don't seem to care about that. They don't seem
to care about the ways people we represent are being hurt by their
policies.
As I said, they continue to block all the innovative ideas that
Republicans have been offering to turn the tide. Just look at what
happened on the Senate floor yesterday. I, along with several other
Republican colleagues, offered a series of measures that would not only
have helped the jobs picture in our country, it would have provided
greater opportunities for men, women, and families desperate to get
ahead. Had Democratic Senators not blocked these ideas, they would have
passed.
Why did Senate Democrats object to Senator Collins' proposal to
restore the 40-hour workweek? Do they think it is fair that Obama's 30-
hour workweek discriminates against working women? Do Democrats think
it is fair to protect the rules that disproportionately reduce their
wages?
Why do they object to the workplace flexibility proposal that Senator
Ayotte and I offered? Here is legislation that would have given working
moms and dads the option to take time off to help them find a better
work-life balance--flexibility that is more critical than ever now that
ObamaCare's 30-hour work rule is forcing people to pick up a second or
third job just to scrape by.
Why are Democrats so opposed to a policy that a lot of working women
say they want, a policy that is tailored to the needs of the modern
workforce and that many government employees already enjoy?
Why do Senate Democrats object to our job creation legislation, which
includes so many smart ideas from so many different Senators? Here is a
bill that strikes right at the heart of what has ailed our country for
5\1/2\ years, a lack of jobs and opportunity. Passing it should have
been a no-brainer.
But Senate Democrats blocked all of it, every last one of our
proposals, just like they shut down the proworker legislation Senator
Paul and I offered last week. The Right to Work Act is smart policy
that promises to boost competitiveness while advancing workers' rights,
ensuring they are not limited by the dictates of a union.
It is similar to another bill I am proud to cosponsor: Senator
Rubio's RAISE Act, which would allow workers to get a raise even if
union bosses didn't want them to. Take for instance a worker who
outperforms her colleagues and then is told by a union boss to sit down
and accept less pay than she deserves--not a dime more than the
coworker she is outperforming. It is completely and totally unfair, and
workers such as she shouldn't be penalized by some archaic rule dreamt
up before the age of ``Mad Men.''
These are the ideas that everyone who claims to stand for workplace
fairness should want to help us pass. Yet Washington Democrats always
seem to find some excuse not to. Maybe the Big Labor bosses they are
answering to are telling them they cannot. Who knows. Or maybe it is
the trial lawyers they seem to be so attentive to these days.
It makes sense when we consider what Senate Democrats have been
talking about this week, a bill that even publications such as the
Washington Post, the Chicago Tribune, and the Boston Globe have said is
bad policy. At a time when the Obama economy is already hurting women
so much, this legislation would double down on job loss, all while
lining the pockets of trial lawyers. In other words, it is just another
Democratic idea that threatens to hurt the very people it claims to
help.
It is time for Washington Democrats to stop protecting trial lawyers
and start focusing on actually helping the people we were sent to
represent. We have already seen what 5\1/2\ years of Washington
Democratic control has meant: more poverty and lower wages for women.
So they need to stop blocking innovative ideas that would move us
further along the path to opportunity because, look, the college
graduate who has seen her annual paycheck decline by $1,400 over the
past several years is counting on Senate Democrats to change their game
plan. The part-time worker who cannot imagine how she is going to make
ends meet under ObamaCare's 30-hour work rule is counting on Democrats
to think outside the box.
The American people are tired of Washington Democrats' 5\1/2\ years
of failed policies and all the political games that helped us get here
in the first place. Americans actually want solutions and they want
them now and we owe it to them to start passing the kinds of innovative
ideas Republicans are committed to pursuing, no matter how many times
the majority tries to shut us down.
I yield the floor.
Reservation Of Leader Time
The ACTING PRESIDENT pro tempore. Under the previous order, the time
until 11 a.m. will be equally divided and controlled between the two
leaders or their designees. Under the previous order, the leadership
time is reserved.
Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
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The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BARRASSO. 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.
Health Care
Mr. BARRASSO. Mr. President, this week President Obama has been
holding what appear to be made-for-TV events to talk about the economy.
He has been talking about the policies he wants Congress to enact,
policies that he says will finally get America's economy going again.
President Obama has been in the White House now for more than 5
years, so I think it is fair to ask: What has this administration--the
Obama administration--been doing for the economy over the past 5 years?
We know that the recession actually ended almost 5 years ago. Since
then, our economy has not bounced back the way it should have or the
way it typically does after a deep recession.
The Obama administration has spent a lot of money on failed ideas
such as the so-called stimulus package. Since the recession ended,
Washington has racked up more than $6 trillion worth of additional
debt, and it has not gotten us nearly the kind of growth we should have
had as a result of this spending.
Now the President has come out with a budget in which he has asked
for tax increases of over $1.7 trillion--nearly $2 trillion in higher
taxes over the next decade. Taxes are already too high. When I go home
to talk to my constituents--as I would think most Members of this body
hear from their folks at home--they say taxes are already too high.
Americans are now preparing to file their taxes. Income tax day is
coming--April 15. As Americans prepare to file their taxes, they are
getting a reminder of just how much of their hard-earned money
Washington is taking from them. Next Tuesday, April 15, is the deadline
for most of us to fill out the forms and send everything off to the
Internal Revenue Service, the IRS. According to the Tax Foundation,
Americans will spend more on taxes this year than they spend on food,
clothing, and housing combined.
We now know how much President Obama is spending, but what kind of
effect have his policies been having on our American economy? We know
that the economy is still not producing the number of jobs we need for
a real recovery. We know if we want to look for the reasons why that
seems to be the case, we could talk about the two million jobs
Democrats are blocking with their restrictive energy policies.
We could talk about the minimum wage bill that Democrats are pushing
right now. The Congressional Budget Office says that would reduce
employment in the United States by one-half million jobs--they say
maybe as many as 1 million jobs. Yet the majority leader comes here and
says it is the best thing we can do for the economy. Again, according
to the Congressional Budget Office, it will cost the economy one-half
million jobs and maybe up to 1 million jobs.
But probably the largest and most harmful thing the administration
has done--not just with regard to the economy, but to other factors,
including the lives of the American public--is the President's health
care law. This law is hitting people across the country. There are
folks who are seeing their premiums go up, losing access to their
doctor, getting cancellation notices from their insurance companies,
and it is also having an effect on our economy.
Today we had our usual Wyoming Wednesday where people from around the
State of Wyoming come to Washington and meet with their two Senators
from Wyoming so we can talk to people from our communities. Today I
heard another horror story related to the President's health care law.
A family had insurance that worked for them, and it worked for them for
a long time. It fit their budget, and it fit their needs as a family.
But, of course, it was canceled as a result of the President's health
care law and the mandates where the President believes he has a better
idea of what works for their family than they know in terms of their
family.
This husband and wife have a couple of young children, and they lost
their insurance. They tried and tried again to get reinsured through
the exchange. It took them months. They finally went with paper forms
to apply. The stories go on and on, and it is horrible to listen to
what American families have had to go through as a result of the
President's health care law. This is a family that was hurt as a result
of the President's health care law in terms of what they are paying for
insurance, in terms of the deductibles that are now in place, and in
terms of not being able to go to the doctor of their choice.
We have the effect on the family and the effect on the economy.
According to the Congressional Budget Office, the health care law is
going to lead to 2\1/2\ million fewer people working over the next
decade. These are not my numbers. These are the Congressional Budget
Office's numbers. Because of the warped incentives that are built into
this law, some people will have to choose between working more and
getting higher wages or working less so they can collect government
subsidies.
Remember Nancy Pelosi, the Speaker of the House on the Democratic
side. When this law was jammed through and down the throats of the
American people, she was saying: First you have to pass it before you
get to find out what is in it.
I actually read the whole thing, and it continues to astonish me how
few Members of this body and the body across the way actually read it
and instead just took her for her word. Now what we are seeing are
these unintended consequences continuing to show up.
Even some Democrats have had to admit as much about this issue of
people having to work more and getting higher wages or choosing to work
less so they can collect greater government subsidies.
One liberal columnist wrote in the Washington Post back in February
that ObamaCare is ``a drag on economic growth.'' He said it was ``a
drag on economic growth.'' It is a drag on economic growth ``as more
people decide government handouts are more attractive than working more
and paying higher taxes.'' The President wants higher taxes, but he
sets into place a health care law that discourages the work and
additional income because the government subsidies get greater if you
work less and have a lower income.
That is one way that the President's health care law has been
harmful, and there is another way as well. Remember, this law requires
employers to pay for insurance for anyone working 30 hours per week or
more. Thirty hours per week or more is considered a full-time job.
There is bipartisan legislation in an effort to try to actually
overturn that and get that back to the 40-hour workweek, which is what
most Americans think of as a full-time job.
How do people have to respond to the health care law that is out
there? What are towns doing with their town budgets? What are counties
doing in States all across the country? What are school districts
doing? We see what they are doing, and they are talking about it.
Towns, communities, counties, school districts, and universities are
cutting back on the hours of their part-time bus drivers, librarians,
coaches, and other middle-class workers. They are cutting back to get
them below 30 hours a week so they don't fall into the mandates of the
President's expensive health care law.
What does that mean? It means it hurts people's take-home pay. If
someone is working 32 or 33 hours a week and finds that their hours
have been cut to 29 hours--regardless of what the majority leader wants
to do with minimum wage--their paycheck is going to get smaller. Their
paycheck is going to be smaller because of the health care law. Their
paycheck will be smaller because of policies that Democrats have voted
for--many of whom never read it in the first place.
Is this just a Republican versus a Democratic idea? Not necessarily,
because a group of labor union leaders who supported the law initially
have said that this health care law will ``destroy the foundation of
the 40-hour workweek that is the backbone of the American middle
class.''
The House of Representatives voted last week to do something about
it. They passed--in a bipartisan vote--a
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bill that would change the definition of full-time work under the
health care law from 30 hours to 40 hours.
Senator Susan Collins introduced a bill to do the same thing here in
the Senate. So what has happened with it? Well, the Democratic majority
leader isn't allowing a vote on that bill.
This is a commonsense way to reverse some of the harm the President's
health care law is doing to hard-working Americans--how it is impacting
their take-home pay, how they are seeing smaller paychecks and
impacting their quality of life. But the Senate majority leader has
blocked the vote. So the health care law hurts patients, it hurts
health care providers, and is hurting the economy.
It is interesting, because the President said all he wanted to do was
insure the people who didn't have insurance. So we have an exchange. We
have turned the whole health care system upside down. We have impacted
one-sixth of the economy. And the whole purpose: to take people who
didn't have insurance and get them insured.
What does the Wall Street Journal say about it today in the headline
talking about the newest statistics in the RAND study? They say most
who bought policies through the new exchanges--most who bought policies
through the new exchanges--already had insurance. They weren't
uninsured. These people had insurance already.
Many lost their insurance because of the President's health care law.
Yet we have turned upside down one-sixth of the economy in an effort to
help some but have hurt so many in the process. That is one of the
fundamental flaws and problems of a health care law where the President
promised, if you like your coverage, you can keep it; if you like your
doctor, you can keep him or her. Now we have millions of people whose
coverage has been canceled. We have many people who can't keep their
doctor, can't go to their hospital. They are seeing higher premiums,
higher copays, higher deductibles, more pain because of what the
President and the Democrats have forced through the Congress, forced
through the House, forced through the Senate.
The American people wanted to change the health care system in this
country and they knew what they wanted. They wanted the care they need
from a doctor they choose at lower cost. They didn't get that in this
health care law. Many Americans have seen their costs go up--their
initial out-of-pocket costs--to buy the insurance on the exchange. They
have seen their copays go up. They have seen their deductibles go up.
And they can't keep the doctor of their choice. So they know what they
wanted, and this is not what they wanted, but it is what they have
gotten instead. People understand that.
That is why this health care law is still so very unpopular across
the country. People see how bad this health care law is in terms of
their own lives and how bad it is for the American economy. They see
how 5 years of this administration and the policies have held back our
economic recovery.
Tax day, April 15, coming next week, will be another opportunity for
Americans to reflect on how much of their money Washington has been
taking from them and what they have gotten in return. I would say, as
they reflect upon that, they will continue to say they are not getting
value for their money. They are not getting value for their money.
Polling shows that--and I hear this at home in Wyoming--for every
dollar people send to the government, they think they are getting less
than 50 cents on the dollar in value. They don't like it because it
means when the government takes more, they have less to spend.
The government is deciding where the money is spent, not families.
And it is families who want to make decisions for themselves about
their freedoms, about their health care, about their financial
choices--what they want, what they need, and what works best for them.
Thank you, Mr. President. I yield the floor. I suggest the absence of
a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The ACTING PRESIDENT pro tempore. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the quorum
call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Ms. MIKULSKI. What is now the pending business on the floor?
The ACTING PRESIDENT pro tempore. The motion to proceed to S. 2199.
Ms. MIKULSKI. I believe the number of that bill refers to the
paycheck fairness bill; is that correct?
The ACTING PRESIDENT pro tempore. The Senator is correct.
Ms. MIKULSKI. Mr. President, what a bloodless way to talk about such
an important public policy issue--to use the motion to proceed--and
very few people realize this. To simply get a bill on the Senate floor,
we have to vote on a motion to proceed on whether we are going to take
it up. And because this is now going to require a 60-vote majority,
because of the invocation of this fog of filibuster, we can't even get
to a majority vote on how to make sure women get equal pay for equal
work.
No wonder people are fed up with us. They wonder why, when all is
said and done, more gets said than gets done. I travel the State of
Maryland in the United States of America, and people want us to do our
job, to work on a bipartisan basis, hands across the aisle, work across
the dome, to solve national problems.
We heard this morning the talk about the economy. One way to help the
economy is for people to make more money. Do we know what is one of the
best ways to make more money? Pay women equal pay for equal work. Also,
enforce the law, the Equal Pay Act, that was passed in 1963. But we
haven't been able to do it for several reasons, and this is what the
paycheck fairness bill deals with.
Right now, there is a veil of secrecy in businesses all over
America--a veil of secrecy about the fact that an employee cannot ask a
fellow employee what they are making. An employee is not supposed to
talk about their salary. They can talk about anything, but they can't
talk about what the person next to them is making.
The second issue is if an employee in any way, particularly if that
employee is a woman, tries to speak up for their rights to get equal
pay for the same job--same pay, same job--an employee is often
retaliated against. Then, businesses come up with lots of loopholes,
which are bad. They use business explanations as bad excuses to avoid
paying equal pay for equal work.
We want to pass this legislation to end the retaliation, close the
loopholes, and lift the veil of secrecy. This, in many ways, will give
American women not a raise but what justice demands.
I am here this morning to keep up the momentum which we have been
able to maintain in this Senate. I am very proud of the fact that in
2009 we passed the Lilly Ledbetter Act which opened the courthouse
doors to women. Now, as we continue 5 years later, we are listening to
stories--terrible stories--about what has happened.
There was Kerri Sleeman--a mechanical engineer in Michigan--who was
told that men had to be paid more in her company because they were
breadwinners. She was a mechanical engineer doing the same job.
Latoya Weaver, a Marylander who wrote me, learned that the males at
the hotel where she worked were being paid $2 more an hour than she
was, which meant a total of several hundred dollars a year.
We want to end that discrimination--no retaliation, no loopholes, no
veil of secrecy.
This has been going on a long time. In 1964, President Lyndon
Johnson, as part of the great civil rights movement that was sweeping
our country, wanted to pass three civil rights bills: the Equal Pay
Act, the Civil Rights Act, and the Voting Rights Act.
He started with the Equal Pay Act because he thought it would be the
easiest to pass and the easiest to enforce. Fifty years later, we are
still fighting the battles on all three of those pieces of legislation,
and today we are talking about equal pay.
(Ms. HEITKAMP assumed the Chair.)
Right now women are an emerging force in the workplace. Way back in
the 1950s, only 11 percent of women were in the workplace, although
many had been there during World War II as Rosies and kept our economy
going.
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Now they are the breadwinners in 40 percent of households. Women make
up 40 percent of the households in which she is the head of the house
or the prime or the breadwinner, and it is time to make the labor
market reflect that--most of all the pay market.
When the Equal Pay Act was signed in 1963, guess what women made.
Five cents for every $1 men made. Everybody said: We have to fight
that. Fifty years later--now--women make 77 cents for every $1 men
make. Over a 50-year period we closed the gap by 18 cents. Now what do
you think about that? I think that is pretty unjust. I do not think it
is even American.
We like to say: If you work hard and play by the rules, America will
work for you. Well, women work hard. They play by the rules. Yet they
work but America does not work for them.
For women of color, it is even worse. If you are an African-American
woman, you earn 64 cents for every $1 a man earns. If you are an
Hispanic woman, you earn 54 cents for every $1 a man earns.
You like to hear: Oh, you've come a long way. But I do not think we
have come a long way with an 18-cent improvement in a 50-year period.
Who in this Chamber thinks that earning 1 cent more every 5 years
counts as ``coming a long way''? Maybe if we made 1 cent more every
year since 1964 we would not think it is so terrific.
My constituents do not go for this--either men or women. Women want
to stand up for their rights, and men want to stand up for the women
they love. There are men all over this country, right this minute, who
are in jobs they hate so their daughters could have the job they love,
working hard so they can help them go to school, get the education, get
the skills to be able to take care of themselves. This is why they have
spoken up for dads.
Every week, in every month, as families sit down to pay their bills,
husbands are looking at their wives and saying: Tell me about the pay.
It doesn't seem right. I heard that George is making--I heard that Tom
is making--but what about us? So men are outraged about this too. They
see it as a fundamental fairness issue. They see it as a fundamental
justice issue. And guess what. It is a family pocketbook issue.
We want change, and we want change today by voting for this bill.
This way we will change the Federal lawbooks so we can help change the
family checkbooks. This bill, as I said, will close the loopholes in
the law which allow pay discrimination to continue to occur.
I will repeat, paycheck secrecy--making it harder to uncover pay
differences--is hard to fight when you are prohibited from even talking
about it. Businesses are under a gag rule. Then there is the
retaliation. And then there are the loopholes.
The Paycheck Fairness Act is quite simple. They say: Well, didn't you
deal with this with Lilly Ledbetter? Well, Lilly Ledbetter dealt with
the statute of limitations. This bill is dealing with other issues. No
longer can workers be retaliated against for sharing wages.
For years, Lilly--and she tells her own story, but it is the story of
many--was harassed and humiliated for asking questions about coworkers'
salaries. She found out that the guys were making more because of an
anonymous note that was sent to her. Somewhere in the vast corporation
of Goodyear, for whom she worked, a contractor--a Federal contractor,
by the way--there was somebody, probably a wonderful man who worked
with her, who wanted to help her out and told her.
But then she went on to try to do something. Well, guess what. She
faced retaliation. First she faced verbal harassment. She faced threats
to her very safety. She faced sexual intimidation. She really got it
thrown right back in her face, and every day it became a torture in the
workplace. But she pressed on.
That happens to women all over America. We cannot allow that. When
you stand up for your rights in America, you should not be harassed.
There is much said about the First Amendment. Yes. There is much said
about the Second Amendment--the right to carry a gun. Women would like
to be able to carry a law to be able to fight for themselves.
No longer will employers also be able to use just any reason to
justify paying a woman less. Oh, he is the breadwinner. Oh, they do a
harder job. Well, when you talk to Kerri, the mechanical engineer, they
were doing the same job. In fact, in some instances she was the actual
supervisor. For Latoya, working in the hotel, they were doing exactly
the same job, and the EEOC verified that. So this is why it is
important.
The other thing is, no longer will women be limited just to backpay.
They will be able to get punitive damages. Because in many businesses,
when they are caught, the current law catches up with them, they just
pay a fine and see it as a cost of doing business. Well, that is not
fine with us. We want to make sure if you feel you have suffered these
injustices, you will be able to seek redress through punitive damages.
And no longer will women be on their own.
The consequences of the pay gap are significant. Let's take a college
graduate--a woman who has had the benefit of an education. For women
between ages 25 and 29, the annual pay gap now is about $1,700 a year.
For women closer to retirement age, it is more like $14,000 a year.
Over a lifetime, for many women, it is $400,000.
This has enormous consequences. When you are paid less--when you are
paid less--it affects not only your paycheck that you take home, but it
will affect your retirement because Social Security is pegged to
earnings. So when you pay women less, they are going to get less in
retirement. This is not fair.
Now, I will tell you what I am tired of hearing--that somehow or
another we are too emotional when we talk. When we raise an issue, we
are too emotional. Well, I am emotional. I am so emotional about this.
I am telling you, if we do not pass this bill, I am so emotional I am
going to press on. It brings tears to my eyes to know how women, every
single day, are working so hard and are getting paid less. It makes me
emotional to hear that.
Then, when I hear all of these phony reasons--some are mean and some
are meaningless--I do get emotional; I get angry; I get outraged; I get
volcanic. And the way I want to channel my emotions is by doing
everything we can do to be able to pass this bill.
There are those who say: This is a lawyer's dream. It is not a
lawyer's dream; it is a family's dream. If they are afraid of lawsuits,
they ought to follow the law. The best way not to have a lawsuit is to
follow the law. So do not retaliate against a worker, because if you
do, you are going to have to pay up. If you have loopholes that are
mean or meaningless, yes, that employee might sue. But guess what. The
way to avoid the lawsuit is do not be mean, do not be cruel, do not be
unfair, do not be unjust. And if you think we are emotional, wait until
you see what happens if this bill fails. We are pretty emotional about
this.
Madam President, you and I have talked about this. Whether it is in
North Dakota or north Baltimore, we feel the same, that when you work
hard, play by the rules, do the same job, you want the same pay.
American women need a fair shot at equal pay for equal work--the same
pay for the same job. We need to pass this legislation today.
Let us adopt the motion to proceed so we can get actually on the bill
to discuss it, offer amendments. There are those, I know, who have
other ideas and suggestions. We look forward to that. And then, at the
end of the day and the end of the week, let's pass it.
I think today is a day of reckoning: Do you want equal pay for equal
work? And I want men and women all across America to be emotional about
it.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. MERKLEY. 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. GRASSLEY. Madam President, I would like to take a few minutes to
speak on the bill being considered today, the Paycheck Fairness Act.
The proponents of the Paycheck Fairness Act argue that many women
continue to earn significantly less pay than men for equal work. I am
afraid the effort to consider this bill is nothing more than election-
year politics aimed at scoring political points.
[[Page S2298]]
Equally unfortunate, the bill will do nothing to address our Nation's
anemic economic growth. It will not create a single job for the more
than 10 million unemployed Americans. This bill does nothing for the
millions of Americans who have become so discouraged with this economy
that they have completely given up on looking for work. This political
show-vote will not help the millions of women who have lost their jobs
or who are now living in poverty as a result of the Obama economy.
Let me be clear: I strongly support equal pay for equal work. I
support equal employment opportunities. I abhor discrimination of any
kind. Discrimination in the workplace is unacceptable, and must not be
tolerated. Workers have been protected against sex-based pay
discrimination since the passage of the Equal Pay Act in 1963. Title
VII of the Civil Rights Act of 1964 provides additional protections and
remedies for discrimination.
Many have concerns that the Paycheck Fairness Act would undermine a
business's defense even when the pay disparity is legitimate. The bill
would allow unlimited punitive and compensatory damages, while also
automatically including employees in a class-action lawsuit unless they
specifically choose to opt out. This bill would be a boon to trial
lawyers at the expense of job creators and job seekers.
A Washington Post Editorial from September 28, 2010, stated, `` the
proposal, which builds on the existing Equal Pay Act, would allow
employees and courts to intrude too far into core business decisions.''
It further stated, ``Discrimination is abhorrent, but the Paycheck
Fairness Act is not the right fix.''
Rather than consider a politically motivated measure, we should be
working together to create good-paying jobs and grow the economy.
Instead, the Democratic leadership has chosen to disregard the welfare
of struggling Americans and pursue messaging bills. If the majority in
the Senate truly cared about helping the middle class, they would allow
consideration of Republican amendments that would actually help
workers, help the unemployed find work, and grow the economy.
But just like consideration of the unemployment insurance extension
bill, the Senate majority has no interest in considering amendments
that would actually grow the economy and create jobs. During
consideration of that bill, Republicans offered a job-creating
amendment that would have repealed provisions of ObamaCare that are
proven job killers. It would have spurred job creation through energy
development, including authorizing the construction of the Keystone XL
Pipeline. It would have provided small businesses, who are responsible
for creating 70 percent of jobs in our economy, with permanent tax
relief aimed at incentivizing new investments. A version of this
amendment has been filed to this bill. Unfortunately, the majority
leader is again blocking consideration of any amendments.
While the majority leader pushes ahead with his political agenda,
Republicans continue to propose measures that will create jobs and grow
the economy. Senator McConnell and Senator Ayotte have put forward an
amendment to allow voluntary flexible workplace arrangements such as
compensatory time and flexible credit hour agreements for hourly
workers. This amendment would provide much needed flexibility for
working moms, but was immediately blocked by the majority leader. Why
would the majority leader block consideration of such a reasonable
proposal?
Senator Alexander has also proposed an amendment that seeks to
provide working parents more flexibility in the workplace. Senator
Rubio has proposed an amendment to allow employees to seek fair wage
increases and remove obstacles for employees to earn merit-based pay
raises. In addition, Senators Fischer, Collins and Ayotte have filed an
amendment to reaffirm existing laws prohibiting pay discrimination and
would prohibit retaliation against employees who inquire about, discuss
or disclose their salaries.
Sadly, none of these reasonable, thoughtful amendments to address job
creation and workplace flexibility will be considered because the
majority leader has already signaled that this debate is not about
legislating. It's about political messaging. For these reasons, I must
vote against the procedural motion to proceed.
Mr. LEVIN. Madam President, today we will decide whether to begin
debate on the Paycheck Fairness Act. I am an original cosponsor of this
bill, I strongly support it and the ideals that motivate it, and I hope
that someday we can pass this legislation. But today's vote is not on
final passage. It is not even a vote on whether to end debate on this
measure. It is a vote on whether to begin the debate. Those who vote
against cloture on this motion to proceed are not just saying they
oppose equal pay for women; they are saying they do not even want to
discuss it.
But a refusal to debate this measure will not make this issue go
away. The fact remains that in our country today, women make 77 cents
for every dollar men earn. Some of our Republican colleagues suggest
there's nothing we can do about it.
As a Democrat I believe that our prosperity rests on a principle--the
idea that if you work hard and play by the rules, you should have a
fair shot to provide for your family, your future and your children's
future. The promise of that better future is part of what gets us up
every morning, gets us on the bus or in the car, and gets us to the
office or the shop or the factory floor. It is the promise that our
work will be rewarded.
The obvious and persistent pay gap between men and women does
violence to that promise. Under current conditions, the message we send
to women is this: ``Work hard, play by the rules, and you'll get three
quarters for every dollar's worth of work you do.'' Democrats believe
that is unfair--unfair to the women it shortchanges and to the families
they support. And we believe that even those of us who are not working
women lose something when we do not live up to the principles of
fairness and opportunity that give all of us hope for that better
future.
And we Democrats want to do something about it. When you think about
it, what we want to do should not be that controversial. Here is all
this bill does: It requires employers to ensure that when men and women
are paid differently, that the difference is related to factors such as
education, training and experience, and not merely based on gender; and
it strengthens protections against retaliation by employers for women
who file discrimination complaints.
Surely we can all agree that pay differences should be limited to
factors that truly reflect qualification and performance, and not
determined by gender. Surely we can all agree that when an employee
believes she or he is being treated unfairly, or that their employer
has violated the law, they have the right to seek redress without fear
of retribution.
Those who care about the 60 percent of American households that
depend partly or entirely on a woman's income should support this bill.
Those who care about the 6.9 million women trying to raise a family on
what is now three-quarters of what they have worked for should support
this bill. Those who care about making this a society that lives up to
our professed goals of equal opportunity should support this bill.
Mr. LEAHY. Madam President, 5 years ago, the Lilly Ledbetter Fair Pay
Act was signed into law by President Obama. That bill--necessary
because of a divided decision by the Supreme Court to strike a blow to
the rights of working families in Vermont and across the country--was a
first step in closing the still-existing gender wage gap. Today, one
day after commemorating Equal Pay Day, Senators will once again have
the opportunity to stand with working families and support equal pay
for equal work, regardless of gender.
I am proud to cosponsor the Paycheck Fairness Act, which Senator
Mikulski--a trailblazer herself--has once again introduced to close
loopholes that allow employers to unfairly discriminate workers based
on gender. Thanks to the hard work and perseverance of earlier
generations, working women today have career and business opportunities
never before available. Yet, despite the gains we have made, there
remains a troubling constant--women continue to earn less than men.
According to the Census Bureau, women still only earn 77 cents for
[[Page S2299]]
every dollar a man earns. This disparity has real-world, financial
consequences: on average, women are paid more than $11,000 per year
less than men. And of American households with children under the age
of 18, 40 percent list women as their sole or primary earners. The wage
gap based on gender is hurting low- and middle-income families who, in
today's economy, still wrestle with putting food on the table, heating
their homes, paying the mortgage, and saving for college.
Vermont has been a national leader in addressing equal pay for equal
work. In 2002, Vermont adopted its own Equal Pay Act, making it illegal
for employers to offer anything less than equal pay for equal work.
Still, in Vermont, where 22,000 households are headed by women, the
yearly gender pay gap is nearly $6,000. More needs to be done, and we
can do better.
Our national march toward equality continues. The Paycheck Fairness
Act builds on efforts that date back more than 50 years to ensure a
balanced and equal playing field in the workplace for both men and
women. The Paycheck Fairness Act will require employers to show a
difference in pay is truly linked to job performance and not to gender.
It will protect employees from being retaliated against by their
employers for discussing salaries with colleagues, and remove obstacles
to challenging pay discrimination in a court of law. It will provide
employers with assistance to create equal pay practices and recognize
those who already adhere to such practices. These are commonsense
provisions we can all support.
The Paycheck Fairness Act has twice before been filibustered in the
Senate. Meanwhile, hard-working families across the country, anchored
by the incomes of hard-working women, continue to struggle. Equal pay
for equal work is a matter of simple fairness, and the Paycheck
Fairness Act is an important step towards just that. I urge all
Senators to support this bill.
Cloture Motion
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the motion to
proceed to Calendar No. 345, S. 2199, 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.
Harry Reid, Barbara A. Mikulski, Patty Murray, Richard J.
Durbin, Kirsten E. Gillibrand, Brian Schatz, Heidi
Heitkamp, Martin Heinrich, Tammy Baldwin, Barbara
Boxer, Debbie Stabenow, Mazie K. Hirono, Kay R. Hagan,
Mary Landrieu, Claire McCaskill, Jeanne Shaheen, Dianne
Feinstein, Amy Klobuchar.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
motion to proceed to S. 2199, 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, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Oklahoma (Mr. Coburn), the Senator from Texas (Mr. Cornyn), and
the Senator from Texas (Mr. Cruz).
Further, if present and voting, the Senator from Texas (Mr. Cornyn)
would have voted ``nay.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 53, nays 44, as follows:
[Rollcall Vote No. 103 Leg.]
YEAS--53
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Pryor
Reed
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--44
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Cochran
Collins
Corker
Crapo
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
King
Kirk
Lee
McCain
McConnell
Moran
Murkowski
Paul
Portman
Reid
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NOT VOTING--3
Coburn
Cornyn
Cruz
The PRESIDING OFFICER. On this vote the yeas are 53, the nays are 44.
Three-fifths of the Senators duly chosen and sworn not having voted in
the affirmative, the motion is rejected.
The majority leader.
Mr. REID. I enter a motion to reconsider the vote by which cloture
was not invoked.
The PRESIDING OFFICER. The motion is entered.
Unanimous Consent Agreement--Executive Calendar
Mr. REID. Madam President, I now ask unanimous consent that at 2:30
p.m. this afternoon the Senate proceed to the Felton nomination under
the previous order; further, that following the disposition of the
Felton nomination, the Senate proceed to the McSweeny nomination, also
under the previous order; further, that following the disposition of
the McSweeny nomination, the Senate proceed to executive session to
consider Calendar Nos. 506, 619, and 522; that there be 2 minutes of
debate equally divided and controlled between the two leaders or their
designees prior to each vote; that upon the use or yielding back of
that time, the Senate proceed to vote without intervening action or
debate on the nominations in the order I have listed; that any rollcall
votes, following the first in the series, be 10 minutes in length; that
the motions to reconsider be considered made and laid upon the table
with no intervening action or debate; that no further motions be in
order to the nominations; that any statements related to these
nominations be printed in the Record; that President Obama be
immediately notified of the Senate's action and the Senate then resume
legislative session.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Madam President, for the information of all Senators, under
the agreement we just had approved, there will be as many as five
rollcall votes starting at 3:30 p.m. this afternoon.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Madam President, we just lost the vote today on a
cloture vote to proceed to the Paycheck Fairness Act, but I want
everyone to know--everyone in the Senate and everyone in the United
States of America--although we lost the vote, we refuse to lose the
battle. We are going to continue the fight. We are going to continue
the fight to get equal pay for equal work, to lift the veil of secrecy
on pay in the workplace, to end the retaliation if you fight for your
rights, and to close loopholes that are mean or meaningless.
We have been here before. I remember when we had the first vote on
the Lilly Ledbetter bill. We lost that vote, but we pressed on. Women
all over America expressed their frustration and their outrage. In 2009
we were able to right that wrong and pass the Lilly Ledbetter bill and
open the courthouse doors.
So here we are again. We are ready to continue that fight. We are
ready to turn our biggest noes into our biggest yeses. We will continue
the war against the wage gap and wage discrimination against women.
Women of America, I say to you, join us in this fight. Make your
voices heard if you want to change the Federal lawbooks so we can make
a change in your family checkbook.
We are going to finish what we started with Lilly Ledbetter and bring
the Paycheck Fairness Act back to the
[[Page S2300]]
floor. When Senator Reid voted no, it was so that he could bring up
another vote on the motion to proceed. But this is not about
parliamentary procedure; this is about how we will press the fight.
When we lost Lilly Ledbetter, I came to the floor then, and I come to
the floor now, to say that when we continue this fight, I will remind
my colleagues about what Abigail Adams once said to her husband: As you
are making those laws down there, she said, ``do not forget the ladies.
For we will foment a revolution of our own.''
So women of America--and the good men who support us--keep the
revolution going. I said then, as I say now, let's suit up, let's
square our shoulders. For the women, put on your lipstick and let's
fight on. We will be back another day for another vote.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. MURPHY. Madam President, I applaud my colleague Senator Mikulski
for her great work, in spite of the result today.
Congratulating the UConn Huskies
I am here on the floor, however, to congratulate my UConn Huskies for
a double national championship. It has only been done once before in
the history of college basketball--the men winning a national
championship and the women winning a national championship in the same
year--and the last time it was us too, in 2004 and now in 2014. So,
very briefly, I wish to add my congratulations to those offered by
Senator Blumenthal.
Our new coach, Kevin Ollie, when he took the job, went on TV and said
that despite some of the tough times surrounding the UConn program, his
intent was for UConn basketball to take the stairs and not the
elevator.
He said elevators were for cowards, and they were going to walk one
step at a time towards a national championship.
Given the fact our long-time Hall of Fame coach had just left, we had
sanctions which didn't allow our team to play for a year in the
postseason. People thought it just wasn't possible that UConn was ever
going to be able to return to the greatness we have seen over the last
20 years. But in Coach Ollie's first tournament, he brought his team to
a victory led, of course, by our great point guard Shabazz Napier--
another Connecticut first and second. There are only two players who
were national champions in the men's tournament who scored 125 points,
had 25 assists and 25 rebounds. Shabazz Napier is the second because
Kemba Walker was the first in UConn's last national championship.
The women, of course, are even more impressive in what they have done
because they managed to win their national championship this year by
going undefeated and beating another undefeated team in the national
championship game. Of course, that has become kind of old hat for the
UConn women. This is the third time they have gone undefeated in the
past 6 years, and it is their fourth title in 6 years--Geno Auriemma's
ninth title overall, now eclipsing the great Pat Summitt.
Watching the game last night, we saw Coach Auriemma in an uncommon
display of emotion at the end of the game. He is a very emotional guy,
but he very rarely breaks down in tears--which he did, talking about a
couple of his seniors, Stefanie Dolson and also Bria Hartley. He has a
love for those players.
We saw Kevin Ollie's love for his players, especially the guys who
stuck it out who could have transferred to other programs but decided
to stay with him and stay with the program.
What Geno said after the game is he is flattered: ``I'm flattered and
grateful, and all the things that have come with this kind of
accomplishment . . .'' But he also said: ``I'm more proud of the legacy
that exists and what Connecticut basketball is as opposed to the number
of championships.
When we watch these championship games that now add up for both the
men and the women, we see throughout the stands former players by the
dozens--maybe even by the hundreds--who come back because of the legacy
that has been created in 20 years of nine national championships for
the women and four national championships for the men.
Even though, as Kevin Ollie said, UConn got there the hard way. We
don't have the 100-year legacy of basketball such as Kansas or Kentucky
has. We have built this over the past couple of decades. Just as Kevin
Ollie has done over the last 2 years, UConn over the course of the last
the 2 decades, in registering 13 national championships, has always
taken the stairs rather than the elevator.
Congratulations, as a diehard Husky fan, to our twin national
championship teams.
I yield the floor.
The PRESIDING OFFICER. The Senator from Indiana.
Congratulating UConn
Mr. COATS. Madam President, this is not easy for me to do, but I am
going to do it in good grace here. I congratulate my colleague from
Connecticut on The University of Connecticut's victory over the
University of Notre Dame last night.
He watched in joy and exuberance, and I watched in dismay. But I do
want to congratulate the Senator and those from Connecticut for the
singular achievement of having both men's and women's basketball
championships.
Those of us in Indiana are deeply immersed in the basketball culture.
Statewide, we didn't have the best year or the kind of year we would
have liked. But we were very proud of the University of Notre Dame
women and the accomplishments they made--in an undefeated season until
last evening.
It probably is not politic for me to say this, but it is unfortunate
that our all-American center, who was one of the keys to the success of
the team, unfortunately had a knee injury which prevented her from
playing. I am not saying we would have won had she played because I
don't want to take anything away from the Huskies. On the other hand, I
think it could have been a more contested contest had she been able to
be a part of that.
Either way, both teams deserve congratulations for the phenomenal
seasons they had. It was a joy to watch from Indiana our Notre Dame
women do so well, just as it was a joy for Senator Murphy to watch his
men and women do so well. So I congratulate him for that.
Russian Aggression
Madam President, I rise to advocate for something obviously far more
serious and threatening to us than basketball contests, and that is our
response to Russia's recent unlawful takeover of Crimea. I urge, and
continue to urge, the President as well as our colleagues in the Senate
to take more vigorous action to deter further Russian aggression.
As I speak, anxieties are building that Vladimir Putin's first big
bite out of Ukraine has not satisfied him and he hungers for more. Many
signs indicate Russian aggression threatens further incursions into
Eastern Ukraine and possibly beyond.
Troops are positioned on the border, logistics for an invasion are
arranged, and the Russian propaganda machine is once again ginning up
the excuses needed to justify unjustifiable actions. The only thing I
can conclude is that the lack of an effective, forceful response by the
United States and by our allies--particularly our European allies--has
given President Putin reason to expect that further aggression will not
be punished. Despite all the rhetoric, despite all the tough talk, very
little has been done, and--with what little has been done--there has
been no effect to deter and to condemn what has taken place and deter
further aggression.
From the beginning of this blatant act, I have waited for the
administration to impose real costs on Russia for its illegal
territorial aggression. So far, I have waited in vain.
For the past month, in two separate resolutions which I have offered
on the floor, several speeches, and numerous opinion columns I have
written in the media, I have consistently attempted to make the case
for hard-hitting sanctions on Russia. I joined Senator Durbin, my
colleague from Illinois, to achieve a unanimous bipartisan passage of
an initial list of sanctions which would signal to Putin that the
Senate was unified in condemning and sanctioning Russia for its blatant
takeover of Crimea.
I stated at the time that this was an initial list and much tougher
sanctions needed to come. But I wanted to give
[[Page S2301]]
the administration time to fashion those, to work with our allies
across the ocean and to stand strong for the type of hard-hitting,
hard-biting economic sanctions which would make Russia pay a real
price, as we had said we were going to do.
The administration has to take the lead on economic sanctions because
to implement the steps needed to ensure maximum effectiveness we need
to coordinate with our friends and our allies. But I have seen little
evidence that the administration is leading our European friends in the
direction of such sanctions. I have not seen evidence that our European
allies are willing to take the lead. I am therefore wondering if anyone
is willing to take a lead in this effort.
More needs to be done--and more needs to be done now. With Russian
troops mounting their vehicles on the Ukrainian border, the United
States should be using every means available to press for firm
measures, and our European allies should be joining us in this cause.
Those measures should include imposing serious costs so such behavior
will not be repeated.
Further, we should defend our allies and reassure them that we have
their backs. We need to isolate Russia and prevent it from
participating in organizations that give Putin credibility and
strength. We should impose obstacles to prevent Russia from taking
material advantage of their conquest, and we should convince other
nations, businesses, and individuals to follow our lead.
I think recent history shows that in conflict issues around the
world, if the United States does not take a firm and a strong lead,
other nations simply do not feel they have the strength or the backing
to take that lead. So it is imperative the United States takes that
lead, steered by our President, and supported by a bipartisan Congress
to send a unified message that we are willing to address egregious
breaches of international law and lead the way in doing so.
The first task, as I see it, is to make sure we and others do not
accept this aggression and annexation--what some others are already
calling a fait accompli. Since the United States' refusal to recognize
Soviet annexation of the three Baltic states 74 years ago, we have
firmly and consistently refused to recognize such annexations. We must
do the same in this case.
Unfortunately, words and actions from this administration and from
many of our European allies continue to focus on threatening
consequences for future Russian incursions, rather than on the illegal
annexation that has already taken place. It is exactly this reluctance
to impose costs for the annexation of a portion of the Ukraine that
paves the way for further Russian aggression.
I sadly note that some of our best European friends are downplaying
the importance of the invasion and annexation which have already taken
place.
Just as Chancellor Merkel from Germany was showing signs of a more
forceful German foreign policy in defense of European territorial
integrity, it now appears Germany is showing more interest in dialogue
and restraint, backing down from the tough talk about making Russia pay
a price for the actions it has taken. I am convinced there is very
little reason to believe that further aggression will be adequately
discouraged or punished.
In this policy vacuum, if we don't find leadership from our
administration or from the Europeans, I believe it is imperative that
Congress act--and act now. So today, I am introducing yet another
response in addition to those I have previously introduced addressing
this situation in Ukraine.
I will be introducing to the Senate the Crimea Annexation Non-
Recognition Act--legislation which would mandate an official policy of
not recognizing Russian sovereignty over Crimea, its land, airspace,
waters, and resources.
The purpose of this act is to ensure the United States will not
recognize Russian sovereignty over Crimea nor take any action which
would imply such recognition. Further, my bill imposes obstacles to
Russian exploitation of Crimean resources by taking greater legal
certainty about investing in Crimea, and it restricts foreign aid to
countries which recognize Russian sovereignty over Crimea.
I will illustrate some of the specific proposals I have introduced.
First, establish firm policy that the United States Government does
not recognize Russian sovereignty over Crimea, its territory, airspace,
and territorial waters, and may take no action that implies any
recognition of Russian sovereignty.
Second, prohibit the United States from financing or guaranteeing
investments in Crimea with Russia as an intermediary.
Third, oppose international financial institutions' assistance
programs for Crimea that go through Russia as an intermediary.
Fourth, require the Department of Justice to affirm this
nonrecognition policy upon request, in order to create greater legal
uncertainty for those who hope to contract with Russia for exploitation
of Crimean resources.
Fifth, deny entry to vessels sailing from Crimea with Russian customs
documentation.
Sixth, prohibit U.S. ships and aircraft from taking action that imply
Russian sovereignty over Crimea, its airspace or territorial waters.
And, seventh, prohibit some forms of foreign assistance to countries
that recognize Russian sovereignty over Crimea.
There are very few precedents in postwar history where a state has so
boldly and aggressively used force against a neighbor for the purpose
of territorial acquisition. What has happened in Crimea is a crime left
over from an earlier age. We, together with our European friends, must
move aggressively to oppose it before it becomes repetitive.
At a time when so much depends on Vladmir Putin's unspoken plans, it
is not hard to guess how he will respond to meekness. The American
response must be much greater if we want Putin to understand that his
actions in Ukraine are unacceptable and will not be tolerated. At a
minimum, I would suggest, Congress must refuse to recognize Russian
sovereignty over Crimea by passing my legislation. I have proposed a
number of sanctions which were added to other measures I have
introduced and hopefully will convince this administration and our
European allies to take a much tougher stance and provide much more of
a penalty to Russia over the actions it has taken. I urge my colleagues
to join me in this effort.
Madam President, I yield the floor and suggest the absence of a
quorum.
The PRESIDING OFFICER (Ms. Baldwin). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BLUNT. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Health Care Reform
Mr. BLUNT. Madam President, I wish to speak a little bit about the
letters I have received and the emails and the calls over the last few
days about the health care plan.
The numbers signed up or whether the Web site worked--and I have said
repeatedly--aren't the test here. The test is, is this a better plan?
Does it allow more people to have better coverage or does it allow more
people to have lesser coverage? I am becoming more and more convinced
that the latter might be the case: the high deductibles, the increase
in premiums, the benefit of a couple of years, actually, where the
trajectory of health care costs were still going up but were beginning
to flatten out, and now they are projected to go up pretty dramatically
over the next few years based on the recent projections.
So the real test is, is this plan a better plan, not does the Web
site work. The fact that the Web site doesn't work sort of shows the
ineptitude of government. The easiest thing in the world to do today--
or should have been in 4 years--would be to figure out how to develop a
Web site. So I would say the Web site shouldn't be the test of whether
the health care plan works because the Web site will work. Apparently a
number of States are having a problem, the Federal Government had a
very obvious problem, but the Web site will eventually work. Surely
that can't be a long-term problem. Given no other alternatives, people
are going to eventually sign up in some numbers.
I am not interested even in finding out whether the numbers are real.
I did
[[Page S2302]]
notice that the President, as with most of the people I work for, in
his announcing the numbers the other day, referred to the plan as
ObamaCare again. I noticed he quit doing that since the election. He
said he kind of liked ``ObamaCare''--in one of the Presidential debates
in 2012 he said he liked the term--and then he pretty well quit using
it. But with the signup numbers, he said some people call it ObamaCare,
in his announcement the other day. So I guess if he can call it that,
the people I work for can call it that as well.
So we have premiums rising, deductibles going up, and hospitals
seeing, in many cases, their fastest growing column of unpaid debt is
people with insurance. Not too long ago, we said: That doesn't make any
sense. How did people with insurance wind up in the fastest growing
column of unpaid debt? It is because people's deductibles are, for many
families now, well beyond a deductible they can pay. If a person had a
$500 deductible a few years ago and they have a $3,000 deductible
today--if they had a hospital bill, they might be able to put $500
together and think that gets this bill paid. Nobody is going to call me
anymore. I am not going to get this repeated notice. But if a person
has a $3,000 deductible, they might decide: I can never pay that, so I
am going to let them do whatever they are going to have to do, and
hopefully my insurance company pays enough of the bill that the
hospital decides they are not going to bother me. But that is the
fastest growing debt in many hospital accounting offices right now--
people who have insurance, who aren't paying their part of the bill.
But whether it is increases in premiums or increases in deductibles
or they can't see their doctor, the people I work for in Missouri tell
me every week a series of stories that I absolutely believe are true. I
basically verify with people before I come to the floor, before pulling
a few of these stories out: Do you mind, Timothy from Kirksville, if I
mention that you have contacted us? I am not going to give your last
name or put that on the record, but I would like to show that there is
some dispersing around our State of this problem. They say, yes, this
is absolutely true, and I told you because I want people to know about
this.
Timothy from Kirksville, MO, said his premiums went up drastically in
2013. If premiums continue to rise, he says his family will have to
make sacrifices elsewhere in their budget.
Kim from Frankford, MO, said she and her husband's deductible
recently increased dramatically to $6,000. So far, she says, it feels
like we don't have insurance because we have such a high deductible. We
couldn't pay it if we ever had to use it, so do you really have
insurance? Kim's parents recently tried to find a plan on the exchange
and were shocked to learn that the cheapest plan they could find
offered premiums of $1,200 a month with a $12,000 deductible. Yearly
premiums were equal to 20 percent of their income.
Mike from Columbia, MO, said his health insurance premiums shot up by
$1,000 this year--and $1,000 matters to families. Based on the letters
I get, there would be some temptation to contact Mike and say, if you
want to look at a whole stack of letters here, $1,000 is not the worst
story people have to tell, but for a working family it is almost $100 a
month. It is whatever you were going to do with that $100 a month that
you are not able to do because your insurance just went up $100 a
month. Mike doesn't say anything about his deductible or what his
premiums are, but he just says it is $1,000 more than it was last year.
Lisa from Jefferson City, MO, the State capital, said she and her
husband own a small business, and even though they don't have to
provide health insurance for their employees, they have done so and
they have chosen to pay 100 percent of the cost up until now.
Actually, until January of this year, no employer had to provide
insurance for their employees but most employers did. Eighty-five
percent of everybody who had insurance got insurance at work. Ninety
percent of them thought what they had at work was great for what they
needed to have for themselves and their family. We had a system that
was working pretty good, where almost everybody had it. Instead of
figuring out how to expand that system so other people could get in, I
am afraid we have made it more difficult for everybody involved.
Lisa, the business owner, says her premiums went up 35 percent last
year, and they have been told already that they will go up even higher
next year. She says if the premiums continue to increase, they will
soon not be able to cover their employees.
Carol from Cameron, MO, said her coverage has gone down and her out-
of-pocket costs have increased significantly. Her deductible is now
$3,500 and she has to pay $65 every time she goes to see a doctor. She
worries she will never be able to use the coverage she is paying for
because the out-of-pocket costs are too high, and if she ever actually
got sick or had to go to the hospital or had a significant condition,
she is worried she can't pay the deductible, even though she is paying
every month to have this coverage and feels as though the coverage is
not truly insurance for her at all.
Merl and his wife in Cape Girardeau, MO, are in their late sixties.
They have Medicare and a supplemental policy, but their copays have
increased. One of their primary doctors has stopped taking Medicare. He
and his wife are concerned they can't see the doctor they would like to
see, that their copays have increased, and their doctor left the
program.
By the way, the administration, I guess the day before yesterday,
announced we weren't going to have the reductions in Medicare Advantage
next year as we had this year. We will still have this year's increase,
but we will not have next year's increase. Whoever thought that paying
for a new health care program out of Medicare was a good idea anyway?
So $500 billion out of Medicare, which has bigger and bigger problems
all the time as more and more people enter Medicare--$500 billion out
of Medicare to pay for yet another new system. Apparently, even the
administration, at least between now and the election, doesn't think
that is a good idea because they just suspended one of the pay-fors.
They said: We did that once, and that was kind of painful because
people could see what was going to happen to their Medicare Advantage,
so we don't want to do that between now and election day--although I
think in fairness they didn't mention election day in the rule, they
just mentioned it wasn't going to happen in this even-numbered year.
Mike from Kansas City, MO, says his premiums went from $600 a month
to $700 for him and his wife. The deductible went from $5,000 to
$7,500--he says all because of the new requirements and what has to be
covered.
Mark from Columbia, MO, says the doctor he has had for 18 years
joined a network of concierge doctors because he is afraid of the
President's health care plan limiting his ability to provide quality
care to his patients. Unfortunately, now that his doctor is part of a
private network, Mark is no longer able to afford him--or to afford to
see him, and the doctor does not accept the insurance Mark is covered
by.
All kinds of unintended consequences appear to be happening when the
government decides not only can it begin to involve itself in 17
percent of the economy of the country but in virtually everybody's
health care decisionmaking process. This would be a big job for a very
efficient government in a very small country. In a federalist system
where we have 50 States and territories to deal with, in a big country,
this is very hard to do. It is unfortunate that all of the warnings
about the unintended consequences about people in the workplace will
begin to have part-time jobs instead of full-time jobs or people who
had less than 50 employees wouldn't want to go to 51 because they would
then be covered by a law they were not initially covered by--all of
those warnings have turned out to be at least as bad as those people
saying this could happen were saying they could be.
John in Overly, MO, went to healthcare.Gov to find a plan. The
cheapest quote he could find for his family of four was $750 a month,
and in John's case that is almost 30 percent of his income. He has
looked at the numbers and has decided it would be more affordable to go
uninsured. He said:
I am self-employed, married, and have two children, and
though I am self-employed, I never had any trouble affording
health insurance for me and my family [until now].
[[Page S2303]]
Richard is from Stoutsville, MO. His wife's premium last year was
$359 a month, with a $5,000 deductible. This year it is $800 a month,
and since they are on a fixed income, they have just decided they can
no longer afford to pay for her individual insurance because they had
to buy it as individuals.
I would just say that we need to look at these cases. Surely somebody
out there has benefited from the system. There are people who were able
to stay on their family policies longer. A piece of legislation I wrote
when I was a Member of the House--it was 3\1/4\ pages long--apparently
it would have added about as many people as any other single thing did,
and it would have added those people whether you had the rest of this
health care bill or not, at no cost to any taxpayer anywhere and no
disruption of anybody else's insurance coverage.
Those are the kinds of things we should have looked at. But we need
to look at what it takes now to be sure we have a system that is not
measured by whether the Web site works and not measured by an argument
about whether people who signed up paid but is measured by whether this
really does provide better health care.
Health care is critical to families. Somebody told me one time: When
everybody in your family is well, you have lots of problems; when
somebody in your family is sick, you have one problem. That is how
important health care is. We need to be sure this is a system that does
not meet some numerical or technical ``check the box'' but really does
provide access to what was the greatest health care system in the
world.
There are ways to encourage more access to that system and more
choices, not fewer choices and less access and more people who feel as
though they are paying a premium every month but if they ever really
get sick, they really will not have insurance.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. MORAN. 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. MORAN. Madam President, I ask unanimous consent to address the
Senate as in the morning hour.
The PRESIDING OFFICER. Without objection, it is so ordered.
Alzheimer's Disease
Mr. MORAN. I thank the Chair.
Madam President, nearly every minute someone in America develops
Alzheimer's disease. More than 5 million Americans suffer from this
disease and more than 35 million individuals worldwide. If trends
continue, the number of individuals diagnosed with Alzheimer's disease
after the age of 65 is expected to double every 5 years, while the
number of people 85 years and older with this disease will triple by
2050.
Alzheimer's is the sixth leading cause of death in the United States,
and there is currently no cure, no diagnostic test, and no treatment
for this terrible disease.
As a nation, we must remain committed to defeating one of the
greatest health threats to the health and well-being of all Americans.
Caring for those with Alzheimer's and other dementia is expected to
cost $214 billion this year--$214 billion this year alone, with $150
billion covered by the Federal Government through Medicare and
Medicaid.
A recent study outlined that the cost of care for those struggling
with dementia is projected to double over the next 30 years, surpassing
health care expenses for both heart disease and cancer. Without a way
to prevent, cure, or effectively treat Alzheimer's, costs will only
continue to climb.
Alzheimer's has become a disease to define our generation. But if we
focus and prioritize our research capabilities, it need not remain an
inevitable part of aging. There is reason for newfound hope. Over the
last 5 years, significant strides have been made in understanding how
Alzheimer's disease affects the brain and body. This new understanding
has the potential to lead to new research opportunities and to better
management of the disease.
In February, the Senate Appropriations health subcommittee held a
hearing on the impact of Alzheimer's--both economic and personal--and
the state of these current research initiatives. I am the ranking
member of that subcommittee. Chairman Harkin and I held this hearing to
raise awareness of the threat to America's health, the impact on the
financial well-being of our country, and to highlight the
groundbreaking research initiatives currently taking place.
For example, until 2009, only one genetic variant was known to
increase the risk of late-onset Alzheimer's disease. However, through
advances in genome studies and other technologies, the list of known
gene risk factors has grown substantially. Now researchers have
identified 11 genetic risk factors.
The National Institutes of Health is supporting research that has
established methods and standards for testing for biomarkers for
Alzheimer's disease. Changes in these biomarkers may precede the onset
of the disease and could be a key to unlocking the causes and
progression of the disease.
NIH has also made significant progress over the last several years
and we continue to support them moving more aggressively toward
developing new treatments for Alzheimer's and related dementia. Several
innovative studies, ranging from research on the most basic
underpinnings of the disease to early-stage clinical trial of promising
agents, are now underway.
A sustained Federal commitment to research for Alzheimer's will
improve health outcomes for people living with the disease both today
and in the future, and it will also lower health care costs. I have
been and remain committed to prioritizing the funding for Alzheimer's
research.
Recently, I and other members of the Appropriations Committee worked
to include a $1 billion funding increase for the National Institutes of
Health in the 2014 Omnibus appropriations bill. This amount includes a
$100 million increase in funding for the National Institutes of Aging
within NIH, as well as the initial year of funding for the new BRAIN
initiative to map the human brain. These research investments are
critically important because they will increase our understanding of
the underlying causes of Alzheimer's, help unlock the mysteries of the
brain, help bring us closer to an effective treatment and one day a
cure.
Alzheimer's is a defining challenge of our generation. We must
together commit to defeat this devastating disease by supporting the
critical research carried out by scientists and researchers across our
Nation. The health and financial future of our Nation are at stake, and
the United States cannot afford to ignore such a threat. Together, we
can make a sustained commitment to Alzheimer's research that will
benefit our Nation and bring hope to future generation of Americans.
The challenge is ours and the moment for us to act is now.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. SANDERS. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Oligarchy
Mr. SANDERS. Madam President, I hear more and more from people in my
own State of Vermont and from people, in fact, all over the country via
email, through my Web site, who are wondering whether this great
country is evolving into an oligarchic society.
Historically, as I think most people know, the United States was the
envy of the world for so many reasons. But one of the reasons,
economically, is that in our country there was always the belief that
regardless of your income you have the opportunity to move up the
economic ladder. There was the reality--not just the belief--that we
had a great and expanding middle class; that if your dad and your mom
didn't go to college--which, in fact, was the case in my family--you
would have that opportunity to go to college and move up the
educational ladder or the business ladder or professional field. There
was the feeling that economically what America was about, and what we
celebrated, was the great middle class. People today, both from an
economic perspective and from a political perspective, are beginning in
a
[[Page S2304]]
very serious way to question that reality.
What they are looking at is that today in our country we have the
most unequal distribution of wealth and income of any major country on
Earth. I think a lot of young people say, well, how could that be? In
England you have the Queen of England, all the lords, all the royalty
all over Europe, and we don't have that in the United States.
Yet the truth is that over the years we have moved to a situation
where in terms of wealth and income, we are now the most unequal
society of any major industrialized nation on Earth.
I keep mentioning one statistic, because I don't hear too many other
people talking about it, but we need to talk about it. That is, in
terms of wealth. Wealth is what we own. Wealth is what we have
accumulated over a lifetime of work. In terms of wealth, the top 1
percent in our Nation owns 38 percent of the financial wealth of
America.
I would ask those people back home who might be listening, what does
the bottom 60 percent own? The top 1 percent owns 38 percent of the
wealth. What do you think the bottom 60 percent owns? They own 25
percent, 20 percent, 10 percent? What do they own? The answer is they
own all of 2.3 percent--all of 2.3 percent is what the bottom 60
percent of Americans owns in terms of total wealth.
If you had a big pizza with 100 slices in it, 1 person would get 38
percent of those pieces of pizza if we looked at wealth, and the bottom
60 percent of the people would have to share 2.3 percent of the pizza.
I don't think that is what America is supposed to be about and that
situation is getting even worse.
In terms of income now--all right, everybody goes out and works--we
have millions of people today who are working longer hours and their
income is going down. Their wages are going down. Maybe they are paying
more for health care. Their pensions are going down.
But in terms of all new income--new income generated in this
country--from the last statistics we saw, which were from 2009 to 2012,
in terms of all new income, 95 percent of all new income went to the
top 1 percent. So more and more income goes to the millionaires and
billionaires while millions of people are working longer hours for
lower wages, and while we have the highest rate of childhood poverty,
at 22 percent, of any major country on Earth.
Since 1999, the typical middle-class family has seen its income go
down by more than $5,000. Do you want to know why people are angry, why
people are concerned, and why people are worried what is going to
happen to their kids? It is because the median family income has gone
down by $5,000 since 1999.
Let me break it down even further. The typical male worker, that guy
right in the middle, made $283 less last year than he did 44 years ago.
Imagine that. In the last 44 years, with all of the increase in
productivity, with all of the robotics, with all of the space
technology, all of the iPhones, iPads, and everything else where people
are now producing much more, the typical male worker made $283 less
last year than he did 44 years ago. The typical female worker earned
$1,775 less last year than she did in 2007.
Today in America we have more people living in poverty than ever
before, and that is 46.5 million people. Here is a fact that should
frighten everybody; that is, half of Americans have less than $10,000
in their savings account right now. Can you imagine that? That means if
your car breaks down and you need that car to get to work or you have a
serious health problem and you don't have particularly good health
insurance, there it goes. It goes.
Then you talk about people who are older who have to retire. How do
you retire with dignity if you have less than $10,000 in the bank?
Well, you are going to get Social Security. Thank God, you, I, and
other Members have fought hard to make sure there were not cuts in
Social Security that many people wanted. But is Social Security alone
enough? No. The answer is it is not.
What is happening in this country is that while the middle class
shrinks, there is another reality; that is, the people on top are doing
phenomenally well. Today we see a situation in which some of the
wealthiest families in America--the Koch brothers come to mind, and I
will talk about them in another context. They are now worth $80
billion. In the last year alone their wealth went from $68 billion to
$80 billion--in 1 year a $12 billion increase in their wealth.
Sheldon Adelson--another billionaire who has had his name in the
paper a whole lot recently by bringing prospective Republican
candidates for the Presidency to Las Vegas to talk to them and see what
they have to offer him and how much money he will contribute to their
campaign--also saw a huge increase in his wealth over the last year.
What is the face of oligarchy? The face of oligarchy is what we see
in Russia. When many people refer to oligarchy, they think of Russia.
In Russia, after the collapse of the Soviet Union, a small number of
bureaucrats were able to steal a lot of public property, and they
became multibillionaires. They controlled oil companies, banks, gold
mines, aluminum companies, television stations, and other state-owned
companies, and that is how they became oligarchs.
By 2001 5 oligarchs controlled 95 percent of Russia's aluminum
production, 40 percent of its copper, and on and on it goes. People may
say: Oligarchy has to do with Russia; what does it have to do with the
United States of America? Well, it has everything to do with the United
States of America because that is the direction in which we are moving.
Now, let me cite some examples of what oligarchs do. When we think of
oligarchies we might want to think of a gentleman named Hank McKinnel,
Jr., who was the CEO of Pfizer--a major drug company--from 2001 to
2006. When he retired, he received a $188 million golden parachute--
$188 million--at the same time as the people in our country are paying
the highest prices in the world for prescription drugs. That is
oligarchy.
When we think about oligarchy, we may want to think about a gentleman
named Lee Raymond who served as the CEO of ExxonMobil from 1993 to
2005. When he retired--and remember, this is at a time when the vast
majority of the American people did not have the resources to retire
with a shred of dignity--Mr. Raymond received from ExxonMobil a golden
parachute, retirement benefits, of more than $320 million--$320
million. That is at the same time as people in Vermont and all over
this country are finding it harder and harder to pay for gas at the
pump.
What oligarchy is also about is that in 2009 ExxonMobil, maybe the
most profitable corporation in the history of America, did not pay any
Federal income taxes, even though in that year it earned $19 billion in
profits.
When we talk about oligarchy we might want to think about somebody
like Jamie Dimon, who is the CEO of JPMorgan Chase. He recently
received a 74-percent increase in pay--more than $20 million in total
compensation. Interestingly enough, that is a pretty big salary--$20
million--but what did he do to earn it? During that same period, over
the last year, the bank he runs, JPMorgan Chase, paid out over $20
billion in penalties to the Federal Government for financial fraud. So
after paying out $20 billion to the Federal Government in penalties for
financial fraud, he still got a $20 million compensation package. That
is called oligarchy. No matter what you do, if you are at the head of a
large financial institution, you are going to get rewarded for that.
Oligarchy has a lot to do with a gentleman named William Mcguire, the
CEO of UnitedHealth Group from 1991 to 2006. Everybody knows of the
crisis we are facing in health care. Everybody knows that tens of
millions of Americans today, despite the Affordable Care Act, are still
uninsured. Everybody knows we spend more per capita on health care than
do the people of any other nation. Yet when this gentleman retired from
UnitedHealth Group in 2006, he received a $285 million golden
parachute. So here we have the most dysfunctional health care system in
the world, the most expensive health care system, with tens of millions
of people uninsured, yet the head of a major insurance company gets
$285 million in retirement benefits. That is called oligarchy.
[[Page S2305]]
Let me take oligarchy away from the economic realm and turn it into
an area that I am--and many Americans are--very concerned about.
Recently, we saw an interesting spectacle relating to politics that
took place in Las Vegas. A gentleman named Sheldon Adelson--who is
worth some $38 billion, and who is maybe the world's largest casino
magnate not only in Las Vegas but off the shores of China as well--held
a meeting in Las Vegas in which he brought forth Republican candidates
who are interested in running for President. Now, here is the point. In
the last Presidential election, both President Obama and Mitt Romney
spent a little over $1 billion in their campaigns. Sheldon Adelson, if
he provided more money into a campaign than both Obama and Romney
spent, would still have $9 billion more in wealth than he did in 2013.
What am I saying? What I am saying is that we are moving toward a
situation where people such as the Koch brothers and Sheldon Adelson
have so much money it would hardly matter to them to write a check for
more than both Obama and Romney spent in the last Presidential
election. They could write out a check for $2 billion, and it would be
insignificant, a fraction of their increase in wealth over a 1-year
period.
As bad as that situation is, because of the disastrous Citizens
United Supreme Court decision, we may not have seen the worst yet.
Judge Thomas, of the Supreme Court, the most conservative member of a
very conservative Supreme Court, wrote an opinion which said: Maybe we
should look at doing away with all limitations on campaign finance.
Many Republicans think that is a great idea. Let us do away with all
limitations.
In the real world, what does that mean? It means that billionaires--
people who are worth $20 billion and, in the case of the Koch brothers,
$80 billion--if we moved in that direction and ended all limitations on
campaign spending, could sit in a room--and the Presiding Officer comes
from the State of Wisconsin, a moderate-sized State--and they could
write a check for $50 million or $100 million for a candidate for
Senate or Congress or Governor of Wisconsin or of Vermont or anyplace
else, and it would not matter at all.
So I want people to take a deep breath and think about whether that
is what we believe American democracy is supposed to be. When I grew
up, we believed what American democracy was about--and we still
practice it to a large degree in the State of Vermont, where we have
town meetings. On the first Tuesday in March people come out, and they
argue about the school budget, and they argue about other budgetary
items, and every person has a say and every person has a vote. In my
career, I have done hundreds and hundreds of town meetings, where
people from any walk of life can walk in the door and can ask any
question they want. I think democracy is about elected officials
talking and communicating with people, regardless of their income, and
listening to their comments and answering their questions. That is what
democracy is about.
I do not believe democracy is about a handful of billionaires, such
as the Koch brothers or Sheldon Adelson, being in a position in which
they can spend as much money as they want on any political race in this
country. It is very hard for me to imagine how anybody could defend
that as being democracy. It is not. It is oligarchy. It is the power of
a handful of billionaires to control the political process.
So both in terms of economics, where so few own so much and so many
have so little, and in terms of politics, where a handful of
billionaires increasingly are able to determine the nature of politics
in America and who is elected and who is defeated, I think we as a
nation have a lot of hard thinking in front of us. We have to ask
ourselves: Are we going to fight for our democracy and an expanded
middle class? Are we going to fight for a democracy where one person
has one vote and billionaires cannot fight elections? To my mind, that
is the most important issue we face as a nation.
I hope the American people become engaged in that struggle and are
prepared to take on the billionaires, who, apparently, are not content
to have $10 billion or $20 billion in wealth. They feel the need to
have more and more and more and to take that money out of the hides of
working families, the elderly, the children, the sick, and the poor.
They want more tax breaks for billionaires, and then they want to cut
Social Security, Medicare, Medicaid, education, and every other program
that is of importance to working families.
So we need a very serious debate about these issues. We need millions
of Americans to stand and fight with us to defend American democracy
and to stop this country from evolving into an oligarchic form of
society.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Madam President, I come to the floor about an hour or
so after a vote on a motion to proceed to take up the Paycheck Fairness
Act. I struggled with my decision as to whether to move to this measure
that I feel was flawed in terms of its approach to a solution or to
recognize that perhaps this measure was more of an exercise in
political messaging rather than an effort to resolve what I believe is
an issue.
In sorting through all aspects of not only the merits of the
legislation, but also the facts as they exist back home, the facts as
they exist around this country, where we see pay disparity between men
and women, I had a lot on my mind. I had a lot to weigh. I did not come
to the floor yesterday to speak with the many who rose to either offer
proposed amendments to the Paycheck Fairness Act or those who rose to
speak to defend the act. I don't want my silence yesterday to be
construed that I don't think there is an issue here; that I don't think
this is something that needs to be addressed.
Yesterday was national Equal Pay Day, the day when, according to the
Department of Labor, women's wages supposedly catch up to men's wages.
We can argue and we can debate what that gap is--whether it is 77
cents, whether those statistics are outdated, whether it is closer to
82 cents or what the raw statistics are. We can debate that. But the
fact is--and I think the Presiding Officer and I would agree--if there
is any discrepancy there, it is worth looking at. Why does a
discrepancy exist? Is there disparity that stems from discrimination?
Because if it stems from discrimination, it should not be allowed--
pretty simply.
In Alaska, the statistics are a little bit different than what we
have on the national level. In my State, Equal Pay Day is not going to
occur until May 5.
As an Alaskan, as a woman, and as one who has been in the Alaska job
market, I want to know: Why the greater disparity in my State?
We had a women's summit in Anchorage, AK, last October. I worked with
a former colleague in the Alaska State legislature to host a summit
designed to look at many of the issues women face in Alaska, whether it
is pay disparity, childcare affordability, access to health care--so
many of the issues and concerns women all over the country deal with
day to day. We relied on a study from the state Legislative Research
Services. A portion of the research tried to drill down into some of
the pay disparities we have in the State.
In 2010 our State Department of Labor reported a wage gap of 67 cents
or 33 percent. This statistic is different from the overall national
averages because that review conducted by Legislative Research Services
included part-time as well as full-time workers and part-time workers
generally receive lower salaries. That may be one reason for the
disparity.
But when we look at some of the areas where there are discrepancies,
it really does cause one to say: Wait a minute. In areas where
occupations are significantly male-dominated--crab fishermen, for
instance, welders on the pipeline--occupations where the pay is really
quite substantial, we might look at that and say, OK, I understand why
there might be a discrepancy. But there are other occupations that have
some surprising statistics. For example, back in 2010 the average
earnings for a male physician were $229,312, but the average for a
woman physician was $166,000. It doesn't make sense.
In certain areas, women out-earn men--dietitians, for instance. The
ratio of women's to men's earnings is 170 percent, according to the raw
numbers. For legal secretaries, the ratio of women's to men's earnings
is 132 percent.
[[Page S2306]]
For teachers, the ratio of women's to men's earnings is 125 percent.
We need to peel back the onion to understand what we are dealing
with--is this a situation where it is the difference in the career
choice that has made the distinction with the pay disparity? If that is
the case, what are we doing to encourage women to go into areas where,
quite clearly, earning opportunities are better?
When we look at occupations, I think it is something that needs to be
considered. When we talk about a wage disparity, a pay disparity, I
think we need to look very critically at whether there are other
factors that come into play. Is it a career choice? Is it the need or
desire for flexibility?
Starting out as a young lawyer in Anchorage, I was making what the
young men in the firm were making. But when my husband and I decided
that I wanted to spend more time at home with our boys, I negotiated
for that level of flexibility. That put me behind my male counterparts
in the firm. I was good with that. That was a choice I made. I wanted
that flexibility.
Are there other nonmonetary forms of compensation that perhaps the
wage gap statistics don't necessarily respect? We don't know. So this
is where I came down in my decision process as to which direction to
take on the Paycheck Fairness Act vote that we had just an hour or so
ago. Do we want to try to address what I believe is an issue in that we
do have a disparity but how we understand what causes that disparity
and, then, what we do with that going forward is an important
consideration.
We have the Equal Pay Act of 1963 that imposes strict liability for
wage disparity based on gender. It is in law. We have title VII of the
Civil Rights Act of 1964 that protects against all forms of employment
discrimination, including on the basis of sex. But maybe we are not
enforcing these Federal laws as we need to. If after all these years we
are still seeing areas of disparity that we cannot reconcile based on
occupation or based on desire for flexibility, does there continue to
be discrimination? That is what we need to get to.
That is why I and many of my colleagues supported some of the
amendments that were presented yesterday and I think were important to
present--to make sure there is no retaliation for a woman when she
inquires as to what others are making to determine whether there is
discrimination, so making sure we are able to access that information.
However, when we take a proposal like the Paycheck Fairness Act that
has an initial presumption that the employer has unlawfully
discriminated against an employee if there is a difference in pay--if
we start off with a presumption of discrimination, it is pretty hard
for an employer--particularly a small employer--to deal with that, to
defend that, to present the case, to really work through this issue.
The solution should not be more litigation as the Paycheck Fairness
Act response is here. The solution needs to be more all-encompassing
because we have laws on the books that already say it is illegal to
discriminate. If we are still seeing instances of discrimination--and,
again, let's figure out where and why and how--then let's honestly try
to address that rather than through messaging efforts that are designed
to elevate the issue, which is fair, but then not be pragmatic about
how we approach the solutions.
I ask unanimous consent to have printed in the Record an article from
this morning's Washington Post titled ``President Obama's persistent
`77-cent' claim on wage gap gets a new Pinocchio rating.''
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Apr. 9, 2014]
President Obama's Persistent `77 cent' Claim on the Wage Gap Gets a New
Pinocchio Rating
(By Glenn Kessler)
``Today, the average full-time working woman earns just 77
cents for every dollar a man earns . . . in 2014, that's an
embarrassment. It is wrong.''
--President Obama, remarks on equal pay for equal work,
April 8, 2014
In 2012, during another election season, The Fact Checker
took a deep dive in the statistics behind this factoid and
found it wanting. We awarded the president only a Pinocchio,
largely because he is citing Census Bureau data, but have
wondered since then if we were too generous.
We also called out the president when he used this fact in
the 2013 State of the Union address. And in the 2014 State of
the Union address. And yet he keeps using it. So now it's
time for a reassessment.
The Truth Teller video above also goes through the details.
The Facts
Few experts dispute that there is a wage gap, but
differences in the life choices of men and women--such as
women tending to leave the workforce when they have
children--make it difficult to make simple comparisons.Obama
is using a figure (annual wages, from the Census Bureau) that
makes the disparity appear the greatest-23 cents. But the
Labor Department's Bureau of Labor Statistics shows that the
gap is 19 cents when looking at weekly wages. The gap is even
smaller when you look at hourly wages--it is 14 cents--but
then not every wage earner is paid on an hourly basis, so
that statistic excludes salaried workers.
In other words, since women in general work fewer hours
than men in a year, the statistics used by the White House
may be less reliable for examining the key focus of the
proposed Paycheck Fairness Act--wage discrimination. For
instance, annual wage figures do not take into account the
fact that teachers--many of whom are women--have a primary
job that fills nine months out of the year. The weekly wage
is more of an apples-to-apples comparison, but it does not
include as many income categories.
June O'Neill, a former director of the Congressional Budget
Office, has noted that the wage gap is affected by a number
of factors, including that the average woman has less work
experience than the average man and that more of the weeks
worked by women are part-time rather than full-time. Women
also tend to leave the work force for periods in order to
raise children, seek jobs that may have more flexible hours
but lower pay and choose careers that tend to have lower pay.
Indeed, BLS data show that women who do not get married
have virtually no wage gap; they earn 96 cents for every
dollar a man makes.
Economists at the Federal Reserve Bank of St. Louis
surveyed economic literature and concluded that ``research
suggests that the actual gender wage gap (when female workers
are compared with male workers who have similar
characteristics) is much lower than the raw wage gap.'' They
cited one survey, prepared in 2009 for the Labor Department,
which concluded that when such differences are accounted for,
much of the hourly wage gap dwindled, to about 5 cents on the
dollar.
``This study leads to the unambiguous conclusion that the
differences in the compensation of men and women are the
result of a multitude of factors and that the raw wage gap
should not be used as the basis to justify corrective action.
Indeed, there may be nothing to correct,'' the report for the
Labor Department said. ``The differences in raw wages may be
almost entirely the result of the individual choices being
made by both male and female workers.''
A 2013 article in the Daily Beast, citing a Georgetown
University survey on the economic value of different college
majors, showed how nine of the 10 most remunerative majors
were dominated by men:
1. Petroleum Engineering: 87% male
2. Pharmacy Pharmaceutical Sciences and Administration: 48%
male
3. Mathematics and Computer Science: 67% male
4. Aerospace Engineering: 88% male
5. Chemical Engineering: 72% male
6. Electrical Engineering: 89% male
7. Naval Architecture and Marine Engineering: 97% male
8. Mechanical Engineering: 90% male
9. Metallurgical Engineering: 83% male
10. Mining and Mineral Engineering: 90% male
Meanwhile, nine of the 10 least remunerative majors were
dominated by women:
1. Counseling Psychology: 74% female
2. Early Childhood Education: 97% female
3. Theology and Religious Vocations: 34% female
4. Human Services and Community Organization: 81% female
5. Social Work: 88% female
6. Drama and Theater Arts: 60% female
7. Studio Arts: 66% female
8. Communication Disorders Sciences and Services: 94%
female
9. Visual and Performing Arts: 77% female
10. Health and Medical Preparatory Programs: 55% female
The White House discovered this week that calculations
using average wages can yield unsatisfactory results.
McClatchy newspapers did the math and reported that when the
same standards that generated the 77-cent figure were applied
to White House salaries, women overall at the White House
make 91 cents for every dollar men make. White House
spokesman Jay Carney protested that the review ``looked at
the aggregate of everyone on staff, and that includes from
the most junior levels to the most senior.'' But that's
exactly what the Census Department does.
Betsey Stevenson, a member of the White House Council of
Economic Advisers, acknowledged to reporters that the 77-cent
figure did not reflect equal pay for equal work. ``Seventy-
seven cents captures the annual earnings of full-time, full-
year women divided by the annual earnings of full-time,
[[Page S2307]]
full-year men,'' she said. ``There are a lot of things that
go into that 77-cents figure, there are a lot of things that
contribute and no one's trying to say that it's all about
discrimination, but I don't think there's a better figure.''
Carney noted that the White House wage gap was narrower
than the national average, but the White House actually lags
the District average calculated by the BLS: 95 cents.
The Pinocchio Test
From a political perspective, the Census Department's 77-
cent figure is golden. Unless women stop getting married and
having children, and start abandoning careers in childhood
education for naval architecture, this huge gap in wages will
almost certainly persist. Democrats thus can keep bringing it
up every two years.
There appears to be some sort of wage gap and closing it is
certainly a worthy goal. But it's a bit rich for the
president to repeatedly cite this statistic as an
``embarrassment.'' (His line in the April 8 speech was almost
word for word what he said in the 2014 State of the Union
address.) The president must begin to acknowledge that
average annual wages does not begin to capture what is
actually happening in the work force and society.
Thus we are boosting the rating on this factoid to Two
Pinocchios. We were tempted to go one step further to Three
Pinocchios, but the president is relying on an official
government statistic--and there are problems and limitations
with the other calculations as well.
Two Pinocchios
Ms. MURKOWSKI. Included in this article is the following quote
referencing a study by the Census Bureau:
This study leads to the unambiguous conclusion that the
differences in the compensation of men and women are the
result of a multitude of factors and that the raw wage gap
should not be used as the basis to justify corrective action.
Indeed, there may be nothing to correct.
I don't know that. There indeed may be more that we can correct. I am
willing to look to see, to continue to peel back this onion to see if
we can do more than we did with the Equal Pay Act of 1963, do more than
we did with the Civil Rights Act of 1964, do more than we did with the
Lilly Ledbetter Act that I supported several years ago. If there is
more that needs to be done, I am willing to work on it because I don't
want to be in a State where men are viewed as being paid $1 to the 67
cents that a woman is being paid. I don't want those statistics to be
valid. I don't want them to play out in my State. I want to understand
how we ensure that there is a level of fairness. I think we need to
make sure we look keenly to the issue of whether there is
discrimination at play or whether, in fact, there are a host of other
issues we need to consider as well. I am willing to work in good faith
with my colleagues to do just that.
I see the chairman of the Judiciary Committee is with us.
(Mr. MARKEY assumed the Chair.)
Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Vermont.
Mr. LEAHY. Mr. President, I thank the distinguished senior Senator
from Alaska for yielding. I was interested in hearing her speech too.
Landmines
The Presiding Officer represents the beautiful Commonwealth of
Massachusetts. But consider if 15 percent of the land area of
Massachusetts was littered with 100,000 landmines or if my State of
Vermont, with a slightly larger land area, was littered with landmines.
Each one a tiny explosive buried a few inches beneath the surface of
the ground, and it explodes when an unsuspecting person steps on it.
Each one capable of killing a child or blowing the legs off of an
adult.
This may sound far-fetched, but it is not. It is the reality today
for many countries--from Vietnam to Angola to Colombia. But if that
were the reality in our States, I think we would all agree that these
inherently indiscriminate weapons--designed to be triggered by the
victim regardless of whether it is a civilian or combatant--do not
belong in the arsenal of a civilized country.
In fact, 161 nations have already agreed, and they have joined
together in an international treaty banning antipersonnel mines. They
include every member of NATO except one--the United States. They
include every country in this hemisphere except two--the United States
and Cuba.
We condemn the use of IED's against our soldiers and civilians in
Afghanistan, and of course we should. But why not condemn antipersonnel
landmines? There is really no appreciable difference.
I am hoping some will be listening to me at the other end of
Pennsylvania Avenue because I ask this: If landmines were littering
this country--in schoolyards, along roads, in cornfields, in our
National Parks--and hundreds of American children were being crippled
like this Cambodian girl who lost her left foot, how long would it take
before the White House sent the Mine Ban Treaty to the Senate for
ratification? Two days? Two weeks? It wouldn't take any longer than
that, I am sure. Yet we hear the same excuses year after year.
I look at my five beautiful grandchildren and I ask, what if they
were living in a country where simply by walking across a field, going
to a playground, or walking down a road, they might lose their lives?
They are not combatants. It is usually civilians who are injured and
killed by these landmines. We hear the same excuses year after year--
why the most powerful Nation on earth cannot join its NATO allies, why
the most powerful Nation on earth is the only country other than Cuba
in this hemisphere not to sign it. What do we get? The same talking
points, the same power points. It is really bureaucratic inertia. It is
also a lack of leadership.
For 20 years the Pentagon insisted that Korea was the problem. But 20
years later, there is absolutely no evidence they have done anything to
revise their Korea war plans without antipersonnel mines or that any
President, Democratic or Republican, has ever told them to do so.
The U.S. Government deserves credit for spending hundreds of millions
of dollars to clear mines and help mine survivors, and the Leahy War
Victims Fund has been an important part of that, including the money I
have gotten through appropriations to clear land mines.
But this girl--and there are countless more like her--we are told
there are thousands of new mine victims each year, show the other
tragic side of the story.
I mentioned on the floor the other day about talking to a young
teenager in the hospital about the Bosnia war. She had been sent away
by her parents to a safe place during the fighting. The war ended. She
could come home. She was running down the road calling out to her
parents and stepped on a land mine and lost both her legs. She wasn't a
combatant. She became a victim. There are so many innocent victims.
Americans overwhelmingly condemn the use of landmines, and they
expect more than they are getting from their government, and so do I,
and so, too, should every Member of Congress.
It has been 20 years since President Bill Clinton at the United
Nations called for the elimination of antipersonnel landmines. I
cheered him when he did. Two years later in 1996 he said: ``Today I am
launching an international effort to ban antipersonnel landmines.'' And
I cheered that. But 18 years later we are still waiting. We are waiting
for action, not words. We haven't signed the landmine treaty. We didn't
sign it during the Clinton administration or the George W. Bush
administration or this administration.
I have spoken to President Obama about this. I was encouraged when,
in accepting the Nobel Peace Prize, he said:
I am convinced that adhering to standards, international
standards, strengthens those who do and isolates and weakens
those who don't.
I told the President how much I agreed with his words.
Coincidentally, when he received the Nobel Prize it was a decade after
the Nobel committee awarded the prize to the International Campaign to
Ban Landmines. How fitting it would be after all these years if my
friend, President Obama, gave real meaning to the words he said when
accepting the Nobel Peace Prize by putting the United States on a path
to join the Mine Ban Treaty, and joining our NATO allies. This is what
the President needs to do. More importantly, it is what America and the
world needs.
I will speak further about this on another occasion, Mr. President.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.
[[Page S2308]]
Franklin Regional H.S. Tragedy
Mr. TOOMEY. Mr. President, I rise to speak on S. 1596, the Protecting
Students from Sexual and Violent Predators Act.
Before I do that, though, I want to say a few words about a terrible
event that occurred this morning in Pennsylvania. The students at
Franklin Regional High School in Murrysville, PA, suffered a terrible,
devastating tragedy this morning. A person--and this person is believed
to be a fellow student--took out a knife and attacked his fellow
students before the start of the school day. It appears that as many as
20 people were injured, some severely. Our thanks go out to the first
responders who did respond as rapidly as they could, and our prayers go
out to those who were injured and their families at Franklin Regional
High School.
Protecting Students from Sexual and Violent Predators Act
Mr. President, I want to turn to this bill that I have introduced,
the Protecting Students from Sexual and Violent Predators Act, S. 1596.
I want to thank my cosponsors, Senator Joe Manchin and Senator Mitch
McConnell.
The inspiration for this bill begins with a story of a boy named
Jeremy Bell. The story begins in Delaware County, PA. One of the school
teachers in the school in Delaware County was found to have molested
several boys and raped one of them. Prosecutors decided there was not
enough evidence to bring a case. The school knew about what was
happening and decided to dismiss the teacher for this appalling
behavior. What was so amazing and disturbing is the school also helped
this predator land a job at another school in West Virginia, even
passing on a letter of recommendation so they could move their problem
somewhere else.
The story ended in 1997 when that teacher, by then a school
principal, raped and murdered 12-year-old Jeremy Bell in West Virginia.
Justice finally caught up with that teacher who is now in jail serving
a life sentence for that murder. But for Jeremy Bell justice came way
too late. Jeremy Bell's father wouldn't rest until he knew he had done
all he could to help to ensure that no child or parent would ever
experience a similar tragedy.
Roy Bell, Jeremy's father, worked with Congress to create protections
for children to ensure they were not victimized at school. I think for
him it was some consolation for his loss. The House of Representatives
responded to this terrible, terrible tragedy. On October 22 of last
year, the House unanimously passed the Protecting Students Against
Sexual and Violent Predators Act. But again, sadly, justice came too
late. Jeremy Bell's father passed away just 3 days before the vote.
So we are now in the Senate with a chance to pass the same bill, a
bill that has already passed the House unanimously. It is a bipartisan
bill. The bill that I introduced is a companion legislation. As I
mentioned, we have bipartisan support for this bill, but I hear some
people suggesting that maybe we should wait, maybe now is not the right
time. Maybe we need more time.
I want to say as strongly as I can that we have had enough waiting.
We have wasted enough time. Let me explain why we cannot wait another
day. I want to start with 2 numbers, the first is 130. Since January 1
of this year, 130 teachers have been arrested across America for sexual
misconduct with children. That is more than 1 teacher arrested for each
day of the year so far. And that is, of course, only those who have
been caught and arrested. Every moment that we delay we are delaying
rooting out some of these problems.
The other number is 73, and 73 is the number that comes from the
Government Accountability Office. GAO says that the average pedophile
molests 73 children over the course of that pedophile's lifetime. These
predators actively seek out the environment where they can find
victims. That is what they do. What better place for them than schools.
They go from school district to school district, sometimes from State
to State, methodically looking for victims. Every moment we delay we
let a predator move on to the next of his 73 victims.
The damage that these predators do is just enormous. It is damage far
beyond what any number can convey. Over the past few months I have had
a chance to visit a number of child advocacy centers around
Pennsylvania, meeting with the men and women who work with abused
children, whether it is helping them through the criminal justice
system or just helping them to start the healing process. These folks
do some incredibly important and very, very good work. But again, you
cannot visit one of these centers without being profoundly impacted by
how devastating the abuse is.
I cannot come up with the words to convey how devastating it is, but
I can let some of the children speak for themselves. I am going to
quote from two students who were victims. Shannon was raped by a
teacher. The teacher was later convicted of sexual assault and
sentenced to life in prison. Nine years later here is what Shannon
wrote:
When I was a senior in high school, Mr. Peterson approached
me and said I would need to go to night school if I wanted
enough credits to graduate on time. And of course he taught
those courses--a computer class.
I was 17, and he raped me four times over the course of the
year. He said he would fail me if I ever told. He also hit me
and made threats against me and my family. So I didn't tell.
I held it in for a year and a half.
In the end 66 people offered to testify against Peterson.
His first victim dated back to the year I was born. Some of
those who spoke up were parents. Their daughters had
complained at the time but nothing was done. That made me
very angry. It still does. I learned that a handful of
teachers and two principals knew about him. And his teaching
license had been revoked in Michigan years before, but no one
knew why.
I am different because of what happened. I have to watch
people all the time, analyze them. I can't be carefree.
Now I have a 7-year-old son and two daughters, ages 3 and
1. I will home school my girls.
Next is a case of a boy from South Carolina named Gary, one of at
least 29 boys abused by a teacher, Mr. Fisher, over the teacher's 37-
year career. The teacher is serving 20 years in prison. Two school
principals were sued for allegedly covering up the abuse.
What Gary wrote is as follows:
I was 9 when it started. The abuse was frequent and long-
term--until I went to college. I knew there were others, too,
but until it all came out I never knew how many. You feel so
guilty, so ashamed. It's frightening now to look back and see
how calculating Fisher was. I did everything I could to get
kicked out of school. I was in the guidance counselor's
office all the time. Finally, in tenth grade I got myself
kicked out for cheating.
By the time I went to college I was drinking all the time.
I was terrified to quit because then I would have to feel.
But I couldn't drink and do school, so I entered rehab. I was
18. It took me a year and a half, and I've been sober since.
My life is good now for the first time. You can survive it,
but you have to deal with it.
He goes on to say:
I always felt that what the school did was far worse than
what Fisher did. Fisher was sick, an evil monster. But [the
school] just calculated the damage to its public relations.
We kids were disposable, which is a whole other category of
evil.
So the question before us is what are we going to do about this? What
can we do? What are we going to do?
My bill, the Protecting Students From Sexual and Violent Predators
Act is a sensible first step in protecting these kids. It would require
a mandatory background check for existing and perspective employees,
and the checks would have to be periodically repeated. There are five
States today that don't require any background check at all.
The second thing my bill would do is it would check all employees or
contractors who have unsupervised contact with children--not just
teachers, coaches, and school bus drivers. Anybody who has contact with
kids in my view should undergo this background check. There are 12
States in which there is no such requirement from contractors.
My bill would also require a more thorough background check. It would
require a check of four major databases, both State and Federal. In
Pennsylvania, for instance, if an employee has been living in the State
for 2 years or more, there is no Federal background check at all, only
the State check, and I don't think it is adequate. The way these
predators move from State to State, I think it requires that we check
the Federal database.
Importantly, my bill would also ban what we call ``passing the
trash.'' This is the horrendous practice whereby the school discovers
they have a predator and they intentionally ease the predator out and
sometimes actually facilitate that predator getting a job somewhere
else. That should be illegal, and my bill would make it illegal.
[[Page S2309]]
The fifth thing that my legislation does is it would stipulate that
schools cannot hire a person who has ever been convicted of any violent
or sexual crime against a child. I think that is a very reasonable
first step.
In addition, it would ban hiring of a number of specific felonies--
not all felonies, but felonies such as homicide, child abuse or
neglect, crimes against a child including pornography, spousal abuse,
rape, sexual assault, and kidnapping. Any of those felonies are so
egregious it would qualify to keep a person excluded from working with
children.
In addition, anyone convicted of a felony physical assault or battery
or a felony drug-related offense would be prohibited for 5 years,
couldn't be hired for 5 years. The enforcement of all of this would be
that if a State refused to adopt these very commonsense measures to
protect kids, then they would get no Federal funding from the EASA. I
think the States would adopt these reforms.
I would point out there is nothing the least bit radical about these
proposals. In addition to having passed the House of Representatives
unanimously, we in the Senate just passed virtually an identical
background check requirement on the Child Care and Development Block
Grant legislation we adopted last week or perhaps the week before--very
recently. That bill essentially had identical background check
provisions for daycare workers, and that is very sensible. That is an
important and good step. It makes sense to protect children in daycare,
but it makes no sense whatsoever to protect kids in daycare and then
leave them defenseless when they move on to an ordinary school.
Finally, I want to emphasize that this bill has broad bipartisan
support manifested in the House and here in the Senate. More than that,
I think it is a moral imperative. Our children deserve to be protected
now. If that is not a responsibility we have, I don't know what is. The
protection didn't come soon enough for Jeremy Bell or Shannon or Gary,
but we don't have to fail other children by delay.
I ask any of my colleagues who object to this legislation that passed
unanimously in the House--legislation that is completely consistent
with what we passed a couple of weeks ago--to please come forward with
their concerns or issues. I welcome hearing any objections, if there
are any, but I want to see a very speedy passage of this legislation.
It is my intention tomorrow to come down here to the Senate floor and
ask for unanimous consent from my colleagues to pass this legislation
here on the Senate floor. That will expedite this process and that will
assure we put this important safeguard in place as soon as we possibly
can.
Ex-Im Bank
I have one other issue I want to address briefly before I yield the
floor, and that is about the Ex-Im Bank. I believe this afternoon we
will be considering a nominee to a very senior post at the Ex-Im bank.
My focus is not principally on this particular candidate, but I think
we need to ask ourselves some important questions about the way the Ex-
Im Bank operates and what it does and how it does it. I hope we will
make some very significant changes when we get to the reauthorization
debate in the fall.
First of all, I should point out this is an institution--the Ex-Im
Bank--that gives rise to a very substantial taxpayer risk, and it is
large and growing. In 2007, Ex-Im Bank's total exposure was $57
billion. Today it is almost precisely twice that amount. It is $113
billion, and the Ex-Im Bank wishes to increase that exposure further.
In 2013, the GAO, after doing an audit, found multiple weaknesses in
Ex-Im's risk management processes, failures to account for changing
environments that could lead to higher losses, lapses that would not be
acceptable in fully private institutions.
Another point I wish to make is--I hope we don't kid ourselves about
this; I know sometimes people suggest to the contrary--taxpayers are
systematically subsidizing the activity of the Ex-Im Bank, and the risk
that taxpayers are taking is not adequately compensated. How do we know
this? We know this because buyers of products that are subject to Ex-Im
Bank financing get the Ex-Im Bank financing because no private lender
is willing to make the loan or, if they are, they are not willing to do
it under terms as generous as the Ex-Im Bank. That is all the evidence
we need to confirm that they are systematically underpricing the risks
they are taking, and I find that very objectionable.
There is another concern I have, and that is the nature of the
activity, the financial subsidization it provides for certain overseas
buyers of some American exports. The nature of this process inevitably
creates winners and losers back here in the United States.
The Ex-Im Bank effectively subsidizes--and I will give one example.
Indian Airlines gets a subsidy to purchase Boeing jets, and that is
very nice, except that Indian Airlines competes directly with some
American airlines and American companies. They are direct competitors,
but they don't get the advantageous funding. Yet their foreign-based
competitor does. How can that possibly be fair? How can that possibly
make sense?
My final point is that one of the most predictable things in the
world is that when we create a government entity to engage in an
economic activity, that entity will be politicized. It is a creature of
Congress and the government. It is going to be affected. Sure enough,
it didn't take long for that to happen. It already happened in the Ex-
Im Bank.
I have seen Members of this body come down to this floor and attempt
to offer amendments that would require, for instance, certain quotas
that the Ex-Im Bank must lend to certain places in the world that are
geographically favored by particular Members for whatever reasons.
There are other mandates on Ex-Im Bank's financing, such as that it
must accommodate certain economic activities or certain products. This
has nothing to do with market forces or general exports. This has
everything to do with the politics that individual cares about. This is
the kind of politicization and distortion that inevitably occurs.
In my view, we ought to make it a high priority of our trade
discussions to insist with our trading partners around the world that
we have a mutual and reciprocal phasing out of these counterproductive,
taxpayer-subsidized export entries. While we will not have the
opportunity to do that with respect to this nominee we are going to
consider this afternoon, we will have the opportunity to do it when the
reauthorization debate begins in the fall, and I hope my colleagues
will engage in that debate.
With that, I yield the floor.
The PRESIDING OFFICER (Mr. Coons). The Senator from Louisiana.
Veterans Health Care
Ms. LANDRIEU. Mr. President, I think we are prepared to have several
unanimous consent requests regarding the issue of how to care for
veterans in our country. I first want to begin by thanking Senator
Sanders for his extraordinary leadership on the issue of caring for and
supporting veterans, their families, their dependents, and the
communities in which veterans live. There has been no stronger voice on
the Senate floor for veterans on either side of the aisle than Senator
Sanders, and I appreciate his leadership. He has been spending a great
deal of time on the floor explaining the importance of his legislation.
He has joined me today to talk further about it.
Inside of this very important and major piece of legislation, there
is a piece of it that passed the House unanimously that would authorize
the construction of 27 major medical facility leases in 18 States and
in Puerto Rico, two of which would be in Louisiana--one in Lafayette
and one in Lake Charles. I have been leading the effort--contrary to
the testimony put on the Record by the junior Senator from Louisiana--
with Congressman Boustany, whose district this is in, and he has been
the leader of our delegation. There is no hesitation among our
delegation about who the leader has been about getting these clinics
built.
We have been working with the veterans office for years. We got them
to admit that they actually made the mistake that caused our clinics to
have to be delayed in their construction because of a mishap of great
proportion in the way these contracts were bid. The veterans in our
State--and Senator Sanders knows this--have rightly been complaining
for years that they have been left out and left behind.
[[Page S2310]]
Our entire delegation, Democrats and Republicans, has been fighting
on their behalf vigorously. We have written letters, made phone calls,
and made multiple visits to the region. Contrary to the testimony by
the junior Senator from Louisiana, the fact is everybody has been
working well together.
Congressman Boustany got to pass this piece of legislation out of the
House that basically says: Yes, let's go forward and build these
clinics and not require an offset.
I ask unanimous consent right now to do just that and take the House
bill that has passed with no amendments, no modifications, and pass
this bill so it doesn't have to go back to the House. It can go right
to the President's desk for signature. It costs $1.8 billion, and there
is no offset. As I have said, in my view--and this is only my view--the
veterans this is going to help have already paid the price. They have
already paid the price. They should not have to pay twice.
I agree with the House of Representatives. There doesn't need to be
an offset to this. I don't agree with Senator Vitter's amendment that
there needs to be an offset. I think we just need to go ahead and
unanimously decide to send this to the President's desk for his
signature. I am confident he would sign this, and it would authorize
these clinics not only in Louisiana but in the States around the
country.
I understand there is some opposition from outside of our State. I
don't understand any opposition from within the State.
I ask unanimous consent the Veterans' Affairs Committee be discharged
from further consideration of H.R. 3521, the bill read three times and
passed, and the motion to reconsider be laid upon the table, with no
intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Utah.
Mr. LEE. Mr. President, on behalf of Senator Coburn, who is not here
today, I object.
The PRESIDING OFFICER. The objection is heard.
Mr. LEE. My understanding is that Senator Coburn's objection is based
on the lack of a pay-for in this proposal. There is, however, an
amendment that has been introduced by Senator Vitter that addresses
this concern and fills this gap.
Mr. President, I ask unanimous consent that the Veterans' Affairs
Committee be discharged from further consideration of H.R. 3521, and
that the Senate proceed to its immediate consideration. I also ask
unanimous consent that the Vitter amendment, which is at the desk, be
agreed to, that the bill, as amended, be read a third time and passed,
and that the motion to reconsider be laid upon the table.
Ms. LANDRIEU. Would the Senator yield for a question?
Is that an order?
The PRESIDING OFFICER. Does the Senator yield for a question?
Mr. LEE. Yes.
Ms. LANDRIEU. I understand that the House of Representatives passed
this bill, H.R. 3521--and I will get the exact vote in a minute--with a
vote of 346 to 1. They passed this bill, H.R. 3521, with a vote of 346
to 1, that has no offset.
Does the Senator from Utah have any reason to know why Senator Coburn
would now require an offset since the bill and the politics is
controlled by the Republican leadership in the House?
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. Mr. President, I don't mean to cut my colleague off, but
Senator Lee is here on behalf of Senator Coburn, who has been more
involved, and so I will give the history of it. Some folks in the
Senate had concerns about the bill and the fact that, in their view, it
was not paid for. I met with them and talked through all of these
concerns. I could not convince them to drop those concerns completely,
so instead we found a solution, which is the Vitter amendment that is
at the desk. That amendment has been cleared within its four corners.
Nobody in the Senate--no Republican or Democrat--opposes the amendment.
We found that solution in order to pass the bill through the Senate,
and that addressed Senator Coburn's objections to the bill alone. That
is the solution we worked out.
I can't fully walk through all of Senator Coburn's thoughts about the
bill on its own and whether it was paid for. I can just tell the
Senator that I met with him exhaustively, was not able to get him to
completely drop his objection, but was able to agree on this
compromise--this solution to the pay-for issue. So that is why the
amendment, which is at the desk, was proposed, which removes the Coburn
objection and thereby fixes the problem.
The PRESIDING OFFICER. Is there objection to the request of the
Senator from Utah?
Mr. SANDERS. I object.
The PRESIDING OFFICER. The Senator from Vermont, objection is heard.
The Senator from Louisiana has the floor.
Ms. LANDRIEU. Mr. President, that is very good to know that Senator
Coburn is objecting--or not objecting--to an offset that is not a real
offset.
The reason there is some objection from our side, and I think from
Senator Sanders as well, is because the Vitter offset is not real. It
doesn't generate $1.6 billion in savings. So I think we should go
forward with no offset because the $1.6 billion is not a real offset.
The CBO analysis of this offset basically says, from our preliminary
estimate of the amendment, based on information from the Department of
Defense, there are no savings--there are no savings--for drug-related
purchases to the current law. The preliminary estimate is zero.
With that, I wish to reiterate my unanimous consent request--please
don't interrupt--I would like unanimous consent for my amendment, which
has no offset--and the bill does not have to go back to the House of
Representatives. The bill can go straight to the President's desk.
I yield the floor.
Mr. VITTER. Mr. President, I have a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state his inquiry.
Mr. VITTER. I would like to ask through the Chair, because this is
significant information, whether Senator Sanders would object to
passing the bill without amendment, because in all previous discussions
to date, I understood he would object to that. But that is very
significant information, so I would ask that of Senator Sanders through
the Chair.
The PRESIDING OFFICER. That is not a parliamentary inquiry. However,
if the Senator chooses to respond, he may.
Mr. SANDERS. I will respond later.
Mr. VITTER. Mr. President, reclaiming the floor and reclaiming my
time, that is very significant information that can guide us with
regard to any path forward. So I would like to know from the Senator
whether he would or would not object to a UC to pass the bill without
this amendment.
Mr. SANDERS. Mr. President, that is a fair question. Let me ask my
colleague from Louisiana--as he knows, I will be speaking more to this
in a moment. I wish to thank Senator Landrieu for her strong support of
legislation I introduced and for her support not only for veterans in
Louisiana but for every veteran in this country. This legislation is
supported by virtually every veterans organization in the United States
of America.
I will respond at this point to my colleague from Louisiana to say
that if I were prepared to support the Landrieu amendment, which has no
offsets--and she makes a good point, that veterans have paid for this
legislation in their blood already--would the Senator from Louisiana
object to an amendment I offered for the comprehensive bill that had no
offset as well?
Mr. VITTER. If I could address the Chair, I am happy to answer the
question.
As Senator Sanders knows, I have serious concerns with his much
broader bill. So I am not agreeing to his far broader bill. He knows
that. We have talked about that. We have talked about those concerns. I
am happy to restate that.
Having answered his question, I would like to reask through the Chair
if Senator Sanders is objecting or would object to a UC request to pass
this veterans clinics bill without the amendment at the desk.
Mr. SANDERS. Reserving the right to object, let me again thank
Senator Landrieu, who has raised this issue with me on numerous
occasions. The
[[Page S2311]]
issue we are talking about--I think Senator Vitter referred to it--is
clearly not just an issue for Louisiana, it is an issue which addresses
the need to see built 27 major medical facilities in 18 States and
Puerto Rico. To my mind, this is a very important provision, which is
in fact why I put it in a very prominent place in my legislation.
What I would say to my friend from Louisiana is that as important as
that provision in the bill is, there are many other provisions of equal
or greater importance. What I would say to my friend from Louisiana is
that organizations--and, again, virtually every veterans organization
in America, representing millions and millions of veterans, wants this
body and Members of the Senate to not just give speeches on Veterans
Day or Memorial Day about their concerns for veterans, they want this
body to start acting on behalf of the veterans in this country.
What they want us to do, among many other things, is an advanced
appropriations. I know my friend from Louisiana isn't a member of the
Veterans' Affairs Committee, and maybe he does not know that in the
last government shutdown we were 10 days away from veterans--disabled
veterans--not getting the checks they live on. This bill I have
introduced addresses that.
Maybe the Senator from Louisiana does not know we have a major
backlog problem; that while the VA is making good progress and
significantly reducing that backlog, I as chairman of the Senate
Veterans' Affairs Committee want to make absolutely certain that when a
veteran applies for a benefit, that benefit is adjudicated in a rapid,
efficient, and accurate way, and my legislation deals with that issue.
I don't know if the junior Senator from Louisiana knows we have a
real problem for veterans in Louisiana and across this country who are
trying to take advantage of the post-9/11 education bill. Over 1
million veterans and their families are taking advantage of it but
suddenly find themselves, if they move from Vermont to Louisiana or
Louisiana to Vermont, they may not be able to take advantage of instate
tuition. Our bill addresses that issue.
The PRESIDING OFFICER. The Senators are advised that subject to a
previous order, the Senate was to proceed to executive session at 2:30.
Mr. VITTER. I ask unanimous consent that the previous order be
postponed for an additional 10 minutes so we can simply round out this
very important discussion.
The PRESIDING OFFICER. Is there objection?
Mr. SANDERS. None whatsoever.
Mr. VITTER addressed the Chair.
Mr. SANDERS. I think I have the floor.
The PRESIDING OFFICER. Without objection.
Mr. VITTER. I believe I made an inquiry through the Chair, so I
believe I have the floor and I would like to reclaim it if that is
appropriate.
The PRESIDING OFFICER. The Senator from Vermont currently has the
floor.
Mr. SANDERS. Mr. President, the point I am making is that
furthermore, not only are we dealing with the instate tuition issue,
which impacts veterans from Louisiana and Vermont and every other
State, we are dealing with another issue in that we are going to extend
for 5 years to 10 years unfettered access to VA health care for
recently separated veterans. At a time when real unemployment in this
country is close to 12 percent and many veterans are coming home from
Iraq and Afghanistan and they are looking for work and work is hard to
find, this legislation renews our vow to hire heroes because we believe
it is important that veterans get back to work and take care of their
families.
Mr. VITTER addressed the Chair.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. I apologize for interrupting, but I just want to ensure
that of the additional 10 minutes that were granted, I would have 5
minutes.
The PRESIDING OFFICER. The Chair is dividing the time equally.
Mr. VITTER. I apologize for interrupting.
Mr. SANDERS. Not at all.
I wanted to mention to my colleague from Louisiana, which he may or
may not know, that we have a very serious problem in the military
regarding sexual assault, and it is terribly important that the men and
women who were sexually assaulted get the help and the treatment they
need in a VA facility and we address that issue.
The Senator from Louisiana may or may not know that 2,300 veterans--
these are men and women who suffered injuries in Iraq and Afghanistan
and came back home--are unable, because of their wounds, to have
babies, and this legislation is going to help them start the families
they want.
The Senator from Louisiana may or may not know--and I know the
Senator from Illinois Mr. Durbin does know--that in this legislation we
deal with the caregivers act; that right now we have 70-year-old women
who have taken care of their husbands who lost their legs in Vietnam or
in Korea or whatever war, and they are crying out for us to give them a
modest degree of help.
What I say to my friend from Louisiana: Now is the time to stand with
the veterans of this country. If he thinks it is too expensive, then
don't send them off to war. Don't send them off to war. Taking care of
veterans is a cost of war. They paid for it. I am very proud, again,
that this legislation has the support of the American Legion, VFW, DAV,
Gold Star Wives, Vietnam veterans organizations, Iraq, Afghanistan
veterans organizations, and all the others--virtually all of the other
ones.
I implore my friend from Louisiana to do the right thing and support
this comprehensive legislation which addresses his concerns in this
provision, but it does a lot more.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. Mr. President, I think this discussion has been very
important and very instructive because it underscores that not only
does the distinguished Senator from Vermont object to my efforts to
pass the veterans clinics bill with the amendment at the desk by
unanimous consent, but he also objects to Senator Landrieu's efforts to
pass the same veterans clinics bill, in her case, without the
amendment, without the offset. I asked him that direct question. He
made it very clear that he continues to demand that we pass his entire
much broader bill and will not let this hostage go.
I think that is very sad and very inappropriate for him to object to
my effort, for him to now object to the efforts of Senator Landrieu.
She made the unanimous consent request to pass the clinics bill, the
focused clinics bill. He is objecting to that as well.
It is also completely contrary to what Senator Sanders has said
before, working on these and related issues. In another instance in
late 2013, November, Senator Sanders himself, talking about our
colleagues, said:
I'm happy to tell you that I think that was a concern of
his.
Another colleague--
We got that UC'ed last night. So we moved that pretty
quickly, and I want to try to do those things, where we have
agreements, let's move it.
Where we have agreement, let's move it. We do not have agreement
about the significant details of the much broader Sanders bill. It is
not 1 Senator objecting about that, it is 43, but we do have agreement
about this clinics issue. No one, including Senator Sanders, objects to
the substance of the clinics bill. We have worked out every issue,
including through my discussions with Senator Coburn, about the pay-
fors. The amendment at the desk solves that.
So when we take that bill and the amendment, no one objects to that
substance. No one objects to it within the four corners of that
material. The only objection constantly on the floor for the last
several weeks--today again toward me, today again toward Senator
Landrieu's UC--is, no, I need my whole bill.
We will continue to discuss those important issues and disagreements,
but 43 Senators disagree with Senator Sanders. Sixty are needed to move
forward. In the meantime, can we at least agree what we agree on and
not hold veterans hostage? They have had guns pointed at them before,
but they don't expect U.S. Senators to hold guns to their head and hold
them hostage over veterans clinics.
So where we have agreement, let's move it. We have agreement about
the
[[Page S2312]]
veterans clinics. Let's move it. That is my effort. That is Senator
Landrieu's effort, which again is being objected to, moving this
focused clinics bill, by the Senator from Vermont. I find that very
unfortunate, but I will certainly continue to demand that we pass this
and continue to talk regarding all of the other important veterans'
issues.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Mr. President, reserving the right to object, we talk
about holding hostage. The distinguished junior Senator from Louisiana
pointed out that 43 Senators voted against comprehensive legislation
that is supported by virtually every veterans organization in this
country. The arithmetic is 43 voted against it, that is true. How many
voted for it? Fifty-six voted for it and 1 was absent who would have
voted for it. Fifty-seven voted for comprehensive legislation, 43 voted
against it.
So when the Senator talks about holding veterans hostage, I would
suggest to my friend from Louisiana that maybe instead of filibustering
this bill and requiring an undemocratic 60 votes, let the majority
rule.
The American people want us to pass this legislation. If you choose
not to vote for it, that is your right. But I do urge you not to hold
us hostage by demanding 60 votes when a very strong majority wants to
see it passed.
With that, Mr. President, I would object.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, can you tell me the order of business we
are in now?
The PRESIDING OFFICER. There is 40 seconds remaining on the current
issue, following which we will proceed to executive session.
Mr. DURBIN. Mr. President, I yield back that time.
____________________