S1884 CONGRESSIONAL RECORD — SENATE April 12, 2016 about an amendment I am trying to They are working up to 16 hours I am proud to stand with Captain get a vote on to the FAA bill, the Fed- without adequate opportunity for rest, Sullenberger and all the pilots in eral Aviation Administration bill, so what we say in our amendment is America and the organizations that which is before us. This issue is an- simple: We want parity. We want the represent them to say this: If this is an other no-brainer. same periods of flying time for both pi- FAA bill, if this is the Federal aviation Later this morning, I will meet with lots. bill and we have all kinds of goodies Captain ‘‘Sully’’ Sullenberger. I think Now you say: Well, Senator BOXER, and tax breaks and this and that in you remember him. He was the ‘‘Hero have there been any accidents? Yes. there—which is a whole other con- of the Hudson.’’ He was the one who Since 1990, there have been 14 U.S. versation—the least we can do is to miraculously landed U.S. Airways cargo plane crashes involving fatigue, stand up for safety. The least we can do Flight 1549 on the Hudson River on including a UPS crash in Birmingham, is to stand up for safety. I will insist on January 15, 2009. Because of his incred- AL, in 2013 that killed two crew mem- a vote. I will stand on my feet until I ible skill, he saved the lives of all 155 bers. get a vote, and I know the pilots are passengers and crew. In that tragedy, the NTSB cited pilot going to be all over this place today When it comes to safety—safety, in fatigue as a factor. Let’s listen to the knocking on doors. terms of our pilots being able to think pilot conversation, which was retrieved The American people don’t think we clearly and not be suffering from fa- after the crash. Let’s hear what those are doing anything for them. We have tigue, who could be better than Cap- pilots, who were exhausted, said to one the worst rating. My friends beat up on tain Sullenberger? I am going to stand another. Then, if the Senate does not President Obama, but he has the same with him. I am going to explain the want to have a vote on this, I am going ratings as Ronald Reagan during his issue that he and I are fighting for. to stand on my feet until we do be- time in the same timeframe—same rat- I first got into this issue—which is cause, for sure, one of these planes is ings as Ronald Reagan, their hero. We safety standards for all pilots—in 2009 going to crash, whether it is in Cali- are down in the gutter with our ratings when Colgan Airlines Flight 3407 fornia or Nebraska or Arkansas or any- because we put special interests ahead crashed into a home near Buffalo, NY, where else in this Nation. of the people. killing 50 people. After that tragic Listen to this. Now, maybe there are a few special crash, Senator Snowe and I wrote legis- Pilot 1: I mean, I don’t get it. You interests that don’t want to pay their lation that updated pilot and fatigue know, it should be one level of safety pilots enough money, that don’t want regulations. They had been written for everybody. to give their pilots rest—too bad. They originally in the 1940s. Pilot 2: It makes no sense at all. are wrong. They are jeopardizing lives Clearly, there is a lot of scientific re- Pilot 1: No, it doesn’t at all. on the ground. It is penny-wise and search on what happens when you have Pilot 2: And to be honest, it should be pound-foolish to have someone suf- a lack of rest. We needed to see a new across the board. To be honest, in my fering from pilot fatigue flying over rule. So, because of the efforts of Sen- opinion, whether you are flying pas- your home wherever you live in Amer- ator Snowe and me, the Department of sengers or cargo, if you are flying this ica. Transportation issued a rule in 2011 to time of day, you know, fatigue is defi- All I want is a vote. I am just asking ensure adequate rest for passenger pi- nitely—— for a vote. So far, I do not have that lots, which was great. Pilot 1: Yeah, yeah, yeah. commitment, but we are working hard. Shockingly, they left out cargo pi- Pilot 2: When my alarm went off, I We are hoping to get it. That is why I lots. So I am going to show you a pic- mean, I’m thinking, I’m so tired. came here today, and that is why I will ture of two planes—two planes. Look Pilot 1: I know. Well, let’s look at what happened to be standing with Captain Sullenberger at those planes. They look exactly the later this morning—to call for a vote same. They share the same airspace, this plane after this conversation. Just look at what happened to this plane. I to make sure that after 9 hours of the same airports, and the same run- flight, pilots get adequate rest—not think it is important that everybody ways. But guess what? Because of the after 16 hours—and to make sure there look at it. It went down. It went down. disparity in this rule from the FAA, is parity, fairness, and equality be- Now, when that flight went down, I the pilots are not treated the same. tween those flying a passenger jet and honestly thought: The FAA is going to Now, passenger pilots cannot fly more those flying a cargo jet. The fact of the change. They are going to pass a rule. than 9 hours in a day, while cargo pi- matter is they share the same airspace, They are going to make sure that all lots have been forced to fly up to 16 they fly over the same homes, and they pilots get that necessary rest. But they hours a day. Let me say it again. The deserve not to be exhausted as they did not. They did not. One hour after rule that came out of the FAA said: If maneuver their planes. you are a passenger pilot, you can only that conversation I shared with you, I thank the Chair, and I yield the fly up to 9 hours a day, but if you fly Mr. President, this is what happened to floor. a cargo plane the same size, you can fly that plane. The PRESIDING OFFICER. The Sen- up to 16 hours a day. How does this This dangerous double standard risks ator from Nebraska. lives in the air and on the ground, and make sense? It is dangerous. It is dan- f gerous. I will show you how. But our it cannot continue. That is why our top safety board, NTSB, the National amendment and our bill, which we base NATIONAL EQUAL PAY DAY Transportation Safety Board, has made the amendment on, are endorsed not Mrs. FISCHER. Mr. President, I rise reducing pilot fatigue a priority, men- only by Captain Sully but also by the today to discuss the issue of equal pay tioning it is on their top 10 list of most Air Line Pilots Association, the Inde- for equal work. Today is National wanted safety requirements for years. pendent Pilots Association, the Coali- Equal Pay Day, and this provides us an So follow me. In 2011, we had the tion of Airline Pilots Associations, the opportunity to talk about how we can rule. The rule left out cargo pilots. Teamsters Aviation Division, and the promote policies that will make life Since then, I have been trying, along Allied Pilots Association. easier and more flexible for American with colleagues KLOBUCHAR, CANTWELL, Let me just ask a rhetorical ques- families. It allows us to celebrate the and others, to change this. Now, let’s tion. If we don’t listen to pilots, who amazing advancements that women look at what Captain Sullenberger has are in those planes, on what they need have made. said about this issue. He said it about to fly safely, who on Earth are we lis- Women have an incredibly positive our bill: You wouldn’t want your sur- tening to? And yet I can’t get a vote on story to tell. We now hold more than geon operating on you after only 5 this. So far, I can’t get a vote. I am half of all professional and managerial hours of sleep or your passenger pilot hoping I will. Let people stand in the jobs, double the number since 1980. We flying the airplane after only 5 hours of well and vote against this safety provi- earn over 55 percent of bachelor’s de- sleep. And you certainly wouldn’t want sion, and the next time there is a grees, run nearly 10 million small busi- a cargo pilot flying a large plane over crash, they will answer for it. Stand up nesses, and we serve in Congress at your house at 3 a.m. on 5 hours of and be counted. We need a vote on this record levels. sleep, trying to find the airport and provision. One level of safety for all pi- Some may be surprised to see a Re- land. lots is one level of safety for the public. publican speaking out to support equal

VerDate Sep 11 2014 02:04 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.009 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE April 12, 2016 CONGRESSIONAL RECORD — SENATE S1885 pay. My friends on the other side of the as basic as the First Amendment. En- for the salaries they feel they deserve. aisle have made quite an effort to po- suring transparency would not only Knowledge is power. By freely dis- liticize this issue, claiming that Re- make it easier for workers to recognize cussing their wages, workers can nego- publicans don’t care about equal pay. pay discrimination, but it would also tiate effectively for the pay they want. I am here to state unequivocally that empower them to negotiate their sala- My proposal has received the support is ridiculous. Equal pay for equal work ries more effectively. of almost every Senate Republican and is a shared American value. At its core, Wage transparency is not a new ini- also five Democrats. But as we know equal pay is about basic fairness and tiative. It already enjoys support on all too well, in Washington anything ensuring that every woman, just like both sides of the political spectrum. In that receives bipartisan support stalls every man, has the opportunity to fact, both President Obama and Hillary with five words: It doesn’t go far build the life she chooses. Clinton are in favor of it. But not all enough. For over half a century, the Equal transparency is created equal. Earlier The biggest critics of this plan say Pay Act and the Civil Rights Act have this year, the Obama administration that it is too modest. They claim that enabled women to make significant proposed a new regulation targeting transparency is only the first step and economic strides. Any violation of businesses with over 100 employees. that a second step would require man- these important laws are illegal, and The Labor Department would use this dates. But the truth is, meaningful they should be punished to the full ex- rule to require businesses to submit change cannot happen without action, tent of the law. But I believe we can large amounts of data regarding race, and it cannot happen, colleagues, with- also go further. Congress now has the gender, and other statistics to the out compromise. By its very definition, opportunity to recommit itself to this Equal Employment Opportunity Com- it requires both agreement and accom- issue and ensure that these existing mission. The administration believes modation. My bill can make a real dif- laws are better enforced. this will end discrimination. ference for American workers, and, un- Our country is stronger today be- I believe this is just another govern- like legislation that is offered by cause women have advanced in the ment mandate that intrudes into the Democrats, my bill can actually pass. workforce. There are stories of young operations of a private business. We Others would argue that this change women who start off at entry-level jobs can’t discount the burden this will put is unnecessary because the right to dis- and rise to the top of corporate ranks on employers and job creators, and cuss salaries is protected under exist- because someone somewhere recog- every—every—new regulation creates a ing law. While it is true that certain nized their potential. There are man- new cost. I also have real doubts that employees and certain conversations agers and mentors committed to their this raw data will give the administra- are protected, there is no reason why team. Men and women across the work- tion what it is looking for. Instead, it we can’t apply the same freedom to all force are focused on cultivating does risk presenting a distorted picture Americans. As I discussed previously, strengths and providing thoughtful of pay data. Moreover, it remains un- surveys suggest that over one-third of feedback in areas that need improve- clear how this information would even private sector companies have specific ment. identify discrimination. The data does prohibitions in place. Unfortunately, there are also stories not take into account other factors, in- I am encouraged by the support we of pain, discrimination, and bias. We cluding years of experience, education have already garnered on both sides of all have friends and neighbors, sisters level, and productivity, and they are the aisle for this bill, the straight- and mothers who were treated unfairly appropriately used to determine a per- forward update to our equal pay laws. at some point in their careers. But si- son’s wages. It is achievable. We are all here to find lence does not foster progress. I want Looking at big data alone fails to tell solutions that both Republicans and to help every woman and every man the whole story. I am concerned that Democrats can achieve for the Amer- put a stop to unfair pay practices, and the rigid compensation structures re- ican people. An all-or-nothing atti- this starts by breaking the barriers to sulting from the President’s proposal tude—well, that only prevents open discussion. could force businesses to provide em- progress, and it leaves us with the false Few realize the extent of this prob- ployees with less flexibility, and that choices and stereotypes that have per- lem. In 2003 the University of Pennsyl- would deal an even greater blow to sisted for decades. vania conducted a study on how sala- women. The same is true with the Pay- Last week I was encouraged to hear ries are discussed in the private sector. check Fairness Act. While it is very Senator MIKULSKI and several other The survey found that over one-third of well-intentioned, it will ultimately Democrats hold a press conference and private sector employers have specific hurt flexibility for women to form discuss the importance of protecting rules prohibiting employees from dis- unique work arrangements, and it will workers against retaliation for dis- cussing their pay with their coworkers. undermine merit-based pay. Instead, cussing their salaries. I agree. Pro- This was reinforced by another survey we should be empowering both employ- tecting workers who seek this informa- from the Institute for Women’s Policy ers and employees to negotiate flexible tion is a crucial step toward ensuring Research. Roughly half of workers re- work arrangements that best meet that women and men are compensated ported that discussing wages and sala- their individual needs. fairly. ries is either discouraged or prohibited I agree we have more work to do on With that in mind, I call on my and/or could lead to punishment. It equal pay, but the way we can make friend from Maryland and any other went on to note that pay secrecy ap- meaningful and lasting progress isn’t Members of this body to work together pears to contribute to the gender gap through a misguided Executive action on solutions to this problem. Wage in earnings. that could hurt women. To make a dif- transparency is an area of common These studies point to a common ference in the lives of working fami- ground. Democrats praised the Presi- problem—one that is fueling anger, re- lies, we must focus on building bipar- dent’s Executive order in 2014, and my sentment, and fear. The American tisan consensus. I have been working bill goes further: It protects more workforce is lacking protections for hard to do just that by collaborating American workers. If we are going to employees to engage in this open dia- with my colleagues and generating sup- make real, meaningful change, we are logue about their salaries. People are port for my bill, which is known as the going to have to work together. We afraid to ask how their salary com- Workplace Advancement Act. should not let raw politics stand in the pares to their colleagues. Meanwhile, I believe every American worker way of progress for working women. current law does not adequately pro- should have the ability to discuss com- Congress has a real opportunity to tect workers against retaliation from pensation without fear of retribution. make a difference for both men and employers who want to prevent those My legislation breaks down the bar- women who work hard every day to conversations about their compensa- riers to open dialogue, allowing em- provide for their families. Above all, tion. ployees to ask questions and gain in- we can help them succeed and prosper If you want to know how your salary formation. Access to this information in the workforce while being secure in compares to your colleagues, you could enable workers to be their own the knowledge they are compensated should have every right to ask. This is best advocates and let them negotiate fairly for their work.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.010 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE S1886 CONGRESSIONAL RECORD — SENATE April 12, 2016 Mr. President, I yield the floor. did it say? It said: If you come back gases between 26 and 28 percent by The PRESIDING OFFICER (Mr. SUL- with the Kyoto treaty and it does one 2025—this plan, which attempts to do LIVAN). The Senator from Oklahoma. of two things, we will vote against it. through regulation what the President f That was 95 Members; there were 5 peo- was unable to do through legislation, ple absent that day. stands on very shaky legal ground. PARIS CLIMATE AGREEMENT They said they would not do it if two Most recently, the Supreme Court Mr. INHOFE. Mr. President, I think things were in it: No. 1, if it is an eco- joined the chorus in signaling to the Senators THUNE and NELSON have done nomic hardship on the United States of President that the President’s efforts a great job of putting together the re- America, and No. 2, if you come back on climate change are dead on arrival. authorization bill for the FAA. It is with a treaty that doesn’t treat devel- This is the U.S. Supreme Court. something that should have been done oping countries the same as developed I think we owe it to the 196 countries some time ago. We are hoping the countries. In other words, if we have to to let them know that nothing is going House will adopt what we have or do something in the United States that to happen once they get here. I think it something close to it because we are China doesn’t have to do, that India is nice if they all want to come and getting ready to do this. It is signifi- doesn’t have to do, that Mexico doesn’t tour America and spend their money, cant. have to do, then we will vote against maybe take old Highway 66 down I want to mention something that it. through my State of Oklahoma and see people may not be aware of. This Of course, they came back with what America really looks like. I month leaders from around the world something that violated both. So there would love to have them come. But I are going to meet in New York to sign was never any possibility that it was want to make sure they know that nothing is going to happen in terms of the Paris climate agreement—an going to pass, and it didn’t. We subse- the President’s Clean Power Plan or agreement that hinges entirely on quently rejected four cap-and-trade his broader international commit- President Obama’s commitments to re- bills in the following 13 years. duce emissions in the United States. This past year a bipartisan majority ments. The Supreme Court dealt the Presi- In Paris, he said: We commit that the in both the Senate and the House spoke dent’s legacy a major blow when it United States will reduce our CO2 emis- again when we passed two resolutions sions somewhere between 26 and 28 per- voted 5 to 4 in February to block the of disapproval formally rejecting Presi- implementation of Obama’s Clean cent by 2025. dent Obama’s carbon regulations. Of course, that is just not going to Power Plan while it is being litigated There is a little thing a lot of people by over 150 entities, including 27 happen. don’t know about called the CRA, the States, including Oklahoma, which are President Obama has three legacies, Congressional Review Act. That means as his days are now numbered. One of filing a lawsuit to make sure this does if the President tries to do something not happen. So we have a majority of them is to take away people’s guns. We that is against the wishes of the people States in America saying: Not only do all know about Second Amendment through their elected representatives, we not want it, but we are suing them rights. Every time something happens, then you can pass a CRA—Congres- to make sure it is not implemented. they always try to restrict gun owner- sional Review Act—that will reject the There are also 24 trade associations, 37 ship. He still wants to do that. Closing regulation. So we passed two resolu- electric co-ops and 3 labor unions chal- Gitmo is another one. The third one we tions formally disapproving what he lenging EPA in court. They are all fil- are trying to survive is his global was trying to do. ing these lawsuits, so the Supreme warming program. So I say to the 196 countries that Court comes along and says: Until While the President has been work- might show up here: Don’t show up an- these are resolved, we are going to stay ing to solidify his legacy on global ticipating that something is going to the regulation. warming, he has chosen to ignore the happen, because it is not. This isn’t This decision delays implementation reality that the United States will not even supported by a majority of the of the rule until the next President and keep his carbon promises. The docu- Members of the Senate or the House. completely upends Obama’s Paris com- ment that will be signed on April 22— Congress has continuously shown that mitments. Without the central compo- Earth Day—will soon be added to the the American people don’t want the nent of his international climate agen- president’s stack of empty promises on Federal Government imposing harsh da, achieving the promises he made in global warming. This has been going on penalties like cap and trade to address Paris is a mere pipe dream. Even with since 1997. While President Obama will the highly contested theory of man- the Clean Power Plan, the United undoubtedly issue a press release prais- made global warming. States would fail to meet 45 percent of ing the signing as a ‘‘historic’’ event— The first attempt to enact cap and the promised greenhouse gas emission he won’t even be attending. That trade back in 2003 would have cost our reductions. Now, with the Supreme should be a good indication that he economy upwards of $400 billion a year. Court’s stay on these regulations, knows he is not going to be able to do I say to our good friend from Alaska there could be an even greater deficit. this. He is not even going to be there. who is the Presiding Officer right now If the Clean Power Plan is overturned, Once again, I want to make sure the that every time I hear a large figure, I the United States will miss the mark international participants are warned take the current population in my by about 60 percent. Furthermore, the that the President’s climate commit- State of Oklahoma—those families who litigation on the Clean Power Plan ment lacks the support of his own gov- actually pay Federal income taxes— won’t likely get resolved until 2018. ernment and it is going to fail. There is and I do the math. In this case, this That means the regulations will be no question about that. I can say that would cost in the neighborhood of blocked for at least the next 2 years, as because history has already repeated $3,000 per family, and of course, as I the chart shows. itself. I have been on the frontlines will demonstrate in just a minute, they First, on June 2, the three-judge dating back to the failed Kyoto treaty will get nothing for that. panel on the DC Circuit will need to of 1997. For over 20 years, history has In 2003 the first bill that came up hear the case. The three-judge panel been repeating itself, and I have been would have cost upwards of $400 billion. will issue a decision sometime this fall, on the frontlines dating back to that This has not been contested, and the and it will almost certainly be chal- time. numbers aren’t much different from lenged with a request for an en banc re- This is kind of interesting. In 1997 what the President is trying to do view by the entire DC Circuit. A deci- President Clinton and Vice President right now with his Clean Power Plan, sion from an en banc panel won’t come Gore went to the Kyoto convention. which he is trying to do through regu- until much later—likely by the end of They signed the treaty and they lation because he knows it won’t pass the year, as we can see on the chart. thought: This is great. Everyone is as legislation. This decision will almost certainly be going to have to do cap and trade. The Clean Power Plan—the center- appealed to the U.S. Supreme Court. If They got back here, and there was a piece of the President’s promise to the the Court decides to hear the case, a little thing called the Byrd-Hagel reso- international community that the final decision is expected in late 2017 or lution. It passed this body 95 to 0. What United States will cut greenhouse 2018.

VerDate Sep 11 2014 00:08 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.004 S12APPT1 emcdonald on DSK67QTVN1PROD with SENATE