Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, JUNE 4, 2012 No. 82 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 5, 2012, at 12 p.m. Senate MONDAY, JUNE 4, 2012

The Senate met at 2 p.m. and was APPOINTMENT OF ACTING Mr. REID. Mr. President, we are now called to order by the Honorable RICH- PRESIDENT PRO TEMPORE on the motion to proceed to this meas- ARD BLUMENTHAL, a Senator from the The PRESIDING OFFICER. The ure called the Paycheck Fairness Act. State of Connecticut. clerk will please read a communication At 5 p.m. this afternoon the Senate to the Senate from the President pro will proceed to executive session to PRAYER tempore (Mr. INOUYE). consider the nomination of Timothy The Chaplain, Dr. Barry C. Black, of- The bill clerk read the following let- Hillman to be U.S. District Judge for fered the following prayer: ter: Massachusetts. There will be 30 minutes of debate at that time led by Sen- Let us pray. U.S. SENATE, Eternal God, whose presence is the PRESIDENT PRO TEMPORE, ator LEAHY. At 5:30 p.m., there will be source of our strength, as we return Washington, DC, June 4, 2012. a rollcall vote on confirmation of the from Memorial Day recess, we pause to To the Senate: Hillman nomination. thank You for those who have made Under the provisions of rule I, paragraph 3, MEASURE PLACED ON THE CALENDAR— the ultimate sacrifice for the freedoms of the Standing Rules of the Senate, I hereby S.J. RES. 41 appoint the Honorable RICHARD BLUMEN- we enjoy. Please hold all our service Mr. REID. Mr. President, S.J. Res. 41 THAL, a Senator from the State of Con- is at the desk and now due for a second men and women in Your strong arms, necticut, to perform the duties of the Chair. reading. protecting them from dangers seen and DANIEL K. INOUYE, unseen. Bless the families of our serv- President pro tempore. The ACTING PRESIDENT pro tempore. The clerk will read the joint reso- icemembers, fill their lives with Your Mr. BLUMENTHAL thereupon as- peace and provision, strengthening lution by title for the second time. sumed the chair as Acting President The bill clerk read as follows: them to trust in Your mighty power to pro tempore. sustain them. A joint resolution (S.J. Res. 41) expressing f the sense of Congress regarding the nuclear Help our Senators this day to live program of the Government of the Islamic lives worthy of Your goodness and RECOGNITION OF THE MAJORITY LEADER Republic of Iran. grace. May they discover that real ful- Mr. REID. Mr. President, I would ob- fillment comes when they seek to glo- The ACTING PRESIDENT pro tem- ject to any further proceedings with re- rify You. Place Your hand on the Sen- pore. The majority leader is recog- spect to this joint resolution. ators’ shoulders today, reminding them nized. The ACTING PRESIDENT pro tem- that You are with them and will guide f pore. Objection having been heard, the them. PAYCHECK FAIRNESS ACT— bill will be placed on the calendar. We pray in Your great Name. MOTION TO PROCEED Mr. REID. Mr. President, back in Amen. 1963, when Congress passed the Equal Mr. REID. Mr. President, I move to Pay Act, women at that time were f proceed to Calendar No. 410, S. 3220. working year-round and took home The ACTING PRESIDENT pro tem- about 59 cents for every dollar paid to pore. The clerk will report. PLEDGE OF ALLEGIANCE their male coworkers doing the same The bill clerk read as follows: The Honorable RICHARD BLUMENTHAL job. While passage of that landmark Motion to proceed to S. 3220, a bill to legislation helped narrow the pay gap, led the Pledge of Allegiance, as follows: amend the Fair Labor Standards Act of 1938 I pledge allegiance to the Flag of the to provide more effective remedies to vic- today American women still only take United States of America, and to the Repub- tims of discrimination in the payment of home 77 cents on the dollar compared lic for which it stands, one nation under God, wages on the basis of sex, and for other pur- to their male colleagues for doing the indivisible, with liberty and justice for all. poses. exact same job.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S3669

VerDate Mar 15 2010 02:33 Jun 05, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A04JN6.000 S04JNPT1 tjames on DSK6SPTVN1PROD with SENATE S3670 CONGRESSIONAL RECORD — SENATE June 4, 2012 Jane, who works in a job, gets 77 This law, the Lilly Ledbetter legisla- ing the pay gap is more important than cents, while Jack, who also works at tion, makes it possible for victims of ever. No woman working to support that job, gets $1. That is why women gender discrimination to successfully herself or her family should be paid are concerned about how they are challenge unequal pay even if the in- less than a male counterpart. They are being treated. It is simply not fair that discretion has been going on for years. doing the same job, so they should be any woman working the same hours at Despite that achievement in the last paid the same. the same job should make less money. Congress, there is a great deal of work Some employers have taken advan- Often these inequities stretch over to be done to ensure that American tage of women, knowing they would decades, and many women don’t even women earn comparable pay for a day’s work for less. It might be a single par- know they are victims. It took one Las work. It is crucial that we pass the bill ent, and they have said: We don’t have Vegas woman 15 years to find out she that is now before this body, the Pay- to pay her what we pay him. Now with made $20,000 per year less than her check Fairness Act. It is common all of this going on, with the examples male colleagues although she did the sense. It would give workers stronger I have given, the Republicans are fili- same work and worked just as hard. tools to combat wage discrimination, bustering this bill. They will not even That is $20,000 a year over 15 years. She bar retaliation against workers for dis- let us vote on it. But what else is new? was paid about 66 cents on the dollar cussing salary information, and help They have filibustered even what they compared to her male coworkers de- ensure more adequate compensation agree with. They don’t agree with this. spite being a top sales associate with a for victims with gender-based pay dis- They don’t want women to make the Las Vegas payroll company. crimination. same amount of money, so they are Over the decade and a half she I am fortunate that I have five chil- filibustering this bill—they are filibus- worked there, her employers cheated dren. My oldest is my daughter. She tering even letting us get on the bill. her out of literally hundreds of thou- was a good student and a wonderful They are filibustering what is called a sands of dollars’ worth of pay. Why? daughter. No one could be a better motion-to-proceed rule that I think Because she is a woman. Her story, daughter than my daughter Lana. She needs to be changed in this body, and it though, has a happy ending. She got a graduated from college, and she came will someday. lawyer, settled out of court, and has to Washington to spend some time with They are filibustering the Paycheck now gone on with her own successful her parents before she decided what she Fairness Act. This legislation would business. wanted to do permanently. She went help even the playing field for women But many victims don’t have that around looking for a job on Capitol in the workplace. If it seems unbeliev- happy ending. Many victims of years or Hill. able that the Republicans would block even decades of gender-based pay dis- The first question every person she such a commonsense measure. Consider crimination have nothing to be happy interviewed with asked was, Do you their track record in this Congress. Re- about. The average woman who works type? Can you imagine that? She could publicans have blocked legislation to type. How do you start a debate with full time, year-round in Nevada makes hire more teachers, cops, firefighters, that? They asked her that because she $7,300 less than a man doing the same and first responders. They blocked is a woman. Women get an unfair job. I am sure, Mr. President, it is that. They stalled important jobs shake in modern-day America, and we about the same in Connecticut. measures such as the aviation bill. The Although the wage gap has narrowed are trying to do something about it. We want workers to have stronger FAA bill had 22 extensions. They fi- in the last half century since Congress tools to combat wage discrimination. nally got it done, but it was so hard. declared women are entitled to equal We want to bar retaliation against The FAA was closed down on one occa- pay for equal work, gender discrimina- workers for discussing salary informa- sion for a week. tion remains a serious problem in the The highway bill has been stalled for tion. Some people get fired because workplace. That is why Democrats they have gone around and found out months. It is in conference now. They overcame the Republican obstruc- that a man working the same job as opposed legislation to restore basic tionism last Congress to pass the Lilly them makes a lot more money than fairness to our Tax Code. What does Ledbetter Fair Pay Act. It was the sec- they do. They get fired for just telling that mean? We agree with the Amer- ond thing we did in a very productive another employee what they made. ican people. About 80 percent of the Congress. We also want this paycheck fairness American people believe someone who Why did we do it? Lilly Ledbetter bill to pass because it would help en- is making more than $1 million a year had worked for years and years doing sure more adequate compensation for should pay more than somebody mak- the same job as her male counterparts victims of gender-based pay discrimi- ing $100,000 a year. But not our Repub- until she finally found out one day nation. Today women make up nearly lican friends. So they opposed legisla- they were being paid a lot more money half of the workforce, and an increas- tion to restore basic fairness to our than she was for doing the same work. ing number of women are the primary Tax Code. They twice derailed at- So she went to court. The court said wage earners for their families. tempts to stop interest rates on stu- the statute of limitations had run out. When I went to law school in Wash- dent loans from doubling which put af- The Presiding Officer is one of the ington—a good school, George Wash- fordable education at risk for 7 million most gifted lawyers we have in the ington University—I can only recall students. Senate. He was a long-time attorney one woman in our class. There may What I am saying is if we don’t get general in the State of Connecticut and have been two or three, but I don’t something done by the end of this understands the law very well. Lilly think so. Now over half the women in month, the interest on a large number Ledbetter’s case was so unfair because law schools in America are women. of student loans—the so-called Stafford she didn’t bring her case soon enough. There is no reason that a woman grad- loans—will grow from 3.4 percent to 6.8 She didn’t know she was being cheated. uating from law school should get paid percent. It will double. They have They said people have a certain period less than a man graduating from law stopped that twice. of time to bring up this matter—I school when they are doing the same They put women’s lives at risk by think it was 3 years. Even though it work. holding the Violence Against Women had been well more than a decade she Today women make up nearly half of Act in limbo on a hypertechnical issue. had been working there, she was out of the workforce. As I said, an increasing When I say ‘‘hypertechnical,’’ I mean luck. number of women are the primary just that. They would not let us go to So we passed the Lilly Ledbetter Pay wage earners for the family. We can conference on what we had passed and Act. I met her on a number of occa- tell that by what is going on in college. done here because it had a tax measure sions and, boy, she has a lot of spunk in More than half of the students in col- in it. By Washington standards, almost her. And rightfully so because a lot of lege are women. So this problem af- no money, a few million dollars. I know people would not have fought. She took fects women, children, and families that is a lot, but is it a reason to stop her case to the U.S. Supreme Court and across the country. And it really does. this bill? Of course not. she lost there. That is why we had to With the economy struggling and They launched a series of attacks on do something legislatively. families stretching every dollar, clos- women, their access to health care, and

VerDate Mar 15 2010 02:33 Jun 05, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G04JN6.005 S04JNPT1 tjames on DSK6SPTVN1PROD with SENATE June 4, 2012 CONGRESSIONAL RECORD — SENATE S3671 even contraception. They have amassed The ACTING PRESIDENT pro tem- this problem. He seems to prefer the an impressive record of destruction, of pore. The clerk will call the roll. talking point, as disingenuous as it is. being on the wrong side of almost The bill clerk proceeded to call the Speaking of talking points, it has every issue. Unfortunately, it seems roll. been suggested by some on the Presi- that the Paycheck Fairness Act may Mr. MCCONNELL. Mr. President, I dent’s political team that Republicans have two strikes against it. No. 1, it ask unanimous consent that the order are rooting for economic failure. That will be good for women and good for for the quorum call be rescinded. is absolutely preposterous. If Repub- the economy, so Republicans are going The ACTING PRESIDENT pro tem- licans wanted failure, we would support to oppose it. Paycheck fairness is right pore. Without objection, it is so or- this President’s misguided policies. for the country, but it appears Repub- dered. But the larger point is this: We will licans will wind up on the wrong side of RECOGNITION OF THE MINORITY LEADER never solve any of these problems we this issue as well. They will send the The ACTING PRESIDENT pro tem- face while the President continues to message to little girls across the coun- pore. The Republican leader is recog- put his need for campaign rhetoric try that their work is less valuable be- nized. ahead of finding bipartisan solutions. cause they happen to be born female. PRESIDENTIAL LEADERSHIP And whether it is pretending that Little kids are so impressionistic. I Mr. MCCONNELL. Mr. President, I small-ball, Post-it note-quality pro- hope everybody in this country saw the wish to start out this afternoon by posals would have a major impact on picture that appeared in major news- calling attention to what appears to be the economy or pretending that Repub- papers around the country last week. a pretty serious disconnect over at the licans, who are the only ones actually There is a man who served as a U.S. White House between the President’s working on bipartisan solutions, are marine at the White House. It is an im- legislative advisers and his political somehow sitting on our hands, he is portant job—helping to provide secu- team. doing a major disservice to the Amer- rity to the White House. It is tradi- For weeks, President Obama has been ican people. tional for Democratic Presidents and running around ginning up college stu- For the good of the country, it is Republican Presidents. When the ma- dents and late-night television audi- time for the President to take yes for rine finishes their tour, the President ences over an impending interest rate an answer. It is long past time for the brings that person and their family change on college loans, pointing the President to lead. into the Oval Office to say thanks and finger at Republicans. But not only are Mr. President, I suggest the absence goodbye. Well, the man who came in Republicans supportive of solving this of a quorum. and who is represented in these pic- problem, we are the only ones who ac- The ACTING PRESIDENT pro tem- tures had a wife and two children, in- tually passed legislation to do so. pore. The clerk will call the roll. cluding a cute little 5-year-old boy all House Republicans passed a bill weeks The bill clerk proceeded to call the dressed up with a tie. The President ago that would have preserved current roll. asked the boys if they had a question. rates, and late last week Speaker Mr. KYL. Mr. President, I ask unani- The 5-year-old had a big brother who BOEHNER, Leader CANTOR, Senator KYL, mous consent that the order for the was 9 or 10 years old. The little boy had and I sent a joint letter to the Presi- quorum call be rescinded. a question, demonstrating the honesty dent proposing multiple solutions to The ACTING PRESIDENT pro tem- of a 5-year-old. the problem that were thoughtfully pore. Without objection, it is so or- The President couldn’t hear him the and carefully designed to gain the dered. first time. He said: What did you say? President’s support. In fact, the solu- AVOIDING SEQUESTRATION The little boy said: Is your hair like tions were based on the President’s Mr. KYL. Mr. President, today I mine? own proposals. would like to address some of the re- He is a little African-American boy. cent press chatter that attempts to Is your hair like mine? Let me say that again. We sent a let- I am sure this little boy—I don’t ter to the President advocating con- paint Republicans as closet Keynesians know, but I am sure people had ques- tinuing the current rate for another because we oppose the massive defense tioned his hair, and he wanted to know year and proposed pay-fors that he cuts that are contained in the Budget if the President of the United States himself has endorsed. So one can imag- Control Act—the automatic sequestra- had hair just like his. ine how surprised we were to see one of tion or across-the-board cuts that So the President leaned over and the President’s political advisers say occur unless Congress acts to avoid said: You can feel it. on one of the Sunday shows yesterday that before the end of this year. When he felt the President’s hair, he that Republicans in Congress are sit- The implication is that if we make said: It is just like mine. ting on our hands and an op-ed this economic arguments against these Doesn’t that speak volumes about morning by the Education Secretary automatic cuts; namely, that they will little children? That is what I am talk- saying that Congress isn’t lifting a fin- result in massive job losses, we under- ing about. This little boy knew that ger to resolve the problem. cut our arguments against the Presi- even though his hair was different than So let’s be very clear about all of dent’s stimulus spending, which is os- everybody’s hair whom he went to this. Republicans in Congress are the tensibly created in order to stimulate school with, he could be President just only ones actually working to solve the consumer demand and therefore in- like the man whose hair he was able to student loan issue. Unless the Presi- crease spending, which is supposed to feel. dent isn’t having his mail forwarded to get us out of the economic doldrums we What I have said here today is that it him on the campaign trail, he knows it are in. I wish to make two points in re- appears Republicans wind up on the as well as I do. sponse. wrong side of this issue we have talked I couldn’t help but notice that the First, of course, eliminating more about—paycheck fairness—sending the President is on a fundraising blitz in than 1 million defense-related jobs, message to little girls across the coun- Manhattan today. No doubt it is easier which is what will happen if the auto- try that their work is less valuable be- to walk into these events when one has matic sequestration occurs, will obvi- cause they happen to be born female. I a good piece of fiction to sell about Re- ously hurt the economy. It will obvi- hope the Republicans will change. They publican obstructionism. But the ously result in job losses, and many are not going to—we all know that— President’s campaign rhetoric is in- people will suffer. That is what a but hope springs eternal. creasingly at odds with reality. On the George Mason University study said Will the Chair announce the business student loan issue, at least, it is Re- this $492 billion in cuts will contribute of the day. publicans who have been working on a to. In fact, the same point was made in RESERVATION OF LEADER TIME solution and the President who has a CBO study that was released a couple The ACTING PRESIDENT pro tem- been totally AWOL. All he has to do is of weeks ago. How could such massive pore. Under the previous order, the pick up the phone and tell us which one job losses not do economic harm? A leadership time is reserved. of his own proposals he will accept. It million jobs—jobs in both the private Mr. REID. I note the absence of a is that easy. But the truth is that the and public sectors—comprise a sub- quorum. President doesn’t really want to solve stantial part of our economy. In fact,

VerDate Mar 15 2010 02:33 Jun 05, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G04JN6.006 S04JNPT1 tjames on DSK6SPTVN1PROD with SENATE S3672 CONGRESSIONAL RECORD — SENATE June 4, 2012 just in my State of Arizona, there are The real trade-off is between govern- lion spending we will be doing here. about 33,200 private-sector jobs at risk ment jobs and jobs created in the pri- There certainly is $109 billion in sav- if these automatic defense cuts were to vate sector. Leaving more money with ings we can achieve, and there have take place. the job creators in the private sector been several proposals already as to But—and this is my second point— enables them to create those jobs. Tak- how that can be done. And it can be most Federal spending, certainly in- ing more of it away and sending it to done without losing Federal jobs, it cluding defense spending, is for pur- Washington for Washington to redis- can be done without negatively impact- poses other than stimulating the econ- tribute takes away from job creation. ing the economy, and it needs to be omy. I support spending for national As I have noted many times, the last done under the law because Congress security because it is necessary for the 3-plus years have shown we can’t spend promised that we would save that $109 Nation, not because it also happens to our way to economic growth and pros- billion next year. It is just a matter of provide jobs. And that is the way it is perity; that is, we—the Federal Gov- whether we will do so intelligently, with a lot of Federal spending. We sup- ernment—can’t spend our way to making the decisions we can make— port the programs because they satisfy growth and prosperity because the and that our constituents expect us to a need, and certainly the No.1 need of money we spend either has to come make—in an intelligent way, setting those of us in the Congress and the from taxpayers or be borrowed and priorities, or whether we will simply President is to provide for the national eventually be paid back by taxpayers. succumb to the notion that we can’t defense. So we spend what we think is The stimulus was supposed to keep un- make a decision, so we will let it hap- necessary each year to provide for the employment below 8 percent, but we pen across the board. national defense. The fact that also can have just marked the 40th straight Just to give an illustration, how create some jobs is a side benefit, if month of unemployment higher than 8 would you like to be a Navy admiral you will, in an economic sense, but it is percent—above 8 percent. I think such who hears the words: Here is your 80 not the reason we do the spending in outcomes demonstrate why Repub- percent of a submarine, admiral. It the first place. If that spending is cut licans oppose these Keynesian spending doesn’t work that way. If we need the way back, however, there is no ques- policies. They simply don’t work. If submarine, we need to pay for 100 per- tion that jobs will be lost, and I think they did, we would be rolling in dough cent of the submarine and cut some- that is worth pointing out in the con- right now after four consecutive tril- where else. That is all we are sug- text of a discussion about economic re- lion-dollar deficit spending sprees. gesting. We need to do that while the covery. To set the record straight, Repub- planning can be done for next year; What I would not do is support un- licans are not arguing that the Depart- otherwise, we are going to have a very necessary spending on defense or any- ment of Defense is a jobs program. It is inefficient and Draconian cut coming thing else just to create more govern- necessary for our national defense. up that is not going to benefit anyone. ment-supported jobs, just for the sake That is why we spend the money. We Again, I urge my colleagues, let’s of stimulating the economy. The tax- are not saying we are going to fix the find a way to get together, find those payers don’t have enough money to economy by undoing the defense cuts savings, and get that done before we contribute to the Federal Government under the sequestration. We are not get toward the end of the year, when for that purpose. We should spend what even saying defense-related jobs are the departments can do the planning is necessary and no more. So sup- the most important sequester-related we will be asking them to do. porting existing defense jobs is very issue. What we are saying is that de- Mr. President, I suggest the absence different from supporting redistribu- fense cuts are very dangerous for our of a quorum. tionist government stimulus spending national security, and if they go The ACTING PRESIDENT pro tem- for jobs there is no demand for and on through, not only is our safety jeopard- pore. The clerk will call the roll. government payments for things such ized, but we may have more than 1 mil- The assistant legislative clerk pro- as food stamps and other transfer pay- lion newly unemployed Americans. ceeded to call the roll. ments that don’t necessarily translate That is not a desirable outcome, and Mr. INHOFE. Madam President, I ask to new jobs but simply move money that is worth talking about. That is unanimous consent that the order for around. The difference, really, is how something we must keep in mind as the quorum call be rescinded. you spend the money. this debate goes forward. The PRESIDING OFFICER (Mrs. Just to reiterate, Republicans sup- In conclusion, I renew my call to my SHAHEEN). Without objection, it is so port defense jobs because they produce Democratic colleagues and to our ordered. something essential to our national se- House colleagues to get together—Re- Mr. INHOFE. Madam President, let curity and the things they relate to— publicans and Democrats, House and me first of all express my appreciation intelligence and making equipment Senate—to do something we all know to the majority. I understand I am to and weapons and so on. The jobs that is in the best interest of the country: be given some 40 minutes after the vote produces are incidental to the primary avoid the automatic sequestration, half at the conclusion of the remarks by reason we support those jobs. of which applies to defense—we are all Senator BROWN of Ohio. I have a sub- Keynesians support redistributionist for a strong national defense—and half ject that is very significant, and it is government stimulus spending because of which applies to all the other discre- one I cannot do while being inter- they think government spending boosts tionary spending programs. All those rupted. So I appreciate starting this jobs and economic growth by increas- things will suffer if we don’t period off after the recess being able to ing consumer demand, as I said. But reprioritize our spending and our re- express my concern over what I refer to this zero-sum thinking may result in ductions in spending as opposed to al- as President Obama’s war on fossil the redistribution of resources from lowing this to happen across the board. fuels and specifically today on coal. I one group of Americans to another but We do that by finding offsets we can look forward to that sometime around doesn’t necessarily result in any net agree upon in a way that will, as I said, the 6 o’clock hour. new production or economic growth. set the priorities and enable the de- With that, I yield the floor and sug- It is said, for example, that we could partments of government that have to gest the absence of a quorum. pay people to dig holes and then fill plan for the future to do so in an intel- The PRESIDING OFFICER. The them up again and we would have cre- ligent way rather than simply knowing clerk will call the roll. ated jobs but we wouldn’t have created at the end of the year they are all The bill clerk proceeded to call the any productivity or growth for the going to have to have an across-the- roll. economy per se. Unfortunately, very board cut that isn’t in anyone’s best in- Mr. CARDIN. Madam President, I ask often the group left paying the bill is terest. unanimous consent that the order for the very group of people we rely upon It is not as if we are suggesting doing the quorum call be rescinded. to create the new jobs—in this case, away with the savings that would re- The PRESIDING OFFICER. Without the taxpayers, especially small busi- sult from sequestration, which is $109 objection, it is so ordered. ness folks, whom we call upon to create billion for next year. Well, believe me, Mr. CARDIN. Madam President, I the jobs coming out of the recession. there is $109 billion in the $3-plus tril- rise to support the Paycheck Fairness

VerDate Mar 15 2010 02:33 Jun 05, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G04JN6.010 S04JNPT1 tjames on DSK6SPTVN1PROD with SENATE June 4, 2012 CONGRESSIONAL RECORD — SENATE S3673 Act that we are going to have a chance gress did the right thing. But basically of required data collection reports . . . to vote on tomorrow. I hope my col- we held the line on allowing enforce- and the most effective format for data leagues will support the effort of my ment rather than advancing what we collection.’’ colleague Senator MIKULSKI in allow- need to, to make sure we have an effec- We have heard about the cumulative ing S. 3220 to move forward. I congratu- tive remedy for discrimination against information: Why can’t we simplify it? late my colleague Senator MIKULSKI women in our workplaces. Why can’t we combine it? Why can’t we for her incredible leadership on behalf That is exactly what the Paycheck be sensitive to small businesses? The of women’s issues. She has done that Fairness Act does. It provides for an ef- Paycheck Fairness Act in our language throughout her entire career, and we fective enforcement so women, in fact, makes it clear these regulations must knew she would be in the forefront of can hold their employers responsible if be sensitive to the special needs of this effort for paycheck fairness. I am the disparity is based upon their gen- small businesses to make sure, in fact, proud to stand shoulder to shoulder der, which should not be in America. this bill provides an effective remedy with her in this fight for basic justice The Paycheck Fairness Act would re- without excessive burdens on the busi- in our Nation, to provide equality of quire employers to show pay disparity ness community. pay in this country based upon a per- is truly related to business justifica- In my own State of Maryland, the son’s work and not a person’s gender. tions and job performance and not gen- gender pay gap is 14.6 percent, accord- It builds on the Equal Pay Act of 1963 der. It prohibits employer retaliation ing to the Joint Economic Committee. that was signed by President Kennedy. for sharing salary information with co- In Maryland, women’s median weekly Yes, 1963 was the year Congress first workers. Under current law, employers wage for full-time workers is $822, spoke and said we are going to have can sue and punish employees for shar- while men’s is $962. That is not right. equal pay for equal work in America, ing such information. In addition, this In Maryland, over one-third of married, that America would show leadership legislation strengthens remedies for employed mothers are their families’ internationally to say: Let’s end dis- pay discrimination by increasing com- primary wage earner. Maryland women crimination against women in the pensation women can seek. contribute, on average, over 40 percent workplace. The Paycheck Fairness Act also of family wages and salary income to That legislation fought sex discrimi- would strengthen the ability of the De- their households. It is time for women nation in employment wages, including partment of Labor to help women who live in Maryland—or who live in the fact that such discrimination not achieve pay equity by requiring the De- any State in our Nation—to get fair only depressed wages and living stand- partment of Labor to enhance outreach pay for the work they do. ards for female employees, but it af- and training efforts to work with em- I have the opportunity to chair the fected our entire labor resources here ployers to eliminate pay disparities subcommittee on the Senate Foreign in America, holding back the develop- and to continue to collect and dissemi- Relations Committee that deals with ment of our country. Title VII of the nate wage information based on gen- international development assistance. Civil Rights Act of 1964 prohibits em- der. I have worked very closely with Sec- ployers from engaging in discrimina- The purpose of this act is to avoid retary of State Clinton to deal with tion against their employees based on discriminatory pay, not to sue employ- gender issues internationally. gender. ers after the fact. Therefore, this bill, We have discovered something that Today, women still face a pay gap. In the Paycheck Fairness Act, is well bal- should be pretty obvious, but it is 1963, women made 59 cents for every $1 anced in providing remedies, yes, if, in something that is very telling. The made by a man. Those were the num- fact, an employer is discriminating on way a nation treats its women will bers in 1963. Today, women make just pay based on gender but to provide help very much be a barometer as to how 77 cents for every $1 made by a man for to employers so they can take the ap- well that nation is doing—how well equal work or comparable duties. That propriate steps to make sure, in fact, they are doing with economic growth, means a woman has to work 4 days to their workforce is fairly paying their how stable their government is. The get 3 days’ pay. That is not acceptable. employees. United States has been a leader in I understand we have made some The legislation makes clear that em- working with countries around the progress since 1963, but one would ployers are liable only for wage dif- world to treat women right, to do land think that within a 50-year span we ferentials that are not bona fide fac- reform so that the women who work could have done better. tors. Bona fide factors include items the fields also own the property they The Paycheck Fairness Act will such as education, training or experi- are working, to make sure they share allow us to reach our goal of equal pay ence and must be job related and con- fairly in the fruits of their labor. We for equal work. Estimates indicate that sistent with business necessity. Em- have been a leader internationally. I the wage gap costs women, on average, ployees will also be able to argue that am proud of the progress we are mak- $434,000 over their careers. While I am employers should use alternative em- ing. I am proud of what Secretary Clin- pleased we are making progress, this ployment practices that would serve ton and President Obama have done in progress is just too slow, and we need the same business purpose without pro- showing the world that it is in a na- to move more aggressively to close this ducing the wage differential. tion’s interests to make sure women pay gap in the year 2012. The legislation is crafted to avoid are properly dealt with, that they have Congress took another important any undue burden on small businesses. proper education, that they are in- step forward for equal rights for women I think the Presiding Officer and I both cluded in the system for education, for by passing the Lilly Ledbetter Fair understand the importance of small health care, for job training, for all of Pay Act. The legislation allows plain- businesses with the work we do on the those issues, and are treated fairly tiffs to sue for wage discrimination Small Business Committee. This act is when it comes to the economic rewards based on each new discriminatory pay- delayed from taking effect until 6 for the work they do. But it starts with check they receive. In this case, Con- months after its passage so the Labor us doing what is right in America. gress overturned a decision of the U.S. Secretary and EEOC can develop tech- Fifty years is too long for women to Supreme Court which held that women nical assistance materials to assist wait for equal pay after Congress took were only allowed to sue their employ- small businesses in complying with the action in 1963. As a father and grand- ers within 180 days after the discrimi- new law, and the agencies are charged father of strong, intelligent women, nation began, even if the women were with engaging in research, education, pay equity is a personal issue for me. I not aware the discrimination was oc- and outreach on the new law. want my two granddaughters to know curring, as a result of not knowing The EEOC is charged with issuing that when they grow up, they will be their coworkers’ wages. regulations to provide for the collec- paid fairly for the work and not 77 Quite frankly, I think the Supreme tion of pay information from employ- cents for every dollar of their male Court decision defies logic. How can ers. The law specifically states that counterparts. someone possibly bring a case within these regulations should ‘‘consider fac- I am proud to stand with Senator MI- 180 days if they do not know about the tors including the imposition of bur- KULSKI in this fight to finally ensure discriminatory pay differential? Con- dens on the employers, the frequency that equal pay for equal work becomes

VerDate Mar 15 2010 02:33 Jun 05, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G04JN6.016 S04JNPT1 tjames on DSK6SPTVN1PROD with SENATE S3674 CONGRESSIONAL RECORD — SENATE June 4, 2012 a reality for all women and men. I am reached to consider his nomination By comparison, the vacancy rate re- pleased that this legislation is en- today. Once we vote on Judge Hillman, mains nearly twice what it was at this dorsed by a large number of organiza- we need to agree to vote on the 15 point in the first term of President tions that have been in the forefront of other judicial nominees stalled on the Bush. While vacancies were reduced fighting for equal justice in America. Executive calendar because there are below 50 by May of President Bush’s It is time to act and pass the Paycheck still far too many vacancies plaguing fourth year, in June of President Fairness Act. our courts today. Obama’s fourth year they remain in I suggest the absence of a quorum. The Congressional Research Service the mid-70s. They remained near or The PRESIDING OFFICER. The recently released a report about the above 80 for nearly 3 years. We are clerk will call the roll. treatment of President Obama’s judi- more than 30 confirmations behind the The bill clerk proceeded to call the cial nominations that confirms what pace we set in 2001 through 2004. Of roll. we already know—that Senate Repub- course, we could move forward if the Mr. LEAHY. Madam President, I ask licans have held President Obama’s Senate were allowed to vote without unanimous consent that the order for nominees to a different and unfair further delay on the 16 judicial nomi- the quorum call be rescinded. standard. For example, 95 percent of nees ready for final action. The Senate The PRESIDING OFFICER. Without district court nominees in President could reduce vacancies below 60 and objection, it is so ordered. George W. Bush’s first term were con- make progress. f firmed, while only 78 percent of Presi- The recently released CRS Report dent Obama’s district court nominees also notes that in five of the last eight EXECUTIVE SESSION have been confirmed. Presidential election years, the Senate President Obama’s nominees are also has confirmed at least 22 nominees NOMINATION OF TIMOTHY S. being delayed and forced to wait far after May 31. Because of how far we are HILLMAN TO BE UNITED STATES longer on the Senate floor than Presi- lagging from President Bush’s record of DISTRICT JUDGE FOR THE DIS- dent Bush’s nominees. The median wait confirmations, we should be working to TRICT OF MASSACHUSETTS time for President Obama’s district exceed those numbers. We can start nominees after having been reported today by confirming Judge Hillman The PRESIDING OFFICER. Under favorably out of Committee is more and the other 15 judicial nominees the previous order, the Senate will pro- than 4 times longer than for President ready for final Senate action. Another ceed to executive session to consider Bush’s district nominees. The median five judicial nominees were ready for the following nomination, which the wait time for President Obama’s cir- final Judicial Committee action in clerk will report. cuit nominees is 7.3 times longer than May but held over by Committee Re- The bill clerk read the nomination of for President Bush’s circuit nominees. publicans. Those five nominees should Timothy S. Hillman, of Massachusetts, The simple fact is that the Senate is be voted out of the Committee this to be United States District Judge for still lagging far behind what we accom- Thursday. In addition, we are holding a the District of Massachusetts. plished during the first term of Presi- hearing for another three judicial The PRESIDING OFFICER. Under dent George W. Bush. During President nominees this Wednesday. With co- the previous order, there will be 30 Bush’s first term we reduced the num- operation from Senate Republicans the minutes of debate equally divided in ber of judicial vacancies by almost 75 Senate could make real progress and the usual form. percent. When I became Chairman in match what we have accomplished in Mr. LEAHY. Madam President, the summer of 2001, there were 110 va- prior years. today, the Senate will vote on the cancies. As chairman, I worked with Timothy Hillman was rated unani- nomination of Timothy Hillman to fill the administration and Senators from mously well qualified by the ABA’s a judicial vacancy in the U.S. District both sides of the aisle to confirm 100 Standing Committee on the Federal Court for the District of Massachu- judicial nominees of a conservative Re- Judiciary, the highest possible rating. setts. Judge Hillman has the strong bi- publican President in 17 months. He has been a federal magistrate judge partisan support of his home state Sen- Senate Democrats continued when in on the court in which he has been nom- ators. His nomination was reported the minority to work with Senate Re- inated for nearly 6 years. Prior to his with a near unanimous vote of 17–1 by publicans to confirm President Bush’s service as a magistrate judge, Judge the Judiciary Committee nearly 3 consensus judicial nominations well Hillman served for 15 years as a state months ago, with the only objection into 2004, a Presidential election year. court judge on the Massachusetts Su- coming from Senator LEE’s customary At the end of that Presidential term, perior Court and the Massachusetts protest vote. I thank the majority the Senate had acted to confirm 205 District Court. He has also spent sig- leader for his work in securing a vote circuit and district court nominees. In nificant time in private practice and on Judge Hillman’s nomination. May 2004, we reduced judicial vacancies several years of experience as an As- I would note, however, that we have to below 50 on the way to 28 that Au- sistant District Attorney in the passed over consideration of four other gust. Despite 2004 being an election Worcester County District Attorney’s nominees who are all listed on the ex- year, we were able to reduce vacancies Office. ecutive calendar ahead of Judge to the lowest level in the last 20 years. Judge Hillman is a respected and ex- Hillman. Those nominees—Andrew At a time of great turmoil and political perienced jurist in Massachusetts. His Hurwitz for the Ninth Circuit, Jeffrey confrontation, despite the attack on 9/ nomination has the strong support of Helmick for the Northern District of 11, the anthrax letters shutting down both his home state Senators, Senator Ohio, Patty Shwartz for the Third Cir- Senate offices, and the ideologically- JOHN KERRY and Senator SCOTT BROWN, cuit, and Mary Lewis for the District of driven judicial selections of President who introduced him to the Judiciary South Carolina—are all extremely well Bush, we worked together to promptly Committee at his hearing in February. qualified, have the support of their confirm consensus nominees and sig- Senator BROWN said of Judge home state Senators, were reported fa- nificantly reduce judicial vacancies. By Hillman: vorably out of the Judiciary Com- working together, we lowered vacancy We have in Judge Hillman somebody who mittee, and deserve an up-or-down rates more than twice as quickly as is greatly respected in Massachusetts and es- vote. I hope we will have a vote on Senate Republicans have allowed dur- pecially in the Worcester area through his them soon. ing President Obama’s first term. innovation and integrity and dedication to Judge Hillman could and should have In October 2008, another presidential fairness. He is really to be commended, and been confirmed back in March when election year, we again worked to re- I want to thank he and his wife for, obvi- the Majority Leader first filed cloture duce judicial vacancies and were able ously, putting up with the process. And I am on his nomination. While I regret that to get back down to 34 vacancies. I ac- going to do everything in my power to en- courage my colleagues to make sure that we he was not part of the original agree- commodated Senate Republicans and get a vote on this right away, because Mas- ment reached by the Majority Leader continued holding expedited hearings sachusetts needs a jurist like him right away and the Republican leader for a floor and votes on judicial nominations into to do the people’s business, and that is so vote, I am glad that an agreement was September 2008. critically important.

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