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Congressional Record—Senate S759

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Congressional Record—Senate S759 January 22, 2009 CONGRESSIONAL RECORD — SENATE S759 out. That did not happen on this bill. Tester Udall (NM) Whitehouse ADMINISTRATION OF OATH OF So we are trying to get some clarifica- Udall (CO) Warner Wyden OFFICE tion done. NAYS—41 The VICE PRESIDENT. If the Sen- I appreciate that the Senator from Alexander DeMint McCain ator-designate will now present himself Maryland put some things in the Barrasso Ensign McConnell Bennett Enzi Murkowski at the desk, the Chair will administer RECORD that show legislative intent. I Bond Graham Risch the oath of office. prefer to have it in the bill. That is Brownback Grassley Roberts Mr. BENNET, escorted by Mr. why my amendment is in here. It is an Bunning Gregg Sessions Salazar and Mr. UDALL of Colorado, ad- Burr Hatch attempt to remove some of the legal Shelby vanced to the desk of the Vice Presi- Chambliss Hutchison Specter uncertainty this bill will create. It will Coburn Inhofe Thune dent; the oath prescribed by law was Cochran Isakson clarify who is able to sue under title Vitter administered to him by the Vice Presi- Collins Johanns VII. Voinovich Corker Kyl dent; and he subscribed to the oath in Under my amendment, only the per- Cornyn Lugar Webb the Official Oath Book. son who has experienced discrimina- Crapo Martinez Wicker (Applause, Members standing.) tion can bring a lawsuit. Without my NOT VOTING—1 f amendment the door is left open to any Kennedy affected individual. This is an unde- APPOINTMENT fined term in the statute. The motion was agreed to. The PRESIDING OFFICER (Ms. Senator MIKULSKI and I have had AMENDMENT NO. 29 KLOBUCHAR). Pursuant to the provi- some back and forth about what the The PRESIDING OFFICER. The sions of section 201(a)(2) of the Congres- language means. The truth is, without question is on amendment No. 29. sional Budget Act of 1974, the Speaker my amendment the courts will be able Ms. MIKULSKI. Mr. President, I un- of the House of Representatives and to define the term any way they want derstand amendment 29 is now the the President Pro Tempore of the Sen- to. If you want to ensure that only the pending business. I thank Senator ENZI ate hereby appoint Dr. Douglas W. El- person affected has standing to sue, for allowing us to dispose of his amend- mendorf as Director of the Congres- then support my amendment. ment through a voice vote. I move to sional Budget Office effective imme- The PRESIDING OFFICER. The Sen- table the Enzi amendment No. 29. diately for the remainder of the term ator from Maryland. The PRESIDING OFFICER. If all expiring January 3, 2011. Ms. MIKULSKI. Mr. President, the time is yielded back, the question is on The PRESIDING OFFICER. The ma- Enzi amendment is unnecessary. The agreeing to the motion to table amend- jority leader is recognized. ‘‘affected by’’ language is not vague. ment No. 29. Mr. REID. I suggest the absence of a Our bill only applies to workers and The motion was agreed to. quorum. their employers. Ms. MIKULSKI. I move to reconsider The PRESIDING OFFICER. The Other parts of title VII that our bill the vote and to lay that motion on the clerk will call the roll. does not change make this clear. The table. The legislative clerk proceeded to ‘‘affected’’ language is patterned after The motion to lay on the table was call the roll. the Civil Rights Act of 1991. It has been agreed to. Ms. MIKULSKI. Madam President, I around for 17 years and no one has ask unanimous consent that the order tried to interpret it to apply to grand- f for the quorum call be rescinded. The PRESIDING OFFICER. Without parents, spouses, or children, or anyone objection, it is so ordered. else other than the worker. CERTIFICATE OF APPOINTMENT f I understand the Enzi amendment The VICE PRESIDENT. The Chair No. 28 is now pending. I move to table lays before the Senate the certificate LILLY LEDBETTER FAIR PAY ACT the amendment and ask for the yeas of appointment to fill the vacancy cre- OF 2009—Continued and nays. ated by the resignation of former Sen- Ms. MIKULSKI. Madam President, I The PRESIDING OFFICER. Is there a ator Ken Salazar of Colorado. The cer- ask unanimous consent that Senator sufficient second? tificate, the Chair is advised, is in the REED of Rhode Island be recognized for There appears to be a sufficient sec- form suggested by the Senate. up to 5 minutes to speak on the bill; ond. Since there is no objection, the read- that following his remarks, the Senate The question is on agreeing to the ing of the certificate will be waived resume consideration of the Isakson motion. and will be printed in full in the amendment No. 37, with up to 10 min- The clerk will call the roll. RECORD. utes equally divided between Senator The legislative clerk called the roll. There being no objection, the mate- ISAKSON and myself, or our designees; Mr. DURBIN. I announce that the rial was ordered to be printed in the that upon the use or yielding back of Senator from Massachusetts (Mr. KEN- RECORD, as follows: time on the Isakson amendment, the NEDY) is necessarily absent. STATE OF COLORADO Senate resume consideration of the The PRESIDING OFFICER. Are there CERTIFICATE OF APPOINTMENT DeMint amendment No. 31, with 20 any other Senators in the Chamber de- To the President of the Senate of the United minutes of debate, 10 minutes under siring to vote? States: the control of Senator DEMINT or his The result was announced—yeas 55, This is to certify that, pursuant to the designee, 5 minutes each under the con- nays 41, as follows: power vested in me by the Constitution of trol of Senator MIKULSKI, me, and Sen- the United States and the laws of the State [Rollcall Vote No. 10 Leg.] ator ALEXANDER or our designees; that of Colorado, I, Bill Ritter, Jr., the governor YEAS—55 following the use or yielding back of of said State, do hereby appoint Michael F. time on the DeMint amendment, the Akaka Feingold Menendez Bennet a Senator from said State to rep- Baucus Feinstein Merkley resent said State in the Senate of the United Senate proceed to vote in relation to Bayh Hagan Mikulski States until the vacancy therein caused by the following amendments: DeMint No. Begich Harkin Murray the resignation of Ken Salazar, is filled by 31, and Isakson No. 37; further, that no Bingaman Inouye Nelson (FL) election as provided by law. amendments be in order to the pending Boxer Johnson Nelson (NE) Brown Kaufman Witness: His Excellency our Governor Bill DeMint or Isakson amendments prior Pryor Ritter, Jr., and our seal hereto affixed at Burris Kerry Reed to the votes; and that there be 2 min- Byrd Klobuchar Denver, Colorado this 21st day of January, in Reid utes of debate equally divided between Cantwell Kohl Rockefeller the year of our Lord 2009. Cardin Landrieu the votes. Sanders By the Governor: Carper Lautenberg The PRESIDING OFFICER. Is there BILL RITTER, Jr., Casey Leahy Schumer Shaheen Governor. objection? Conrad Levin Without objection, it is so ordered. Dodd Lieberman Snowe BERNIE BUESCHER, Dorgan Lincoln Stabenow Secretary of State. Ms. MIKULSKI. Madam President, I Durbin McCaskill [State Seal Affixed] will yield the floor to Senator REED. I VerDate Aug 31 2005 10:48 Jan 23, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\PICKUP\S22JA9.REC S22JA9 cprice-sewell on PROD1PC72 with SENATE S760 CONGRESSIONAL RECORD — SENATE January 22, 2009 first thank Senator HARKIN for man- burg noted in her Ledbetter dissent, rights era came and the civil rights aging the bill during the Lilly such a law is ‘‘more in tune with the laws were passed. After the passage of Ledbetter press conference. His devo- realities of the workplace.’’ I entirely the Civil Rights Act, I ran a real estate tion to this issue is well known. agree. brokerage company and saw the transi- The PRESIDING OFFICER. The Sen- The Supreme Court majority failed tion to fair housing from housing dis- ator from Rhode Island is recognized. to recognize these commonsense reali- crimination. I understand the ramifica- Mr. REED. Thank you, Madam Presi- ties, including that pay disparities tions of the Civil Rights Act, and I am dent. And I thank Senator MIKULSKI. typically occur incrementally and de- proud and appreciative of what it has First, let me commend Senator MI- velop slowly over time, and they are helped us to accomplish. KULSKI for her extraordinary leadership not easily identifiable and are often The 180 days in the statute of limita- on this legislation, along with Senator kept hidden by employers. Many em- tions applies to every facet of that act. HARKIN and also Senator KENNEDY, who ployees generally do not have knowl- It applies to housing discrimination have been a driving force to ensure this edge of their fellow coworkers’ salaries and, obviously, in this case it applied legislation came to the floor and is or how decisions on pay are made. to employment and pay discrimination. ready for passage. Our Nation has certainly made Obviously, with the votes that have I strongly support the Lilly progress on ensuring fairness, justice, taken place and the failure of the Ledbetter Fair Pay Act of 2009. This and equality in the workplace. How- Hutchison amendment, it is pretty ob- bill is about ensuring that all Ameri- ever, we know there are still signifi- vious which direction the bill is going. cans are protected from pay discrimi- cant barriers to overcome in closing So it is time we ask ourselves one nation and treated fairly in the work- the pay gap and making certain that question: Is it fair to reach back to the place, particularly during these tough an individual’s gender, race, religion, 1960s, repeal a statute of limitations economic times.
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