S6292 CONGRESSIONAL RECORD — SENATE September 25, 2018 CLOTURE MOTION Udall Warner Whitehouse Songwriting is an art. I know this be- Van Hollen Warren Wyden cause I have done it myself. I have The PRESIDING OFFICER. Pursuant NOT VOTING—1 written dozens of songs over the years, to rule XXII, the Chair lays before the and I even earned a gold and a plat- Senate the pending cloture motion, Flake inum record. I know firsthand how which the clerk will state. The PRESIDING OFFICER. On this small the royalties are, even when your vote, the yeas are 50, the nays are 49. The senior assistant legislative clerk song is a success. It is time to change The motion is agreed to. read as follows: that. The Music Modernization Act will CLOTURE MOTION f do so. We, the undersigned Senators, in accord- EXECUTIVE CALENDAR The heart of the bill is the creation ance with the provisions of rule XXII of the of a mechanical licensing collective to Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The administer reproduction and distribu- move to bring to a close debate on the nomi- clerk will report the nomination. tion rights for digital music. One of the nation of Peter A. Feldman, of the District The senior assistant legislative clerk driving forces in recent years of the de- of Columbia, to be a Commissioner of the read the nomination of Peter A. Feld- cline in songwriter royalties has been Consumer Product Safety Commission for a man, of the District of Columbia, to be the transition to digital music. This term of seven years from October 27, 2019. a Commissioner of the Consumer Prod- may seem a bit surprising as one might (Reappointment) uct Safety Commission for a term of think that the availability of millions Mitch McConnell, Richard C. Shelby, seven years from October 27, 2019. (Re- Todd Young, Pat Roberts, Thom Tillis, of songs at the click of a mouse will Cory Gardner, Roger F. Wicker, Mike appointment) lead to more royalties, given that more Rounds, David Perdue, John Boozman, The PRESIDING OFFICER. The Sen- music than ever before is now available Roy Blunt, Jerry Moran, Lamar Alex- ator from Utah. instantaneously. ander, John Thune, Tim Scott, John ORRIN G. HATCH MUSIC MODERNIZATION ACT The problem is that these big digital Barrasso, Steve Daines. Mr. HATCH. Mr. President, this music companies, like Pandora and The PRESIDING OFFICER. By unan- week, the House of Representatives Spotify, with their catalogs of millions imous consent, the mandatory quorum will pass and send to the President the of songs, simply don’t have the capa- call has been waived. most important copyright reform in bility to find every single songwriter The question is, Is it the sense of the decades. The name of the bill, which for every single one of the songs they Senate that debate on the nomination passed this body by unanimous vote play. Tracking down the recording art- of Peter A. Feldman, of the District of last week, is the Orrin G. Hatch–Bob ist—that is, the singer—usually can be Columbia, to be a Commissioner of the Goodlatte Music Modernization Act. done, but finding songwriters is a dif- Consumer Product Safety Commission As the Senate was considering the ferent story. The bill creates a mechanical licens- for a term of seven years from October bill, my good friend from Tennessee, ing collective that is tasked with iden- 27, 2019, (Reappointment), shall be Senator ALEXANDER, asked to rename tifying songwriters, matching them to brought to a close? the bill in my honor. I was touched by sound recordings, and then ensuring The yeas and nays are mandatory this kind gesture from my good friend and by the willingness of my colleagues that a songwriter actually gets paid as under the rule. he or she should. Importantly, this col- The clerk will call the roll. to agree to this suggestion. It wasn’t necessary though. lective will be run by songwriters The senior assistant legislative clerk themselves and by their representa- We are also adding to the bill the called the roll. tives in the publishing community. name of the retiring House Judiciary Mr. CORNYN. The following Senator This is an enormous victory for song- is necessarily absent: the Senator from Committee chairman, BOB GOODLATTE, writers. For the first time in history, in recognition of all he has done to get Arizona (Mr. FLAKE). songwriters and their representatives this bill across the finish line and to The PRESIDING OFFICER (Mr. will be in charge of making sure they improve our Nation’s copyright laws. HOEVEN). Are there any other Senators get paid when their songs get played. The Music Modernization Act was in the Chamber desiring to vote? This is not the only thing the bill years in the making. It was the result does, not by a long shot. It also The yeas and nays resulted—yeas 50, of countless hours of hard work and nays 49, as follows: changes the rate standard for reproduc- many late nights by staff, stake- tion and distribution rights to ensure [Rollcall Vote No. 216 Ex.] holders, and Members of this body. My that songwriters get paid a fair market YEAS—50 friend from Tennessee, Senator ALEX- rate, and it provides important protec- Alexander Gardner Paul ANDER, did an outstanding job last tions to digital music companies. It Barrasso Graham Perdue week here on the floor explaining the creates a blanket digital license for Blunt Grassley Portman need for the bill and how it will im- Boozman Hatch companies like Pandora and Spotify so Risch prove the music marketplace. I will Burr Heller Roberts that they can have certainty that they Capito Hoeven Rounds provide a brief summary at this time. will not be sued when they offer songs Cassidy Hyde-Smith Rubio Our current music licensing laws are for download or interactive streaming. Collins Inhofe Sasse Corker Isakson badly out of date. Too often, song- It also provides a liability shield Scott Cornyn Johnson writers don’t get paid when their songs Shelby against past infringement, provided Cotton Kennedy Sullivan get played, and even when they do get certain conditions are met—again, so Crapo Kyl paid, they don’t get paid at a fair mar- Cruz Lankford Thune that digital music companies can have Daines Lee Tillis ket rate. This has made it increasingly certainty in going forward. Enzi McConnell Toomey difficult for songwriters to make a liv- The Music Modernization Act also Ernst Moran Wicker ing doing what they love and has makes important changes to perform- Fischer Murkowski Young harmed our entire music industry. ance rights. It creates a Federal per- NAYS—49 Some have even left the field of writing formance right for pre-1972 sound re- Baldwin Gillibrand Merkley songs. They have given up, and I really cordings and moves our licensing laws Bennet Harris Murphy lament that. away from the patchwork of incon- Blumenthal Hassan Murray Songwriters are the lifeblood of Booker Heinrich sistent State laws and toward a more Nelson American music. In order to have a Brown Heitkamp Peters uniform, coherent Federal standard. It Cantwell Hirono Reed great single or a great album, you first ends the rate carve-out that legacy Cardin Jones Sanders have to have a great song. You need cable and satellite providers have en- Carper Kaine Schatz Casey King the music. You need the lyrics. And joyed for two decades that has allowed Schumer Coons Klobuchar you need them to fit together in a way them to pay below-market rates and Shaheen Cortez Masto Leahy Smith that makes you feel something, that stave off meaningful competition. This Donnelly Manchin tugs at your heart and your will result in fairer rates for recording Duckworth Markey Stabenow Durbin McCaskill Tester heartstrings, that makes you feel ex- artists and create a more level playing Feinstein Menendez cited or peaceful or nostalgic. field for new market entrants.

VerDate Sep 11 2014 00:47 Sep 29, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD18\SEPTEMBER\S25SE8.REC S25SE8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6293 The bill also provides that rate pro- need to recognize David Cleary, his bill possible and who did a superb job of ceedings for performance rights will ro- chief of staff; Lindsay Garcia, his gen- educating Congress on the need for this tate among judges and that judges may eral counsel; and Paul McKernan, his bill and how it is going to make a dif- consider sound recording royalty rates former legislative assistant. They were ference for songwriters and musicians. when setting corresponding rates for wonderful to work with and deserve The first are the Nashville Song- musical works, and it makes a clear tremendous credit for this victory. writers Association International and statement that the Department of Jus- I next need to thank Senator WHITE- Songwriters of North America, which tice should work with Congress to en- HOUSE, who has been with me through- helped me and my colleagues to under- sure there is a proper framework in out this entire journey as well. His stand how our current laws are hurting place to administer performance rights chief counsel, Lara Quint, has been a songwriters and what we needed to do for musical works in the event the De- terrific help and an important liaison to help them. Next is the National partment decides it is time to sunset with my Democratic colleagues. Music Publishers Association, which the ASCAP and BMI consent decrees. I need to thank Chairman GRASSLEY, refused to give up on this bill even Lastly, the bill puts in place a formal who shepherded this bill through the when the path forward looked murky process for producers, sound engineers, committee and made important con- at best. ASCAP and BMI were also cru- and other behind-the-scenes players to tributions to the bill’s oversight and cial players that helped to energize receive a share of the performance roy- transparency provisions. His deputy tens of thousands of songwriters to alties. This will help to ensure that all staff director and chief civil counsel, support this effort. of the participants in the music-mak- Rita Lari, put a lot of work into this I next need to thank the Recording ing process are fairly compensated for bill and into the accompanying com- Industry Association of America, as their contributions. mittee report. Her determination and well as SoundExchange and the Re- As one can see, the Orrin G. Hatch- dedication made this bill better and cording Academy, for their work on be- Bob Goodlatte Music Modernization helped to bring us to this point today. half of recording artists and their will- Act is a comprehensive piece of legisla- Ranking Member FEINSTEIN deserves ingness to make the necessary com- tion that will have wide-ranging im- significant credit as does her counsel, promises to get this bill through. pacts across the music landscape. It Anant Raut. They helped to make this The Digital Media Association and touches all sectors of the music indus- bill a bipartisan success. its member companies, including Ama- try and makes important reforms to Senator COONS played a pivotal role zon, Apple, Microsoft, Pandora, Rhap- ensure that songwriters, musicians, in this legislation. He was a champion sody, Spotify, and YouTube, also de- and other key contributors to Amer- of title II, the CLASSICS Act, which serve special recognition. They were ican music are treated fairly. creates a Federal performance right for essential in helping me and my col- There is a reason this bill passed the pre-1972 sound recordings. Special rec- leagues to understand the uncertain- Senate unanimously and why it will ognition goes to Jamie Simpson, in his ties of the current digital music mar- pass the House with overwhelming sup- office, who led us through some chal- ketplace and why the reforms in the port, which is that all sides of the lenging negotiations and made sure we Music Modernization Act are necessary music industry came together to find a came out all right. to the continued growth and success of way to make our music laws better, to Senator KENNEDY was the Republican the digital music ecosystem. The Inter- make them function properly, and to lead on the CLASSICS Act, and I am net Association similarly played an update them for the digital age. No glad to have had this opportunity to important educative function, and I side got everything it wanted, but ev- work with him and with Nick thank the association and its members eryone got something. At the end of Hawatmeh and Brittany Sadler from for their support. the day, we have a piece of legislation The final industry stakeholder I his staff. we can all be proud of. would like to thank is the National As- I also need to recognize two House Now, the fact that this bill passed sociation of Broadcasters. In par- colleagues. The first is Representative unanimously does not mean that it was ticular, I would like to thank the asso- DOUG COLLINS, who has fought tire- an easy lift—not by any means. This ciation for its willingness to com- lessly for this bill. He and his staff was an extraordinarily complex, multi- promise and for the support it lent to have been unstoppable. Every obstacle, faceted piece of legislation with dozens later stages of the legislative process. every hurdle they have worked to over- of moving parts and cross-cutting The 50–State support that the NAB come. Even after the bill passed the issues that impacted stakeholders in gave to the bill made an important dif- varying ways. Each component of the House, they did not let up. They were ference to a number of my colleagues, bill was crucial to its passage, which 100 percent committed to this legisla- and I thank the NAB for its advocacy. made negotiating and revising the leg- tion, and I cannot thank them enough The final thanks I need to offer is to islative text an exceedingly delicate for everything they have done. Brendan my staff. This bill would not have hap- process. There were numerous unex- Belair, Representative COLLINS’ chief pened without them and their tireless pected developments along the way, of staff, and Sally Rose Larson, his leg- dedication. each of which had to be handled in a islative director, have been absolutely I would first like to highlight my manner that did not upset the bill’s outstanding. communications team, Matt Whitlock careful balance. So I need to spend The other House colleague I need to and Ally Riding. They did a terrific job some time today in thanking everyone recognize is my good friend BOB GOOD- in putting together materials to help who made it possible for us to get to LATTE, the chairman of the House Judi- other offices and the public understand this point. How often does the Senate ciary Committee. Like me, Bob is re- this bill and its importance. They also pass a 186-page bill unanimously? Al- tiring this year. He has been a wonder- showed some pretty serious video pro- most never. That alone tells you how ful chairman. I have had the privilege duction chops. well the bill’s sponsors and their staffs of working with him on a number of I would next like to thank my legis- managed this process. initiatives that have become law—a lative director, Matt Jensen. Matt I first need to thank Senator ALEX- whole raft of them. I am so glad to worked diligently behind the scenes to ANDER, my dear friend from Tennessee. have had the opportunity to work with identify the proper vehicle and offset He has been by my side throughout the him on this legislation before we leave for the bill. He reviewed just about entire process. Senator ALEXANDER is a office, and I am so pleased to share my every fund and fee in the entire Federal tireless advocate for songwriters in his name with his on the bill. Government and would not give up. State and for music in general in his I would like to give a special shout- Next up is my chief of staff, Matt State. This bill would not be on its way out to his chief counsel for intellectual Sandgren. Matt has been with me now to the President’s desk in short order property, Joe Keeley, who played a cru- for 15 years. He is one of the finest without all of his hard work. I ac- cial role in shepherding this bill aides I have ever had. He spent years as knowledge it and compliment him in through the House. my go-to intellectual property counsel every way for it. Now I need to turn to the industry before becoming my chief of staff and Senator ALEXANDER’s staff has been stakeholders who came together to has been an essential part of this proc- outstanding as well. In particular, I make the compromises that made this ess. He had the foresight and strategic

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.023 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6294 CONGRESSIONAL RECORD — SENATE September 25, 2018 know-how to get this bill across the been a great aide to me—a great help It has been a great privilege to work finish line. No last-minute obstacle was to me—throughout this process, and I with Senator HATCH and his staff on going to stop him. care for him a great deal. this legislation whom I will have more Finally, I would like to thank my There are others, of course, I would to say about in a minute. chief counsel, Chris Bates. Chris like to mention, but I will do that sep- The Senator from Utah has done a oversaw this bill from start to finish— arately at a later date. very good job of explaining what the from the very first stakeholder meet- I am grateful for music in my life. I bill does, but the truth is, copyright ings, where we talked about broad out- am grateful I have had this privilege of law is complicated. About the first 25 lines, to last week, when he sat next to writing songs, some of which have been me here on the floor while the Senate heralded and acclaimed. I am grateful times somebody explains to you the passed the bill by voice vote. For well for those who have had the patience to law governing songwriting, you will over a year now, he has dealt expertly work with me. I am grateful the Mor- not have a clue what they are talking with dozens of stakeholders and 100 mon Tabernacle Choir has sung a num- about. So let me tell a couple of stories Senate offices. He has had the judg- ber of my songs—and they don’t sing about songwriting that might help ment to know when to strike deals and junk, let me tell you. You have to real- make it clear. when to push forward. As the careful ly make the grade to have your song Right after World War II, two na- lawyer that he is, he has made sure, at sung by the Mormon Tabernacle Choir. tional songwriters, Pee Wee King and every step along the way, that the They have done a few of my songs, and Redd Stewart, were driving from Mem- bill’s text has been precise, accurate, I am grateful for that. phis to Nashville, back before the and tightly drafted. There are so many others I would interstates were created, and one said This bill has been as complicated an like to compliment at this time. Let to the other: Well, Missouri has a waltz endeavor as any bill I have done during me say this. I have taken enough time, and Kentucky has a waltz, why doesn’t my 42 years in the Senate, and Chris but I am very grateful for this privilege Tennessee have a waltz? So on that deserves immense credit for the way he of learning how to write music and drive—probably about a 5-hour drive has seen this bill through to enact- having written a number of songs that then—they took a matchbox, an old ment. are really popular today. I am grateful penny matchbox that held wooden Let me just say that this bill means for my friends in the Senate who have matches, threw the matches on the so much to me. It was a number of tolerated me. I am grateful for the po- floorboard, and on the back of it they years ago that a wonderful woman etry in my life, which I have written wrote the words to the ‘‘Tennessee songwriter named Janice Kapp Perry since I was a kid. I am just grateful to Waltz.’’ came to me and said: You write poetry. God for the many blessings I have had. I would like you to write some songs I am grateful to be a U.S. Senator. I Now, the ‘‘Tennessee Waltz’’ was al- with me. am very grateful for the privilege of as- ready a waltz. It was called the ‘‘No I thought that was a really nice offer. sociating with all of these wonderful Name Waltz.’’ People played it and So I sat down and wrote 10 songs that people and for those in the past who sang it in different places. It was just a weekend, all of which were put into re- have served with us as well. random song, but they added these few corded form, and we have written a lot I would like to say more, but I will words to it. Then, that night when he of songs ever since. yield the floor. got back, Pee Wee King wrote it on a Then, all of a sudden, I had people The PRESIDING OFFICER. The Sen- lead sheet. That is what you call a from all over the country come to me ator from Tennessee. blank page of music. He took it in to and say: I want to write some music Mr. ALEXANDER. Mr. President, Fred Rose the next day, who was his with you. I have had artists and song- building on Senator HATCH’s com- publisher. Fred Rose was the publisher writers and just good people come and ments, we are grateful for his service for Hank Williams, Roy Acuff—all really help me to learn this business to the U.S. Senate for more than four kinds of people. He made one change in and learn what to do. It has been one of decades and grateful he is a songwriter. the words. Where it said: ‘‘Oh, the Ten- the great joys of my life because I love Of course, he comes from a culture and nessee waltz, the Tennessee waltz,’’ he music. a faith that emphasizes music. changed the words to ‘‘I remember the When I was a kid, my mother had an As a little boy in the East Tennessee night and the Tennessee waltz.’’ old violin, and I learned to play that mountains, I remember every week lis- violin all the way through grade tening on the Zenith radio to the Mor- That song went nowhere for a while. school, high school, and even in col- mon Tabernacle Choir. I think every- It was performed around by Pee Wee lege. I also had piano lessons—6 body in Utah and in the Mormon faith King until Mercury Records decided months of them. I have been able to actually grows up learning to sing and they had a song, a different song, play most of the popular music on the to enjoy music. called ‘‘Boogie Woogie Santa Claus.’’ piano ever since. I am not an accom- ORRIN HATCH is not just a U.S. Sen- They wanted the hottest young female plished pianist like Senator ALEX- ator, he is a genuine songwriter. He has singer in America to sing it so they ANDER, but I certainly enjoy plinking a gold and a platinum record. I know flew Patti Page to New York in about on the keys. many national songwriters who have 1950. She sang ‘‘Boogie Woogie Santa Then, I had others on my staff who cowritten with him, and they admire Clause’’ on Mercury Records, but they really helped me to understand that him greatly. had nothing to put on the back of the music is a tremendously wonderful I can think of no more important record. So somebody suggested they thing for people. It is uplifting. It is in- tribute to him than the Hatch-Good- just throw on the back of the record spiring. It can be humorous. There are latte Music Modernization Act, which this ‘‘Tennessee Waltz.’’ so many things it can be. should pass the House this week and be Well, the ‘‘Tennessee Waltz’’ sold 5 I have also enjoyed writing the lyrics on its way to the President. Then it million copies. It became the most re- for well over 100 songs. I have one gold will be, as Senator HATCH said, the sin- corded song ever by a female artist. In and one platinum record and a number gle-most important piece of legislation many ways, it is the Magna Carta of of others that are on their way, and I in decades or in a generation that country music. just feel really good that I have had changes copyright law in a way that is the help of all of these people to be fair to songwriters. So the question is, How did that hap- able to do something that really brings Senator HATCH is correct. This has pen? What is the mystery that causes a me a great deal of joy. not been easy. It has taken several waltz that is just kicked around for a I thank Senator ALEXANDER. He has years. There are a great many different long time, has a few words placed on it been an inspiration to me. He is a won- people to it. The heavy lifts and the by a few songwriters driving from derful leader for his State and for unexpected developments were occur- Memphis to Nashville, to suddenly sell Nashville. They couldn’t have a better ring all the way down to about 30 min- 5 million copies? Well, none of us really leader in Senator ALEXANDER, plus his utes before it passed last Tuesday knows. It is just a magnificent form of being a wonderful person too. He has night. art.

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.024 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6295 All over my State of Tennessee, there like that when he was Governor of his The older lady said: Well, we are just are thousands and thousands and thou- State. All I could think of that would falling apart together. sands of teachers, taxi drivers, wait- unite our big, long State, from Mem- So I told that story to Lee Brice and resses, people thinking of songs, get- phis to Bristol, was music, from Beale some songwriters who were at our ting together and writing songs, hoping Street in Memphis through Music City home for the weekend writing songs. to have the next No. 1 hit. in Nashville, to the home of country They said: We could do something I saw Bob DiPiero at the Bluebird music in Bristol, TN, where they with that, and they wrote a song, Cafe a week ago Saturday. brought a recording machine in 1927 ‘‘Falling Apart Together.’’ Lee Brice is I say to Senator HATCH, he was a gui- and called for the hillbillies to come a pretty well-known singer. He and tar teacher in RiverGate Mall, outside down out of the mountains. Among the Billy Montana and John Stone wrote of Nashville, in the early 1980s. At hillbillies who came and had their it. According to Nashville tradition, about 3, he would take a bus from music recorded were Jimmie Rodgers they gave me a fourth of the royalties downtown Nashville out to RiverGate and the Carter family. That was the be- because that is what they do. If you Mall, and he would teach guitar lessons ginning of what we call country music, make any contribution to the song, to all of these kids after school until 9. what you hear on the radio in Nash- you get a little piece of the action. Then, during the day, he would write ville. I thought: Well, this is good. I can ac- songs. He didn’t do well at all until one So as I was thinking about what tually do that as a U.S. Senator. That day he wrote a song with the lyrics: united Tennessee, I thought, well, is legal. The Ethics Committee will ap- ‘‘My baby is American made, born and music. I asked the legislature in our prove that. So in 2016, the royalty I re- bred in the U.S.A.’’ Well, everybody State in the 1980s—and they did it—to ceived for ‘‘Falling Apart Together,’’ knows that song now, and Bob DiPiero appropriate some moneys for endow- which was recorded by Lee Brice and is is a great songwriter. So I guess he ments for all of our community orches- on one of his albums, was $101.75. You makes a living off of songwriting, but tras. There are about two dozen of can’t make a living on that. lots of people don’t. them. If we give the Nashville Sym- What Senator HATCH and the Senate This bill is about songs that are phony or the Greenville Community has done, and the House is about to do played over the internet. The way Bob Orchestra some State dollars, if they and it will go on to the President, is to DiPiero or Redd Stewart or Pee Wee matched it, then they would have a lit- change the law. King’s descendants would get paid for tle endowment that would support that First, it will create an entity. Those their creative work is whenever the music. I went around the State and two songwriters who wrote the ‘‘Ten- song is played over the internet, this played the piano with all of those com- nessee Waltz’’ after World War II, let’s Hatch-Goodlatte legislation says: We munity orchestras and had a good time say their great-grandchildren now own have a way to make sure you get paid when people came out to see the Gov- all of the rights, and they are spread if you are the songwriter or you own ernor make a mistake or miss a chord all over the place. Let’s say Spotify the rights, and, No. 2, we have changed or that kind of thing. wants to play the ‘‘Tennessee Waltz.’’ the law to make it more likely that So music is terribly important to our Now all they have to do is to go down you will get a fair market value for State, as it is to Utah and as it is to to this new entity to get a license. what you get paid—those two things. our country. They have a right to do it, and nobody Ken Burns has a new film coming I have asked several of the song- can sue them. It is the entity’s job to out. I think Ken Burns is America’s writers and the people in the music in- go find all of these 100 descendants and greatest storyteller today. I mean, we dustry: Do you really think this will pay them the royalty. have other good ones, but today he is. make a difference? They, to a person, Then we changed the law to try to He has done more than 30 films. There say yes. make sure the royalties are a fair mar- is one about the Mayo Clinic that is Will it make it as good as it was? No, ket value. Now, in that case, if some out today. There is the Civil War, Na- it probably will not, but it will be fair, company owns that, it might be easier tional Parks, all of those films—Viet- and it will create an environment nam more recently. His new film is the to find them, but that is why every- where not just Bob DiPiero can get film he thinks may be the most pop- body came together to pass this bill. paid for ‘‘My baby is American made’’ Specifically, the legislation will help ular film of all he has produced, of the but where a lot more songwriters can 30, and it is about country music. It is make sure songwriters are paid when make a decent living because they get about the stories and the lives of the their songs are played by creating a paid and get paid a fair market value people whom country music is about. new simplified licensing entity. for their work. I think of Jessi Alexander, whom I This new licensing entity will make I will tell you another story I have just heard play a song at the Bluebird it easier for digital music companies to repeated on the floor about that. Un- Cafe. She had heard on the radio about obtain a license to play songs and en- fortunately, I don’t have a gold record, the father from Texas whose son was sure songwriters are paid when their and I don’t have a platinum record, but killed in Afghanistan, and they asked music is played. I can play the piano. I am as grateful him how he grieved, and he said: I drive This new entity helps songwriters be- for music as Senator HATCH is. When I his truck. She wrote a song, ‘‘I Drive cause it will collect royalties each was 4, my mother took me to the Your Truck,’’ about that father and his time a song is played, look for the Maryville College, and I began piano son who had been killed defending our songwriter, and hold on to their royal- lessons, which I continued until I was country. It won the song of the year, as ties for 3 years until they can be found. 16. it should have. This new entity also helps digital Senator MCCONNELL, the majority So these emotional stories about life music companies because it makes sure leader, who had a wonderful and saint- and death and whiskey and love and ro- songwriters get paid, which means ed mother who helped him recover mance and cheating and everything fewer lawsuits. from polio, once told me the one thing that goes into human nature, these are Second, the legislation will help he regrets about his mother is she al- the stories that make it into these make sure songwriters are paid a fair lowed him to stop taking piano lessons. songs. market value for their work by doing I said back to Senator MCCONNELL: I Sometimes—sometimes—they are three things. don’t ever remember ever having a like the ‘‘Tennessee Waltz.’’ You put The legislation revises outdated choice. I made a deal with my mother some words with a waltz that has been songwriter royalty standards to ensure that I would practice 30 minutes in the around for a while, and out comes 5 songwriters are paid a fair market rate morning, and I would get to do what I million records sold. for their work. The new royalty pay- wanted to in the afternoon, and I had a Sometimes it is more like this story. ments will be based on what a willing wonderful time with music. I was coming out of the drugstore in buyer and willing seller would agree to I say to the Senator from Utah, when Maryville, TN, and I ran into an old in a free market—not the statutory I was Governor, I was trying to think couple in a pickup truck. I walked by below-market standard of today. what could unite our State. The Pre- them, and I said: How are you all The legislation allows ASCAP and siding Officer probably had thoughts doing? BMI—the two largest performing rights

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He passed away last month at the about the fair market value of a song- agree on, and they have done that in an age of 71 after spending more than half writer’s works—like what the per- important way. of his life in the U.S. Army. former earns for their songs—to a Fed- I thank the Nashville Song Writers Rising from the son of a general to eral rate court judge when there is a Association International—Bart become himself a four-star general, dispute about royalty rates for song- Herbison especially, but a whole bunch John Abrams embodied the spirit of writers. of them, including the National Music selflessness and of sacrifice for which The legislation allows ASCAP and Publishers Association, ASCAP, BMI, our military is known. He spent his life BMI to have Federal judges in the the Recording Academy, Sound Ex- fighting to defend the freedoms that we Southern District of New York ran- change, Digital Media Association, all too often take for granted. He was domly assigned to hear their rate Song Writers of North America, Inter- wounded in battle, returned to duty, cases, rather than have all the pro- net Association, Recording Industry and then wounded again, but he refused ceedings occur before the same judge Association of America, and the Na- to let any injury deter him. He was a each time. This should lead to better tional Association of Broadcasters, soldier’s soldier from the very start, outcomes for songwriters. which came with a strongly support and those who knew him were made This change in the law made sense in recommendation in the end, which was better by being in his orbit. the internet world. Today, in the world a big, big help. He served in the Armed Forces for 36 we live in, more than half of the reve- Senator HATCH was correct. The most years, first enlisting in 1966 before be- nues in the music business are for valuable players in all of this most coming commissioned as an officer just songs played over the internet. The likely have been the staff members on 1 year later. He made it to four stars internet has changed music just like it both sides of the aisle and in both the hard way: by starting as a private— has changed everything else. This Houses who helped put the competing the lowest rank. changes the law to put us into the interests together—and there were Soon after he was commissioned, he internet age. It changes some laws that many—in a way that produced this bill. deployed to Vietnam, where he served have been around for centuries, since I would especially like to thank two consecutive tours and volunteered the days of the player piano. Lindsey Garcia, who is sitting here for a third before being sent home. Since there are others who will be with me, and Paul McKernan, who Then, he was off to a Korean province wanting to speak, I have had other worked on this for a long time, and just north of Seoul. After that, he went chances to talk about the bill. I have David Cleary and Allison Martin on my to Germany for five tours, serving in said most of what I wanted to say, ex- staff. Hungary, Bosnia, and Kuwait as well— cept for a couple of thank-yous. Chris Bates, Matt Jensen, and Matt all this in service to his country, all in First, ORRIN HATCH is exactly the Sandgren on Senator HATCH’s staff an effort to add to the greater good. right leader for this bill in the Senate have been terrific and essential. He made history, becoming just the for a variety of reasons. He is chairman I thank Rita Lari from the Senate second American ever to command the of one important committee and nearly Judiciary staff. We were joking the same unit as his father when he was ranking on another. Through his pres- other day. When we first talked to her promoted to lieutenant general and tige and his position in the Senate and about this, she said: Are you sure you tasked with commanding the V Corps through the respect we have for him, can pass a bill like this? Most people in Germany—yes, that V Corps, the he was able to ask Senators to step didn’t think it was possible to get all of same unit that stormed the shores near back and allow us to do this very com- the competing interests here to agree. Normandy and fought at Omaha Beach, plex piece of legislation in a situation Congressman DOUG COLLINS and his that liberated Paris and took on the where any one Senator could have staff have really been at the forefront German troops during the Battle of the blocked it—and many did for a while, of this, including Sally Rose Larson. Bulge. until they were persuaded not to. Republican floor staff Megan Mercer His own heroism in Vietnam did not I want to thank Chairman GRASSLEY was a big help. go unnoticed. He was decorated with a and Senator FEINSTEIN for moving it A special shout-out to Reema Dodin, Silver Star and a Purple Heart. But he through the Judiciary Committee ex- who works for Senator DURBIN and who would tell you that his greatest decora- peditiously. This could not have hap- was a consistent help but was espe- tion was that of being a father, a hus- pened if Senator MCCONNELL and Sen- cially helpful on last Tuesday after- band, and a leader of soldiers. ator SCHUMER had not created an envi- noon when we only had a little bit of He went on to lead the U.S. Army ronment in which we could do this. time and we needed to get some last- Training and Doctrine Command, over- Senator HATCH mentioned Senator minute changes cleared in the Demo- seeing the Army’s training in its en- WHITEHOUSE and Senator COONS, who cratic cloakroom as well as the Repub- tirety. He continued to rise in the were among the lead Democratic co- lican cloakroom. ranks alongside his own brothers, one sponsors. We had 82 cosponsors of this This would be a good exercise for a of whom just testified in front of the bill. We only have 100 Senators, and we chapter in a book on legislation some- Senate today and is set to be confirmed had 82 cosponsors of the bill. time. But it is going to be the Hatch- as the next commander of U.S. Forces I want to particularly thank Senator Goodlatte Music Modernization Act, Korea. DURBIN, who may be a Democrat from and the result is going to be that thou- Looking back, it is little wonder Illinois, but he loves to go to Nashville sands and thousands of songwriters in where General Abrams’ strength of and go to the Grand Ole Opry, and he this country for the first time in a long character came from. His father served jumped on early. He is the No. 2 Demo- time are, A, going to get paid for their as the Army Chief of Staff, com- crat, and he has been a big help. work, and, B, they are going to get manding all forces across Vietnam DOUG COLLINS, HAKEEM JEFFRIES, and paid more of a fair market value, as from 1968 through 1972. His mother DARRELL ISSA in the House of Rep- they should. founded the Army’s chapter of the Ar- resentatives were real leaders from the I am deeply grateful for the oppor- lington Ladies around that same time, beginning, and, of course, BOB GOOD- tunity to have worked on it, and I organizing volunteers to attend funer- LATTE and Ranking Member NADLER thank all of my colleagues for working als to make sure that no troop was were as well. so well with Senator HATCH and me to ever buried alone. He combined his fa- I think it is important to join Sen- get it done. ther’s courage with his mother’s com- ator HATCH in mentioning again those I yield the floor. passion, and in the process, he made music groups whom we sat down with The PRESIDING OFFICER. The Sen- this Nation a better, safer place for the more than 2 years ago and said: Look, ator from Illinois. rest of us—for his children and their we have been here for a long time, and REMEMBERING JOHN ABRAMS children and my children. we could continue to argue about what Ms. DUCKWORTH. Mr. President, I He couldn’t have done any of this you disagree on or we could try to pass am here today to honor the life of GEN without the loving support and service what you can agree on. And for the last John Abrams—a father, a husband, a of his family, his wife Cecelia and his 21⁄2 years, they have worked to com- friend, a soldier, and to so many, a two daughters. As the quintessential

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It is as common- ing your father, your husband, your lines, and American Airlines followed sense and as straightforward as you brother with the rest of this country suit, raising their bag fees to match would want an airline passenger to re- that he served so valiantly for so long. JetBlue’s. ceive from their airline—fair and rea- God bless him and his legacy. God bless In college, I might have spent more sonable. the troops he cared so deeply about and time being interested in politics than No price is determined by this led so ably. God bless the United States economics, but I thought competition amendment—only that it has to be fair of America. was supposed to drive prices down and and reasonable and related to the cost I yield the floor. not up. So why are the airlines charg- that is, in fact, borne by the airlines in The PRESIDING OFFICER. The Sen- ing these fees? Well, the first answer is, order to provide that service. How on- ator from Massachusetts. because they can, but the real answer erous could that be on an airline? Why FAA REAUTHORIZATION is, because there is no competition can’t we get that passed through this Mr. MARKEY. Mr. President, I rise among domestic airlines. body so that consumers don’t get today to express my frustration—my In the past 10 years, we have gone tipped upside down at the counter as outrage—that this body is poised to from 10 major airlines down to just 4. they try to change a ticket or to cancel miss a historic, once-in-a-generation Only four airlines control 85 percent of a ticket? Why can’t we get that passed? opportunity to stop the major airlines traffic in the skies. The only thing If a child gets sick and a passenger from gouging Americans with exorbi- competitive about the current airline has to change or cancel a flight weeks tant fees every time they fly. industry is the fight for overhead com- in advance, does it really cost Delta In the dark of night early Saturday partment space. Americans have more Air Lines $200 to cancel that ticket? If morning, House and Senate committee choice in where to eat at the airport a meeting gets postponed so a ticket leadership released a Federal Aviation than which airline they can take. has to be canceled 2 weeks before de- Administration reauthorization bill We know that when choice goes parture, is it fair for United Airlines to that does not include a commonsense, down, fees go up. And these sky-high charge $200 for a ticket that costs bipartisan provision to protect pas- fees bear almost no resemblance to the about that same amount? Are those sengers from having to pay $200 to cost of the services being provided. The fees proportional when the airlines can change a ticket that costs $250—a pro- Government Accountability Office, still resell the vacated seat, even if the vision that would have protected a GAO, recently released a report con- passenger cancels weeks ahead of time? family from paying $200 to cancel a firming what countless passengers Think about that. The passenger flight because another family member across the country already know to be gives the airline 2 weeks’ notice. Then, had fallen seriously ill and a vacation true: Airlines are gouging captive pas- they have to pay a fine, $200. Then, the had to be canceled. sengers to line their pockets, not to Instead, after months of lobbying airline resells the ticket to another against my bipartisan FAIR Fees pro- cover the actual cost of the services passenger. What is the cost to the air- vision, the airlines won and airline pas- provided. line in that kind of situation? Or are Does it really cost $200 for American sengers lost. I would compare it to the they just exploiting the vulnerability Airlines to change a ticket? Does it Christians and the lions, but in this of the passenger who has to change it? really cost Delta Air Lines $40 to load story, the Christians even had to pay They have resold the ticket for the that second bag—$10 more than proc- extra to enter the amphitheater. same price or higher to another pas- What once were considered the basic essing the first bag? Airlines are in- senger. services of flying have now become op- creasing their fees in order to match The answer is no. Passengers have no tional and with a massive price tag— their competitors. They are actively choice. They have no alternative. checking a bag, carrying on a bag, fly- seeking to deceive passengers by offer- The market has failed, leaving these ing standby for an earlier flight, print- ing artificially low fares and then flyers vulnerable to fee gouging and ing a boarding pass, early boarding, charging exorbitant fees on the back corporate greed from the airlines. You seat selection, changing or canceling end. are at the counter, and they can say: your flight, even a blanket and pillow. Enough is enough. It is time we put a Go to another airline. Air travelers are being nickeled-and- stop to these abusive practices. That is And you say: Well, there are no other dimed, but the real cost is in the bil- why Republican Senator ROGER WICKER airlines at this airport that fly to my lions of dollars. That is because the of Mississippi and I joined together to destination. It is the only airline I can major airlines have turned fees into a get our provision ensuring change and rely upon. multibillion-dollar industry. Last year, cancellation fees are reasonable into Well, then, pay the cancellation fee, the airlines raked in $7.4 billion in fees. the Senate FAA reauthorization bill. pay the change fee because you are not More than $4.5 billion came from now When a liberal from New England and at a marketplace where you can then having to pay to check your bag, and a Republican from the Deep South can say: There is another airline I can go $2.9 billion was extra fees if you wanted agree on policy, we are on the right to right here at this airport that will to change your ticket or if you wanted side of history. Yet the airline industry take me to that destination nonstop. to cancel your ticket. That is billions had other plans. They stated their No. In fact, the only thing the airline in- of dollars. That is actually the equiva- 1 priority in the FAA reauthorization dustry was more committed to doing lent of 11 million flights from Wash- was defeating our FAIR Fees provision. than raising airline fees was defeating ington, DC, to Boston. That is the cost What is it about this provision that the consumer protection provision in that is now imposed upon consumers. they would stop at nothing to block it the FAA bill. We still have an oppor- Passengers think they are buying low- from becoming law? Why would the air- tunity to right this wrong. Tomorrow cost fares, but they are really just vic- line industries band together on this the House of Representatives will con- tims of airline greed in support of a one issue? They don’t compete truly sider the FAA reauthorization bill. On new multibillion-dollar profit center. against each other in the marketplace. behalf of the flying public—the mil- Even in the past few weeks, as we Here, they could all come together on lions of Americans who are subjected worked in Congress to include impor- one policy. It is because they don’t to ridiculous airline fees—I call on the tant consumer protection measures in want the Department of Transpor- House to add the FAIR Fees provision this final FAA legislation, the airlines tation to assess whether change and to the FAA reauthorization bill, and I continued to raise their fees. cancellation, baggage, and other fees call on my Senate colleagues to sup- Last month, JetBlue Airways raised are reasonable and proportional to the port it. It is time to stop nickel-and- its change and cancellation fees from costs of the services provided. They diming American families and ensure

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Senator WICKER and I worked to- Founded more than 120 years ago as However, in recent years, this south- gether to build it into the Senate bill. the Paducah Evening Sun, Jim’s news- ern city has faced a new challenge, as We should not have receded to the posi- paper has always been a family busi- uninhabitable living conditions have tion of the House. That was a mistake. ness. Before joining the paper, Jim force hundreds of public housing resi- This history is going to continue be- worked with other news organizations dents to relocate from their homes— cause the anger of the flying public is in Nashville and Lexington and went to and in many cases from their beloved only going to build as each and every law school. However, after a tragic community. Public housing in the city month and year goes by. The day is aviation accident that claimed the life suffered years of neglect at the hands going to come, I vow to you, where we of the Sun’s previous editor, Jack of local officials who are now accused are going to have this in a bill that Paxton, Jim left his legal career be- of misusing Federal funds to bankroll passes this Chamber and the House of hind and agreed to lead the local insti- lavish personal expenses, including Representatives. tution. multiple trips to Las Vegas and steak This is an issue whose time has come. Jim began at the Sun in 1986 and dinners. If it has been blocked, it is only tempo- soon after earned the title of editor. And how was life for residents? By rarily. We are going to return to this With his brothers David and Richard, the time residents were forced to relo- issue. Everyone in the Congress will be who later joined the company, the fam- cate, 185 families—including roughly made accountable to the flying public ily expanded their media offering to 200 children—were living in housing so that they are not given this offer better serve their community. The overrun with rodents, bedbugs, they can’t refuse every time they are story of Paducah is intertwined with roaches, crime, mold, asbestos, and at the counter: Pay or don’t fly. It is the region’s river system, and the Sun lead. I am talking about rats in the absolutely wrong. has the news that its readers need for couch, maggots in the freeze, and At this point, I yield back. their day. There is a great deal of local plumbing and heating that simply re- I suggest the absence of a quorum. news to cover. Paducah is the heart of fused to work. The PRESIDING OFFICER (Mr. our Nation’s inland waterways net- It was local officials who failed to TILLIS). The clerk will call the roll. work, and it is home to both the Na- provide its residents with safe and The bill clerk proceeded to call the tional Quilt Museum and the U.S. De- healthy housing; yet these families roll. partment of Energy’s Gaseous Diffu- were the ones whose lives were up- Mr. MCCONNELL. Mr. President, I sion Plant. Further, in 2013, the U.N. rooted as a result. Today, all 185 fami- ask unanimous consent that the order Educational, Scientific, and Cultural lies have relocated, and the vacant for the quorum call be rescinded. Organization, UNESCO, designated Pa- housing complexes are set to be demol- The PRESIDING OFFICER (Mr. ducah as the world’s seventh City of ished. While the strength and resilience JOHNSON). Without objection, it is so Crafts and Folk Art. The Paducah Sun, of these residents and their community ordered. under Jim’s leadership, has kept a in the face of this situation is inspir- ORDER OF PROCEDURE close eye on each of these aspects of ing, there is no question they deserved far more from their government. Mr. MCCONNELL. Mr. President, I the city’s life and heritage. It has been more than 2 years since ask unanimous consent that all In recent years, Jim has taken a the HUD Inspector General’s Office postcloture time on Executive Cal- leading role in crafting the Sun’s edi- began investigating alleged misuse of endar No. 941 be considered expired at torial page, a page of his paper I rarely Federal funds by local officials, and it 1:45 p.m. on Wednesday, September 26; miss. I have especially enjoyed each of is beyond time for that investigation that if confirmed, the motion to recon- my opportunities to meet with the pa- to be finalized and for the results to be sider be considered made and laid upon per’s editorial board to discuss the made public. the table; and that the President be issues most vital to Paducah’s future. By presenting a fair and even-handed Today I am calling—once again—for immediately notified of the Senate’s the HUD inspector general to do just action. opinion to his audience, Jim and the Sun’s staff have made themselves a that, but more remains to be done to The PRESIDING OFFICER. Without restore the faith and confidence of pub- objection, it is so ordered. central feature of the day for many western Kentuckians. lic housing residents in our govern- f When Jim leaves his post at the end ment. Transparent accountability LEGISLATIVE SESSION of this month, he does so after a career must be had at all levels of government filled with distinction and one he can where mismanagement played a role in be proud of. Whatever the future may creating this crisis. MORNING BUSINESS hold for Jim and his family, I send This is why, in May of last year, Sen- them my sincere best wishes. Families ator DUCKWORTH and I called for the Mr. MCCONNELL. Mr. President, I throughout Paducah and across the HUD inspector general to also look ask unanimous consent that the Sen- Commonwealth have benefited from into HUD’s oversight of Alexander ate proceed to legislative session for a Jim’s diligence and thoughtfulness, County Housing Authority. This July, period of morning business, with Sen- and I would like to express my pro- the IG released its report that found ators permitted to speak therein for up found gratitude to him. I ask my Sen- that despite having early knowledge of to 10 minutes each. ate colleagues to join me in congratu- bad conditions at Alexander County, The PRESIDING OFFICER. Without lating Jim Paxton, the gold standard HUD hesitated to intervene, while resi- objection, it is so ordered. for a professional newsman, on a suc- dents suffered. f cessful career and wishing him a happy This is unacceptable, and it cannot be repeated. HUD is responsible for en- TRIBUTE TO JIM PAXTON retirement. f suring public housing authorities meet Mr. MCCONNELL. Mr. President, at their responsibility to provide safe and the end of this month, my friend Jim CAIRO HOUSING CRISIS affordable housing, and it must be ca- Paxton will end his 32-year tenure with Mr. DURBIN. Mr. President, today I pable of performing this vital over- the Paducah Sun newspaper in western would like to bring attention to the sight. Senator DUCKWORTH and I have Kentucky. Through his service as the southernmost city in my State, Cairo, urged HUD to quickly implement the paper’s editor and publisher, Jim has IL. recommendations included in the re- shown a dedication to his community Sitting at the confluence of the Ohio port to more effectively oversee public and his organization, and he deserves and Mississippi Rivers, Cairo was once housing authorities, to which HUD has our sincere gratitude. Looking back at a booming port town and was home to agreed.

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