S588 CONGRESSIONAL RECORD — SENATE January 15, 2009 

LILLY LEDBETTER FAIR PAY ACT 

OF 2009 

Mr. REID. Madam President, I ask 

unanimous consent that all postcloture 

time be yielded back and the Senate 

adopt the motion to proceed; that upon 

adoption of the motion, the Senate 

then proceed to the consideration of S. 

181; that once the bill is reported, Senator HUTCHISON be recognized to offer 

an amendment; that no amendments be 

in order to the Hutchison amendment 

prior to a vote in relation to the 

amendment. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The clerk will report the bill by title. 

The legislative clerk read as follows: 

A bill (S. 181) to amend title VII of the 

Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and 

to modify the operation of the Americans 

with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other 

practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes. 

AMENDMENT NO. 25

The PRESIDING OFFICER. The Senator from Texas is recognized. 

Mrs. HUTCHISON. Madam President, 

I send an amendment to the desk and 

ask for its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

The Senator from Texas [Mrs. HUTCHISON] 

proposes an amendment numbered 25. 

Mrs. HUTCHISON. I ask unanimous 

consent that reading of the amendment 

be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment is as follows: 

(Purpose: In the nature of substitute) 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Title VII 

Fairness Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Filing limitations periods serve important functions. They ensure that all claims 

are promptly raised and investigated, and, 

when remediation is warranted, that the violations involved are promptly remediated. 

(2) Limitations periods are particularly 

important in employment situations, where 

unresolved grievances have a singularly corrosive and disruptive effect. 

(3) Limitations periods are also particularly important for a statutory process that 

favors the voluntary resolution of claims 

through mediation and conciliation. Promptly raised issues are invariably more susceptible to such forms of voluntary resolution. 

(4) In instances in which that voluntary 

resolution is not possible, a limitations period ensures that claims will be adjudicated 

on the basis of evidence that is available, reliable, and from a date that is proximate in 

time to the adjudication. 

(5) Limitations periods, however, should 

not be construed to foreclose the filing of a 

claim by a reasonable person who exercises 

due diligence regarding the person’s rights 

but who did not have, and should not have 

been expected to have, a reasonable suspicion that the person was the object of unlawful discrimination. Such a person should 

be afforded the full applicable limitation period to commence a claim from the time the 

person has, or should be expected to have, a 

reasonable suspicion of discrimination. 

SEC. 3. FILING PERIOD FOR CHARGES ALLEGING 

UNLAWFUL EMPLOYMENT PRACTICES. 

Section 706(e) of the Civil Rights Act of 

1964 (42 U.S.C. 2000e–5(e)) is amended by adding at the end the following: 

‘‘(3)(A) This paragraph shall apply to a 

charge if— 

‘‘(i) the charge alleges an unlawful employment practice involving discrimination in 

violation of this title; and 

‘‘(ii) the person aggrieved demonstrates 

that the person did not have, and should not 

have been expected to have, enough information to support a reasonable suspicion of 

such discrimination, on the date on which 

the alleged unlawful employment practice 

occurred. 

‘‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on 

the date when the person aggrieved has, or 

should be expected to have, enough information to support a reasonable suspicion of 

such discrimination. 

‘‘(C) Nothing in this paragraph shall be 

construed to change or modify the provisions 

of subsection (g)(1). 

‘‘(D) Nothing in this paragraph shall be 

construed to apply to a charge alleging an 

unlawful employment practice relating to 

the provision of a pension or a pension benefit.’’. 

SEC. 4. FILING PERIOD FOR CHARGES ALLEGING 

UNLAWFUL PRACTICES BASED ON 

AGE. 

Section 7(d) of the Age Discrimination in 

Employment Act of 1967 (29 U.S.C. 626(d)) is 

amended— 

(1) by redesignating paragraphs (1) and (2) 

as subparagraphs (A) and (B), respectively; 

(2) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

(3) in the third sentence, by striking 

‘‘Upon’’ and inserting the following: 

‘‘(2) Upon’’; and 

(4) by adding at the end the following: 

‘‘(3)(A) This paragraph shall apply to a 

charge if— 

‘‘(i) the charge alleges an unlawful practice 

involving discrimination in violation of this 

Act; and 

‘‘(ii) the person aggrieved demonstrates 

that the person did not have, and should not 

have been expected to have, enough information to support a reasonable suspicion of 

such discrimination, on the date on which 

the alleged unlawful practice occurred. 

‘‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on 

the date when the person aggrieved has, or 

should be expected to have, enough information to support a reasonable suspicion of 

such discrimination. 

‘‘(C) Nothing in this paragraph shall be 

construed to change or modify any remedial 

provision of this Act. 

‘‘(D) Nothing in this paragraph shall be 

construed to apply to a charge alleging an 

unlawful practice relating to the provision of 

a pension or a pension benefit.’’. 

SEC. 5. APPLICATION TO OTHER LAWS. 

(a) AMERICANS WITH DISABILITIES ACT OF

1990.—Section 706(e)(3) of the Civil Rights 

Act of 1964 (42 U.S.C. 2000e–5(e)(3)) shall apply 

(in the same manner as such section applies 

to a charge described in subparagraph (A)(i) 

of such section) to claims of discrimination 

brought under title I and section 503 of the 

Americans with Disabilities Act of 1990 (42 

U.S.C. 12111 et seq., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), 

which adopts the powers, remedies, and procedures set forth in section 706 of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e–5). 

(b) CONFORMING AMENDMENTS.— 

(1) CIVIL RIGHTS ACT OF 1964.—Section 717 of 

the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

16) is amended by adding at the end the following: 

‘‘(f)(1) Subject to paragraph (2), section 

706(e)(3) shall apply (in the same manner as 

such section applies to a charge described in 

subparagraph (A)(i) of such section) to complaints of discrimination under this section. 

‘‘(2) For purposes of applying section 

706(e)(3) to a complaint under this section, a 

reference in section 706(e)(3)(B) to a filing period shall be considered to be a reference to 

the applicable filing period under this section.’’. 

(2) AGE DISCRIMINATION IN EMPLOYMENT ACT

OF 1967.— 

(A) IN GENERAL.—Section 15(f) of the Age 

Discrimination in Employment Act of 1967 

(29 U.S.C. 633a(f)) is amended by striking ‘‘of 

section’’ and inserting ‘‘of sections 7(d)(3) 

and’’. 

(B) APPLICATION.—For purposes of applying 

section 7(d)(3) of the Age Discrimination in 

Employment Act of 1967 (29 U.S.C. 626(d)(3)) 

to a complaint under section 15 of that Act 

(29 U.S.C. 633a), a reference in section 

7(d)(3)(B) of that Act to a filing period shall 

be considered to be a reference to the applicable filing period under section 15 of that 

Act. 

Mrs. HUTCHISON. Madam President, 

my amendment, which I offer along 

with Senators VOINOVICH, MARTINEZ, 

GRASSLEY, ENZI, CORKER, ALEXANDER, 

CORNYN, BURR, MURKOWSKI, and THUNE, 

is a substitute for the underlying bill 

that is before us, S. 181. I hope we will, 

now that we have taken up the bill, 

fully discuss and hopefully have some 

amendments that will make the Fair 

Pay Act a bill that will serve all of the 

needs of our country. Paramount is the 

right of an employee to have redress, if 

that employee is experiencing discrimination. We also need to make sure that 

our small businesses and medium-sized 

businesses know what their underlying 

liabilities might be. That is part of 

business planning. 

I have certainly been a person who 

has known discrimination. I want everyone who believes they have a cause 

of action to have that right. 

I have also been a business owner. I 

know how important it is that our 

businesses know what their potential 

liabilities are. That is why statutes of 

limitation were put into the laws of 

the country, so that one could have a 

defense, so that there would be timely 

filings of claims, so that there would be 

witnesses who would have the memory 

or the records or the documents to defend against a claim. 

My substitute amendment allows the 

person who is aggrieved, when that person knows or should have known that 

there was discrimination, to have 180 

days, approximately 6 months, to file 

that claim so that there will be 

records, there will be notice, and there 

will be the ability for a defense and for 

the person to have the fair trial with 

the people who would be relevant to 

her or his case. 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S589 

To do that, we have to have that 

time limit that the Supreme Court has 

said is a reasonable time limit, if it is 

6 months after the person knew or 

should have known. We are putting 

back in or we are actually codifying for 

all of the districts of the country that 

standard. 

It is also important that we have the 

ability for that person to get into 

court, because that is the person who 

has the grievance. It is that person who 

should be testifying rather than someone who might have had an effect but 

is not the person who knows if they believe they were discriminated against. 

These are the things that my amendment addresses. 

We are not going to debate, although 

I know the distinguished Senator from 

Maryland is going to rebut, but I hope 

to have the time for us to fully debate 

this amendment when we take it up 

and when all of our Members are here. 

There will be Members on my side 

who want to speak, I am sure Members 

on her side who want to speak, so I 

wanted to lay the amendment down so 

everyone is on notice and has the document and can read the amendment. 

Then I look forward to discussing it 

when the majority leader decides we 

will take this bill up, hopefully, next 

week. 

Thank you, Madam President. 

The PRESIDING OFFICER. The Senator from Maryland. 

Ms. MIKULSKI. Madam President, I 

want to acknowledge that we will not 

be debating this amendment this 

evening. Senator HUTCHISON has laid 

down her substitute. What I am so excited about is that we are actually 

going to be debating the Lilly 

Ledbetter Act and also amendments 

and substitutes therein. 

I know the Senator from Texas has a 

plane she is going to try to make; otherwise, we would have had a more amplified debate tonight. But I am so excited this moment has finally come, 

that we are actually going to debate 

what is the most effective way we can 

end wage discrimination in our country 

and keep the courthouse door open to 

legitimate claimants. 

I am also excited that, once again, 

the Senate will return to a regular 

order. What do I mean by ‘‘a regular 

order’’? We are actually going to bring 

up bills. We are not going to get lost in 

some quagmire of parliamentary procedure where we entangle ourselves and 

strangle ourselves. This debate, that 

actually begins tonight, is the signal of 

a new day returning to some of the old 

ways the Senate operated, which was a 

regular order where we could offer 

amendments, debate amendments, and 

vote on amendments. 

This is what doing legislation is all 

about. Before I actually, briefly, comment on the merits, to affirm the process: We said to our colleagues on the 

other side of the aisle, we are going to 

give you the opportunity to offer 

amendments and to debate them. We 

are keeping that promise. In the way 

HUTCHISON and MIKULSKI are kicking it 

off now, we are showing we are keeping 

our promise. 

Second, this affirms the way we, the 

women of the Senate, want to operate. 

Senator HUTCHISON and I agree on the 

goal: ending wage discrimination and 

keeping the courthouse door open. Senator HUTCHISON and I absolutely disagree on what is the best way to 

achieve that goal. I have our legislation. She has her substitute. But 

though we disagree, you will see on 

Wednesday, as we pick up an amplified 

discussion, we can disagree without 

being disagreeable. 

It is time to return to civility. It is 

time to show that good manners 

produce good legislation. We look forward to a robust and amplified way of 

discussing this issue. 

So we are going to debate Lilly 

Ledbetter and also the Hutchison substitute and other amendments. We will 

do it, if there is more tonight, and we 

will also do it tomorrow, if there are 

Senators who wish to offer it. I will be 

here. But we will be able to do it. 

We strongly disagree with the 

Hutchison amendment. But rather 

than debate it, without her being here, 

I am going to reserve my remarks for 

when she is here, and we are going to 

show that good politics starts with 

good manners and a good process. 

I thank the Republican leader for 

being so cooperative to help us set the 

stage for doing it. 

I yield the floor. 

The PRESIDING OFFICER (Mr. NELSON of Florida). The Republican leader 

is recognized. 

Mr. MCCONNELL. Mr. President, I 

want to proceed for a few minutes as in 

morning business. I know Senator 

MURRAY is then anxious to be recognized. I ask unanimous consent that 

she be recognized at the conclusion of 

my remarks. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

TARP FUNDING

Mr. MCCONNELL. Mr. President, 

with regard to the TARP issue we just 

dealt with on the floor, I voted for the 

disapproval resolution. 

Three months ago, I voted in favor of 

Government action to rescue the Nation’s financial system. The early indications suggest that our actions did 

have a stabilizing effect. But the problems persist. And based on what we 

know about our current financial situation, it is clear the full $700 billion we 

voted for in October is still needed. 

Republicans have insisted from the 

beginning that the outgoing administration agree to strict oversight and 

taxpayer protections related to the 

Troubled Asset Relief Program, the 

TARP. And we asked for similar assurances from the incoming administration this week when it requested the 

second round of TARP funds. 

In response, the incoming administration graciously agreed to meet with 

Senators, and spent a good deal of time 

explaining to Republicans last night 

how they plan to use these funds. I 

want to express publicly our appreciation for their time and for their efforts. 

After last night’s conversation, Republicans asked for one more thing: a 

public assurance from the incoming administration that these funds would be 

used in a manner consistent with the 

original purpose of the TARP. And, 

today, the incoming administration 

again graciously responded to our request by providing a letter of intent for 

the second round of TARP funds. 

I want to be very clear that I appreciate the incoming administration’s assurance in that letter that these funds 

for the original purpose of stabilizing 

the economy and preventing a systemic 

economic collapse—they agree that is 

what the funds were for. However, the 

incoming administration also indicated 

it would use the money in ways I cannot support. 

The letter explicitly states that they 

will pursue a policy of ‘‘cram down,’’ 

both by amending the bankruptcy laws 

and by forcing banks that receive 

TARP funds to write down mortgages. 

This will result in higher mortgage 

rates for everyone who seeks a home 

loan. 

The letter states that the Federal 

Government will require banks that receive TARP funds to make loans—require banks to make loans. And while 

we want banks to resume lending, forcing them to make loans is exactly how 

this crisis started in the first place. We 

need to show that we have learned 

from past mistakes. 

The letter also states that participating firms will need Federal approval 

before issuing dividends. I fear this will 

hamstring their ability to raise capital 

and thus perpetuate their dependence 

on Federal funds. We should encourage 

firms to raise private money, but that 

will be impossible if they cannot promise investors a return on investment. 

Again, I do want to express my appreciation to the incoming administration for its responsiveness to Republican concerns. Every time we asked a 

question, it was promptly answered. So 

far, Republican interactions with the 

incoming administration have been 

quite encouraging and appreciated. 

While I voted on the losing side, I hope 

the new administration will consider 

some of my concerns and our concerns 

on this side. We hope their stewardship 

of these funds is successful in stabilizing the markets according to the 

original purpose of the TARP, and we 

will continue to work with them to 

strengthen our Nation’s economy. 

I yield the floor. 

The PRESIDING OFFICER. The Senator from Washington. 

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that I be allowed to 

speak as in morning business for 12 

minutes, and that following my remarks the Senator from Georgia be 

recognized. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 


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S590 CONGRESSIONAL RECORD — SENATE January 15, 2009 

Mrs. MURRAY. Mr. President, I also 

ask unanimous consent that my statement be printed in the RECORD prior to 

the previous vote. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

(The remarks of Mrs. MURRAY and 

Mr. ISAKSON are printed in today’s 

RECORD during the consideration of 

S.J. Res. 5.) 

Mr. ISAKSON. I yield the floor and 

note the absence of a quorum. 

The PRESIDING OFFICER (Mr. 

WHITEHOUSE). The clerk will call the 

roll. 

The legislative clerk proceeded to 

call the roll. 

Mr. REID. I ask unanimous consent 

that the order for the quorum call be 

rescinded. 

The PRESIDING OFFICER (Mr. 

SANDERS). Without objection, it is so 

ordered. 

f 

COMMITTEE ASSIGNMENTS 

Mr. REID. Mr. President, over the 

course of the past several months, we 

have been working to complete negotiations on making our committee assignments so that all the new members 

will be able to attend committee meetings and be active participants. In 

some instances, I understand that 

chairmen have invited new Members to 

attend meetings and be involved in the 

process. 

I am happy to report that earlier this 

week, the Republican leader and I 

agreed to what the committee ratios 

will be for the 111th Congress. This 

process of give and take is tedious, and 

the giver always feels that they have 

given more, while the taker believes 

that they deserve more. We had to increase the size of some of the committees during these deliberations. In any 

event we have reached agreement on 

ratios, and I ask unanimous consent 

that a copy of that agreement be printed in the RECORD. 

Committee Ratio Agreement 

Agriculture .................................. 12/9 

Judiciary ..................................... 11/8 

Appropriations ............................. 17/13 

Intel ............................................. 8/7 

Armed Services ............................ 15/11 

Aging ........................................... 12/9 

Banking ....................................... 12/9 

Budget ......................................... 13/10 

Commerce .................................... 14/11 

Indian Aff .................................... 9/6 

Energy ......................................... 13/10 

JEC .............................................. 6/4 

EPW ............................................. 11/8 

Rules ............................................ 11/8 

Finance ........................................ 13/10 

Small Bus .................................... 11/8 

For. Relations .............................. 11/8 

Veterans ...................................... 9/6 

HELP ........................................... 13/10 

Homeland ..................................... 10/7 

(Ethics Committee remains at 3/3) 

Mr. REID. With respect to the Democratic membership, we have had a 

meeting of our Democratic Steering 

Committee and they have ratified the 

proposed membership slate. Additionally, the Democratic Caucus has also 

given its stamp of approval to the 

slate. 

Therefore, Mr. President, the majority is ready to proceed ahead with Senate action on considering an organizational resolution which appoints committee membership. However, I understand from the Republican leader that 

they still need to complete their process. So, I fully expect that when we return after the inauguration, the Senate 

will act on an organizational resolution. 

f 

COMMITTEE FUNDING 

Mr. MCCONNELL Mr. President. We 

have included language for the 111th 

Congress which keeps Republican Committee budgets from going below the 

funding allocation for fiscal year 2008. 

Upon enactment of a full year appropriation for the legislative branch, the 

Rules Committee has agreed to authorize $100,000,000 annually for comittee 

majority and minority staff salary 

baselines to be allocated at a 60 percent 

to 40 percent ratio, majority/minority 

respectively, during the 111th Congress. 

Additionally, upon the enactment of 

a full year appropriation for the legislative branch, the authorization will 

provide for salary baselines to be adjusted by future cost-of-living adjustment, COLA, increases as approved by 

the President Pro Tempore of the Senate. Further, the majority leader and 

the chairman of the Rules Committee 

have agreed that 89 percent of special 

reserves is available to each chair/ 

ranking member for administrative expenses, if requested, to be allocated at 

a 60 percent to 40 percent ratio, majority/minority respectively. Special reserves, which have been available to 

committees since 2001, shall not exceed 

historic levels. 

While fiscal constraints have made 

this process very difficult, I appreciate 

the good faith effort made by the majority leader to fulfill the commitment 

we entered into at the beginning of the 

110th Congress to keep minority staff 

salary baselines from going below funding levels allocated to the Republicans 

in the 109th Congress. The agreement 

we have reached provides the ability 

for minority committee budgets to be 

funded no less than the allocation in 

the 110th Congress. 

Mr REID. I concur with the remarks 

of the Republican leader. The baseline 

was not reduced for Democratic staff in 

the 108th Congress and this agreement 

allows for a similar accommodation for 

the Republicans in the 111th Congress. 

I ask unanimous consent that a joint 

leadership letter be printed in the 

RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

We mutually commit to the following for 

the 111th Congress: 

Upon enactment of a full year appropriation for the legislative branch, the majority 

and minority staff salary baselines for the 

committees of the Senate, including Joint 

and Special Committees, and all other subgroups, shall be apportioned at a 60 percent 

to 40 percent ratio, majority/minority respectively, based on an authorization of 

$100,000,000 annually. Additionally, upon enactment of a full year appropriation for the 

legislative branch, the authorization will 

provide for salary baselines to be adjusted by 

future cost of living adjustment, COLA, increases as approved by the President Pro 

Tempore of the Senate. Further, the majority leader and the chairman of the Rules 

Committee have agreed that 89 percent of 

special reserves is available to each chair/ 

ranking member for administrative expenses, if requested, to be allocated at a 60 

percent to 40 percent ratio, majority/minority respectively. 

This will allow individual minority committee funding levels to remain unchanged, 

if special reserves are requested. Therefore, 

no committee budget shall be allocated to 

reduce the minority committee budget below 

that of fiscal year 2008. 

Funds for committee expenses shall be 

available to each chairman consistent with 

the Senate rules and practices of the 110th 

Congress. 

The chairman and ranking member of any 

committee, may, by mutual agreement, 

modify the apportionment of committee 

funding, and/or space. 

The division of committee office space 

shall be commensurate with the 60 percent 

to 40 percent ratio. 

f 

MORNING BUSINESS 

Mr. REID. I ask unanimous consent 

that the Senate proceed to a period of 

morning business, with Senators allowed to speak therein for up to 10 

minutes each. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

OMNIBUS PUBLIC LAND 

MANAGEMENT ACT OF 2009 

Mr. DODD. Mr. President, I rise 

today to commend the Senate for its 

passage of the Quinebaug and 

Shetucket Rivers Valley National Heritage Corridor Amendments Act, which 

was included as part of S. 22, the Omnibus Public Land Management Act of 

2009. First, I would like to thank Senators LIEBERMAN, KERRY, and KENNEDY, 

who joined me in introducing a standalone version of this bill last week and 

have worked with me for many years 

to preserve this beautiful part of New 

England. I would also like to thank the 

chairman of the Energy and Natural 

Resources Committee, Senator BINGAMAN, for his tireless work to pass all of 

the critically important public lands 

bills included in S. 22. Because of his 

efforts, hundreds of thousands of acres 

of pristine wilderness will be added to 

the National Wilderness Preservation 

System, and many new ecologically 

unique and culturally significant sites 

will receive Federal protection under 

the National Wild and Scenic Rivers 

System, the National Trails System, 

and the National Heritage Area program. 

I have long felt that as Senators, one 

of our most important obligations is to 

ensure that our Nation’s vast array of 


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