[Pages S2962-S2965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. HOEVEN (for himself, Ms. Klobuchar, Mr. Cornyn, Mr.
Begich, Ms. Ayotte, Mrs. Shaheen, Mr. Portman, Mr. Risch, Mr.
Coats, Mr. Chambliss, Mr. Lee, Mr. Graham, Mr. Blumenthal, Mr.
Manchin, Mr. Alexander, Mr. McCain, Mr. Toomey, Mr. Enzi, Mr.
Kirk, Mr. Barrasso, Mr. McConnell, Mr. Coburn, Mr. Scott, Mr.
Inhofe, Mr. Grassley, Mr. Heinrich, Mr. Roberts, Mr. Crapo, Mr.
Johnson of Wisconsin, Mr. Johanns, Mr. Paul, Mr. Cochran, Mrs.
Fischer, Mr. Sessions, Mr. Wicker, Mr. Blunt, Mr. Boozman, Mr.
Rubio, and Mr. Hatch):
S. 794. A bill to prevent an increase in flight delays and
cancellations, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. HOEVEN. Mr. President, I rise this morning to introduce
legislation. The legislation is entitled the ``Dependable Air Service
Act.'' It is a very simple, straightforward solution to the issue of
the furloughs of air traffic controllers, and I would like to take just
a few minutes to describe it.
This is bipartisan legislation. I would like to start out by thanking
my cosponsors. The lead cosponsor is Senator Amy Klobuchar of
Minnesota, but other cosponsors are Senator John Cornyn of Texas,
Senator Rob Portman of Ohio, Senator Kelly Ayotte, Senator Risch of
Idaho, and also Senator Jean Shaheen of New Hampshire. As one can see,
it is bipartisan legislation. These are original cosponsors on the bill
with me, and we will have more, as we are talking to others.
As I said, this is a very simple, straightforward solution to the
issue we face of delays in our airports across the country because of
the furloughs to air traffic controllers. What the bill does is to say
to the Administrator of the FAA--the Federal Aviation Administration,
Administrator Huerta--that he can use dollars within his budget, move
them around as he needs to move them around, and that is what he needs
to do--to move dollars around within his budget so he does not have to
take $206 million out of the salary line of the air traffic
controllers. He can then decide what reductions he can make in those
salaries and what level of furloughs he can make to air traffic
controllers but still maintain air service on an on-time basis, so we
have dependable on-time air service across this country for our
citizens.
Further, it provides that if for any reason the FAA Administrator,
within his budget, cannot fully accomplish that, then the Secretary of
Transportation, Mr. LaHood, can work with him to utilize funds within
the budget of the Department of Transportation. It provides the
authority, quite simply, to move the dollars around within the budget
of the DOT--Department of Transportation--and gives the Secretary that
authority to make sure they do not furlough more air traffic
controllers than are needed to keep our air flights on time, to keep
service, of course, safe and dependable so the traveling public can be
assured their flights are going to be on time.
The FAA has announced they are furloughing about 1,500 air traffic
controllers, which is about 10 percent of their total air traffic
controller workforce. They are doing this to save $206 million of the
roughly $630 million to $640 million the FAA is reducing under
sequestration. They have the authority to move 2 percent of their
operating budget without congressional approval, and they have the
authority to move up to 5 percent of their operational budget around
with congressional approval, which means coming to the Appropriations
Committee and getting approval to move up to that 5 percent. But FAA
Administrator Huerta has said that is not a sufficient amount to make
the adjustments he needs to make within the FAA budget to address the
furlough issue.
So what this bill does, quite simply, is it says: Look, you can move
the dollars as you need to within your budget. You have the flexibility
and the authority to do that. Do that. And if for any reason that isn't
sufficient, then Secretary LaHood can backstop that through the
Department of Transportation dollars.
To put this into perspective, the total budget for the Department of
Transportation is $72 billion--$72 billion--and the total cuts
throughout DOT, which includes the FAA, under sequestration is about $1
billion--$1 billion. The FAA is taking $637 million of that reduction.
Of course, the real issue we are dealing with in terms of flight delays
is that about $206 million comes out of the air traffic controller
salary line. So what we are saying is: Look, make some reductions, find
some economies, do what you can within the air traffic controller line,
just as you are doing across the budget. We should all be doing that
because the Federal Government has a huge deficit. We have a huge debt.
We have to find ways to reduce spending. So we are all in this together
and we have to find sensible, commonsense ways to minimize the impact
to the public. We have to, with that approach, find savings. So find
the savings you can in terms of how many air traffic controllers you
can truly furlough and then move the dollars you have to in order to be
sure we do not impact the traveling public.
Again, this is a bipartisan bill. This is a simple--straightforward
solution to the issue, and we need to do it. We need to do it.
On Monday, reports were there were 1,200 flights delayed across the
country. At airports in New York, in Dallas, and in Los Angeles, some
of those flights were up to several hours. What the FAA has indicated
is that up to 6,700 flights a day out of the roughly 23,000-plus
flights a day may be delayed because of these air traffic controller
furloughs. There is no reason for that. So I want the public to know we
are putting forth a simple, straightforward bipartisan solution that
still saves the dollars we need to save but gives the simple,
straightforward flexibility that is necessary--both within FAA and DOT,
if necessary--to make the adjustments, to make sure those flights are
on time for the traveling public.

I called Secretary LaHood yesterday. I said: What do you think? He
said: I think that will work fine. Great. Let's work together. Let's do
it.
We talked to the airlines association. We talked to the FAA
Administrator and said: What do you think? The air traffic controllers
union: What do you think? They all seemed to say: Commonsense, simple,
straightforward. Let's do it.
Let's make sure we solve problems for the American public. They need
to know that not only are their flights safe, they need to know they
are dependable. They need to know when they show up at the airport that
airplane is going to leave when they expect it to leave. It is
important for our families, it is important for our businesses, it is
important for the economy of this country, and it is easily solved. So
let's do it.
I ask my colleagues to join me in this legislation.
______

By Mr. DURBIN (for himself and Mr. Kirk):
S. 796. A bill to designate the facility of the United States Postal
Service located at 302 East Green Street in Champaign, Illinois, as the
``James R. Burgess Jr. Post Office Building''; to the Committee on
Homeland Security and Governmental Affairs.
Mr. DURBIN. Mr. President, today along with my colleague Senator Mark
Kirk, I introduced a bill to name the United States Postal Service
facility at 302 East Green Street in Champaign, Illinois, as the James
R. Burgess Jr. Post Office Building.
I am proud to introduce this measure to honor Mr. Burgess, an
accomplished Illinois war veteran and public servant. Mr. Burgess
served his country honorably in World War II and after. At age 29, he
led one of six companies in the 761st Tank Battalion, the first
African-American armored unit to enter battle in World War II. The
761st served under General George Patton. After the war, he remained in
the military, serving in Army intelligence. As part of his training,
Mr. Burgess attended both German

[[Page S2963]]

and Russian language school. He retired from the Army in 1962 with a
``top secret'' clearance.
After his military career, Mr. Burgess moved his wife and two sons to
Champaign where he earned a law degree from the University of Illinois.
After moving to Chicago for a time, the family eventually returned to
Champaign where Mr. Burgess worked for the Champaign County State's
Attorney. In 1972, he was elected to the post himself. He became the
first and, to this day, the only African American elected to county-
wide office in Champaign County.
In 1977, President Jimmy Carter appointed Mr. Burgess to be United
States Attorney for what was then the Eastern District of Illinois. He
held that position until 1982. Mr. Burgess passed away in 1997.
I look forward to working with my colleagues in the House and Senate
to complete the effort long-undertaken by his loving son, Steve, and
family to honor this worthy Illinoisan and patriotic American.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 796

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. JAMES R. BURGESS JR. POST OFFICE BUILDING.

(a) Designation.--The facility of the United States Postal
Service located at 302 East Green Street in Champaign,
Illinois, shall be known and designated as the ``James R.
Burgess Jr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``James R. Burgess Jr. Post Office
Building''.
______

By Mr. CORNYN:
S. 800. A bill to require the Secretary of Veterans Affairs to ensure
that the South Texas Department of Veterans Affairs Health Care Center
at Harlingen, located in Harlingen, Texas, includes a full-service
inpatient health care facility of the Department of Veterans Affairs,
to redesignate such center, and for other purposes; to the Committee on
Veterans' Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 800

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Treto Garza Far South Texas
Veterans Inpatient Care Act of 2013''.

SEC. 2. INPATIENT HEALTH CARE FACILITY AT DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITY IN HARLINGEN,
TEXAS.

(a) Findings.--Congress makes the following findings:
(1) The current and future health care needs of veterans
residing in Far South Texas are not being fully met by the
Department of Veterans Affairs.
(2) According to recent census data, more than 108,000
veterans reside in Far South Texas.
(3) Travel times for veterans from the Valley Coastal Bend
area from their homes to the nearest Department of Veterans
Affairs hospital for acute inpatient health care can exceed
six hours.
(4) Even with the significant travel times, veterans from
Far South Texas demonstrate a high demand for health care
services from the Department of Veterans Affairs.
(5) Ongoing overseas deployments of members of the Armed
Forces from Texas, including members of the Armed Forces on
active duty, members of the Texas National Guard, and members
of the other reserve components of the Armed Forces, will
continue to increase demand for medical services provided by
the Department of Veterans Affairs.
(6) The Department of Veterans Affairs employs an annual
Strategic Capital Investment Planning process to ``enable the
VA to continually adapt to changes in demographics, medical
and information technology, and health care delivery'', which
results in the development of a multi-year investment plan
that determines where gaps in services exist or are projected
and develops an appropriate solution to meet those gaps.
(7) According to the Department of Veterans Affairs, final
approval of the Strategic Capital Investment Planning
priority list serves as the ``building block'' of the annual
budget request for the Department.
(8) Arturo ``Treto'' Garza, a veteran who served in the
Marine Corps, rose to the rank of Sergeant, and served two
tours in the Vietnam War, passed away on October 3, 2012.
(9) Treto Garza, who was also a former co-chairman of the
Veterans Alliance of the Rio Grande Valley, tirelessly fought
to improve health care services for veterans in the Rio
Grande Valley, with his efforts successfully leading to the
creation of the South Texas VA Health Care Center at
Harlingen, located in Harlingen, Texas.
(b) Redesignation of South Texas Department of Veterans
Affairs Health Care Center.--
(1) In general.--The South Texas Department of Veterans
Affairs Health Care Center at Harlingen, located in
Harlingen, Texas, is redesignated as the ``Treto Garza South
Texas Department of Veterans Affairs Health Care Center''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
medical facility of the Department of Veterans Affairs
referred to in paragraph (1) shall be deemed to be a
reference to the ``Treto Garza South Texas Department of
Veterans Affairs Health Care Center''.
(c) Requirement of Full-service Inpatient Facility.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that the Treto Garza South Texas Department of
Veterans Affairs Health Care Center includes a full-service
inpatient health care facility of the Department and shall
modify the existing facility as necessary to meet that
requirement.
(2) Plan to expand facility capabilities.--The Secretary
shall include in the annual Strategic Capital Investment Plan
of the Department a project to expand the capabilities of the
Treto Garza South Texas Department of Veterans Affairs Health
Care Center by adding the following:
(A) Inpatient capability for 50 beds with appropriate
administrative, clinical, diagnostic, and ancillary services
needed for support.
(B) An urgent care center.
(C) The capability to provide a full range of services to
meet the needs of women veterans.
(d) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report detailing a plan to implement the
requirements in subsection (c), including an estimate of the
cost of required actions and the time necessary for the
completion of those actions.
(e) Far South Texas Defined.--In this section, the term
``Far South Texas'' means the following counties in Texas:
Aransas, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit,
Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy,
Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria,
Webb, Willacy, Zapata.
______

By Mr. ROCKEFELLER (for himself, Mr. Manchin, Mr. Harkin, and
Mrs. Murray):
S. 805. A bill to improve compliance with mine and occupational
safety and health laws, and empower workers to raise safety concerns,
prevent future mine and other workplace tragedies, and establish rights
of families of victims of workplace accidents, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. ROCKEFELLER. Mr. President, I rise today to discuss mine safety,
a critical issue to my state and the tens of thousands of miners across
the Nation.
Earlier this month we observed the third anniversary of the Upper Big
Branch mine disaster which killed twenty nine of our Nation's miners.
That disaster, the most deadly in decades, shocked the country and made
us realize that we must aggressively and continually seek to make
mining safer and we cannot rest--because no number of deaths or
accidents is acceptable.
In the past 3 years we have seen some positive steps in our Nation's
mine safety efforts.
As part of the Dodd-Frank bill we required publicly-traded mining
companies to report safety information to their shareholders through
their public filings with the Securities and Exchange Commission.
Congress provided additional funds, $22 million, for MSHA and the
Federal Mine Safety and Health Review Commission to reduce the appeals
backlog, enforce mine safety laws and investigate the Upper Big Branch
Disaster.
MSHA has also pursued increased enforcement actions through their
impact inspections that target violations at unsafe mines with poor
compliance history or specific safety concerns. As of March 2013, the
Administration had conducted 579 impact inspections, resulting in
10,036 citations, 946 orders, and 43 safeguards.
The administration has finalized rules to improve the broken
``Pattern

[[Page S2964]]

of Violations'' process to better pursue repeat offenders.
While we have had these improvements we also know that 97 miners have
died on the job since this tragedy. That is 97 new grieving families.
That is unacceptable to me, and I think to most people.
So it is clear that we must do more.
That is why today I am reintroducing my comprehensive mine safety
legislation the Robert C. Byrd Mine and Workplace Safety and Health Act
of 2013. We do incredibly important things in this bill including.
We give MSHA expanded authority to subpoena documents and testimony.
Currently, MSHA does not have the authority to subpoena documents or
testimony from operators outside the context of a formal, public
hearing. MSHA should have this authority in the context of
investigations and inspections as well as public hearings.
We provide for an independent investigation of the most serious
accidents. The bill creates an independent panel, comprised of a team
of independent experts, to investigate the actions of both the operator
and MSHA for serious accidents, including any accident involving three
or more deaths.
We strengthen whistleblower protections for miners who speak out
about unsafe conditions. This bill will require one hour annually of
``miner's rights training'' to inform workers of the law's protections,
give miners an express right to refuse unsafe work, expand the time
limit for filing a complaint about retaliation from 60 to 180 days, and
authorize punitive damages and criminal penalties for retaliation
against workers who raise safety concerns.
We increase maximum penalties. Currently, criminal violations of mine
safety laws are a misdemeanor for a first offense. To provide a strong
deterrent for such serious misconduct, the penalties for knowing
violations of safety standards will be raised to the felony level,
including providing felony penalties for miners, operators, and
government officials who knowingly provide advance notice of
inspections.
We also increase civil penalties for making unsafe ventilation
changes and violating mandatory health or safety standards for rock
dusting or failing to keep the records required. These are areas of
particular concern that were highlighted by investigations conducted by
the Mine Safety and Health Administration, the United Mine Workers of
America, and the Governor's Independent Investigation.
We limit Miners' Exposure to Black Lung Disease. This debilitating
disease is on the rise among a new generation of coal miners.
Specifically, the provision would require that MSHA issue a rule within
6 months, a rule that is long overdue, to lower exposure levels to
respirable dust which would provide the maximum feasible protection
that is achievable through environmental controls. It would also
require that MSHA reexamine the incidence of black lung disease every 5
years and, unless there is a decline in black lung, update the
regulations again. More than 70 percent of the victims tested at Upper
Big Branch were determined to have signs of black lung disease.
We improve Federal and State Coordination to Combat Safety
Violations. The Governor's Independent Investigation Panel recommended
that Federal and State agencies immediately work together to address
safety problems at mines right after they are found out, and this
provision would strongly encourage such actions.
I want to be very clear that I will not give up on fighting for the
safety and health of our Nation's miners. Health and safety are issues
that people shouldn't have to compromise on. I will continue this fight
for West Virginia's miners and it is my hope that more of my colleagues
will join me in these efforts.
Mr. HARKIN. Mr. President, I strongly support the Robert C. Byrd Mine
and Workplace Safety Act. This bill brings the Nation's mine health and
safety laws up to date, gives mine safety officials the ability to
effectively investigate and shut down habitually dangerous mines, and
holds mine operators accountable for putting their workers in
unnecessary danger.
It has been over 3 years since April 5, 2010, when a massive
explosion ripped through Massey Energy's Upper Big Branch Mine in West
Virginia, tragically killing 29 miners. As the son of a coal miner, I
continue to feel these losses very deeply, on a very personal level. My
heart goes out to the family and coworkers of every worker who is
killed or injured on the job. Too many of these tragedies are
preventable, and we should not rest until the day comes when no hard-
working American has to sacrifice his or her life for a paycheck.
The Upper Big Branch catastrophe spurred numerous investigations, and
the resulting reports have yielded insight into specific ways that the
government can act to improve the health and safety of our Nation's
miners. Under the leadership of Joe Main, the Mine and Safety Health
Administration has already taken many such important steps. One of
their bold new safety initiatives that flowed from the Upper Big Branch
explosion was to overhaul the ``pattern of violations'' process, which
targets the worst actors in the mining industry. The pattern of
violations regulation addresses a root cause of the Upper Big Branch
disaster by strengthening worker protections at mines where operators
are repeatedly and flagrantly disregarding safety rules. It is a
substantial step forward that will help address the problems at our
most dangerous mines before disaster strikes. And MSHA has made similar
progress on other recommendations stemming from the Upper Big Branch
disaster. Indeed, according to a March 31, 2013, report from the Labor
Department's Office of Inspector General, MSHA has already implemented
or is on track to timely address all of the 100 recommendations with
deadlines from the investigative teams that studied the Upper Big
Branch explosion.
I applaud these efforts wholeheartedly, and I am pleased to mark our
Nation's progress in mine safety reform. On-the-job deaths of miners
reached a record low in 2012 of 35. But 35 deaths means 35 brothers,
sons, uncles, and fathers were stolen away from their families last
year--a number that is still far too high. Catastrophes like the Upper
Big Branch explosion make it clear that our work here is unfinished.
To prevent yet another disaster and more unnecessary deaths, Congress
must do its part. It is time for the Senate to take action and ensure
that a disaster like the Upper Big Branch explosion will never happen
again. We need to strengthen the oversight system for the most
dangerous mines, fortify penalties for operators who willfully put
miners at risk, and make sure miners are protected if they raise safety
concerns. And that is why I strongly support the Robert C. Byrd Mine
and Workplace Safety Act of 2013. This bill is an important step in
making good on an obligation we have to health and safety of our
courageous miners and their families.
This bill stands for some fundamental principles I believe are shared
by all Americans.
We believe that every American deserves to go to work without fearing
for his or her life.
We believe that responsible businesses that put safety first
shouldn't have to compete with businesses that prioritize a quick buck
over the safety of their employees.
We believe that employers who put workers' lives at risk should face
serious consequences that will force them to change their ways.
We believe that companies shouldn't be able to hide behind high
priced lawyers and convoluted corporate structures to avoid being held
accountable for their actions.
We believe that the critical agencies charged with protecting
workers' lives should have all the tools they need to get the job done.
We believe that whistleblowers are the first line of defense in safe
workplaces and deserve strong protection from discrimination and
retaliation.
The Robert C. Byrd Mine and Workplace Safety Act of 2013 reflects
these core principles and includes effective policies to achieve them.
Its passage would be a major step forward for workplace safety.
This legislation also makes common sense reforms to the Occupational
Safety and Health Act, OSHA, which has not been significantly updated
since it was passed over 40 years ago. For example, whistleblower
protections under the OSH Act are toothless and unfairly tilted against
workers

[[Page S2965]]

who risk their career to protect the public welfare. This bill makes
essential changes to ensure that workers are protected, including
lengthening OSHA's 30-day statute of limitation for whistleblowers,
providing for reinstatement while the legal process unfolds for cases
with an initial finding of merit and giving the worker the right to
file their own claim in court if the government does not investigate
the claim in a timely manner.
The bill also strengthens criminal and civil penalties that, at
present, are too weak to protect workers. Under current law, an
employer may be charged--at most--with a misdemeanor when a willful
violation of OSHA leads to a worker's death. Under the Robert C. Byrd
Mine and Workplace Safety Act of 2013, felony charges are available for
an employer's repeated and willful violations of OSHA that result in a
worker's death or serious injury. The bill also updates OSHA civil
penalties--which have been unchanged since 1990--and sets a minimum
penalty of $50,000 for a worker's death caused by a willful violation.
In addition to toughening sanctions for employers who needlessly
expose their employees to risk, the bill makes sure that the government
is responsive to workers when investigating charges. It guarantees
victims the right to meet with the person investigating the claim, to
be notified of and receive copies of reports or citations issued in the
investigation, and to be notified of and have the right to appear at
proceedings related to their case. Victims of retaliation should not
suffer the double indignity of being ignored by government officials
charged with protecting them.
I hope that my colleagues on both sides of the aisle will support the
Robert C. Byrd Mine and Workplace Safety Act of 2013. This important
bill would take a tremendous step forward for mine safety and could
ultimately save the lives of thousands of hard-working Americans.

____________________