Service Workers Fairness Act
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Read twice and referred to the Committee on Finance.
February 27, 2004
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Introduced in Senate
February 27, 2004
Sponsor introductory remarks on measure. (CR S1892-1893)
February 27, 2004
Read twice and referred to the Committee on Finance.
February 27, 2004
Floor Debate
5 membersWhat members said about S. 2143 on the floor
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Floor Debate
5 membersWhat members said about S. 2143 on the floor
Mr. President, on December 15, 2004, my office released a white paper entitled ``Data Dearth in Offshore Outsourcing: Policymaking Requires Facts.'' This white paper is closely linked to a previous…
Mr. President, on December 15, 2004, my office released a white paper entitled ``Data Dearth in Offshore Outsourcing: Policymaking Requires Facts.'' This white paper is closely linked to a previous white paper entitled ``Offshore Outsourcing and America's Competitive Edge: Losing Out in the High Technology R&D and Services Sectors.'' The latter was released by my office in May 2004. A summary of that report appeared in the Record on May 21, 2004.
A key conclusion of the May paper was the absence of reliable data to measure and assess the offshore outsourcing phenomenon. We do not have good data on the offshoring problem, and the data we have are general in nature. Estimates vary widely on the number of jobs moving overseas, and the lack of reliable data contributes to incorrect conclusions about the impacts of offshore outsourcing, which can result in flawed policy responses. We need data to understand what we are facing so we can chart a sure and steady course for the future. There is enough anecdotal data about job losses to spark debate and, in some cases, result in policies which may provide a short-term fix but which do not produce longer term solutions to preserve U.S. innovation and ensure U.S. competitiveness. Comprehensive and balanced data on both job gains and job losses resulting from offshore outsourcing are essential. This data must be assembled by U.S. Federal Government agencies, including the Department of Commerce and the Department of Labor, where data- gathering capabilities are extensive and research methodologies are transparent.
The lack of data is critical because the issues raised in the May white paper are so important. The white paper was designed to stimulate a deeper review of the long-term implications for our policy responses and to change the terms of the debate on offshore outsourcing. The paper looked at rising global competition and the challenges posed to America's competitive advantage. Globalization is our current and future reality; there is no escaping it. The U.S. economy is inextricably linked to the rest of the world; our fortunes rise and fall depending on our performance with our trading partners and our competitors. Our strength and success with China, India, and other emerging markets is as important to future U.S. economic and national security as the competition with Japan and Europe was to U.S. growth over the last 50 years. The offshore outsourcing phenomenon is one of the challenging manifestations of globalization.
The May white paper found that it was not just manufacturing jobs that are subject to global outsourcing--where 2.7 million jobs have disappeared since 2000--but service sector and high-end R&D jobs are also being hit by offshore outsourcing. And it is not just call centers, data entry facilities, and other entry-level service jobs that are impacted by offshore outsourcing. Higher skill professional jobs-- from engineering, computer chip design to nanotechnology R&D--are beginning to go overseas, and with these jobs, we may be losing key parts of the talent and technology which fueled the record growth and prosperity of the 1990s. Fundamental changes are facing us, as key components of our innovation infrastructure--knowledge, capital, labor, technology and facilities--are increasingly mobile. Offshore outsourcing of labor, capital, and technology not only hurts workers but threatens our knowledge-based economy. If engineering, design, R&D, and services follow manufacturing abroad, U.S. competitiveness is weakened, and our economic prosperity and national security are threatened.
What is at stake is the ability of the United States to remain a global leader in innovation, to maintain good-paying jobs, and to expand our global market share. We must rethink long-term strategies on competitiveness, innovation, R&D, trade policy, and enforcement, as well as education and investments in human capital. However, we cannot begin to develop effective solutions until we have an understanding of the scope of the offshore outsourcing phenomenon. The need for data on offshore outsourcing is paramount.
Lord Kelvin, the 19th century Belfast-born physicist said:
When you can measure what you are speaking about and
express it in numbers, you know something about it; but when
you cannot measure it, when you cannot express it in numbers,
your knowledge is of the meager and unsatisfactory kind.
That was in a May 3, 1883 lecture to the Institute of Civil Engineers.
By improving U.S. Government data collection, we can ensure that our knowledge of offshore outsourcing is neither meager nor unsatisfactory, but informed and balanced. With improved data and analysis, we will build constructive and lasting solutions to address the challenges posed by offshore outsourcing.
I would like to thank Sara E. Hagigh of my staff and Mary Jane Bolle of the Congressional Research Service for their hard work in researching and preparing this report.
Mr. President, I ask unanimous consent to have excerpts from the white paper printed in the Congressional Record.
The material follows:
Excerpt 1, Summary of White Paper
The issue of offshore outsourcing has been at the center of
many key political and public debates over the last few
years. The term ``outsourcing'' has become part of our
everyday lexicon, gracing the covers of news magazines,
television broadcasts, and playing a central role in
Congressional debates during an election year. Most Americans
are aware of the issue of offshore outsourcing, but few of us
have an understanding of the full dimensions of the problem.
To develop a better understanding of offshore outsourcing,
my office released a white paper in May 2004 entitled
``Offshore
Outsourcing and America's Competitive Edge: Losing Out in the
High Technology R&D and Services Sectors.'' The white paper
found that it is not only manufacturing jobs that are being
outsourced overseas, where 2.7 million jobs have disappeared
since 2000. Offshore outsourcing has also begun to hit high-
end services and R&D jobs, and there is evidence that it is
not just call centers, data entry and other entry-level
service jobs that are impacted by offshoring. We are
beginning to send higher skill professional jobs overseas--
including engineering, computer chip design and
nanotechnology R&D, and with these jobs, we may be losing the
talent and technology that created the growth of the 1990s.
The white paper concluded that offshore outsourcing of high-
end services and R&D jobs could threaten our innovation
infrastructure, and therefore our economic prosperity, and
our national security.
A key conclusion of the white paper was the absence of
reliable data to measure and assess the offshore outsourcing
phenomenon. Estimates vary widely on the number of jobs
moving overseas, and the lack of reliable data contributes to
incorrect conclusions about the impacts of offshore
outsourcing. The result is flawed and ineffective policy
responses. In order to develop effective policies to address
the many facets of the offshore outsourcing challenge--
including investments in education and human capital, greater
investments in Federal, industrial, and services R&D, and
better enforcement of our trade agreements--we must have
better, more reliable data.
This paper provides a review and assessment of Federal data
on offshore outsourcing:
1. It begins by identifying a series of questions that
would produce useful data to measure offshore outsourcing.
These questions address information about job ``losses'' as
well as job ``gains'' from offshore outsourcing so we can
arrive at a balanced assessment of the impacts of offshore
outsourcing.
2. The report then surveys ten existing U.S. government
data sets, from the Departments of Labor and Commerce,
measuring aspects of offshore outsourcing. The report
enumerates strengths and weaknesses of each of the ten data
sets in measuring offshore outsourcing and identifies which
federal agency data best answer the questions posed in Table
1 of the report--Useful Data to Measure Offshore Outsourcing.
The report also contains Table 2 (Aspects of Offshore
Outsourcing Potentially Measurable with Existing Data), Table
3 (Legislative Recommendations for Improving Federal Agency
Data on Offshore Outsourcing), Appendix A (Federal Agency
Data's Strengths and Weaknesses for Measuring Offshore
Outsourcing) and Appendix B (Major U.S. trading partners).
3. Finally, the report makes five legislative
recommendations for improving Federal agency data to provide
a more useful measure of offshore outsourcing. The five
recommendations (summarized in Table 3, Legislative
Recommendations for Improving Federal Agency Data on Offshore
Outsourcing) are:
a. Extend the Trade Adjustment Assistance Program;
b. Require the Office of Trade Adjustment Assistance to
report data;
c. Require Bureau of Labor Statistics to make changes to
Mass Layoff data program;
d. Require the Commerce Department to publish annual
multipliers; and
e. Link Bureau of Economic Analysis and Bureau of Labor
Statistics data sets.
This report represents a beginning, not the end. We must
develop reliable and comprehensive data-gathering
capabilities at U.S. government agencies to measure
employment and economic effects of offshore outsourcing.
Without a better understanding of the scope of the problem,
effective policy solutions to offshore outsourcing cannot be
developed.
This is the fifth major white paper in a recent series on
U.S. economic growth my office has released. The four
previous papers are:
1. ``Offshore Outsourcing and America's Competitive Edge:
Losing Out in the High Technology R&D and Services Sectors,''
May 11, 2004.
2. ``Making America Stronger: A Report with Legislative
Recommendations on Restoration of U.S. Manufacturing,''
September 2003.
3. ``National Security Aspects of the Global Migration of
the U.S. Semiconductor Industry,'' June 2003.
4. ``Broadband: A 21st Century Technology and Productivity
Strategy,'' May 2002.
Excerpt 2, Data We Would Like To Have: Useful Data To Measure Offshore
Outsourcing
In a perfect world, data on offshore outsourcing and its
impact on the U.S. economy would be available to answer
questions about job losses from offshore outsourcing and
counterbalancing job gains. An assessment of the impact of
offshore outsourcing on U.S. employment levels and the
overall economy must balance both job gains and job losses.
Table 1 on p. 12 sets out these questions together with
short-hand answers on where the data can be found to respond
to each question. This report will then analyze and assess
all Federal agency data on offshore outsourcing.
In prioritizing data needs, it would be most important to
have data to answer the questions in Part A and Part B of
Table 1--a total of 10 questions. Part A includes 6 questions
on job losses from offshore outsourcing and Part B poses 4
questions on counterbalancing job gains. If data were
available to answer all of the questions in Parts A and B in
Table 1, the result would be a reasonably good picture of the
positive and negative effects of offshore outsourcing on the
U.S. economy, as well as on industries, States, and
localities, and their workers. After data in Parts A and B
are gathered, it would be useful to have the data in Part C
of Table 1, which address 7 specific questions including the
role of visa programs in offshoring operations and the impact
of offshore outsourcing on career choices of U.S. students.
Table 1 shows that almost no data are being made available
at this time to provide answers to any of the questions in
Table 1. Much of the data is either unpublished or not being
collected. Some data relating to U.S. exports and U.S.
foreign direct investment (both foreign and domestic) are
gathered by the Department of Commerce, but for the more
detailed questions relating to offshore outsourcing (listed
in Part C of Table 1), no U.S. government agency collects the
data. The unavailability of basic data to answer the
questions in Parts A and B (job losses and job gains from
offshore outsourcing) is in sharp contrast to the
comprehensive data that were available to answer similar
questions related to Mexico and Canada under the North
American Free Trade Agreement (NAFTA). These data were
available between 1994 and 2003 but are no longer being
published.
Excerpt 3, Recommendations
The next section outlines five legislative recommendations
that might be taken to produce data that would offer some
estimates of the extent and nature of offshore outsourcing.
These recommendations range from amending existing
legislation to increasing Federal agency reporting
requirements.
recommendation 1: extend the trade adjustment assistance (taa) program
One recommendation is to extend the TAA program to cover
two groups of workers not presently covered who lose their
jobs to offshore outsourcing: a) all service sector workers;
and b) workers producing ``articles'' who are currently not
covered under Sec. 113 of Title I of the Trade Act of 2002
(P.L. 107-210). Sec. 113 provides TAA benefits to workers if
they lose their jobs due to shifts in production to certain
countries, primarily countries with which the United States
has a trade agreement or a trade preference program (see
footnote 29 for a list of these 72 countries).
On the first issue of covering all displaced service sector
workers, there are a number of benefits in making this change
to the legislation authorizing the TAA program. Aside from
issues of equality in having the Trade Adjustment Assistance
Program cover all workers who lose their jobs to offshore
outsourcing, extending the program would result in data
covering virtually the complete range of jobs lost to
offshore outsourcing. From these data, analysts could
estimate the effects of offshore outsourcing on the Nation as
a whole, on individual industries, and on States and
localities. One drawback of expanding the TAA program to
provide benefits to services workers whose jobs are lost to
offshore outsourcing is that the program would cost more. No
estimate has been made on additional costs to the TAA program
resulting from covering services workers who lose their jobs
due to offshore outsourcing.
Legislation has been introduced in the 108th Congress to
extend the TAA program to cover service sector workers.
Senator Lieberman co-sponsored ``The Services Workers
Fairness Act'' (S. 2143), introduced by Senator Durbin, to
ensure that services workers losing their jobs to offshoring
are eligible for TAA benefits. Senator Lieberman also
supported an amendment to the Senate version of the Foreign
Sales Corporation-Extraterritorial Income Act bill (S. 1637)
introduced by Senators Wyden, Coleman, and Rockefeller to
extend the TAA program to cover services workers. While
the amendment failed to pass, Congress must continue
efforts to extend TAA benefits to all Americans who lose
their jobs due to offshoring, including services workers.
The second change to the TAA program would extend the TAA
program to cover workers producing articles whose job
relocates to any country. This provision was included in the
Senate-passed version of the TAA reauthorization, included in
the Trade Act of 2002, however it was yielded in the
Conference committee [See Trade Act of 2002, Conference
Report 107-624, July 26, 2002, p. 122.]. Under existing law,
TAA benefits go to workers who lose jobs when their firms
have shifted production to a country which: a) has a free
trade agreement with the United States; b) is a beneficiary
country under the Andean Trade Preference Act, the African
Growth and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or c) is likely to be an increase in imports to
the United States of articles like or directly competitive
with those the job loser produced. (Sec. 113, P.L. 107-210).
A review of the Department of Labor-Employment and Training
Agency's website on the TAA program shows that there are 72
countries that meet these requirements for shifts in
production (see footnote 29 of this report for the list of
countries). Yet, there are 148 members of the World Trade
Organization, and important trading partners and
key outsourcing destinations--like China and India--are not
on the list for shifts in production. This is a significant
limitation in the TAA program. At a minimum, the list of
eligible countries for production shifts should be expanded
to include all WTO members--currently 148 countries.
recommendation 2: require the office of trade adjustment assistance to
report data
A second recommendation is to require the Office of Trade
Adjustment Assistance to report data which it is already
collecting on applications for TAA certification. A database
for such reported data could include the following categories
of information for certified workers: Name of company,
location of business, products produced and North American
Industry Classification System (NAICS) industry code, place
to which production has shifted, or from which new imports
are being sourced, reason for the offshore outsourcing
(imports or production shift) and number of workers affected.
Publishing data of this type would not be new for the TAA
Office. Under the NAFTA-TAA program the office made available
data on certifications: a) By number of workers affected; b)
by industry code; c) by State and locality of the job losers;
and d) by country source of the job loss (i.e., the country
which was the source of imports or the target of the
production shift). These data are potentially the best, most
complete data available because: a) They are a direct count
of the estimated number of workers potentially affected by
the various offshore outsourcing events; and b) they are
required, not voluntary, on the part of applicants for
certification.
Despite these benefits, TAA data are an imperfect measure
of the total jobs lost to offshore outsourcing. They do not
measure service-producing jobs outsourced offshore (with a
few minor exceptions), and they do not measure all goods-
producing jobs outsourced offshore. Other imperfections are
that: a) They measure potential, not actual job loss, some of
which may not actually have occurred; and b) they fail to
measure tertiary jobs lost (e.g., independent service sector
jobs which support goods-production operations outsourced
offshore, such as those in stores in areas hit by closures).
recommendation 3: require bls to make changes in mass layoff data
program
Three requirements could improve data being reported by the
Bureau of Labor Statistics on the Extended Mass Layoffs
Associated with Domestic and Overseas Relocations Survey: 1)
Reduce survey size to businesses with 25 layoffs; 2)
disaggregate (separate into component parts) data on movement
of work; and 3) report data annually instead of quarterly.
(1) Reduce Survey Size to Businesses With 25 Layoffs. The
Extended Mass Layoff Survey, which contains a question on
movement of work, could be conducted on businesses which lay
off 25 or more workers instead of businesses which lay off 50
or more workers as is currently the case. A reduction in the
size of the companies surveyed would capture more layoff
events and increase the share of offshore outsourcing
instances reported.
BLS officials estimate that expanding the Mass Layoff
Survey to layoffs of 25 workers or more would allow the
program to identify more than double the number of potential
layoff events requiring a telephone interview. BLS officials
estimate that such an expansion in the MLS survey program
will require $3.3 million in additional funds, including 3
full time equivalent employees. Of this total, $2.7 million
would go to States for the MLS employer interview and related
activity. The remaining $600,000 would support BLS data
collection, analysis, and publication activities.
Reducing the size of the business surveyed in the Extended
Mass Layoff Survey does not alter the weaknesses of such data
and survey methods, namely that the survey is voluntary and
the quality of results depends on who in the organization
responds to the survey and their knowledge of the causes of
jobs going offshore. BLS officials also raised concerns about
extra reporting burdens by reducing the size of business
surveyed.
(2) Disaggregate Data on Movement of Work. BLS could be
required to disaggregate (separate into component parts) and
report separately detailed data on the two categories of
``movement of work''--movement of work to another location
inside the United States versus movement of work to another
location outside the United States. Detailed data to be
reported could include distribution of layoffs by industry or
region of the country affected by the layoff.
Many believe that disaggregating the data is the only way
to make the data on movement of work useful. In its current
form, data on offshore outsourcing are imbedded in data on
movement of work within the United States, thus the data are
not useful for measuring offshore outsourcing except for a
few summary numbers.
Even with greater data disaggregation, the Extended Mass
Layoff Survey remains voluntary. It is widely believed that
companies are reluctant to reveal data on offshore
outsourcing, although BLS reports a better than 90 percent
response rate in the Extended Mass Layoff Survey in each of
the first three quarters of 2004. As previously noted, the
quality of survey responses depends on the company contact
person who may not readily have answers about whether the
``movement of work'' is to an offshore location or to another
location in the United States. Companies will likely argue
that providing this level of detail presents additional
burdens, both from a personnel and a financial point of view.
(3) Report Data Annually. The Department of Labor-Bureau of
Labor Statistics could be required to report the Extended
Mass Layoff Survey data annually instead of quarterly. Annual
reporting would enable more detail to be published, since
privacy rules prohibit the reporting of survey data which
represents a sample size of fewer than three businesses.
Annual reporting of data would not solve the survey's
limitations, namely that reporting is voluntary, results
depend on who responds to the survey, and the additional
reporting burdens placed on businesses. However, we could
gain very helpful data if this recommendation was
implemented.
Recommendation 4: Require DOC to Publish Annual Multipliers
The Department of Commerce should be required to publish
annual ``multipliers'' showing for goods and services
separately and combined, the number of jobs supporting a
billion dollars worth of exports in each category. The
product of the multipliers and the value of exports can then
yield an estimate of the total number of U.S. jobs producing
for export. Comparing the number of workers producing for
export across years yields an estimate of job ``gains'' from
exports over time. These job gain estimates could provide an
important context for estimates of job losses and are
necessary to provide a full assessment of the effects of
offshore outsourcing.
Some updating of the model used to prepare the job gains
from trade estimates would likely be required in order to
produce these data on an annual basis.
Recommendation 5: Link BEA and BLS Data Sets
The Department of Commerce-Bureau of Economic Analysis and
the Department of Labor-Bureau of Labor Statistics should be
required to link their data sets, which could provide
synergies. BEA could link its data on multinational
corporations with relevant BLS data--including occupational
data and movement of work data in the Extended Mass Layoff
Survey. Both BEA and BLS would be required to be transparent
regarding their data collection methodologies. While there
may be some value in sharing data and identifying greater
detail on wages, occupation and skill level of jobs going
overseas, there is no certainty that providing these data
links will improve the quality of data on offshore
outsourcing. Such data linkages may be more valuable after
BEA and BLS improve their individual agency's data collection
on offshore outsourcing, by implementing the recommendations
in this report and any other suggestions to be developed.
However, data linkages could provide important additional
perspectives.
Excerpt 4, Conclusion
If all of these legislative recommendations are followed,
Congress would have available more accurate data on the
phenomenon of offshore outsourcing. This could include better
estimates of how many jobs--both goods-producing jobs and
services producing jobs--are being outsourced to other
countries. From the Trade Adjustment Assistance database,
that would be equivalent to the data available between 1994
and 2002 under NAFTA. Data would be available for the United
States as a whole and by State, on how many jobs were being
``lost'' by industry, by city, by cause (imports or
production shifts), and by country to which jobs were being
transferred. Congress would also have available estimates on
U.S. jobs ``created'' to balance jobs lost to offshore
outsourcing. These new jobs would represent U.S. jobs
supporting new exports and U.S. jobs supported by new foreign
direct investment in the United States.
These data, providing U.S. government estimates of the
magnitude of job ``losses'' from offshore outsourcing and
counterbalancing job ``gains'' from new exports and foreign
direct investment in the United States, could assist Congress
in making a variety of informed policy decisions. In a
narrower sense, these policy decisions would help displaced
workers become employed in new jobs or help critical U.S.
industries maintain a presence in the United States. In a
broader sense, the data would help Congress make more
informed decisions which could affect both the short-range
and long-term economic health and welfare of the United
States, its industries, and its citizens.
Mr. President, today, I am introducing the Service Workers Fairness Act to provide aid for American workers facing a disturbing new trend: the offshore outsourcing of service jobs. Congress first…
Mr. President, today, I am introducing the Service Workers Fairness Act to provide aid for American workers facing a disturbing new trend: the offshore outsourcing of service jobs.
Congress first established Trade Adjustment Assistance (TAA) in 1962, in recognition that international trade can harm our workers. The program was overhauled in 1974, and since then, it has offered extended unemployment compensation benefits and job training for workers who lose their manufacturing jobs due to import competition.
Over the past decade, Congress has shown its willingness to adapt to increasing globalization by modernizing TAA. For example, in 1993, with the adoption of the North American Free Trade Agreement, we added a provision to offer those same unemployment and job training benefits to workers whose manufacturing jobs were relocated to Canada or Mexico. Most recently, when the program was reauthorized in 2002, we expanded eligibility once again. The program now includes workers whose manufacturing jobs have been relocated to certain countries other than Canada or Mexico. It also now provides assistance to certain secondary workers who have lost their manufacturing jobs as suppliers or downstream producers to firms that have been affected by trade or plant relocation.
Despite these changes, one factor has remained constant: Trade Adjustment Assistance is only available to workers in the manufacturing sector. If a service sector employee's job has been outsourced to a foreign country, he or she is not eligible for TAA because the performance of services is not considered production of an ``article,'' as required by the law.
I can understand why the law was written that way--until recently, we believed that our service jobs were not put at risk by international trade. But now, unfortunately, we know this is no longer the case. Hundreds of thousands of service sector jobs already have been outsourced to other countries, including China and India. A report by Forrester Research predicts that 3.3 million service jobs will be outsourced by the year 2015--and some economists believe that forecast is conservative. Last fall, the Fisher Center for Real Estate and Urban Economics at the University of California, Berkeley, estimated that more than 14 million service jobs are ``at risk to outsourcing''--that is 11 percent of all jobs.
That is the outer limit of service jobs at risk, but it demonstrates that this issue will reach far beyond the software programmers and call centers that are receiving attention today. The Fisher Center report notes that the jobs being created in India and elsewhere also include the following service sectors: geographic information systems services for insurance companies; stock market research for financial firms; medical transcription services; legal online database research; data analysis for consulting firms; and payroll and other back-office related activities.
In fact, the offshore outsourcing of service jobs likely will grow at a much
faster rate than the manufacturing outsourcing we have witnessed over the past two decades because there is an enormous cost differential in the wages of well-educated workers here and abroad. For example, the hourly wage for telephone operators in the United States is $12.57, while it is less than $1.00 in India. The hourly wage for legal assistants and paralegals in the United States is $17.86, compared to $6.00 to $8.00 in India. Accountants in the United States earn $23.35 per hour, while those in India earn $6.00 to $15.00 per hour. Finally, financial researchers and analysts in the United States earn $33.00 to $35.00 per hour, while those in India earn only $6.00 to $15.00 per hour.
The offshore outsourcing of service jobs already is having an impact on our economy. For example, it may be one reason that the recent increase in the unemployment rate is larger for highly-educated workers. From 2000 to 2003, total unemployment for workers with at least a bachelor's degree increased by 95 percent, compared to a 40 percent increase for workers with a high school diploma or less. Statistics for long-term unemployment--representing workers who have been unemployed for more than six months--are similar. From 2000 to 2003, long term unemployment for workers with at least a bachelor's degree increased by 299 percent, compared to an increase of 156 percent for workers with a high school diploma or less.
The offshore outsourcing of service jobs also may help explain why the few jobs that have been created since the recession officially ended in November 2001 have been primarily in low-paying sectors.
The question before us today is: How should Congress respond to this new facet of globalization and how can we aid these hundreds of thousands--and eventually millions--of service workers whose jobs have been outsourced?
Although there are broader trade issues that we should examine over time, there is one thing we can and should do now, and that is extend Trade Adjustment Assistance to these service employees. The service- providing sector provides more than 86 million jobs and accounts for more than half of our total GDP. We must extend the same helping hand to these men and women when their jobs are outsourced as we do to workers in the manufacturing sector.
Trade Adjustment Assistance not only provides additional unemployment compensation benefits. Just as importantly, it provides training to help workers find jobs at a similar or higher skill level, including classroom training, on-the-job training, and customized employer-based training. TAA also provides reemployment services, including employment counseling, case assessment, job development, and supportive services.
The bill I am introducing today, the Service Workers Fairness Act, would provide TAA eligibility to laid-off service workers whose firm shifts the work for the same or directly competitive services to a foreign country. It also would cover contract service workers whose contracts have been shifted overseas. Finally, my bill would extend the current provisions for adversely affected secondary workers to those who provide services.
Last week, Federal Reserve Chairman Alan Greenspan noted that ``rigorous education and ongoing training'' are critical in ensuring that as many Americans as possible can benefit from increased globalization.
My bill would provide this education and training to service workers whose jobs are outsourced abroad. I urge my colleagues to join me in support of this important legislation.
Mr. President, today, I am introducing the Service Workers Fairness Act to provide aid for American workers facing a disturbing new trend: the offshore outsourcing of service jobs. Congress first…
Mr. President, today, I am introducing the Service Workers Fairness Act to provide aid for American workers facing a disturbing new trend: the offshore outsourcing of service jobs.
Congress first established Trade Adjustment Assistance (TAA) in 1962, in recognition that international trade can harm our workers. The program was overhauled in 1974, and since then, it has offered extended unemployment compensation benefits and job training for workers who lose their manufacturing jobs due to import competition.
Over the past decade, Congress has shown its willingness to adapt to increasing globalization by modernizing TAA. For example, in 1993, with the adoption of the North American Free Trade Agreement, we added a provision to offer those same unemployment and job training benefits to workers whose manufacturing jobs were relocated to Canada or Mexico. Most recently, when the program was reauthorized in 2002, we expanded eligibility once again. The program now includes workers whose manufacturing jobs have been relocated to certain countries other than Canada or Mexico. It also now provides assistance to certain secondary workers who have lost their manufacturing jobs as suppliers or downstream producers to firms that have been affected by trade or plant relocation.
Despite these changes, one factor has remained constant: Trade Adjustment Assistance is only available to workers in the manufacturing sector. If a service sector employee's job has been outsourced to a foreign country, he or she is not eligible for TAA because the performance of services is not considered production of an ``article,'' as required by the law.
I can understand why the law was written that way--until recently, we believed that our service jobs were not put at risk by international trade. But now, unfortunately, we know this is no longer the case. Hundreds of thousands of service sector jobs already have been outsourced to other countries, including China and India. A report by Forrester Research predicts that 3.3 million service jobs will be outsourced by the year 2015--and some economists believe that forecast is conservative. Last fall, the Fisher Center for Real Estate and Urban Economics at the University of California, Berkeley, estimated that more than 14 million service jobs are ``at risk to outsourcing''--that is 11 percent of all jobs.
That is the outer limit of service jobs at risk, but it demonstrates that this issue will reach far beyond the software programmers and call centers that are receiving attention today. The Fisher Center report notes that the jobs being created in India and elsewhere also include the following service sectors: geographic information systems services for insurance companies; stock market research for financial firms; medical transcription services; legal online database research; data analysis for consulting firms; and payroll and other back-office related activities.
In fact, the offshore outsourcing of service jobs likely will grow at a much
faster rate than the manufacturing outsourcing we have witnessed over the past two decades because there is an enormous cost differential in the wages of well-educated workers here and abroad. For example, the hourly wage for telephone operators in the United States is $12.57, while it is less than $1.00 in India. The hourly wage for legal assistants and paralegals in the United States is $17.86, compared to $6.00 to $8.00 in India. Accountants in the United States earn $23.35 per hour, while those in India earn $6.00 to $15.00 per hour. Finally, financial researchers and analysts in the United States earn $33.00 to $35.00 per hour, while those in India earn only $6.00 to $15.00 per hour.
The offshore outsourcing of service jobs already is having an impact on our economy. For example, it may be one reason that the recent increase in the unemployment rate is larger for highly-educated workers. From 2000 to 2003, total unemployment for workers with at least a bachelor's degree increased by 95 percent, compared to a 40 percent increase for workers with a high school diploma or less. Statistics for long-term unemployment--representing workers who have been unemployed for more than six months--are similar. From 2000 to 2003, long term unemployment for workers with at least a bachelor's degree increased by 299 percent, compared to an increase of 156 percent for workers with a high school diploma or less.
The offshore outsourcing of service jobs also may help explain why the few jobs that have been created since the recession officially ended in November 2001 have been primarily in low-paying sectors.
The question before us today is: How should Congress respond to this new facet of globalization and how can we aid these hundreds of thousands--and eventually millions--of service workers whose jobs have been outsourced?
Although there are broader trade issues that we should examine over time, there is one thing we can and should do now, and that is extend Trade Adjustment Assistance to these service employees. The service- providing sector provides more than 86 million jobs and accounts for more than half of our total GDP. We must extend the same helping hand to these men and women when their jobs are outsourced as we do to workers in the manufacturing sector.
Trade Adjustment Assistance not only provides additional unemployment compensation benefits. Just as importantly, it provides training to help workers find jobs at a similar or higher skill level, including classroom training, on-the-job training, and customized employer-based training. TAA also provides reemployment services, including employment counseling, case assessment, job development, and supportive services.
The bill I am introducing today, the Service Workers Fairness Act, would provide TAA eligibility to laid-off service workers whose firm shifts the work for the same or directly competitive services to a foreign country. It also would cover contract service workers whose contracts have been shifted overseas. Finally, my bill would extend the current provisions for adversely affected secondary workers to those who provide services.
Last week, Federal Reserve Chairman Alan Greenspan noted that ``rigorous education and ongoing training'' are critical in ensuring that as many Americans as possible can benefit from increased globalization.
My bill would provide this education and training to service workers whose jobs are outsourced abroad. I urge my colleagues to join me in support of this important legislation.
Mr. President, I rise to introduce legislation to reauthorize the New Jersey Coastal Heritage Trail Route on behalf of myself and Senator Corzine. This bill makes a number of important changes to…
Mr. President, I rise to introduce legislation to reauthorize the New Jersey Coastal Heritage Trail Route on behalf of myself and Senator Corzine. This bill makes a number of important changes to legislation that was enacted in 1988 and reauthorized in 1994 and 1999.
The original legislation, which I co-sponsored, called for a route that links nationally significant natural and cultural sites associated with the coastal area of New Jersey. The New Jersey Coastal Heritage Trail runs south for nearly 300 miles from Perth Amboy along the Atlantic Ocean to Cape May, then west along the Delaware Bay to the Delaware Memorial Bridge. Along the way are sites like the Barnegat Bay Decoy and Baymen's Museum, the Cape May Migratory Bird Refuge, and the Sandy Hook Unit of the Gateway National Recreation Area.
Five theme trails, of which three are open, are planned to showcase different aspects of New Jersey coastal life: maritime history, coastal habitats, wildlife migration, historic settlements, and relaxation/ inspiration. The Trail is operated by a partnership that includes the National Park Service, the State of New Jersey, local communities, and private non-profit organizations. Fifty percent of the funding for the Trail is provided from non-federal funds.
My legislation raises the funding authorization for the New Jersey Coastal Heritage Trail to $8 million, doubling the current authorization of $4 million. The legislation also: extends the deadline for project completion by 5 years to May 4, 2009; allows funds to be used for grants in addition to technical assistance; and requires the National Park Service to prepare a strategic plan for the long-term maintenance of this coastal route. A companion bill, H.R. 3070, has been introduced in the House by Congressman LoBiondo, with cosponsorship by the entire New Jersey delegation.
New Jersey has a long shoreline of which we are extremely proud. This bill will provide the necessary resources and strategic planning to ensure that the New Jersey Coastal Heritage Trail fulfills its promise to the people of my home State and to visitors from around the world. The additional funding authorized in this bill will support: 1. Creation of a long-term strategic plan on the roles of the National Park Service and other Trail partners; 2. Development of two remaining theme trails (historic settlements and relaxation/inspiration); 3. Development of interpretive media such as videos, brochures and exhibits; 4. Technical assistance for the State park system, wildlife management, and historic and cultural sites; 5. Construction of a New Jersey State Park Service facility on the trail at Double Trouble State Park in the Barnegat Bay Region; 6. Continuing work on a welcome center at Sandy Hook; and 7. Construction of a welcome center in the Absecon region.
I urge my colleagues to support this legislation, which is needed to assure that funding for this valuable undertaking will continue to be authorized after May 2004.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, every year, Americans commemorate the birthday of America's greatest civil rights leader, Dr. Martin Luther King, Jr. Last year I was pleased to introduce legislation to authorize the…
Mr. President, every year, Americans commemorate the birthday of America's greatest civil rights leader, Dr. Martin Luther King, Jr. Last year I was pleased to introduce legislation to authorize the Secretary of the Treasury to mint coins to recognize Dr. King's contribution to the people of the United States. Revenues from the surcharge on the coin would go to the Library of Congress to purchase and maintain historical documents and other materials associated with the life and legacy of Martin Luther King, Jr.
I had hoped that this bill could have been enacted last year on the 40th anniversary of Dr. King's ``I Have a Dream'' speech, but we were unable to do so. Today, I would like to reintroduce the Dr. Martin Luther King Jr. Commemorative Coin Act of 2004, to have the coin minted in 2009 in commemoration of the 80th anniversary of Dr. King's birth. Dr. King's significant contributions and his message should live on for future generations. America should remember him as a national hero and a pioneer.
In recognizing Dr. Martin Luther King's legacy, it is important that we continue to learn from his actions and words. When I was a young girl in Louisiana, I learned from Dr. King that the struggle for civil rights and racial equality was more than simply changing the law, it required changing our hearts as well. Dr. King recognized that the civil rights movement presented Americans with a choice. We could choose hate and fear, or we could choose love and understanding. Dr. King believed that when Americans choose love in their hearts, peace and equality would follow. Dr. King offered us a peaceful way to reach equality through non-violent protest and action. I believe that this should continue to be a fundamental moral challenge for our country. In his famous ``I Have a Dream'' speech, Dr. King said, ``I have a dream that one day, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.''
I would also like to take the time to thank my good friends on both sides of the aisle for supporting this important legislation. I urge others to join us in remembering the selfless deeds of Dr. Martin Luther King, Jr., by cosponsoring this bill.
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Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2143 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2143
To extend trade adjustment assistance to service workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2004
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To extend trade adjustment assistance to service workers.
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 ``Service Workers Fairness Act''.
SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICE WORKERS.
(a) In General.--Section 222 of the Trade Act of 1974 (19 U.S.C.
2272) is amended by adding at the end the following new subsection:
``(d) Special Rule for Service Workers.--A group of service workers
in a firm or subdivision of a firm may file a petition under this
chapter and shall be certified by the Secretary as eligible to apply
for adjustment assistance under this chapter pursuant to a petition
filed under section 221 if the Secretary determines that--
``(1) the workers meet the requirements of subsection
(a)(1); and
``(2)(A) there has been a shift, by such workers' firm or
subdivision to a foreign country of the provision of services
like or directly competitive with the services which are
provided by such firm or subdivision; or
(B) the workers' firm or subdivision of the firm contracted
with another firm or subdivision to provide services like or
directly competitive with services that have been shifted by
such other firm or subdivision to a foreign country.''.
(b) Conforming Amendments.--
(1) Eligibility.--Section 222 of the Trade Act of 1974 (19
U.S.C. 2272) is amended--
(A) in subsection (b)--
(i) in paragraph (2)--
(I) by inserting ``or service''
after ``related to the article''; and
(II) by inserting ``or subsection
(d)'' after ``subsection (a)''; and
(ii) in paragraph (3)(A), by inserting ``or
services'' after ``component parts'';
(B) in subsection (c), in paragraph (3)--
(i) by inserting ``or services'' after
``value-added production processes'';
(ii) by inserting ``or services'' after
``for articles''; and
(iii) by inserting ``or subsection (d)''
after ``subsection (a)''; and
(C) in subsection (c), in paragraph (4)--
(i) by striking ``for articles'' and
inserting ``, or provides services, for
articles or services''; and
(ii) by inserting ``or subsection (d)''
after ``subsection (a)''.
(2) Technical Amendment.--Section 245(a) of the Trade Act
of 1974 (19 U.S.C. 2317(a)) is amended by striking ``, other
than subchapter D''.
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