Mr. President, before he leaves the floor, I thank the distinguished Democrat leader for his comments and others for their comments. I was going to ask him a question myself, but I think our leader has already been standing on the floor…
Mr. President, before he leaves the floor, I thank the distinguished Democrat leader for his comments and others for their comments. I was going to ask him a question myself, but I think our leader has already been standing on the floor for about an hour, so I will spare him that. I commend him for his eloquence on this issue and for his passion about it.
This is an issue that is befuddling, to put it mildly, to many of us. I have several amendments pending on the education bill. I would very much like to raise them on Head Start and on special education. We can't get there apparently because we can't get a vote on this simple proposition.
Not only are we not going to be able to vote on overtime this afternoon, but we can't even vote on whether or not we ought to do more on special education. We can't do something more on Head Start, title I, Pell grants. Here we are, coming in the midst of September, the waning days of the Session, with huge issues before us, and it is now the midpart of Tuesday--this started last week some time--and it would take, I suspect--and the Senator from Iowa is here, our leader; he can correct me--maybe another 15 minutes of debate and we could have a rollcall vote on this and move on.
I will take a few minutes to express my views, which are very similar to those expressed by the distinguished minority leader, as well as Senator Kennedy, Senator Durbin, Senator Harkin, Senator Boxer, and others, on this matter. But I think it is a great tragedy.
I thank the leader for taking the time to express to the American public his great concern about this issue and the wonderment he expresses about why we can't even have a vote on this proposal. I thank him and I know he has a busy afternoon.
I want to share with my colleagues my own thoughts on this issue as well. I think it is remarkable. This is yet one additional bad decision after another when it comes to the economy.
We have seen what has happened regarding tax cut policy. I note an article written by Mike Allen and Jonathan Weisman in the Washington Post appearing this past Saturday, page A6, titled ``Tax Cut Claims Gain Criticism As Employers Shed More Jobs.'' I won't read the whole article, but let me quote from it, if I may:
Before the latest tax cut plan passed, White House
economists had predicted it would add 1.4 million new jobs
through the year 2004, on top of 4.1 million jobs that a
growing economy would have generated anyway, a rate of
344,000 jobs created a month. By its own accounting, the Bush
administration has fallen 437,000 jobs short of its own
projections in August, a shortfall not lost on the
President's critics.
We have seen already tremendous job losses in this country. The minority leader mentioned a job loss of 3.2 million jobs; 2.5 million of those job losses have occurred in the manufacturing sector of our economy; 93,000 jobs lost in America in the month of August, up sharply from the 43,000 jobs lost in July. For the seventh consecutive month, companies have slashed payrolls.
So the economy, when it comes to joblessness, is cratering. The tax cuts that the administration jammed through the Congress only a few short months ago are already demonstrating what a hardship they pose to the recovery and to putting Americans back to work.
As I mentioned, 93,000 jobs were lost in the month of August; 44,000 of those jobs in the manufacturing sector. Just over 2.5 million manufacturing jobs have been lost in the last 32 months.
African Americans and Hispanics bear the brunt of the economic downturn. The unemployment rate among African Americans is now hovering around 11 percent, almost twice the national average.
The unemployment rate among Hispanics is almost 8 percent. Long-term unemployment is on the rise. In August, almost 2 million people had been unemployed for over 6 months, triple the number at the beginning of the Bush administration.
A surge in discouraged workers masks the true impact of the economic downturn. Currently, 1.7 million people are marginally attached to the labor force. About 503,000 of these workers have stopped looking for work altogether because they believe that no work is available for them. That is an increase of 125,000 over the past year.
A new study suggests that job losses since 2001 are gone for good. A study by the Federal Reserve Bank of New York has concluded that the vast majority of job losses since the beginning of the 2001 recession were the result of permanent changes in the U.S. economy and are not coming back. This means the labor market will not regain strength until new positions are created in new economic sectors. Manufacturing is the area that is suffering the largest brunt of this decision.
An additional 1.3 million people are in poverty nationwide. The number of Americans living below the poverty line has increased by more than 1.3 million in the last year, even though the economy technically edged out of a recession during the same period. The number of families living in poverty went up by more than 300,000 in 2002, and the number of children in poverty rose by more than 600,000 in the same period.
We are heading in the wrong direction. On top of all that, we now have a decision being made by the administration to eliminate overtime pay. People in more than 250 white-collar occupations will lose their right to overtime. I won't list them all, but they include the critical areas of nursing, firefighting, police forces, emergency medical services, health technicians, clerical workers, surveyors, chefs, TV technicians, and reporters. Overtime pay will be eliminated.
I don't understand--in light of the news we are getting about the unemployment picture in this country and the hardships being faced, the rising level of poverty, the more difficult time families are having to make ends meet--why the administration persists in pursuing a policy of denying overtime pay. There was a very close vote in the House of Representatives. At least they voted. I am told the vote was 210 to 213 against blocking the President's proposed rule, so it was narrowly defeated by the Republican majority in the House of Representatives.
I want to know whether or not this body wants to confirm what the House and the President said they want to do. And should not the American public have the right to know what the answer of this body would be?
In 250 occupations, they want to know whether or not they are going to be able to get overtime pay. Overtime pay makes a huge difference for them economically. It can amount to as much as 25 percent of a worker's annual income. Denying 25 percent of someone's income at a time of already economic uncertainty is wrongheaded. It is dangerous for us to be pursuing that path.
I regret deeply that we will not have a chance to vote this afternoon on the administration's overtime proposal. We are faced with one more bad economic idea after another. We have the largest annual deficits in the Nation's history, one of the largest percentages of the gross domestic product, because they include, obviously, Social Security moneys in their calculations. We have lost more than 3 million jobs in the last 32 months.
Instead of working towards creating new jobs and helping working families and individuals, the administration has proposed a regulation to deny overtime protection to millions of people. These workers would have their jobs reclassified as professional, administrative or executive, even if their job duties do not change, thus losing the benefit of overtime pay. As I mentioned, more than 250 white-collar occupations could be impacted. Employees could be forced to work longer hours without the benefit of overtime pay.
I was speaking with a group of nurses in Connecticut. They were saying to me: We don't have the choice of not working additional hours in hospitals. If an emergency occurs, or there are problems with patients, you are always asked to stay on a few more hours and help out.
And they do it. The idea that we would be asking these people to continue to provide the valuable services they do to sick individuals in our Nation's hospitals and not provide them compensation for doing so is truly outrageous. The same goes for our firefighters and police officers.
Senator Boxer had it right when she said earlier: You can well imagine in the next 48 hours or so the kinds of images we are going to have, a replay of the tremendous outpouring of gratitude being expressed to the police officers and firefighters in New York and Connecticut, New Jersey, and others who gathered to fight for the lives at the World Trade Center almost 2 years ago. Yet what expression of gratitude do we provide them 2 years later? We tell them: Sorry, but your overtime pay no longer exists. What kind of a message is that to these people?
Asking employees to work longer hours and not providing overtime pay is significant because overtime pay can provide as much as 25 percent of a person's annual income. This is not the type of balance between work and family that the distinguished Democratic leader pointed out when we adopted unanimously a resolution offered last week. I was pleased to cosponsor S. Res. 210, a bipartisan resolution supporting striking a balance between work and personal lives as being in the best interest of worker productivity.
I find it terribly disheartening that at a time when this body is asking the President to designate October as National Work and Family Month, the administration is working to finalize a regulation to strip overtime pay for millions of people.
The 1938 Fair Labor Standards Act has been the backbone of worker protection. Never in its 65-year history have such sweeping overtime changes been proposed.
Hard-working individuals are deeply concerned about these changes and many of us here stand shoulder to shoulder with them in expressing our outrage. It is unfortunate that we are not going to be able to have a vote today in this body on whether or not we can overturn that decision.
I also find it ironic that the President suggested he would veto the underlying appropriations bill on education and health services if this amendment is accepted. In fact, an August poll of nearly 900 adults found that 74 percent--cutting across all regional and political lines--oppose the Bush administration's proposal to eliminate overtime protection. Almost 75 percent of those polled said don't do it.
Further, in 2001, the Department of Labor commissioned its own study that concluded that the current narrow overtime exemptions under the Fair Labor Standards Act are still relevant today.
Why then did the Bush administration unveil these proposals last March? One can only conclude that whatever the reasons, they do not include supporting the ability of working people to earn a decent pay for a day's work.
I will be happy to yield.
Mr. President, very simply, as my colleague pointed out, I would be delighted if the administration was going to change its policy. I wish they would do it across the board, just back this up all together.
The fact is, if you do a simple recategorization of what these people do as either being professional, administrative, or executive, then you are covered under this rule. I don't know what the various heads of these organizations are saying, but that is what the regulation that has been proposed by the administration says. Within the 250 employment categories, police and firefighters are included, if they are recategorized. If you do not recategorize them, they are going to be fine. But you leave that up to the whim of whether you want to move them to those different levels of pay. That is how they get covered.
I will be happy to yield.
Mr. President, let me respond to my friend. The National Association of Police Officers and the International Union of Police Associations oppose the regulations. We have correspondence from them. There is obviously some disagreement.
Mr. President, let me regain my time and respond. I appreciate my colleague raising these questions. I ask unanimous consent that letters from the International Union of Police Associations and the National Association of Police Organizations, expressing their opposition to the regulation, be printed in the Record.
International Union of
Police Associations, AFL-CIO
Alexandria, VA July 25, 2003.
U.S. Senate,
Washington, DC.
Dear Senator: In the very near future, either an amendment,
or a stand-alone bill, will be brought forward in the Senate
which will seek to restrict the Department of Labor (DOL)
from implementing any regulatory rules changes in the Fair
Labor Standards Act that would remove workers' overtime
rights. It would not interfere with the Secretary's ability
to expand overtime protections for low income workers. On
behalf of the International Union of Police Associations
(IUPA), representing more than 100,000 active duty, rank and
file law enforcement officers from across the country, I urge
you to support this effort.
On March 31, 2003, the DOL's proposed rule changes were
first published under the guise of expanding overtime rights
to lower paid employees. These rule changes, if implemented,
would dramatically alter the classification of workers who
could be exempted from the provisions of the FLSA and the 40-
hour work week. These changes would reduce the compensation
for our nation's police officers and EMS personnel, just as
we are routinely calling on them to do more and more in the
interest of national security. The alterations would also
provide a strong disincentive for agencies and municipalities
to hire additional first responders, as they seek ways to
operate under the growing constraints of historic financial
burdens. The implementation of these rules would mark a
critical step backwards for our public safety officers, just
when we need to be moving ahead.
IUPA has been closely following the events surrounding
these changes. We consider this legislation to be the most
important single issue we face. Its critical impact on rank-
and-file law enforcement officers throughout the country
makes it a true litmus test, when it is time for us to decide
who truly supports the men and women who form the thin blue
line. We intend to carefully note and announce to our
membership those who are willing to stand with our nation's
police and firefighters with their votes. Whatever form this
struggle takes, I hope we can count on your support. If you
or your staff desires any additional information from IUPA, I
hope you will feel free to call upon us.
Very Respectfully,
Dennis Slocumb,
International Executive Vice President.
Mr. President, I will address both points my colleague has raised. If my colleagues on the other side are so concerned about first responders, why not just oppose the regulation altogether because this is the major group about which we are talking. For example, let me point out what I am suggesting.
Police sergeants and lower-level police supervisors are likely to lose their overtime through the executive exemption. Let me explain why.
The fact that a sergeant performs nonmanual work such as walking the beat during 90 percent of his work hours does not matter if he also has a primary duty of supervising two officers or performing nonexempt administrative work.
Highly compensated police officers will not even have to have a primary duty of performing exempt work. If they perform any ``office or nonmanual work'' and perform any one exempt duty of an executive, administrative, or professional duty--no matter how little of their time is spent doing it--they lose the right to overtime.
How much imagination does it take to move people into those categories to be exempt from overtime compensation?
Police departments have been prevented from exempting police officers who teach in police academies because the instructors did not exercise sufficient independent judgment and discretion in how they taught their courses. The proposed rule eliminates the requirement for independent judgment and discretion.
Under the current law, an exempt executive is an employee ``who customarily and regularly exercises discretionary powers; and who does not devote more than 20 percent . . . of his hours of work in the workweek to activities which are not directly and closely related to the performance of [exempt] work. . . .
Under the proposal by the President, those current law requirements are eliminated.
Let me address the nurse issue. Nurses, skilled health technicians, and technologists could lose their overtime protection under the proposed regulations because of the changes to the educational requirement.
Registered nurses who do not hold a bachelor's degree are currently eligible for overtime protections, unless they hold administrative or managerial positions.
Under the Bush proposal, these RNs would lose their overtime protection if they have a few years of work experience.
Nonmanagerial licensed practical nurses--LPNs--have a right to overtime protection under current law. Under the administration's proposal, LPNs with a few years of work experience would also lose their right to overtime compensation.
Let me read current law and then read the regulation proposed by President Bush.
The current law:
Employees are exempt if they do ``work requiring knowledge
of an advance type in a field of science or learning
customarily acquired by a prolonged course of specialized
intellectual instruction and study, as distinguished from a
general academic education and from an apprenticeship, and
from training in the performance of routine mental, manual,
or physical processes.''
Under the President's proposal:
Employees qualify for exemption as a learned professional
if they have a primary duty of performing office or nonmanual
work requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
intellectual instruction, but which may also be acquired by
an equivalent combination of intellectual instruction and
work experience.
That is very broad, very general language. Obviously, one can drive a Mack truck through it. That is why the nurses of this country, the RNs and LPNs, are vehemently opposed to this proposed regulation, because they know exactly what is going to happen, just as police officers do. That is why so many of us feel so strongly about this and why we would like to vote on it.
If a majority wants to uphold the President and vote for this stuff, then so be it; the Administration can go forward and it will become the law of the land. But I would like to know where 100 Senators stand. America would, too. As I mentioned, nearly seventy-five percent of the people polled in a recent survey said they are opposed to the administration's proposed rule. Let's find out where this body is. I think the proposed rule to eliminate overtime pay is wrong and I support the Harkin amendment. I hope that we will have a vote soon and I urge my colleagues to support the amendment.
I yield the floor.
Reserving the right to object, Mr. President, I was just informed of a different proposal than I was operating under when I had the discussion with the distinguished minority whip and the ranking member of the chair of the committee. If you will give me 2 minutes to resolve the conflict, which of these matters should be dealt with tonight or tomorrow, we could come right back to this. I am sure we will get an agreement. I suggest the absence of a quorum.
I hope so, yes.
Something like that.
Mr. President, I send an amendment to the desk and ask for its immediate consideration.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, I offer this amendment on behalf of myself and a number of my colleagues. I will not recite the entire list of all of those who have joined with me on this Head Start amendment.
This amendment would increase the appropriation by $350 million above the increase recommended by the Appropriations Committee over the coming fiscal year. Very briefly, what this means, in the absence of this amendment being adopted, we will have to cut the number of children who are presently in Head Start programs. With the adoption of this amendment of $350 million, we can increase the enrollment by 36,000 children in Head Start programs across the country.
There are 19,000 centers and 50,000 classrooms. This is a program that has worked remarkably well over the past almost 40 years. It serves children by helping them get ready to learn. It has been remarkably successful. We are still underserving a very needy population, as the Presiding Officer knows. If we do not get them started right, these are the children who drop out of school, who become teen parents, who end up in the juvenile justice system, and become people who abuse substances.
Head Start works. We are going to be reauthorizing the program in the coming year, to do a variety of things to improve the program even further. In the absence of this kind of a start, when we now know the poor population of children has been increased by 600,000 just in the last 2 fiscal years, to be reducing the number of children presently in the program would be a huge mistake. These are poor children. They come from single-parent families. They are struggling to make ends meet. Head Start gives them an opportunity to get on the right track early on before they begin a formal education.
I urge my colleagues on both sides to be able to find the resources to do this. Head Start has been remarkably successful. It deserves our bipartisan support, and I urge my colleagues to support this amendment.
I yield to my distinguished friend from Florida who would like to be heard on this issue as well.
Mr. President, I want to close by talking about the reauthorization of Head Start. We need these resources to keep trying to expand the number of children who can participate in this program. We all know the importance of literacy. We know the importance of getting these children ready to learn. If we end up reducing the number of children presently in the program, as we will if we accept just the language of the pending appropriations bill, it is a major setback in early education.
I yield the floor.
I move to waive the Budget Act and ask for the yeas and nays.