[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Page S15969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              OVERTIME PAY

  Mr. HARKIN. Mr. President, we are sent here to do the people's 
business, but one critical piece of the people's business is missing in 
this omnibus bill that was filed today. There is one shameful omission.
  Both Houses of Congress, on a bipartisan basis, voted for my 
amendment to block the administration's proposed new rule on overtime. 
Both Houses voted to block the administration's radical rewrite of the 
Nation's overtime laws. That amendment passed 54 to 45 in the Senate, 
and 221 to 203 over in the House. The Congress of the United States 
spoke up--clear as a bell--and said, ``No, the administration must not 
strip overtime rights from 8 million American workers.''
  The administration refused to accept this act of defiance by 
Congress. The administration ordered its foot soldiers in the House of 
Representatives to strip this provision from the omnibus. Senator 
Specter and I fought to keep it in, but the administration refused any 
cooperation or compromise. In the end, just like that, the 
administration nullified the clear will of both Houses of Congress and 
the American public.
  I believe this is an abuse of power, and there is a clear pattern to 
this abuse of power. Time and again, we see this administration 
dictating to Congress, nullifying the work of Congress, running 
roughshod over the will of Congress.
  This administration seems to believe in Government by one branch--the 
executive branch. When the executive branch speaks, the 
administration's allies in Congress must obediently fall in line. And, 
time and again, they do. They act as a rubber stamp. They give the 
President a blank check.
  This is dangerous to our constitutional system. The Founding Fathers 
did not talk about blank checks. They talked about checks and balances. 
In the Federalist Papers they specifically talked about the danger of 
allowing any one branch to reign supreme.
  Instead of independent, coequal branches of Government, today the 
executive branch does, indeed, reign supreme. Time and again, this 
administration dictates to Congress, and Congress submits--even when 
both Houses of Congress have previously voted to the contrary.
  The problem with having the executive branch dictating to the 
legislative branch--the problem with discarding checks and balances--is 
that it results in bad public policy, and that is exactly what we see 
here, today.
  Both Houses of Congress, with bipartisan majorities, voted to block 
the administration's proposed overtime rule. This was the right thing 
to do. It was the correct public policy choice because this new rule is 
a stealth attack on the 40-hour workweek, pushed by the White House 
without a single public hearing. It will effectively end overtime pay 
for dozens of occupations, including nurses, police officers, 
firefighters, clerical workers, airtraffic controllers, social workers, 
and journalists.
  This proposal is a slap in the face to the millions of American 
workers who depend on overtime pay to support their families and make 
ends meet. We're not talking about spare change, here. We are talking 
about taking away some 25 percent of the income of many American 
workers.
  Now that Congress's vote and voice have been nullified, we are 
hearing that the Department of Labor could issue this new rule in the 
coming weeks. But I am here to serve notice that I will not give up, 
nor will others who have fought this.
  The American people will not allow us to drop this issue. They have 
been watching this issue closely, because it hits so close to home. I 
pledge that I will offer the overtime amendment to every piece of 
legislation until we succeed.
  Let's be clear. This is not just about reversing a destructive, 
misguided measure. It is also about this Congress asserting its 
independence and refusing to have its votes nullified at the whim of 
this administration.

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