[Congressional Record (Bound Edition), Volume 147 (2001), Part 1]
[Senate]
[Pages 735-737]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

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  NOMINATION OF ELAINE LAN CHAO, OF KENTUCKY, TO BE THE SECRETARY OF 
                                 LABOR

  Mr. THOMAS. Mr. President, I now ask unanimous consent the Senate 
proceed to executive session to consider the nomination of Elaine Lan 
Chao, of Kentucky, to be Secretary of Labor, notwithstanding the 
consent of January 24, 2001, that the time of the nomination be yielded 
back, and the nomination be confirmed, the motion to reconsider be laid 
upon the table, the President be immediately notified of the Senate's 
action, and the Senate then resume the pending business.
  Mr. REID. Mr. President, reserving the right to object.
  The PRESIDING OFFICER. The Senator from Nevada is recognized.
  Mr. REID. Mr. President, I want to bring to the attention of all 
Senators that this will mean we have approved in such a short period of 
time 12 of President Bush's 15 nominations and that tomorrow afternoon 
we will approve two more, leaving only one. I want the record to be 
spread with the fact that that is pretty good work of the U.S. Senate. 
We look forward to completing all 15 in the near future.
  I withdraw any objection that I have.
  The PRESIDING OFFICER. Is there objection? If not, the nomination is 
confirmed.
  Mr. THOMAS. Thank you, Mr. President. Certainly all of us are pleased

[[Page 736]]

with the progress that has been made here and that it allows the 
administration to get into place and begin to move. I thank the Senator 
from Nevada.
  Mr. REID. Mr. President, if I could say to my friend from Wyoming----
  The PRESIDING OFFICER. The Senator from Nevada is recognized.
  Mr. REID. Also we have had experience working with Mrs. Chao before. 
She is a good administrator. She has been good to the State of Nevada 
in the past. I look forward to working with her as Secretary of Labor. 
I am sure she will do a good job.
  Mr. KENNEDY. Mr. President, I welcome this opportunity to express my 
support for Elaine Chao's nomination to be Secretary of Labor. Ms. Chao 
is a woman of impressive talents who has achieved a great deal in her 
career, both in and out of government. She is an accomplished manager 
and a graceful leader, and she has distinguished herself and her family 
by her strong commitment to public service.
  She knows first hand the experience of minorities growing up in the 
America of the 1950's and 60's. Her career is a vivid example of the 
triumph of the American dream. She decided to attend both college and 
graduate school in Massachusetts, and our state is proud of her, too.
  As we all know, the Secretary of Labor has the profound 
responsibility for enforcing the basic federal laws and federal 
programs that protect workers' fundamental rights, especially in areas 
such as fair wages, fair benefits, reasonable work hours, safe and 
healthy workplaces, and non-discrimination and equal opportunity in 
employment. The Department's statutory mission is specifically, and I 
quote, ``to foster, promote and develop the welfare of the wage earners 
of the United States, to improve their working conditions, and to 
advance their opportunities for profitable employment.''
  Ms. Chao is committed to these goals. As she stated forcefully at her 
confirmation hearing, ``all work is worthy of respect and virtually all 
workers need appropriate protection.'' She recognizes that ``the labor 
struggles of the early part of the last century and the laws that grew 
out of them are a critical part of this nation's historic commitment to 
justice for all.'' She has promised to ``fully, fairly and evenly 
enforce the labor laws of this country.'' Many challenges will face Ms. 
Chao in her new position, and I look forward to working with her to 
meet them.
  This Congress, once again, will have an opportunity to increase the 
minimum wage. Many of us have long fought for raising the minimum wage, 
and we plan to introduce new legislation soon to grant a long overdue 
increase. Eleven million workers have already waited for over three 
years for Congress to act.
  The real value of the minimum wage has fallen dramatically in the 
past generation. To have the purchasing power it had in 1968, the 
minimum wage would have to be at least $8.05 an hour today, not the 
current level of $5.15. Minimum wage families today fail to earn enough 
to rise above the poverty level. No one who works for a living should 
have to live in poverty. So, I hope that a fair increase in the minimum 
wage will be a top priority for both Congress and the Administration 
early this year.
  I also hope that President Bush and Secretary Chao will reconsider 
their support of proposals that would enable states or local 
communities to ``opt out'' of a minimum wage increase. In some states 
today, the state minimum wage is as low as $1.50 an hour. In others, it 
is $2.65 and $3.35. The vast majority of workers are covered by the 
federal minimum wage, so these state rates apply to relatively few 
workers. Clearly, allowing states to opt out of the federal minimum 
wage would violate our commitment to the principle, which Congress has 
stood by for over sixty years, that working men and women are entitled 
to a fair minimum wage. Ms. Chao has said that she supports and will 
maintain the current federal minimum wage of $5.15 an hour nationwide, 
but that level today is not sufficient to provide the economic security 
that every working family deserves.
  Another vital labor priority is training the nation's workforce to 
meet the demands of the new economy. I welcome Ms. Chao's assurance 
that ``training, developing and modernizing America's work force is one 
of [her] highest priorities,'' and I look forward to working with her 
to strengthen programs to address the needs of those in the workforce 
who are not adequately prepared. The bipartisan Workforce Investment 
Act, which Congress passed in 1998, reformed federal job training by 
creating a streamlined, one-stop approach to job training, and it was 
an important first step. But as more and more workers face mid-life 
career changes, and as even traditional occupations grow in complexity, 
better training for all workers--adults, dislocated workers and youth--
is a necessity.
  I was also encouraged by Ms. Chao's desire to see that ``parents have 
an easier time balancing the responsibilities of home and work.'' 
Today's employees are working longer and longer hours to make ends 
meet. The result is significant new problems for businesses and 
families. I welcome Ms. Chao's recognition that the Family and Medical 
Leave Act ``has brought about a great deal of benefit for working 
families that need flexibility.'' But we can and should do more to deal 
with these problems, and I am pleased by Ms. Chao's commitment to 
``keep an open mind'' and to be ``a real good listener'' on further 
expansions in the law.
  We must also guarantee strong and effective enforcement of the 
federal laws against job discrimination. Current laws require non-
discrimination and affirmative action. The landmark Executive Order 
issued by President Johnson in 1965 has been in effect for more than 35 
years, under both Republican and Democratic administrations, and strong 
enforcement is still needed. In her opening statement at her 
confirmation hearing, Ms. Chao eloquently testified to her 
understanding that barriers based on gender, race, national origin and 
disability have prevented many of America's workers from achieving 
their true potential. She emphasized that she is ``against 
discrimination of any sort, and will enforce the law as it is 
enacted.'' I hope this is an area where the Department and Congress can 
continue to make progress together.
  Many of us have also long been committed to vigorous enforcement of 
laws and programs to protect workers' health. A particular contemporary 
concern is the prevalence of ergonomic injuries in the workplace. These 
injuries are the most significant workplace safety and health issue we 
face today. About 1.8 million workers report that they suffer ergonomic 
injuries every year. Another 1.8 million workers suffer such injuries 
that they do not report. These injuries are painful and often 
debilitating, and disrupt and sometimes end workers' careers. In the 
vast majority of cases, these injuries are preventable. The OSHA 
ergonomics rule went into effect at long last earlier this month. It 
offers vital protections to American workers, and it benefits employers 
too. Recent studies should lay to rest the suggestion by special 
interest groups that we should wait for additional scientific evidence 
to deal with this serious problem.
  Ms. Chao has called the ergonomics rule ``the most visible issue'' 
facing the Department of Labor, and she said she would give the issue 
the ``greatest thought and effort and study.'' I commend her 
recognition that ``any change in our labor laws or in their 
interpretation must be carefully and solemnly considered, giving 
respectful and full attention to the views of every participant in the 
labor-management equation.'' I know that she will apply this 
understanding to the ergonomics rule, as well as to all of the other 
issues before the Department of Labor.
  Finally, as we know, from equal pay for women and people of color, to 
pension plans and health plans, to the Family and Medical Leave Act, 
employees depend on the Department of Labor to ensure that the nation's 
labor laws are fully and fairly enforced. We in Congress have our own 
responsibility in this area--to see that the Department has adequate 
resources to carry out these missions successfully.
  I congratulate Ms. Chao on her nomination, and I look forward to 
working

[[Page 737]]

with her on issues of vital importance to workers and their families. I 
hope that under her able leadership, the Department of Labor will be at 
the forefront of improving the lives of the nation's workers and their 
families, by ensuring that they have good jobs, good wages and safe and 
healthy places to work.
  Mr. ENZI. Mr. President, I am thrilled that we are today confirming 
Elaine Chao as Secretary of Labor. As Chairman of the Subcommittee on 
Employment, Safety and Training and a member of the Small Business 
Committee, I am very concerned about making sure all businesses in this 
country, even the very smallest, are able to understand the thousands 
of regulations they must follow and get the help they need to follow 
them. I know Secretary Chao shares these concerns and I look forward to 
working with her on these issues.
  I am also extremely excited about the managerial and administrative 
experience Ms. Chao brings to the Department. It is so important that 
we have good administrative processes in the Department of Labor. The 
decisions of this Department deeply affect both our nations' workers 
and the businesses that provide jobs and incomes and help our economy 
grow. It is absolutely critical that both workers and employers feel 
that these decisions are not arbitrary and are reached in a fair and 
impartial manner.
  I firmly believe Secretary Chao has the experience and skills to 
inspire confidence in the fairness of the Department's actions, 
regardless of their popularity. This is a crucial responsibility of the 
Secretary of Labor, and I believe Secretary Chao has been well trained 
to fulfill this responsibility. I look forward to helping Secretary 
Chao with this task, and I welcome my fellow members from both sides of 
the aisle to join us in this effort. I hope that together during this 
Congress we can take a careful and close look at some of the existing 
regulatory and enforcement procedures that Secretary Chao will inherit. 
We must ensure that good procedures are followed properly, and we must 
change procedures that are not working.
  I also look forward to working with Secretary designate Chao to bring 
the Department of Labor into the 21st Century. We are in a very 
exciting time of more positive relationships between employees and 
employers. In this period of record unemployment, employers have 
learned the lesson that it makes good business sense to keep employees 
healthy and happy. In order to encourage this progress, we must ensure 
that our Department of Labor does not thwart the development of 
workplace arrangements and initiatives that benefit both employee and 
employer. This will take modern, innovative thinking and I am confident 
that Secretary Chao is such a thinker.
  I think the President made a wonderful choice when he nominated 
Elaine Chao to be Labor Secretary, and I am so glad the Senate has 
demonstrated equal wisdom by confirming her quickly. I look forward to 
working closely with Secretary Chao and the Department on all the many 
challenging workplace issues.
  Mr. WARNER. Mr. President, I rise today to express my support for Ms. 
Elaine Chao to be Secretary of Labor.
  This Nation can be no stronger than the men and women who get up 
everyday and accept the challenges to go out into the workplace and 
return home to care for their families, themselves, and their 
neighborhoods. The Secretary of Labor's responsibility is to look out 
for the welfare of these men and women across our country. I am 
confident that Ms. Chao will be a great champion of these individuals, 
and I commend President Bush on selecting such an excellent nominee.
  Ms. Chao brings to this important position a record of accomplishment 
both in the private and public sectors. Among other positions, Ms. Chao 
has served as president of the United Way, Director of the Peace Corps, 
Deputy Secretary of the Department of Transportation, and Chairman of 
the Federal Maritime Administration. Her experience as an executive and 
experience in finding solutions to complex problems with limited 
budgets, gives her a solid foundation to lead the Labor Department.
  I have personally known Ms. Chao for a number of years. I was honored 
to be present at her confirmation hearing before the Senate's Health, 
Education, Labor, and Pensions Committee, of which I am now once again 
a member. Throughout her career, Ms. Chao has accepted the challenges 
that have confronted her and pursued her responsibilities with 
firmness, fairness, and always with a quiet dignity.
  Ms. Chao will be a great leader at the Department of Labor, and I 
look forward to voting in support of her nomination.

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