TheWeekInCongress.com
Week ending May 7, 2004
S-1637 J.O.B.S. bill
BRIEF
May 4, 2004
S-1637 continues as a bill to revise U.S. tax law provisions that were found to be illegal by the World Trade Organization. As a result U.S. imports suffer a 6 percent tariff in Europe, increasing one percentage point per month. The bill involves numerous other tax provisions unrelated to U.S. trade policy or, for that matter, jobs.
Democrats succeeded in passing an amendment to S 1637. The amendment would block new overtime rules proposed by the Department of Labor. Another amendment to provide transitional assistance to service workers displaced when their jobs are lost due to outsourcing or international trade agreements failed.
The bill has faced over one hundred potential amendments including amendments that would implement elements of the stalled energy bill and other matters.
The amendments are as follows:
S Amdt 3109 by Sen. Ron Wyden (D-OR)—To waive the Congressional Budget Act to provide funds for service workers who lost their jobs due to outsourcing and trade agreements was rejected.
S Amdt 3111 by () (R- ) A counter to S Amdt 3107 (below) to reduce the number and types of jobs that would be prohibited from overtime. Passed 99-0 1 note voting (Sen. John Kerry)
S Amdt 3107 by Sen. Tom Harkin (D-IA) that would amend the Fair Labor Standards Act of 1938 and essentially block the Dept of Labor rule changes. Passed 52-47 One not voting (Kerry) Five Republicans supported the amendment. This amendment overrides 3111.
MORE INFORMATION ON OVERTIME PAY DEBATES
The U.S. Department of Labor last year revised rules governing which employees can receive overtime pay (OT). The new rules prohibited OT for employees earning over $65,000 yearly and blocked OT for some firemen, police officers and other public servants. In 2003 the Senate opposed the new rules and the House agreed but, the administration threatened veto action and the rules were accepted.
This year the pressure on Labor continued and the rules were rewritten to increase to $100,000 yearly the earnings level that would allow for some OT to be unpaid by employers. According to opponents of the rule chefs, restaurant managers, some nurses and an eclectic list of other types of workers could still be refused OT. Republicans opposed the amendment and provided their own (S Amdt 3111) which was passed 99-0, but the Harkin amendment passage (3107) overrode 3111 and the rule then was effectively blocked. The J.O.B.S. bill must pass both houses with the amendment intact to become law.
Republicans that supported 3107 are Campbell of CO, Chafee of RI, Murkowski of AK, Snowe of ME and Specter of PA. #
May 5, 2004
BRIEF
S Amdt 3112 by Sen. Bob Graham (D-FL) that would replace the proposed tax incentive for corporations that keep certain production in the U.S. with a cut in payroll taxes paid by those corporations to their employees.
MORE INFORMATION ON AMDT. 3112
Senator Graham asserted on the Senate floor that S-1637 actually encourages U.S. corporations to move offshore due to the very clause that is designed to create jobs in the U.S.. According to Sen. Graham, companies would see higher profits due to lower wages if they moved off shore. Sen. Graham’s amendment was defeated 22-77.
S Amdt 3110 by Sen. Bryon Dorgan (D-ND) and Sen. Barbara Mikulski (D-MD) would reinstate taxes on U.S. corporations that move production and jobs out of the U.S. but return the products to sell here. Defeated 60 to 39.
A Amdt 3118 by Sen. Wayne Allard (R-CO)-provides for a brown field sustainable energy project in each state. Expected to create construction jobs and stimulate renewable energy. Tabled 60 -39.
MORE INFORMATION ON AMDT. 3118
The Amendment provides funding for energy efficient and sustainable development projects that will reduce electric consumption by more than 150 megawatts annually as compared to conventional generation, reduce daily sulfur dioxide emissions by at least 10 tons compared to coal generation power, expand by 75 percent the domestic solar photovoltaic market in the United States (measured in megawatts) as compared to the expansion of that market from 2001 to 2002, and use at least 25 megawatts of fuel cell energy generation.
The projects must include at least 1,000,000 Sq Ft of buildings and at least 20 acres. The project is projected to provide permanent employment of at least 1,500 full time equivalents (150 full time equivalents in rural States) when completed and construction employment of at least 1,000 full time equivalents (100 full time equivalents in rural States). It must receive specific State or local government resources in an amount equal to at least $5,000,000 be they contributions or tax rebates.
Funds are to be used for the purchase, construction, integration, or other use of energy efficiency, renewable energy, and sustainable design features of the project.##