Judy Chu

Ms. CHU

Ms. CHU. Mr. Speaker, on that I demand the yeas and nays.

Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in supporting this measure, and I yield back the balance of my time.

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5446, a bill to designate the facility of the United States Postal Service located at 600 Florida Avenue in Cocoa, Florida, as the Harry T. and Harriette Moore Post Office. H.R. 5446 was introduced by our colleague, the gentleman from Florida, Representative Bill Posey, on May 27, 2010. Mr. Speaker, Harry Tyson Moore was born in Houston, Florida, on November 18, 1905. He excelled in his schooling and graduated from Bethune-Cookman College in 1936. He soon after accepted a teaching position in a segregated school in Cocoa, Florida, and later became principal of the Titusville Colored School in Brevard County. There, he met Harriette Simms. The two married on Christmas Day, 1926, and had two daughters, Annie and Juanita. After the birth of their two daughters, Harry and Harriette Moore founded the first branch of the NAACP in Brevard County, Florida, in 1934. They also helped the Florida State Conference of the NAACP in 1941, and Harry Moore took an unpaid position as its secretary. The Moores led a successful effort to advance civil rights. In 1937, Harry Moore filed the first lawsuit in the Deep South to equalize salaries of black teachers with white teachers in public schools. This effort failed at first, but it laid the foundation for other lawsuits that succeeded. In 1943, Moore began reviewing every incident of lynching involving black people in the State of Florida, taking affidavits from victims' families and launching investigations. He pursued this effort for the rest of his life. In 1944, the Supreme Court ruled in Smith v. Allwright that all-white primaries in Texas and other States were unconstitutional, a major victory for the NAACP. Moore then organized a group called the Progressive Voters League and spent 6 years registering over 116,000 black voters in the Florida Democratic Party. This activism led the Florida public school system to fire and blacklist the Moores in 1946, after which Harry Moore became a full-time paid activist for the Florida NAACP. In July 1949, he got involved in a police brutality case in Groveland, Florida, where he uncovered evidence that four black men accused of rape had been beaten. Moore leveled brutality charges against Lake County Sheriff Willis McCall. Three of the defendants were convicted in 1949, but two of the convictions were overturned by the U.S. Supreme Court. Lake County prepared to put the two on trial again, and on November 6, 1951, while Sheriff McCall drove them back to Lake County for a pretrial hearing, he shot the two handcuffed men, killing one and critically wounding the second. Moore immediately called for Sheriff McCall to be suspended and indicted for murder. Six weeks later, on Christmas Day, 1951, Harry Moore was killed when a bomb exploded beneath the floor joists under his bed. Harriette died of her injuries 9 days later. Harry Moore was the first NAACP official murdered in the civil rights struggle, and Harry and Harriette Moore remain the only married couple to be murdered for their activism in the era. The FBI was unable to file charges due to a lack of evidence, but it was suspected to be the work of central Florida members of the Ku Klux Klan. Harry Moore has been called the first martyr of the 1950s civil rights movement. The Moores' murder sent a shock around the country and around the world, drawing attention to the movement. Mr. Speaker, the extensive efforts of the Moores during the civil rights movement is worthy of our greatest praise. Let us now pay tribute to the life and work of Harry T. and Harriette Moore by designating the postal facility on Florida Avenue in Cocoa, Florida, in their honor. I urge my colleagues to vote in favor of H.R. 5446. I reserve the balance of my time.

Ms. CHU

Ms. CHU. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Ms. CHU. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of House Resolution 1743, a measure congratulating Gerda Weissmann Klein on being selected to receive the Presidential Medal of Freedom. House Resolution 1743 was introduced by our colleague, the gentleman from Arizona, Representative Harry Mitchell, on December 1, 2010. The measure enjoys the support of over 90 Members of the House. Mr. Speaker, in 1939, Mrs. Weissmann Klein was living in Poland at the age of 15. Within months of the German invasion of Poland that year, she began to lose her family. Her beloved older brother, Arthur, was taken away by the Germans, and the remainder of her family was forced to live in a ghetto. Later, the Nazis separated her from her parents, sending them to Auschwitz. Weissmann Klein was forced to spend 3 years in a series of concentration and slave labor camps from 1942 to 1945. In 1945, she and the other inmates of her camp were sent on a 350-mile death march to avoid the advance of Allied forces. When the U.S. Army liberated the survivors of the march in Volary, Czechoslovakia on May 7, 1945, she was one of fewer than 120 out of 2,000 women to survive. After the war, she married Lieutenant Kurt Klein of the U.S. Army, an intelligence officer present at the liberation at Volary. She settled with Kurt in Buffalo, New York, and had three children. She then spent decades telling her story, giving speeches, and writing books offering a message of hope drawn from her struggle for survival. She and Kurt also got involved in a number of charity efforts. In 1998, they started the Gerda and Kurt Klein Foundation, a public nonprofit foundation which promoted the teaching of tolerance, respect for others, and the value of community service. Currently, she is focusing her efforts on her new foundation, Citizenship Counts, a nonprofit organization that reaches out to middle and high school students to promote the appreciation and potential of American citizenship and the democratic process. For her life of service and promotion of tolerance and understanding among all people, President Obama announced that early next year, Gerda Weissmann Klein will be one of 15 recipients of the Nation's highest civilian honor, the Presidential Medal of Freedom. Mr. Speaker, let us now pay tribute to Mrs. Weissmann Klein and congratulate her on being selected for the Presidential Medal of Freedom through the passage of House Resolution 1743. I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Ms. CHU

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Ms. CHU

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Ms. CHU

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, on behalf of the House Committee on Oversight and Government Reform, I present S. 3794, the FOR VETS Act of 2010. The measure authorizes the transfer of Federal surplus property to State agencies for donation within the State for veterans organizations. S. 3794 was introduced by our colleague in the other Chamber, Senator Patrick Leahy of Vermont, on September 16, 2010. It was referred to the Senate Committee on Homeland Security and Governmental Affairs and agreed to in the Senate, with amendment, by unanimous consent. The bill was referred to the House Committee on Oversight and Government Reform on November 15, 2010. This bill, which was originally known as the Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010, adds veterans groups to the list of entities already eligible to receive the transfer of surplus Federal property from State agencies through donation. Under this measure, eligible groups will include education or public health organizations whose membership is substantially comprised of veterans and whose representatives are recognized by the Secretary of Veterans Affairs. Mr. Speaker, S. 3794 provides unneeded and unutilized Federal property to assist our veterans in their daily lives. This is a small token of our gratitude for their sacrifices on behalf of our country, but one that can make a great difference to those proud men and women who have given so much for us. I would like to thank Senator Leahy, Chairman Towns, and Ranking Member Issa for their hard work on this bill; and I encourage my colleagues to join me in supporting this commonsense legislation. I reserve the balance of my time.

Ms. CHU

Ms. CHU. Madam Speaker, I rise today to recognize a great loss to our community, Ms. Shirley Roberts, who passed away on December 7, 2010, at the age of 79. My heart goes out to her son, Chuck Henry; the many dear and loving friends that she embraced as her family; and all the people whose lives she touched and helped make better. Born in Los Angeles, Shirley was an extraordinary citizen, a champion of progressive causes, and a vibrant mainstay in Democratic politics. She attended Fairfax High School and graduated from UCLA with a degree in business administration. Shirley's love of politics and human rights ran deep in her family. Her parents, Bernard and Esther, were dedicated to causes to improve conditions for the working poor. By 1944, Shirley would follow their example by co-chairing the American Youth for [Franklin D.] Roosevelt organization for Los Angeles County. Shirley later went on to support Mayor Tom Bradley of Los Angeles. An early advocate for better health care services for all Los Angeles residents, she served on the Mayor's staff and initiated outreach support programs for better nutrition, transportation, long-term care, and escort programs for seniors. In addition, Shirley was a community activist in her home of West Hollywood. When rent prices increased sharply in the early 1980s, Shirley joined other West Hollywood residents to support the city's incorporation to better serve its diverse residents. The effort succeeded, and the city has since been a leader in providing social services to the people who call it home. In subsequent years, she would serve on the West Hollywood Human Services Commission and the West Hollywood Election Reform Task Force. Shirley was also a tireless and tenacious force aiding numerous local, state, and national campaigns of Southern California's progressive political stars, including former Congresswoman and U.S. Secretary of Labor Hilda Solis, Congressman Henry Waxman, Senator Sheila Kuehl, Mayor Antonio Villaraigosa, and City Controller Wendy Greuel. Shirley was generous with her friendship, guidance, and wisdom in the lives she touched. Her activism, leadership, and commitment to those who were most vulnerable will be deeply missed. I urge all my House colleagues to join me in honoring our community hero, Shirley Roberts, for her remarkable service and contributions to the City of Angels and to our country.

Ms. CHU

Ms. CHU. Madam Speaker, I rise today to recognize a great loss to our community, Mrs. Katherine Tellez Andrade, who passed away on November 25, 2010, at the age of 85. My heart goes out to her daughters, the Hon. Adele Andrade-Stadler and Vibiana Andrade; her sons Adrian Andrade and Robert Andrade; her grandchildren Sean Andrade, Esq., Pilar Andrade, Emilio Andrade, Julian Andrade, Joaquin Andrade, Ramona Andrade Stadler and Katherine Andrade Ortiz; and the rest of her dear friends and family members. Katherine was an extraordinary citizen, mother, grandmother, great grandmother and a role model for community activism. Her selfless and just nature was cultivated in childhood, being one of 13 children raised by Ramona Ochoa and Florencio Tellez in the hardscrabble mining town of Clifton, Arizona. Growing up during the Great Depression in a small town divided by race and privilege fueled her lifelong commitment to fighting injustice. After high school, Katherine moved to Los Angeles to help in the war effort, assembling auxiliary gas tanks at a plant during World War II. While living in Boyle Heights she would always pass by General Hospital, vowing to one day work there as a nurse. After the war she returned to Arizona to pursue her dream, entering a federal nursing program at St. Mary's Hospital and eventually returning to L.A., where she worked as a nurse for many years at General Hospital and many other hospitals. After her marriage to Arthur Andrade, she raised her four children as a single parent, instilling in them her own work ethic and sense of social justice. She led by example, fighting against an English-only movement and other anti-immigrant measures in her longtime hometown of Monterey Park. She was a founding member of the Committee for Harmony in Monterey Park, which was formed to counter the anti-immigrant forces in the community, and she went on to a long involvement in grassroots activism, volunteering as a poll inspector and fighting for many Democratic causes. She cared deeply for her community, working to involve the Spanish- speaking Latino community in her local church and even offering her home to a homeless woman whom she found sleeping at the local post office. I urge all my House colleagues to join me in honoring this remarkable woman for her remarkable service to our community.

Ms. CHU

Ms. CHU. When I first got elected to Congress, I brought on a bright young man as an intern in my office. He was the student body president of Rio Hondo Community College. Ernesto was so sharp, so hardworking, so positive, with a deep desire to make America better and to use his education to make that happen. When he told me he was accepted to UCLA, I was so excited. But then he gave me the bad news. He learned he was undocumented. This after growing up most of his life right here in Los Angeles. He wasn't eligible for student loans. And despite all his efforts, he couldn't afford UCLA. Without the DREAM Act, Ernesto can't afford the tuition, and might lose his status as a student if he can't find help. Ernesto is one reason out of hundreds of thousands across the country as to why we can't wait another day. Let's make the DREAM Act a reality.

Ms. CHU

Ms. CHU. Mr. Speaker, toiling on America's farms is no easy job. Few people are willing to endure the heat, cold and misery of stooping in the fields--or the low wages. Today, an estimated 75 percent of the farming workforce is undocumented. This is bad for everybody. Undocumented workers are easy prey for exploitation and are unable to assert their rights. Farm workers talk of unbearable heat, poor living conditions, even abuse; and they have no one to turn to for help. Growers complain about the labor shortages that can spoil their crops. I have heard how farms struggle to maintain reliable, legal workforces to prune, pick and pack food for America's tables. Farm workers and growers need immediate relief to ensure that agriculture, especially in California, continues to thrive. That solution is ag jobs. Now that the House has passed the DREAM Act, I urge the Senate to pass both bills soon so farms can continue to operate, and students can achieve their dreams as we work on a permanent fix for this broken system.

Ms. CHU

Ms. CHU. Madam Speaker, yesterday, I was unable to participate in rollcall vote No. 609. Had I been present, I would have voted ``yes'' on H. Res. 1642, Recognizing the centennial of the City of Lilburn, Georgia, and supporting the goals and ideals of a City Lilburn Day. This year the City of Lilburn celebrated its centennial anniversary and I am proud to honor its history.

Ms. CHU

Ms. CHU. Madam Speaker, I rise today to recognize a great loss to our community, United States Marine Corps Sgt. Eric B. Sandoval, who passed away on Nov. 12, 2010, at the young age of 30. My heart goes out to his wife, Sandy; his stepson, Isaiah Salcedo; his parents, Roberto and Gloria; his brothers and sisters, Robert, Danny, Gabby, Alejandra, Jonathan and Steven; and the rest of his family and friends. Born in Los Angeles, Eric spent nearly all of his life in South El Monte and later Covina, attending Dean L. Shively Middle School and later South El Monte and Pomona high schools. A patriot who loved his country, he enlisted in the United States Marine Corps right out of high school at just 17 years of age, and spent the next 8 years as a scout sniper, serving in our nation's conflict in Iraq as part of Operation Iraqi Freedom. Within days of his arrival in Iraq, Eric's platoon came under attack The attack was so brutal that Eric was the only one of his group to survive, and had to undergo extensive surgery to repair his damaged eye and ear. Sergeant Sandoval received numerous awards and commendations for his bravery in the face of terrible odds, including the Navy & Marine Achievement Medal; Global War on Terrorism Expeditionary Medal; Afghanistan Campaign Medal; Global War on Terrorism Service Medal; Humanitarian Service Medal; Sea Service Deployment Award; Armed Forces Expeditionary Medal; Navy Meritorious Unit Commendation; and Good Conduct Medal, among others. After recovering from his injuries, Sergeant Sandoval's undying patriotism led him to return to Iraq, this time as a contractor for the government, helping to support his former comrades at arms until the time of his passing. And despite the hardships and difficulties presented by his war injuries, Eric still managed to attend college and graduate with a bachelor's degree in accounting and a master of arts degree in business administration, with honors. Eric B. Sandoval's generosity and kindness are an inspiration to his family and our entire community, and he lived his life with integrity and bravery. Our nation owes him a debt of gratitude that cannot be repaid. So I urge all my House colleagues to join me in honoring our community hero, Sgt. Eric B. Sandoval, for his remarkable service and contributions to our country.

Ms. CHU

Ms. CHU. Opponents of the DREAM Act claim the bill is amnesty. The DREAM Act is not amnesty. The DREAM Act is justice. ``Amnesty'' is defined as a government pardon. But how can you be pardoned if you have done nothing wrong? These children followed their parents to a land of greater opportunity, having no choice and no say in how they arrived. They grew up here, went to school here, and now want to serve the United States. But make no mistake, these students will not have it easy. They will have to work hard, wait an entire decade, and continue to prove they meet all of the criteria for a green card, much less citizenship. They must pay back taxes, be able to read, write, and speak English, and show knowledge of the United States. And when they have done all of that, they will finally be allowed to pursue their dreams. That is justice--the American way.

Ms. CHU

Ms. CHU. Madam Speaker, I am very proud that the legislation before us includes Important new options for high-poverty schools to provide free meals to all students. These new options, known as community eligibility, will reduce hassles for schools and stigma for students. They will allow schools serving our poorest communities to throw open the cafeteria doors and focus on serving the healthiest possible meals to all their students. Right now, low-income children who qualify for free school lunches have to apply for this program and prove that they are eligible. Schools then have to process the paperwork and certify that the children qualify. But the community eligibility provisions in this bill minimize all that paperwork both for children and for schools. In schools where there are large numbers of children who qualify for free school lunches, schools would have the option to provide free school lunches to all the children in the school. This option is much more efficient--children don't have to worry about whether they qualify for the program, their parents don't have to complete the paperwork, and school personnel can focus on providing the children with the best education instead of processing paperwork. This is a better way and it's the children that benefit the most. Low-income children contend with so many stressors in their lives, whether it's violence and addiction in their neighborhoods, parents who are working long hours for the basic necessities of living, or the stress children experience when they don't have enough to eat. The community eligibility provision in this bill makes our most disadvantaged children's lives a little easier by transforming their lunchtime experience from one of stress and stigma, to one of easy access to the food they need to develop to their fullest potential. These options are designed to be simple and easy to adopt. USDA must make it as seamless as possible for high-poverty schools to avail themselves of these new options. The bill that we passed out of the House Committee on Education and Labor directed USDA to provide outreach and informational materials on these new options to local educational agencies and schools in which a significant portion of students are eligible for free or reduced price meals, including those receiving funds for school improvement under section 1003(g) of the Elementary and Secondary Act of 1965. But USDA does not need new authority to reach out to these schools and facilitate their use of community eligibility. Therefore I urge USDA to set policies that welcome high-poverty schools into these options and provide the support and materials to facilitate their implementation. S. 3307 also includes a demonstration project to explore the use of Medicaid data for automatic enrollment for free school meals. Due to limited funds, the demonstration project in S. 3307 focuses on the use of Medicaid data by selected school districts around the country. However, I urge USDA to use alternative authority to allow California to conduct a statewide demonstration directly certifying children for free school meals based on Medicaid data. California's sophisticated data matching system is fully capable of conducting statewide matches to directly certify these children. A rigorous evaluation of such a demonstration project would help other states implement statewide direct certification using Medicaid data. I must also express my deep regret that this bill is partly funded by reducing SNAP benefits. Although I support passage of this legislation, I oppose the SNAP cuts it contains, will work to reverse them, and will strongly oppose any further cuts to SNAP benefits.

Ms. CHU

Ms. CHU. How could the wealthiest country in the world have a situation where 22 percent of its children are hungry? Children like Michael, a fourth-grader. His mom works two jobs, and it's hard for her to cook, so Michael stuffs three sandwiches in his backpack during lunch, making the school lunch program his only guaranteed meal. This bill will make it easier for more children like him to have at least one healthy meal a day. Kids who are fed aren't just healthier; they succeed. Children who eat breakfast at school do better on standardized tests than those who skip it or eat at home. But that's not all. We heard some school districts are balancing their budgets by using school lunch dollars for other purposes. So I introduced a bill to ensure Federal nutrition money actually goes toward feeding our needy children--it is included here--ensuring that our tax dollars go where they are supposed to. This bill was unanimously passed in the Senate and is fully paid for. Let's pass this bill, and let's ensure that our kids are fed.

Ms. CHU

Ms. CHU. During the worst recession in decades, should we be giving hundreds of billions in borrowed money to the rich? No. Instead, we should reignite the economy and focus on protecting the middle class. That's why I support extending tax cuts for them, who are 98 percent of American families. But some in Congress are holding the middle class hostage in order to cut taxes for the wealthiest 2 percent. In tough times like these, millionaires should be giving to charity, not getting it. This will force our cash strapped government to lose $700 billion over the next decade. And where will this money go? Straight into the pockets of those making more than half a million a year. What's worse, the wealthy are less likely to spend this money, doing little to help our economy recover. To me, the answer is clear--let's put our money where it creates jobs and helps the people who need it. Let's extend middle class tax cuts.

Ms. CHU

Ms. CHU. Our country is one of opportunity, where everyone can follow their dreams, but we need to ensure that America's young people get the training they need to succeed. But we have fallen behind. Today, only 15 percent of American students learn a second language, and it hinders us in today's global economy. That is why I have introduced the Global Language Early Education Act. My bill funds early education dual language programs across the country, and it provides the skills demanded in board rooms throughout the world. We know that dual language learners better manage complex situations and problems. That is why the bill also grooms our next generation of executives for success. Let's be competitive in this world. Let's encourage a second language. Let's promote our workforce and make sure that everybody can achieve the American Dream.

Ms. CHU

Ms. CHU. I yield myself such time as I may consume. I rise in support of House Resolution 1479, a bill supporting the United States Paralympics. A division of the U.S. Olympic Committee, the United States Paralympics organizes elite athletes with physical disabilities to compete internationally in the summer and winter Paralympic Games. House Resolution 1479 was introduced by our colleague, the gentleman from New Jersey, Representative Leonard Lance, on June 25, 2010. It was referred to the Committee on Oversight and Government Reform, which ordered it reported favorably by unanimous consent on July 28, 2010. The measure enjoys the support of over 50 cosponsors. I would like to thank the gentleman from New Jersey for introducing this measure, and I would also like to enter into the Record an exchange of letters between our committee, the Committee on Oversight and Government Reform, and the House Committee on Foreign Affairs, which expresses Chairman Berman's and the Foreign Affairs Committee's support of House Resolution 1479 and waives their jurisdictional interest in this bill. Mr. Speaker, the Olympic Games promote ideals of fair sportsmanship, fair play, physical fitness, and peace through sport. The Paralympics ensures that athletes with physical disabilities can take part in these games, representing our Nation on the world stage. There are over 21 million Americans with a physical disability, including thousands of men and women who sustained serious injuries while serving in the military. I am glad that they have the opportunity to represent our country by taking part in these games. Let us now honor these athletes and recognize their achievements through the passage of House Resolution 1479, and I urge my colleagues to join me in supporting it. House of Representatives, Committee on Foreign Affairs, Washington, DC, September 21, 2010. Hon. Edolphus Towns, Chairman, Committee on Oversight and Government Reform, Rayburn House Office Building, Washington, DC. Dear Chairman Towns: I am writing to you concerning H. Res. 1479, a resolution ``Supporting the United States Paralympics, honoring the Paralympic athletes, and for other purposes,'' introduced by Congressman Leonard Lance on July 28, 2010. As you know, this measure was referred to the Committee on Oversight and Government Reform and, in addition, to the Committee on Foreign Affairs for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. This bill contains provisions within the rule X jurisdiction of the Committee on Foreign Affairs. In the interest of permitting your Committee to proceed expeditiously to floor consideration of this important bill, I am willing to waive this Committee's right to mark up this bill. I do so with the understanding that by waiving consideration of the bill, the Committee on Foreign Affairs does not waive any future jurisdictional claim over the subject matters contained in the bill which fall within its rule X jurisdiction. Please include a copy of this letter and your response in the Congressional Record during consideration of the measure on the House floor. Sincerely, Howard L. Berman, Chairman.

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Ms. CHU. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1479) supporting the United States Paralympics, honoring the Paralympic athletes, and for other purposes.

Ms. CHU

Ms. CHU. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 3243, legislation to promote flexibility in work arrangements and scheduling for Federal firefighters. H.R. 3243 was introduced by Representative John Sarbanes, the gentleman from Maryland, on July 16, 2009. The bill was reported favorably by the Oversight and Government Reform Committee on September 23, 2010. H.R. 3243 allows federal firefighters to trade shifts without triggering mandatory overtime payments and added costs for their agency. The bill simply allows traded time to be excluded from the calculation of overtime. This grants more leave flexibility to these workers, without costing the government any money. The change is consistent with the workplace practices of state and municipal fire departments across the country. Under the bill, any decision to approve the workers' request to switch shifts would remain at the discretion of the employing agency. Trade time will boost federal agencies' ability to recruit and retain trained firefighters. The bill is strongly supported by the International Association of Firefighters. I thank Mr. Sarbanes for his work on this bill. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3243) to amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.