Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. Mr. President, it is true that we have increased significantly and dramatically the penalties in the Mine Safety Act because they were a slap on the wrist. They didn't even rise to the level of a business penalty. All we are doing basically is changing the maximum penalties, when we see the loss of life and the most grievous kinds of injuries to American workers. That is what we are doing. They haven't been raised since 1990, over 16 years. Why shouldn't we be able to at least take that to conference? That is all this is doing, trying to make sure that all the laws to protect American workers and to protect guest workers are going to be fairly and equitably enforced. I thank the chairman.

Mr. KENNEDY. Mr. President, I understand we are going to have another rollcall vote.

Mr. KENNEDY. I yield 30 seconds to the Senator from Illinois.

Mr. KENNEDY. Mr. President, I move to reconsider the vote.

Mr. KENNEDY. Mr. President, I understand that now before the Senate is the amendment I offered earlier, is that correct?

Mr. KENNEDY. Mr. President, I yield myself 1 minute.

Mr. KENNEDY. Mr. President, when American workers go to work every day, they expect to go into a workplace that is safe and secure. American families expect their husbands or their wives to come home to them because they work in a place that is safe and secure. For the last 16 years, we have not increased any of the penalties--the maximum penalties--on OSHA, the Fair Labor Standards Act--any of these penalties. This amendment does do so in a very reasonable and modest way. We have just done that with mine safety, and later this evening we are going to pass mine safety, virtually unanimously. One of the important parts of the mine safety amendment is the increase in the penalty. We are doing for American workers and for future American workers the same thing we have done for mine safety: We are making sure, through having penalties that are reasonable and responsible, that we have safe working conditions. That is what the Kennedy amendment does.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask unanimous consent that James Walsh, a detailee on my staff, be given floor privilege for the remainder of the Senate session. I also ask unanimous consent that Carol Wolchak, an attorney on my staff, be given floor privileges for the remainder of this bill.

Mr. KENNEDY

Mr. KENNEDY. I understand I may be wrong, and I wish the Senator from Georgia would correct me, the State minimum wage does not apply to agricultural workers. That is my understanding. If I am wrong, I hope the Senator will correct me. My understanding is the State minimum wage does not apply to agricultural workers. I withhold the remainder of my time.

Mr. KENNEDY. I yield myself 4 minutes.

Mr. KENNEDY. Mr. President, I thought there were certain values in this Senate upon which we could agree. If you work hard in this country, you shouldn't live a life of poverty. We have been trying to raise the minimum wage--which is $5.15 an hour--trying to raise that for over 9 years, and our Republican friends, including the Senator from Georgia, have been opposed to it. Look what this bill does. The current farm wage is $10.11; for an agricultural job, it is $7.86; and the Chambliss amendment is below the minimum wage. Not only is it below the minimum wage, but he specifically writes in his amendment that it will be below the minimum wage and State minimum wages will apply when they apply. But Georgia does not have a State minimum wage. I don't know what the Senator from Georgia has against someone working for $7.86 an hour. The cost of gas has gone through the roof. The cost of food has gone through the roof. A gallon of milk is $3.09 a gallon; eggs, $1.39; a loaf of bread is $3.29; a pound of hamburger is $3.99. And the Senator from Georgia, if we follow his suggestion, is driving wages down, not up. This is $7.86 an hour to try to get along. What we are trying to do is reduce the disparity. The Senator from Georgia said we were not involved in this. Well, we have 400 different organizations indicating to the Senate their support. We have broad support. More than 60 Members, Republicans and Democrats, cosponsored it, to bring it up to $7.86. But no, the Senator from Georgia wants this down to what some people have said is paid to pieceworkers, $3 or $4 an hour. Three or four dollars an hour? We might not have many farmers in Massachusetts, but whoever we have in Massachusetts understands below poverty wages, and $3 or $4 an hour for piecework is a poverty wage. It is wrong. If it is so troublesome that they are going to get paid $7.86, if Members are so worked up about that, if Members think that is too much for someone who works hard, for someone who does some of the most difficult work in this country, go ahead and vote for the Chambliss amendment. Mr. President, $7.86, when these workers have to pay $3 to get a gallon of gasoline? Talk about fairness. I listen to the Senator from Georgia. Let's talk about fairness. Let's talk about equity. Let's talk about treating everyone the same. They will be treated the same, but they will be treated mighty shabbily. This is a question of respect for those workers. Do you respect them in the United States, these hard- working people? Finally, about 20 percent of agricultural workers are Americans. You will depress their wages, too? Evidently. I hope we are not going to be about that at this time in this debate and discussion. I noticed that on page 2, the Senator talks about the prevailing wage, the occupation, and the applicable State minimum wage. Is there a State minimum wage in Georgia, I ask the Senator?

Mr. KENNEDY. In agriculture?

Mr. KENNEDY. The State minimum wage in agriculture is $5.15 an hour. Am I right that there is no way that even those who are picking per bushel would go below $5.15 an hour?

Mr. KENNEDY. How much time do we have?

Mr. KENNEDY. I yield a minute to the Senator from Idaho. I will reserve 34 seconds for myself.

Mr. KENNEDY. Mr. President, no matter how you slice it, this is a major cut for workers with the Chambliss amendment, No. 1. No. 2, we are trying to remedy the situation between documented and undocumented workers. We hear we have to do this because we are forced to have illegal workers. We are changing all of that. We are putting in place a system so we will have verification. We do believe this figure, the $7.86, for workers who work hard, play by the rules, and are trying to provide for their families, is not unfair, at a minimum. That is why I hope the Chambliss amendment will be defeated.

Mr. KENNEDY. Mr. President, the Senator from California is correct.

Mr. KENNEDY. Mr. President I ask unanimous consent that the following letter be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. We have until 10 o'clock, and that time is divided.

Mr. KENNEDY. If the Senator wants to speak for a few minutes, we can arrange that. I will withhold.

Mr. KENNEDY. Mr. President, I will take 2 minutes. Then I will yield back the time. And then I think we will be prepared to vote.

Mr. KENNEDY. He is asking the question, and he wants to answer the question on our time. I yield 5 minutes.

Mr. KENNEDY. Mr. President, in consultation with the floor manager-- this has been a good, important, and constructive debate--we need a few more minutes. And we asked the floor manager----

Mr. KENNEDY. Could I ask consent to get the time?

Mr. KENNEDY. Mr. President, I ask unanimous consent for 45 additional minutes.