Home Governmental Affairs U.S. Senator Johnny Isakson 02-05-10 - Weekly eNewsletter
02-05-10 - Weekly eNewsletter
Dear Friends,

This week the Senate debated the nomination of New York labor commissioner Patricia Smith to be solicitor at the U.S. Department of Labor. I strongly opposed her nomination because I believe Ms. Smith intentionally mislead senators during her confirmation process. The Senate approved her nomination by a vote of 60-37.

During her confirmation hearing, Ms. Smith was consistently evasive in response to numerous questions from members of the Senate Health, Education, Labor and Pensions Committee, specifically with regard to a program called "Wage Watch," which deputized private activist groups to inspect small businesses to look for violations of wage and hour laws.  I believe this approach is simply inappropriate.

In April 2009, I wrote to Ms. Smith and asked if she foresaw “the possibility of instituting similar efforts on the national level.” On May 12, 2009, she replied that she had “not considered or advocated expanding it across New York, to other parts of the country, to the federal level or to other laws.” However, documents procured by the HELP Committee revealed that Ms. Smith wrote in January 2009 that she would like to double the number of organizations involved, “while laying the foundation to expand the program to various parts of Long Island and upstate New York.”  She continued, “We’re creating a movement here, and the more the merrier.”

In discussing the success of the program, Ms. Smith also bragged that one business was closed as a result, telling the New York Times that she had “made the determination that it would be better for workers to lose their jobs than to continue working there.” I think the proactive enforcement of labor law should be vigilantly looking for violations and vigilantly pursuing correction. It should not be vigilantly looking for someone you can put out of business and cost the jobs of the employees of that small business.

Census Ads
This week I asked for details from Secretary of Commerce Gary Locke and Director of the Census Bureau Robert Groves about the multimillion-dollar television advertising campaign currently under way to promote the 2010 Census. 

As a member of the Senate Commerce Committee, I am concerned with the amount of taxpayer dollars that have been spent during a time of economic difficulty. The Census Bureau’s ad campaign includes a television commercial that will air during Sunday’s Super Bowl, which is known each year for having the most expensive 30-second spots of any program on television.

Economy and Jobs
This week I spoke on the Senate floor about how federal financial regulators are prolonging the recession for homeowners and small businesses through inflexible regulations and proposed fees on banks. Mark-to-market accounting rules have caused tremendous problems for our nation’s banks. I believe mark-to-market should not be an arbitrary write-down to zero but a recognition of the transition of values in a down market or in an up market. This issue hits at the heart of residential real estate construction lending thereby further crippling our economy from returning to prosperity.

In addition, I believe regulators could help struggling homeowners by basing real estate appraisals on the “cost to replace” rather than on “comparable sales,” as well as by enforcing the 10-day rule on banks to make decisions on “short sales” by homeowners who are underwater.

I also think the administration should rethink plans to impose fees on the country's biggest financial institutions in order to recover losses related to the Troubled Asset Relief Program. The vast majority of banks that received TARP funds are paying them back and that these fees will only further delay the ability of banks to extend badly needed credit to small businesses.

I believe the market deterioration was impacted by short sellers rushing to the market, shorting financial stocks and accelerating the decline of those values. The Securities and Exchange Commission needs to reinstate the Uptick Rule on financial stocks in order to stabilize the markets and protect the American consumer from traders forcing down the price of a stock. 

On Thursday, I joined with seven of my Senate Republican colleagues in signing a letter to Senate Majority Leader Harry Reid, D-Nev., asking him to take steps to improve immigration laws in order to help reduce U.S. unemployment.

I believe the millions of workers who are in the United States illegally are only exacerbating the unfair competition American workers currently face as they struggle to find jobs. By taking certain steps to improve our immigration laws, I believe that Congress can help the American worker at little to no cost to the American taxpayer. This includes permanently reauthorizing the E-Verify program, allowing employers to use E-Verify to verify the work authorization of current employees and increasing penalties for employers who knowingly hire illegal aliens.

Terrorist Trials in Civilian Court
Also this week, I co-sponsored legislation to prevent the 9/11 conspirators from being tried in civilian court. The legislation would cut off funding for the trials in any civilian court.

The administration’s proposal to send Khalid Sheikh Mohammed to New York City where he was the mastermind of the slaughter of almost 3,000 Americans and hold a trial in that city was just plain wrong. We should not grant American constitutional rights to a foreign terrorist, and I believe we must ensure that these terrorists are tried by military commission.

Nomination of Craig Becker
During an executive session of the Senate HELP Committee, I voted against the nomination of Craig Becker to serve on the National Labor Relations Board, because I believe Becker will use his position to bypass Congress and manipulate the federal regulatory process to favor labor unions if he is confirmed. The Senate HELP Committee approved Becker’s nomination by a 13-10 vote. Becker must now be confirmed by the full Senate, and no date has been set for the vote. I will vote against his confirmation.

It is clear that labor groups intend to use Craig Becker’s position on the NLRB to impose pro-union rules that they can’t get passed in Congress. For example, Stewart Acuff, chief of staff and assistant to the president of the Utility Workers Union of America, wrote yesterday in the Huffington Post that, “If we aren't able to pass the Employee Free Choice Act, we will work with President Obama and Vice President Biden and their appointees to the National Labor Relations Board to change the rules governing forming a union through administrative action.”

I am strongly opposed to the so-called Employee Free Choice Act, also known as Card Check, which would eliminate the rights of workers to participate in a secret-ballot election in order to certify the creation of a union. Instead, the legislation would force employees to make a public declaration of their preference by allowing union organizers to bypass elections if a majority of employees sign cards authorizing a union.

The NLRB has a history of trying to maintain a delicate balance of current law on union organizing that provides advantages and restrictions for both sides. It is imperative that this balance continues, regardless of which party controls the White House.

What’s on Tap?

The Senate is scheduled to vote Monday on whether to end the debate on the nomination of Craig Becker to serve on the National Labor Relations Board. Later in the week, Senate Democrats are expected to reveal the details of a jobs bill they will offer.

Sincerely,
Johnny Isakson
 

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