E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, MARCH 6, 2001 No. 28 House of Representatives The House met at 12:30 p.m. and was Americans all across this great Nation. Madam Speaker, I am pleased with called to order by the Speaker pro tem- Every year the Federal Government is the recognition the administration has pore (Mrs. MORELLA). there to help unfortunate victims and for our legislation, but I have serious f their States and local governments in reservations about another proposal the recovery and repair. In the last 8 which would eliminate Project Impact. DESIGNATION OF THE SPEAKER years alone, the United States has suf- This is a Federal program that is not a PRO TEMPORE fered more than 850 people dying in grant, but instead provides seed money The SPEAKER pro tempore laid be- floods, and the property damage has to- to help the people themselves build dis- fore the House the following commu- taled almost $90 billion. The total ex- aster resistant communities, to de- nication from the Speaker: penditure for disaster relief, including velop the partnerships and upfront in- FEMA and insured losses, has been WASHINGTON, DC, vestment needed to make sure that March 6, 2001. more than $150 billion in the last 20 people do not suffer these horrible I hereby appoint the Honorable CONSTANCE years. losses. A. MORELLA to act as Speaker pro tempore There are two ways that we can help: Madam Speaker, I was impressed this on this day. we can be dealing after the fact, deal- last fall to be able to address a con- J. DENNIS HASTERT, ing with the unfortunate victims and ference of over 2,000 participants, part- Speaker of the House of Representatives. the damage that has been brought; or ners all across the country in these f we can work to deal before disaster oc- partnerships. There are now 250 Project curs to minimize damage and perhaps Impact communities and over 2,500 MORNING HOUR DEBATES even prevent it all together. business partners alone, including The SPEAKER pro tempore. Pursu- I note two important provisions in the administration’s recent budget sub- NASA and four NASCAR race drivers. ant to the order of the House of Janu- It is important for us to nurture this ary 3, 2001, the Chair will now recog- mission: one is the reform of the Fed- eral flood insurance program. This is a type of partnership, not to turn our nize Members from lists submitted by back on it. the majority and minority leaders for high priority for me. It is long overdue. The gentleman from Nebraska (Mr. BE- Project Impact and flood insurance morning hour debates. The Chair will reform are two important ways that alternate recognition between the par- REUTER) and I have introduced legisla- tion in the last Congress that two the Federal Government can be a bet- ties, with each party limited to not to ter partner to promote livable commu- exceed 30 minutes, and each Member, floods and you are out of the taxpayer pocket bill to stop the Federal Govern- nities and to make our families safer, except the majority leader, the minor- ment subsidizing people who live in healthier, and more economically se- ity leader, or the minority whip, lim- areas that God has repeatedly shown cure. ited to not to exceed 5 minutes. that he does not want them. There is f The Chair recognizes the gentleman one home in suburban Houston that REPEALING THE 2 PERCENT EX- from Oregon (Mr. BLUMENAUER) for 5 has suffered over $800,000 of loss over minutes. CISE TAX ON PRIVATE FOUNDA- the last 20 years, 16 occasions, a home TIONS f that is only worth, they tell us, The SPEAKER pro tempore. Under FEDERAL GOVERNMENT PRO- $115,000. Our legislation would allow people to the Speaker’s announced policy of Jan- MOTING LIVABLE COMMUNITIES use this money to relocate out of uary 3, 2001, the gentleman from Flor- Mr. BLUMENAUER. Madam Speaker, harm’s way or to flood-proof their ida (Mr. STEARNS) is recognized during my priority in Congress is for the Fed- property. But if they do not, then they morning hour debates for 5 minutes. eral Government to be a better partner will be required to foot the bill them- Mr. STEARNS. Madam Speaker, last in promoting livable communities, to selves, not the U.S. taxpayer. We have week the gentleman from Illinois (Mr. make our families safe, healthy, and seen dramatic examples of what this CRANE) and I introduced bill H.R. 804, a economically secure. A critical ele- sort of proactive activity can do. The bill to repeal the 2 percent excise tax ment in a livable community is mak- Arnold, Missouri, flood damage in 1993 on private foundations. ing sure that we can deal with the nat- was over $2 million; but after work in The United States is blessed with a ural disasters: floods, fire, earth- flood-proofing the community, moving deep spirit of philanthropy. Charitable quakes, and storms. people out of harm’s way, the 1995 organizations serve the interest of both Every year natural disasters cost bil- flood, which was much larger, had only the individual and the community. Pri- lions of dollars and kill and injure $40,000 in damage. vate foundations in particular have

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 23-FEB-2001 00:04 Mar 07, 2001 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.000 pfrm02 PsN: H06PT1 H630 CONGRESSIONAL RECORD — HOUSE March 6, 2001 made measurable differences in the year 2001 budget. The Treasury Depart- The Vice President has said this pro- lives of Americans, from access to pub- ment noted: ‘‘Lowering the excise tax gram was ineffective. But when I asked lic libraries, developing the polio vac- rate for all foundations would make ad- Joe Allbaugh, our FEMA director, the cine, and even leading in the creation ditional funds available for charitable Federal Emergency Management Agen- of the emergency number 911. Each and purposes.’’ cy director, who has done a great job every American has experienced the So, Madam Speaker, common sense by the way on this disaster, he told me benefits of the tireless efforts of these dictates that the elimination of this he had not even been consulted. No- foundations. tax would increase additional chari- body asked him about Project Impact. Madam Speaker, currently there are table giving. I would like to thank my Somebody in the Bush administration 47,000 foundations in the United States. colleague, the gentleman from Illinois got out a red pen and just drew it right In 1998, foundations gave away an esti- (Mr. CRANE), for his support on this through that project and tried to kill mated $22 billion in grants. These foun- bill. I ask my colleagues to take a look the program. dations were also forced to give the at this piece of legislation. I would like Why did that happen? Well, it is pret- Federal Government a grant of $500 their support. It is H.R. 804. ty clear. This was an indiscriminate million in 1999. f cut that was simply made to try to ac- Under current law, not-for-profit pri- commodate and make room for these vate foundations generally must pay a SEATTLE EARTHQUAKE AN EXAM- tax cuts, and it is a disgrace. It is a dis- 2 percent excise tax on their net invest- PLE WHY CONGRESS NEEDS A grace to know that the first casualty of ment income. This requirement was BUDGET BEFORE IT DEBATES A the Bush tax cut is a program that in originally enacted in the Tax Reform TAX BREAK BILL Seattle, in fact, prevented casualties. Act of 1969 as a way to offset the cost The SPEAKER pro tempore. Under When we do tax cuts before we do a of government audits on these organi- the Speaker’s announced policy of Jan- budget, bad decisions are made. And zations. So some 31 years ago, we insti- uary 3, 2001, the gentleman from Wash- this is perhaps the most visible and tuted a tax on these foundations to ington (Mr. INSLEE) is recognized dur- first one in this sorry state of affairs. cover the audit expense. However, ing morning hour debates for 5 min- We should reject this bill. We should when you look at the number of audits utes. go back and do our jobs, do the budget that have been performed, particularly Mr. INSLEE. Madam Speaker, the first, and a reasonable, responsible tax since 1990, the IRS audits on private Seattle earthquake last week gave us a cut that meets our obligation to the foundations has decreased from 1,200 to telling example why it is grossly irre- American people. just 191. Yet the excise collection dur- sponsible to bring a huge tax cut bill to f ing these 31 years has grown from this floor before we do a budget. ON SOCIAL SECURITY roughly $200 million in 1990 to $500 mil- There is a lot wrong with this bill. Many people have heard many of these The SPEAKER pro tempore. Under lion in the year 1999. the Speaker’s announced policy of Jan- In addition, private foundations are problems: the fact that it gives 43 per- uary 3, 2001, the gentleman from Michi- bound by a 5 percent distribution rule. cent of all the benefits to just 1 percent gan (Mr. SMITH) is recognized during Foundations must make annual quali- of Americans. That is a problem. The fact that it is based on really phony morning hour debates for 5 minutes. fying distributions for charitable pur- Mr. SMITH of Michigan. Madam fiscal hallucinations based on these 10- poses equal to roughly 5 percent of Speaker, I would like to spend just a year projections when we cannot even their fair market value of the founda- couple minutes talking about some of project 10 months from now. That is a tion’s net investment assets. The re- the issues that this Congress, both the quired 2 percent excise tax, which is problem. But perhaps the biggest kind House and the Senate, are really strug- payable to the IRS, actually counts as of problem was made clear to us in Se- gling with, and that is the debt that a credit to the 5 percent distribution attle last week on the very day that a has been mounting up, the total Fed- rule. 6.8 on-the-Richter-Scale quake hit Se- eral public debt, of this country. I So in a nutshell, what we have here attle. The administration tried to hit would like to comment about the legit- is a private foundation making a chari- our earthquake preparedness programs imacy of a tax reduction and would table grant to the Federal Government by trying to kill Project Impact. like to comment on the challenge that every year, and since 1969 the number Project Impact is a Federal program is facing this body and the President in of audits have gone down; yet the num- that is designed to help improve local terms of keeping Social Security sol- ber of charitable foundations has gone communities’ earthquake preparedness vent. up. programs, a program Seattle had used First of all, on the debt: if my col- Madam Speaker, I do not believe that to good effect and which was effective leagues will bear with me, let me break the Federal Government is in dire need in reducing losses. Why did that hap- down the current Federal national debt of this excise tax, and in fact in the pen? Well, the Vice President said that of now $5.7 trillion. Of that $5.7 trillion, next 10 years the Federal Government Project Impact was ineffective. I break it down into three segments: will show a surplus of $5.7 trillion. In Try telling that to the first graders The treasury debt. When we issue 2002 we are projected to have a $231 bil- at Stevens Elementary School in Se- Treasury paper, Treasury bills, Treas- lion surplus. Therefore, I believe that attle, who I visited last week, the day ury bonds, the so-called debt held by Americans have been more than chari- after the quake, who, until Project Im- the public, that now represents $3.4 table in giving the government their pact came along, did their studying un- trillion out of the $5.7 trillion. hard-earned dollars. It is time that we derneath a 1-ton tank of water that The debt that has been borrowed begin the process of returning the was prone to going right through the from Social Security represents $1.2 money to the people. ceiling and down onto their classroom trillion, $1.2 trillion out of the $5.7 tril- President Bush is working to accom- because it was not secured adequately lion. That is what we have been bor- plish that goal with his reduction in for a standard earthquake. But then rowing pretty much ever since we dra- tax rates, allowing for the increased Project Impact dollars came along. The matically have increased the Social Se- use of charitable deductions and cred- school district secured that water tank curity taxes, the FICA taxes, over the its. My bill goes one step further. It and no one got hurt. In fact, in the last 20 years. There has been much gives those charitable organizations re- seven schools in the Seattle school dis- more money coming in than has been lief from the $500 billion tax that the trict that had used Project Impact needed, and that is especially true Federal Government instituted 31 monies, none of the structures that had since the 1983 increase in Social Secu- years ago so they can give more of been dealt with caused any damage. rity taxes. So we have accumulated $1 their money back to the people who This is an effective program. These trillion worth of IOUs that this govern- need it. Federal investments saved lives. We ment owes Social Security when it I would like to also emphasize, ourselves saw that in Seattle last comes time for Social Security needing Madam Speaker, that the former Presi- week. This is an effective program. So that money. dent, Mr. Clinton, proposed a reduction why did the administration try to kill So we have $3.4 trillion that is Treas- in this same excise tax in his fiscal- it? Well, that is kind of interesting. ury debt, debt held by the public; we

VerDate 23-FEB-2001 00:04 Mar 07, 2001 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.003 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H631 have $1.1 trillion that is owed the So- RECESS 320(b)(2) of Public Law 106–291, the cial Security Trust Fund, and then the The SPEAKER pro tempore. Pursu- Chair announces the Speaker’s ap- other 117 trust funds that the Federal ant to clause 12 of rule I, the Chair de- pointment of the following members on Government has represents additional clares the House in recess until 2 p.m. the part of the House to the Advisory IOUs of another $1.2 trillion. Accordingly (at 12 o’clock and 50 Committee on Forest Counties Pay- So we divide it in three different lev- minutes p.m.), the House stood in re- ments: els. Most of the surplus is coming from cess until 2 p.m. Mr. Robert E. Douglas of California the Social Security surplus, the excess and f of Social Security taxes over what is Mr. Mark Evans of Texas. needed to pay Social Security benefits. b 1400 There was no objection. And I think we should remind our- AFTER RECESS f selves, Madam Speaker, that Social Se- The recess having expired, the House COMMUNICATION FROM HON. RICH- curity is a pay-as-you-go program; that was called to order by the Speaker pro ARD A. GEPHARDT, DEMOCRATIC when Social Security taxes come in, by tempore (Mrs. EMERSON) at 2 p.m. LEADER the end of the week, that money is sent out in benefits. So there is no reserve. f The SPEAKER pro tempore laid be- There are no accounts with individuals’ PRAYER fore the House the following commu- names on it. And that has left us with nication from RICHARD A. GEPHARDT, The Chaplain, the Reverend Daniel P. Democratic Leader: the problem of how we are going to pay Coughlin, offered the following prayer: back that money when the baby Isaias begins his message with these HOUSE OF REPRESENTATIVES, boomers start retiring in 2008. So we OFFICE OF THE DEMOCRATIC LEADER, words: ‘‘Hear, O heavens, and listen, O Washington, DC, March 6, 2001. have a huge increase in the number of earth, for the Lord speaks.’’ retirees, recipients, as we are looking Hon. J. DENNIS HASTERT, All the heavens and all the earth can- Speaker of the House, House of Representatives, at a relatively fewer number of work- not grasp or contain Your Word, O Washington, DC. ers that are paying in those taxes to Lord. Once spoken and unleashed upon DEAR MR. SPEAKER: Pursuant to section pay the benefits for those retirees. our world, Your word catapults 127 of P.L 97–377 (2 U.S.C. 88b–3), I hereby ap- We have been talking in both the imaginings to their heights and pene- point the following Member to the House of White House and in both Chambers of trates everything to its depths. May Representatives Page Board: Mr. Kildee, MI. Congress about paying down the debt our hearing turn to listening and our held by the public. Some people refer Yours Very Truly, listening make us so attentive that it RICHARD A. GEPHARDT. to it as the public debt. Technically, leads to new understanding and new f that is not correct. It is the debt held ways of acting. by the public. The dollars that we are Your Word provokes Isaias to cry out NOW IS THE TIME FOR TAX using to pay down that debt held by to the people: If only we were free RELIEF the public are the extra dollars mostly enough to be raised up by its power or (Mr. GIBBONS asked and was given coming in from the Social Security strong enough to be embraced by its permission to address the House for 1 Trust Fund. So we write out an IOU, full passion! Then we like Isaias would minute and to revise and extend his re- and we use those dollars to pay down be able to hear, in our broadcasted marks.) the debt held by the public. news, the voice of violence coming Mr. GIBBONS. Madam Speaker, To assume this has anything to do from our own children. And we would America and indeed this Congress has a with helping to keep Social Security lament as a nation searching for pro- lot to celebrate. After years of wasteful solvent is incorrect. The only thing phetic vision until we and our ways of spending and rising deficits, our fiscal that might be worse than using this acting change. We pray for this vision house is in order. Congress has a bal- money to pay down the debt and writ- now and forever. Amen. anced fiscal budget. Since 1997 we have ing out an IOU is possibly using it for f paid down approximately $363 billion of increased spending and starting new THE JOURNAL our public debt. We are on the course entitlement programs. If we do this, to paying off the complete $2 trillion and then we have a problem with So- The SPEAKER pro tempore. The public debt over the next 10 years. cial Security in the next 8 to 15 years, Chair has examined the Journal of the The Republican Congress has walled it is even more difficult because we last day’s proceedings and announces off nearly $3 trillion for the protection have expanded the size of the Federal to the House her approval thereof. of Social Security, Medicare and fur- Pursuant to clause 1, rule I, the Jour- Government. ther debt relief. Let me mention the tax cuts that nal stands approved. The nonpartisan CBO estimates that will be coming up in this Chamber in f we will have a $5.6 trillion surplus this the next couple or 3 days as we talk PLEDGE OF ALLEGIANCE year. Our fiscal house is not only in about a tax reduction. If things were The SPEAKER pro tempore. Will the order, it is in the best possible shape it perfect, we should not have a tax re- has been in generations. Now is the gentleman from Ohio (Mr. TRAFICANT) duction, but that money should be used time to give Americans some much- to make sure Social Security stays sol- come forward and lead the House in the Pledge of Allegiance. needed tax relief. If the surplus money vent. I think one way to do this is to stays in Washington, it will only be put it in privately held and owned ac- Mr. TRAFICANT led the Pledge of Allegiance as follows: spent on bigger and more wasteful gov- counts where the flexibility, where the ernment bureaucracy. We need to put alternatives of an individual to invest I pledge allegiance to the Flag of the United States of America, and to the Repub- America’s families first. They want that money are limited, such as in a lic for which it stands, one nation under God, and deserve real tax relief now. 401(k). So they would be limited to safe indivisible, with liberty and justice for all. f investments. They would be limited to f only a certain percentage that could go FAMILIES AND THE into equity, stocks, and the remainder MESSAGE FROM THE PRESIDENT RESPONSIBILITY OF PARENTHOOD would have to go into interest-bearing A message in writing from the Presi- (Mr. TRAFICANT asked and was accounts. dent of the United States was commu- given permission to address the House If we were to accomplish that and use nicated to the House by Ms. Wanda for 1 minute and to revise and extend this money now, it would simplify and Evans, one of his secretaries. his remarks.) help us solve the long-term problems of f Mr. TRAFICANT. Madam Speaker, a Social Security. And I just mentioned, 15-year-old California student shot and we are looking at surpluses coming in APPOINTMENT AS MEMBERS TO killed two peers and wounded 13 others. in the next several years of $5.6 tril- ADVISORY COMMITTEE ON FOR- Once again, guns are blamed. lion. We are looking at an unfunded li- EST COUNTIES PAYMENTS Madam Speaker, I disagree. It is time ability for Social Security of $9 tril- The SPEAKER pro tempore. Without to look at family and the responsibil- lion. objection, and pursuant to section ities of parenthood. But in any regard,

VerDate 23-FEB-2001 00:04 Mar 07, 2001 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.019 pfrm02 PsN: H06PT1 H632 CONGRESSIONAL RECORD — HOUSE March 6, 2001 just think about it. America has drugs, She remains the leading scorer in Kan- ISSUES CONCERNING VIEQUES, rape, even murder in our schools, but sas high school basketball history. PUERTO RICO God is not allowed to enter, not even a Her practice routine includes shoot- (Mr. ACEVEDO-VILA´ asked and was moment of silence. Beam me up. ing 1,000 baskets each time. While in given permission to address the House A nation that denies God defies God high school, Jackie’s right wrist was for 1 minute and to revise and extend and invites disaster like we are seeing broken during a game. Days later, the his remarks.) week after week, month after month. I right-handed shooter was training her- Mr. ACEVEDO-VILA´ . Madam Speak- yield back the fact that school prayer self to shoot with her left hand. These er, I want to recognize my constituents may not solve all problems, but school examples demonstrate her natural tal- from Puerto Rico, many of them from prayer is a start in the right direction. ents and desire to achieve perfection. Vieques, that have come to Washington f Jackie has received so many well deserved to share with Members their concerns honors. Among them include twice being TRIBUTE TO JACKIE STILES involving the U.S. Navy’s bombing ex- named Missouri Valley Conference Player of ercises on Vieques. (Mr. BLUNT asked and was given the Year, in addition to being a member of the For the last 60 years, the people of permission to address the House for 1 United State’s Gold Medal-Winning Jones Cup the island of Vieques have suffered minute and to revise and extend his re- Team. This year she was nominated for an from the Navy’s bombing exercises. marks.) ESPY, and is a hopeful for another Missouri They have seen their children get ill Mr. BLUNT. Madam Speaker, I rise Valley Conference Player of the Year award, and die of cancer and have suffered today to talk about a totally different in addition to being named Naismith Player of from numerous diseases. Residents of kind of situation at school than the the Year. Vieques have a mortality rate 40 per- gentleman from Ohio (Mr. TRAFICANT) Jackie is quick to acknowledge the cent higher than that of Puerto Rico mentioned. I rise to pay tribute to a contributions of others in her success, and a 27 percent higher risk of dying young lady who has brought praise and particularly her parents, Pat and Pam from cancer. honor on the sport of basketball and to Stiles, of Claflin, Kansas. She always This is a nonpartisan issue. In Puerto Southwest Missouri State University places her team first and herself sec- Rico, all political parties stand united. by becoming the Nation’s all-time ond. She maintains an undying devo- We welcome the support and commit- leading scorer in women’s NCAA Divi- tion to her fans and it is common for ment of Governor Pataki of New York sion I basketball. her to stay hours after the game until and Governor DiFrancesco of New Jer- Jackie Stiles has been among the each person who wants an autograph leading scorers in women’s college bas- sey. has seen her. Despite what my colleagues may ketball for 4 years. She scored 20 or Seldom does an individual come more points in college games 86 times; have heard, our military preparedness along whose character and skill tran- does not rest in the balance of training 30-plus points 35 times; 40-plus points scend beyond the court. In Kansas and 10 times, and in 2 games she broke the at Vieques. Jack Shanahan, retired Ad- Missouri, Jackie is a role model. Now miral of the U.S. Second Atlantic 50-point mark. She is one of only two the rest of the Nation can discover how players in NCAA women’s basketball Fleet, has stated that there are alter- special she is. Jackie Stiles is truly de- native sites and that training on history to break the 50-point mark serving of her most recent honors and twice. She broke the 12-year-old NCAA Vieques is outdated. Further, we are accomplishments. encouraged by the Secretary of De- Division I scoring mark of 3,103 points Madam Speaker, congratulations to in a game last week with Creighton fense’s decision to suspend exercises her and her hometown of Claflin, Kan- that were scheduled to take place on University. sas. Jackie Stiles grew up playing basket- Vieques in March. I stand here today to call on Presi- ball in Claflin, Kansas, where she was f highly recruited by colleges and uni- dent Bush to order the permanent ces- versities nationwide. She has also been sation of all bombing exercises on PROVIDING FAMILIES WITH MUCH on the all-American academic team Vieques. Vieques is not a national se- NEEDED RELIEF every year of her college career. She is curity issue. It is a health and human a great role model for students and (Mr. STEARNS asked and was given rights issue. If compassion has any young athletes and young women. permission to address the House for 1 meaning, I cannot think of any more Madam Speaker, I wish her and her minute and to revise and extend his re- compelling case. I urge my colleagues team well as they go on to finish this marks.) to support our letter to the President. season and to add new points to that Mr. STEARNS. Madam Speaker, Elie Weisel said: Indifference reduces overall record. American families deserve to share in the other to an abstraction. The people of Vieques are very real and their suf- f the rewards of this economy they shaped and the surplus they created. fering very concrete. Indifference on TRIBUTE TO JACKIE STILES At the same time recognizing the slow- this issue is unacceptable. (Mr. MORAN of Kansas asked and er economy of the last 6 months, we f was given permission to address the need to get some help, and tax relief House for 1 minute and to revise and would do that. AGAINST THE PRESIDENT’S TAX extend his remarks.) Critics of tax relief cannot have it CUT Mr. MORAN of Kansas. Madam both ways. They argued against tax re- (Mr. ROEMER asked and was given Speaker, I join the gentleman from lief when the deficits were more than permission to address the House for 1 Missouri (Mr. BLUNT) in recognizing $250 billion in the 1990s; and now they minute and to revise and extend his re- the achievement of a remarkable ath- argue against tax relief again when the marks.) lete that comes from the First District deficits have turned into surpluses. Mr. ROEMER. Madam Speaker, I rise of Kansas. Claflin, Kansas, population So many families are still struggling to discuss what the American people 700, native Jackie Stiles, who averages today to pay their credit card and util- need and want and that is fair tax cuts around 30 points per game, is one of ity bills. Ending the marriage penalty based upon a real surplus. I disagree college basketball’s most outstanding tax and phasing out the death tax will with the President’s proposal that he scorers. create a fair Tax Code that would ben- has laid before us that is based on a On March 1, she made history by efit all Americans. Ouija board prediction, a crystal ball breaking the NCAA Division I women’s Madam Speaker, allowing all Ameri- and a magic wand. We do not know if career scoring record of 3,133 points. cans to keep more of their money is a these surpluses are going to mate- She increased that record by adding good policy for the economy as a rialize. As a matter of fact, from our another 35 points on March 3 during whole. Clearly there is room within the State in Indiana, we used to have a sur- Southwest Missouri’s final regular sea- surplus to pay down the debt, fund pri- plus 2 years ago. It is gone. We do not son game. Jackie’s hard work and dedi- ority programs, and enact President know if this Federal surplus is going to cation to basketball is unparalleled. Bush’s tax cut. be there in 2 years, let alone 10. Yet the

VerDate 23-FEB-2001 00:42 Mar 07, 2001 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.008 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H633 President’s proposal asks for $1.6 tril- There was no objection. (Mr. BOUCHER asked and was given lion in tax cuts. Let us make sure it is Mr. BASS. Madam Speaker, I yield permission to revise and extend his re- something the American people get and myself such time as I may consume. marks.) we do not pull the rug out from under- Madam Speaker, H.R. 724 makes a Mr. BOUCHER. Madam Speaker, I am neath them in 3 years. technical correction to the Energy Pol- pleased to rise today in support of H.R. Secondly, it should be fair, targeted icy and Conservation Act that is nec- 724, a bill that makes a needed tech- at people making $80,000 and $70,000 a essary for Congress to authorize future nical correction to H.R. 2884, legisla- year, not $800,000 and $900,000 a year. I appropriations for the Strategic Petro- tion which Congress enacted last year hope the President, as he has said to leum Reserve. It contains a date cor- to reauthorize the Energy Policy and Democrats throughout the last 2 rection that was incorrectly referenced Conservation Act. It is particularly im- months about the spirit of bipartisan- when EPCA was reauthorized during portant that EPCA be extended at this ship and asking us to come down and the 106th Congress. In the last EPCA point because it provides for the oper- meet with him at the White House, reauthorization, Congress instructed ation of the Strategic Petroleum Re- that he would now practice bipartisan- the Department of Energy to continue serve, a frontline protection against an ship and, beyond the spirit of biparti- operating the Strategic Petroleum Re- interruption in our Nation’s energy sanship, work with us for a fair tax cut serve through September 30, 2003. How- supplies. and one that is based on real surpluses. ever, we failed to make a conforming H.R. 724 ensures that the authoriza- f date change to a related section of the tion for appropriations for the SPR is extended through September 2003. This b 1415 act. This was a technical error and H.R. 724 corrects this situation. measure conforms with the extension ANNOUNCEMENT BY THE SPEAKER EPCA authorizes the Department of of the Department of Energy’s author- PRO TEMPORE Energy to operate the Strategic Petro- ity to operate the SPR made by last The SPEAKER pro tempore (Mrs. leum Reserve. The SPR contains ap- year’s legislation, and in so doing cor- EMERSON). Pursuant to clause 8 of rule proximately 541 million barrels of oil rects a drafting oversight. XX, the Chair announces that she will stored along the Gulf Coast. It costs I am pleased to support the passage postpone further proceedings today on about $165 million a year to operate the of H.R. 724 and urge its approval by the each motion to suspend the rules on Reserve. As a practical matter, last House. which a recorded vote or the yeas and year’s Interior appropriations bill ap- Madam Speaker, I have no further re- nays are ordered, or on which the vote propriated funds to operate the SPR quests for time, and I yield back the is objected to under clause 6 of rule through fiscal year 2001. Given that balance of my time. XX. more than half of our demand for oil is Mr. BASS. Madam Speaker, I have no Any record votes on postponed ques- met through imports, the importance further requests for time, and I yield tions will be taken after debate has of a Strategic Petroleum Reserve to back the balance of my time. concluded on all motions to suspend protect against supply disruptions is The SPEAKER pro tempore. The the rules but not before 6 p.m. today. now greater than ever. The majority of question is on the motion offered by f the Strategic Petroleum Reserve was the gentleman from New Hampshire reauthorized through fiscal year 2003 (Mr. BASS) that the House suspend the AUTHORIZING APPROPRIATIONS rules and pass the bill, H.R. 724. TO CARRY OUT PART B OF during the 106th Congress. Section 166 of EPCA provides author- The question was taken. TITLE I OF ENERGY POLICY AND The SPEAKER pro tempore. In the CONSERVATION ACT RELATING ization for, quote, such sums as may be necessary, end of quote, to be appro- opinion of the Chair, two-thirds of TO STRATEGIC PETROLEUM RE- those present have voted in the affirm- SERVE priated for operation of the Strategic Petroleum Reserve. Due to a technical ative. Mr. BASS. Madam Speaker, I move error in the most recent EPCA reau- Mr. BASS. Madam Speaker, on that I to suspend the rules and pass the bill thorization, section 166 provides au- demand the yeas and nays. (H.R. 724) to authorize appropriations thorization for appropriations only The yeas and nays were ordered. to carry out part B of title I of the En- through March 31, 2000, the end of last The SPEAKER pro tempore. Pursu- ergy Policy and Conservation Act, re- year. In contrast, section 191 of EPCA ant to clause 8 of rule XX and the lating to the Strategic Petroleum Re- provides the authority for the Depart- Chair’s prior announcement, further serve. ment of Energy to operate the Stra- proceedings on this motion will be The Clerk read as follows: tegic Petroleum Reserve through Sep- postponed. H.R. 724 tember 30, 2003. f Be it enacted by the Senate and House of Rep- H.R. 724 will eliminate the March 31, AMENDING CONSUMER PRODUCT resentatives of the United States of America in 2000 limitation on appropriations for Congress assembled, SAFETY ACT TO PROVIDE THAT the Strategic Petroleum Reserve, al- LOW-SPEED ELECTRIC BICYCLES SECTION 1. STRATEGIC PETROLEUM RESERVE. lowing future appropriations for the re- Section 166 of the Energy Policy and Con- ARE CONSUMER PRODUCTS SUB- servation Act (42 U.S.C. 6246) is amended— serve. With this change and pursuant JECT TO SUCH ACT to section 191 of EPCA, the Reserve (1) by striking ‘‘for fiscal year 2000’’; and Mr. STEARNS. Madam Speaker, I (2) by striking ‘‘, to remain available only would not have to be reauthorized move to suspend the rules and pass the through March 31, 2000’’. again until September 30, 2003. bill (H.R. 727) to amend the Consumer The correction in H.R. 724 also sim- The SPEAKER pro tempore. Pursu- Product Safety Act to provide that plifies future reauthorizations of EPCA ant to the rule, the gentleman from low-speed electric bicycles are con- by placing the effective date in one sec- New Hampshire (Mr. BASS) and the sumer products subject to such Act. tion, that is section 191, as opposed to gentleman from Virginia (Mr. BOU- The Clerk read as follows: CHER) each will control 20 minutes. two sections. Maintaining a strong The Chair recognizes the gentleman Strategic Petroleum Reserve is an im- H.R. 727 from New Hampshire (Mr. BASS). portant part of our Nation’s energy se- Be it enacted by the Senate and House of Rep- curity. I urge my colleagues to support resentatives of the United States of America in GENERAL LEAVE Congress assembled, Mr. BASS. Madam Speaker, I ask H.R. 724 since it is a necessary tech- nical correction to ensure the contin- SECTION 1. CONSUMER PRODUCT SAFETY ACT. unanimous consent that all Members The Consumer Product Safety Act (15 may have 5 legislative days within ued authorization of the Strategic Pe- U.S.C. 2051 et seq.) is amended by adding at which to revise and extend their re- troleum Reserve. the end the following: marks and include therein extraneous Madam Speaker, I reserve the bal- ‘‘LOW-SPEED ELECTRIC BICYCLES ance of my time. material on H.R. 724. ‘‘SEC. 38. (a) Notwithstanding any other The SPEAKER pro tempore. Is there Mr. BOUCHER. Madam Speaker, I provision of law, low-speed electric bicycles objection to the request of the gen- yield myself such time as I may con- are consumer products within the meaning tleman from New Hampshire? sume. of section 3(a)(1) and shall be subject to the

VerDate 23-FEB-2001 02:07 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.010 pfrm02 PsN: H06PT1 H634 CONGRESSIONAL RECORD — HOUSE March 6, 2001 Commission regulations published at section effect on many of my constituents, and pecially, as my colleague mentioned, 1500.18(a)(12) and part 1512 of title 16, Code of I believe others in this House. for older or disabled riders and many Federal Regulations. A vast majority of the people who commuters. Right now, electric bikes ‘‘(b) For the purpose of this section, the use these bicycles are seniors. They are are caught in a regulatory trap be- term ‘low-speed electric bicycle’ means a designed to make it easier for the el- two- or three-wheeled vehicle with fully op- tween the National Highway Traffic erable pedals and an electric motor of less derly to get to the grocery store, ride Safety Administration and the Con- than 750 watts (1 h.p.), whose maximum through the park and perhaps get some sumer Product Safety Commission. speed on a paved level surface, when powered fresh air. The CPSC has responsibility for solely by such a motor while ridden by an Let me give an example. For in- human-powered bicycles, including operator who weighs 170 pounds, is less than stance, today’s Congressional Monitor pedal-assisted electric bicycles. How- 20 mph. reported that a 66-year-old retired en- ever, power on demand, low-speed elec- ‘‘(c) To further protect the safety of con- gineer from California, who uses his sumers who ride low-speed electric bicycles, tric bicycles are currently defined as electric bike to commute to and from motor vehicles and come under the ju- the Commission may promulgate new or his home in Santa Cruz, he states that amended requirements applicable to such ve- risdiction of the National Highway hicles as necessary and appropriate. before he bought the electric bike, Traffic Safety Administration, or ‘‘(d) This section shall supersede any State ‘‘There was some terrain I just could NHTSA. law or requirement with respect to low-speed not ride because of my wind and lack of The bill establishes a definition of electric bicycles to the extent that such conditioning,’’ end quote. electric bikes, a vehicle with two or State law or requirement is more stringent H.R. 727 transfers regulatory jurisdic- three wheels, operable pedals and elec- than the Federal law or requirements re- tion over low-speed electric bikes, ferred to in subsection (a).’’. tric motor of about one horsepower. those bikes now with less than a one- With the motor alone, the bike’s top SEC. 2. MOTOR VEHICLE SAFETY STANDARDS. horsepower engine and a maximum For purposes of motor vehicle safety stand- speed is less than 20 miles per hour. speed of 20 miles per hour, to the CPSC. The bill also provides CPSC with au- ards issued and enforced pursuant to chapter This, I believe, is a common sense ap- 301 of title 49, United States Code, a low- thority to issue new requirements nec- speed electric bicycle (as defined in section proach of treating bicycles like bicy- essary to protect consumer safety. 38(b) of the Consumer Product Safety Act) cles, treating these types of bicycles Both NHTSA and CPSC agree that all shall not be considered a motor vehicle as like the normal bicycles and ensuring low-speed electric bicycles are more defined by section 30102(6) of title 49, United that they are safe for all drivers. appropriately regulated as consumer States Code. Language identical to H.R. 727 passed products by the CPSC. If NHTSA were The SPEAKER pro tempore. Pursu- the House last session. Unfortunately, to establish a standard for electric ant to the rule, the gentleman from there was not enough time to enact bikes, the rules could force manufac- Florida (Mr. STEARNS) and the gentle- this bill. turers to meet safety regulations in- I would like to thank the gentleman woman from California (Mrs. CAPPS) tended for motorcycles and similar from Louisiana (Mr. TAUZIN) for expe- each will control 20 minutes. kinds of vehicles such as requiring diting this bill through the Sub- The Chair recognizes the gentleman brake lights, automotive-grade head- committee on Energy and Power of the from Florida (Mr. STEARNS). lights or turn signals. Committee on Commerce, and my GENERAL LEAVE Requiring these unnecessary features friends on the other side of the aisle, Mr. STEARNS. Madam Speaker, I on an electric bike would add hundreds for their support. H.R. 727 is a good ask unanimous consent that all Mem- of dollars to the retail price of an elec- bill. I urge all of my colleagues to sup- bers may have 5 legislative days within tric bike, and this would certainly dis- which to revise and extend their re- port it. Madam Speaker, I reserve the bal- courage their use. marks and include extraneous material This bill fixes that problem by giving ance of my time. on H.R. 727. Mrs. CAPPS. Madam Speaker, I yield jurisdiction over electric bikes to the The SPEAKER pro tempore. Is there myself such time as I may consume. Consumer Product Safety Commission, objection to the request of the gen- (Mrs. CAPPS asked and was given where it belongs. Here they can be reg- tleman from Florida? permission to revise and extend her re- ulated like the consumer products that There was no objection. marks.) they are. Mr. STEARNS. Madam Speaker, I Mrs. CAPPS. Madam Speaker, I rise Madam Speaker, I know about elec- yield myself such time as I may con- also in support of H.R. 727, a bill to pro- tric bikes. Some are manufactured in sume. vide that low-speed bicycles are appro- my district, and bike-friendly Santa Madam Speaker, I rise today in sup- priately regulated as consumer prod- Barbara and San Luis Obispo Counties port of H.R. 727, a bill that transfers ju- ucts under the Consumer Product Safe- have many electric-bike users already. risdiction over low-speed electric bikes ty Act. I hope this bill will encourage most from the National Highway Traffic I am an original cosponsor of this of our citizens to use these innovative Safety Administration, or NHTSA, to legislation, initially introduced by my and environmentally friendly vehicles. the Consumer Product Safety Commis- good friend the gentleman from Flor- This is certainly common sense legisla- sion. This is a bipartisan bill, and I am ida (Mr. STEARNS), chairman of the tion and I urge my colleagues to sup- pleased to support its passage. Subcommittee on Commerce, Trade, port it. Low-speed electric bicycles offer con- and Consumer Protection. Mr. BLUMENAUER. Madam Speaker, I rise sumers the enjoyment of biking with This bill has five other cosponsors, today in support of H.R. 727, a bill that pro- the convenience of assisted power so including three other Democratic vides for Consumer Product Safety Commis- they can use the power or not use the Members, the gentleman from Cali- sion regulation of electric bikes. power, use the bike as a normal bike. fornia (Mr. BERMAN), the gentleman I have dedicated my service in Congress to They give their riders, most of the from Oregon (Mr. BLUMENAUER), and the promotion of livable communities, commu- time seniors, the disabled, and law en- the gentleman from Minnesota (Mr. nities that are safe, healthy, and economically forcement, some extra help in peddling OBERSTAR). I want to thank them for secure. long distance and climbing hills. their support of this important legisla- Transportation choices are a critical part of Currently, low-speed electric bikes tion. a livable community. are regulated by NHTSA, which sub- Identical legislation passed the As a chair of the Bi-Partisan Bicycle Cau- jects these bicycles to the same stand- House floor by voice vote under suspen- cus, we recognize that electric bikes are im- ards as motor vehicles. For instance, sion of the rules. However, the Senate portant to that goal in that they provide an en- under NHTSA regulation, low-speed took no action on the bill at that time. ergy efficient transportation alternative. electric bikes would be forced to have Electric bicycles generate no pollu- Any bicycle can be easily converted to an items found on trucks and auto- tion, are virtually silent, and can in- electric bike. mobiles. Such requirements would crease transportation and recreation They can be an effective tool in the fight upset the weight and balance, as well options for millions of citizens. against traffic congestion, parking shortages, as increase the price, of these bicycles. These relatively new products are a noise and air pollution, problems we see in- In turn, this would have a detrimental welcome transportation alternative es- creasing in urban areas across the country.

VerDate 23-FEB-2001 01:20 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\A06MR7.010 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H635 At a time when our country is struggling with quately protect consumers and ensure public nual Report on the Trade Agreements energy shortages, electric bikes are not only safety. Program. energy-efficient, they reduce the consumption Mr. BERMAN. Madam Speaker, I rise in GEORGE W. BUSH. of gasoline. strong support of H.R. 727, legislation that THE WHITE HOUSE, March 6, 2001. Currently, electric bikes are subjected to the gives the Consumer Product Safety Commis- f same standards as motor vehicles and must sion authority to regulate low-speed electric bi- PERIODIC REPORT ON TELE- comply with all of the same safety standards cycles. This common-sense bill had its gen- COMMUNICATIONS PAYMENTS as motor vehicles. esis in a meeting I had several years ago with MADE TO CUBA—MESSAGE FROM This level of regulatory burden is unneces- Dr. Malcolm Currie, president of a company in THE PRESIDENT OF THE UNITED sary and has a dampening effect on the avail- my district called Currie Technologies. Dr. STATES ability of these bicycles. Currie made a convincing case that National Regulation under the Consumer Products Highway Traffic Safety Administration regula- The SPEAKER pro tempore laid be- Safety Commission ensures that bicycles con- tions—which place electric bikes in the same fore the House the following message tinue to meet rigorous safety standards while category as mopeds—were restraining the from the President of the United increasing their availability to consumers. growth of the electric bike industry. He argued States; which was read and, together I am proud to be a co-sponsor of this bill that NHTSA should apply a unique set of safe- with the accompanying papers, without objection, referred to the Committee and encourage my colleagues to vote in favor ty requirements to electric bikes, given the on International Relations: of this legislation. modest speed at which they operate. NHTSA Mr. MOORE. Madam Speaker, I rise today agreed in principle, but had little flexibility to To the Congress of the United States: in support of H.R. 727. This legislation, which make such a distinction in the context of their As required by section 1705(e)(6) of the House unanimously passed last October regulations. After a number of discussions with the Cuban Democracy Act of 1992, as (H.R. 2592) but which the Senate neglected to NHTSA, the Consumer Product Safety Com- amended by section 102(g) of the Cuban consider, will transfer regulatory responsibility mission, Representative LOIS CAPPS, Dr. Liberty and Democratic Solidarity for low-speed electric bicycles from the Na- Currie and other representatives of the electric (LIBERTAD) Act of 1996, Public Law tional Highway Traffic Safety Administration bicycle industry, it became apparent that the 104–114, 110 Stat. 785, 22 U.S.C. (NHTSA) to the Consumer Product Safety best way to deal with this problem was to 6004(e)(6), I transmit herewith a semi- Commission (CPSC), where they would be transfer regulatory jurisdiction from NHTSA to annual report detailing payments made treated as consumer products. During the the CPSC, which already regulates regular to Cuba by United States persons as a 106th Congress, a representative from the human-powered bicycles. H.R. 727 would pro- result of the provision of telecommuni- NHTSA testified to Congress that if the agen- vide for that transfer of regulatory authority. I cations services pursuant to Depart- cy strictly applied its motor vehicle safety reg- commend Mr. STEARNS for introducing this bill ment of the Treasury specific licenses. ulations to electric bicycles, such bikes would and I urge my colleagues to support it. GEORGE W. BUSH. have to include a number of costly safety fea- Mrs. CAPPS. Madam Speaker, I yield THE WHITE HOUSE, March 6, 2001. tures—including headlights, brake lights, turn back the balance of my time. f signals, rearview mirrors and license plates— Mr. STEARNS. Madam Speaker, I RECESS even if the bikes are used in the same manner yield back the balance of my time. The SPEAKER pro tempore. Pursu- as human-powered bicycles. The SPEAKER pro tempore. The ant to clause 12 of rule I, the Chair de- Madam Speaker, I urge my colleagues to question is on the motion offered by clares the House in recess until ap- support this common-sense measure that will the gentleman from Florida (Mr. enhance the role of the CPSC. The Commis- proximately 6 p.m. STEARNS) that the House suspend the Accordingly (at 2 o’clock and 31 min- sion needs to be granted the authority, when rules and pass the bill, H.R. 727. appropriate, to protect consumers and ensure utes p.m.), the House stood in recess The question was taken. until approximately 6 p.m. public safety. Along these lines, I have intro- The SPEAKER pro tempore. In the duced the Children’s Gasoline Burn Preven- opinion of the Chair, two-thirds of f tion Act (H.R. 688), which will enable the those present have voted in the affirm- b 1800 CPSC to require child-proof caps for gasoline ative. AFTER RECESS containers. Mr. STEARNS. Madam Speaker, on The recess having expired, the House Under current law, the CPSC lacks the au- that I demand the yeas and nays. was called to order by the Speaker pro thority to promulgate such regulations, due to The yeas and nays were ordered. tempore (Mr. SHIMKUS) at 6 p.m. the definition of ‘‘package’’ in the Poison Pre- The SPEAKER pro tempore. Pursu- vention Packaging Act. Under that statute, in ant to clause 8 of rule XX and the f order for the CPSC to require a child-proof Chair’s prior announcement, further ANNOUNCEMENT BY THE SPEAKER cap, the package must contain a hazardous proceedings on this motion will be PRO TEMPORE substance at the time of initial sale; therefore, postponed. The SPEAKER pro tempore. Pursu- the CPSC does not have authority to require ant to clause 8 of rule XX, the Chair safety caps for new, empty gas containers. f will now put the question on motions This problem came to my attention due to an b 1430 to suspend the rules on which further incident in Leavenworth, Kansas, in which a proceedings were postponed earlier four year old boy lost his life and his three 2001 TRADE POLICY AGENDA AND today. year old brother was permanently scarred 2000 ANNUAL REPORT ON TRADE Votes will be taken in the following after they opened and spilled a gas can and AGREEMENTS PROGRAM—MES- order: the gasoline vapors ignited a nearby hot water SAGE FROM THE PRESIDENT OF H.R. 724, by the yeas and nays; heater. THE UNITED STATES (H. DOC. H.R. 727, by the yeas and nays. This legislation has been endorsed by the NO. 107–48) The Chair will reduce to 5 minutes American Society of Testing and Materials’ The SPEAKER pro tempore (Mrs. the time for any electronic vote after Task Group of Standards for Flammable Liq- EMERSON) laid before the House the fol- the first such vote in this series. uid Containers, which has been considering lowing message from the President of f establishment of a voluntary standard in this the United States; which was read and, AUTHORIZING APPROPRIATIONS area, working in concert with the CPSC. together with the accompanying pa- Enactment of this simple, common-sense TO CARRY OUT PART B OF pers, without objection, referred to the measure will save the lives of countless young TITLE I OF ENERGY POLICY AND Committee on Ways and Means and or- children, and help to put their parents’ minds CONSERVATION ACT RELATING dered to be printed: at ease with regard to gasoline cans stored in TO STRATEGIC PETROLEUM RE- garages, basements and back porches. To the Congress of the United States: SERVE Madam Speaker, I urge my colleagues to As required by section 163 of the The SPEAKER pro tempore. The support H.R. 727 and the Children’s Gasoline Trade Act of 1974, as amended (19 pending business is the question of sus- Burn Prevention Act. The Consumer Product U.S.C. 2213), I transmit herewith the pending the rules and passing the bill, Safety Commission must be allowed to ade- 2001 Trade Policy Agenda and 2000 An- H.R. 724.

VerDate 23-FEB-2001 02:07 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.008 pfrm02 PsN: H06PT1 H636 CONGRESSIONAL RECORD — HOUSE March 6, 2001 The Clerk read the title of the bill. Millender- Ramstad Spratt AMENDING CONSUMER PRODUCT McDonald Rangel Stark The SPEAKER pro tempore. The Miller (FL) Regula Stearns SAFETY ACT TO PROVIDE THAT question is on the motion offered by Miller, Gary Rehberg Stenholm LOW-SPEED ELECTRIC BICYCLES the gentleman from New Hampshire Miller, George Reyes Strickland ARE CONSUMER PRODUCTS SUB- Mink Reynolds Stump JECT TO SUCH ACT (Mr. Bass) that the House suspend the Mollohan Riley Tancredo rules and pass the bill, H.R. 724, on Moore Rivers Tanner The SPEAKER pro tempore. The which the yeas and nays are ordered. Moran (KS) Rodriguez Tauscher pending business is the question of sus- Moran (VA) Roemer Tauzin The vote was taken by electronic de- Morella Rogers (KY) Taylor (MS) pending the rules and passing the bill, vice, and there were—yeas 400, nays 2, Murtha Rogers (MI) Terry H.R. 727. not voting 30, as follows: Myrick Rohrabacher Thomas The Clerk read the title of the bill. Nadler Ros-Lehtinen Thompson (CA) [Roll No. 26] Napolitano Ross Thompson (MS) The SPEAKER pro tempore. The YEAS—400 Neal Rothman Thornberry question is on the motion offered by Nethercutt Roybal-Allard Thune the gentleman from Florida (Mr. Abercrombie Davis (IL) Hooley Ney Rush Thurman TEARNS Aderholt Davis, Jo Ann Horn Northup Ryan (WI) Tiahrt S ) that the House suspend the Akin Davis, Tom Hostettler Norwood Ryun (KS) Tiberi rules and pass the bill, H.R. 727, on Allen Deal Hoyer Nussle Sabo Tierney which the yeas and nays are ordered. Andrews DeFazio Hulshof Oberstar Sanchez Toomey This is a 5-minute vote. Armey DeGette Hunter Obey Sandlin Towns Baca Delahunt Hutchinson Olver Sawyer Traficant The vote was taken by electronic de- Bachus DeLauro Inslee Ortiz Saxton Turner vice, and there were—yeas 401, nays 1, Baird DeLay Isakson Osborne Scarborough Udall (CO) not voting 30, as follows: Baker DeMint Israel Ose Schaffer Udall (NM) Baldwin Deutsch Issa Otter Schakowsky Upton [Roll No. 27] Ballenger Dicks Istook Owens Schiff Velazquez YEAS—401 Barcia Dingell Jackson (IL) Oxley Schrock Visclosky Barr Doggett Jackson-Lee Pallone Sensenbrenner Vitter Abercrombie Costello Green (TX) Barrett Dooley (TX) Pascrell Serrano Walden Aderholt Cox Green (WI) Bartlett Doolittle Jefferson Pastor Sessions Waters Akin Coyne Greenwood Barton Doyle Jenkins Payne Shadegg Watkins Allen Cramer Grucci Bass Dreier John Pelosi Shaw Watt (NC) Andrews Crane Gutierrez Bentsen Duncan Johnson (CT) Pence Sherman Watts (OK) Armey Crenshaw Gutknecht Bereuter Dunn Johnson (IL) Peterson (MN) Sherwood Waxman Baca Crowley Hall (OH) Berkley Edwards Johnson, E. B. Peterson (PA) Shimkus Weiner Bachus Cubin Hall (TX) Berman Ehlers Johnson, Sam Petri Simmons Weldon (FL) Baird Culberson Hansen Berry Ehrlich Jones (OH) Phelps Simpson Weldon (PA) Baker Cummings Harman Biggert Emerson Kanjorski Pickering Sisisky Weller Baldwin Cunningham Hart Bilirakis Engel Kaptur Pitts Skeen Wexler Ballenger Davis (CA) Hastings (FL) Bishop English Keller Platts Skelton Whitfield Barcia Davis (FL) Hastings (WA) Blagojevich Eshoo Kelly Pombo Smith (MI) Wicker Barr Davis (IL) Hayes Blumenauer Etheridge Kennedy (MN) Pomeroy Smith (NJ) Wilson Barrett Davis, Jo Ann Hayworth Blunt Evans Kerns Portman Smith (TX) Wolf Bartlett Davis, Tom Hefley Boehlert Everett Kildee Price (NC) Smith (WA) Woolsey Barton Deal Herger Boehner Farr Kilpatrick Pryce (OH) Snyder Wu Bass DeFazio Hill Bonilla Fattah Kind (WI) Putnam Solis Wynn Bentsen DeGette Hilliard Bonior Ferguson King (NY) Quinn Souder Young (AK) Bereuter Delahunt Hinchey Bono Filner Kirk Rahall Spence Young (FL) Berkley DeLauro Hinojosa Borski Flake Kleczka Berman DeLay Hobson Boswell Fletcher Knollenberg NAYS—2 Berry DeMint Hoekstra Boucher Foley Kolbe Paul Royce Biggert Deutsch Holden Boyd Ford Kucinich Bilirakis Dicks Holt Brady (PA) Fossella LaFalce NOT VOTING—30 Bishop Dingell Honda Brown (FL) Frank LaHood Blagojevich Doggett Hooley Ackerman Jones (NC) Scott Brown (OH) Frelinghuysen Lampson Blumenauer Dooley Horn Baldacci Kennedy (RI) Shays Brown (SC) Frost Langevin Blunt Doolittle Hostettler Becerra Kingston Shows Bryant Gallegly Lantos Boehlert Doyle Hoyer Brady (TX) Lewis (CA) Slaughter Burr Ganske Largent Boehner Dreier Hulshof Diaz-Balart Lipinski Stupak Burton Gekas Larsen (WA) Bonilla Duncan Hunter Green (WI) Maloney (CT) Sununu Buyer Gephardt Larson (CT) Bono Dunn Hutchinson Hilleary Moakley Sweeney Callahan Gibbons Latham Borski Edwards Inslee Hoeffel Radanovich Taylor (NC) Calvert Gilchrest LaTourette Boswell Ehlers Isakson Houghton Roukema Walsh Camp Gillmor Leach Boucher Ehrlich Israel Hyde Sanders Wamp Cannon Gilman Lee Boyd Emerson Issa Cantor Gonzalez Levin Brady (PA) Engel Istook Capito Goode Lewis (GA) b 1828 Brady (TX) Eshoo Jackson (IL) Capps Goodlatte Lewis (KY) Brown (FL) Etheridge Jackson-Lee Capuano Gordon Linder Mr. ROYCE changed his vote from Brown (OH) Evans (TX) Cardin Goss LoBiondo ‘‘yea’’ to ‘‘nay.’’ Brown (SC) Everett Jefferson Carson (IN) Graham Lofgren So (two-thirds having voted in favor Bryant Farr Jenkins Carson (OK) Granger Lowey thereof) the rules were suspended and Burr Fattah John Castle Graves Lucas (KY) Burton Ferguson Johnson (CT) Chabot Green (TX) Lucas (OK) the bill was passed. Buyer Filner Johnson (IL) Chambliss Greenwood Luther The result of the vote was announced Callahan Flake Johnson, E. B. Clay Grucci Maloney (NY) as above recorded. Calvert Fletcher Johnson, Sam Clayton Gutierrez Manzullo Camp Foley Jones (OH) Clement Gutknecht Markey A motion to reconsider was laid on Cannon Ford Kanjorski Clyburn Hall (OH) Mascara the table. Cantor Fossella Kaptur Coble Hall (TX) Matheson Capito Frank Keller Collins Hansen Matsui f Capps Frelinghuysen Kelly Combest Harman McCarthy (MO) Capuano Frost Kennedy (MN) Condit Hart McCarthy (NY) ANNOUNCEMENT BY THE SPEAKER Cardin Gallegly Kerns Conyers Hastings (FL) McCollum Carson (IN) Ganske Kildee Cooksey Hastings (WA) McCrery PRO TEMPORE Carson (OK) Gekas Kilpatrick Costello Hayes McDermott The SPEAKER pro tempore (Mr. Castle Gephardt Kind (WI) Cox Hayworth McGovern Chabot Gibbons King (NY) Coyne Hefley McHugh SHIMKUS). Pursuant to the provisions Chambliss Gilchrest Kirk Cramer Herger McInnis of clause 8 of rule XX, the Chair an- Clay Gillmor Kleczka Crane Hill McIntyre nounces that he will reduce to a min- Clayton Gilman Knollenberg Crenshaw Hilliard McKeon Clement Gonzalez Kolbe Crowley Hinchey McKinney imum of 5 minutes the period of time Clyburn Goode Kucinich Cubin Hinojosa McNulty within which a vote by electronic de- Coble Goodlatte LaFalce Culberson Hobson Meehan vice may be taken on the additional Collins Gordon LaHood Cummings Hoekstra Meek (FL) motion to suspend the rules on which Combest Goss Lampson Cunningham Holden Meeks (NY) Condit Graham Langevin Davis (CA) Holt Menendez the Chair has postponed further pro- Conyers Granger Lantos Davis (FL) Honda Mica ceedings. Cooksey Graves Largent

VerDate 23-FEB-2001 01:20 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.024 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H637 Larsen (WA) Otter Simpson ELECTION OF MEMBERS TO COM- (Rept. No. 107–9) on the resolution (H. Larson (CT) Owens Sisisky Latham Oxley Skeen MITTEE ON STANDARDS OF OF- Res. 79) providing for consideration of LaTourette Pallone Skelton FICIAL CONDUCT the Senate joint resolution (S.J. Res. 6) Leach Pascrell Smith (MI) Mr. LINDER. Mr. Speaker, I offer a providing for congressional disapproval Lee Pastor Smith (NJ) of the rule submitted by the Depart- Levin Payne Smith (TX) resolution (H. Res. 76) and ask unani- Lewis (GA) Pelosi Smith (WA) mous consent for its immediate consid- ment of Labor under chapter 8 of title Lewis (KY) Pence Snyder eration in the House. 5, United States Code, relating to Linder Peterson (MN) Solis ergonomics, which was referred to the LoBiondo Peterson (PA) Souder The SPEAKER pro tempore (Mr. Lofgren Petri Spence SHIMKUS). The Clerk will report the House Calendar and ordered to be Lowey Phelps Spratt resolution. printed. Lucas (KY) Pickering Stark f Lucas (OK) Pitts Stearns The Clerk read as follows: Luther Platts Stenholm H. RES. 76 TRIBUTE TO SERVICE MEMBERS Maloney (NY) Pombo Strickland Resolved, That the following named Mem- LOST IN PLANE CRASH OF SAT- Manzullo Pomeroy Stump Markey Portman Tancredo bers be, and are hereby, elected to the fol- URDAY, MARCH 3, 2001 lowing standing committee of the House of Mascara Price (NC) Tanner (Mr. PUTNAM asked and was given Matheson Pryce (OH) Tauscher Representatives: Matsui Putnam Tauzin Committee on Standards of Official Con- permission to address the House for 1 McCarthy (MO) Quinn Taylor (MS) duct: Mr. Portman, Mr. Hastings of Wash- minute and to revise and extend his re- McCarthy (NY) Radanovich Terry ington, Mr. Hutchinson and Mrs. Biggert. marks.) McCollum Rahall Thomas Mr. PUTNAM. Mr. Speaker, I rise McCrery Ramstad Thompson (CA) The SPEAKER pro tempore. Is there McDermott Rangel Thompson (MS) objection to the request of the gen- today to pay tribute to three members McGovern Regula Thornberry tleman from Georgia? of Detachment 1, First Battalion, 171st McHugh Rehberg Thune Aviation Unit, Florida Army National McInnis Reyes Thurman There was no objection. McIntyre Reynolds Tiahrt The resolution was agreed to. Guard: Chief Warrant Officer John McKeon Riley Tiberi A motion to reconsider was laid on Duce; Chief Warrant Officer Eric McKinney Rivers Tierney the table. Larson; Staff Sergeant Robert Ward, McNulty Rodriguez Toomey Jr. and to 18 members of the Virginia Meehan Roemer Towns f Meek (FL) Rogers (KY) Traficant Air National Guard’s 203rd Red Horse Meeks (NY) Rogers (MI) Turner ELECTION OF MEMBERS TO COM- Flight who were lost in a tragic air- Menendez Rohrabacher Udall (CO) MITTEE ON STANDARDS OF OF- plane crash on Saturday, March 3. The Mica Ros-Lehtinen Udall (NM) FICIAL CONDUCT Millender- Ross Upton 171st Aviation is based at the Florida McDonald Rothman Velazquez Mr. FROST. Mr. Speaker, I offer a Air National Guard base at Lakeland- Miller (FL) Roybal-Allard Visclosky resolution (H. Res. 77) and I ask unani- Linder Regional Airport in my district, Miller, Gary Royce Vitter and Staff Sergeant Ward and his family Miller, George Rush Walden mous consent for its immediate consid- Mink Ryan (WI) Waters eration in the House. are constituents of mine. I am sure I Mollohan Ryun (KS) Watkins The SPEAKER pro tempore. The speak for all in this Chamber when I Moran (KS) Sabo Watt (NC) say that we join these 21 families in Moran (VA) Sanchez Watts (OK) Clerk will report the resolution. Morella Sandlin Waxman The Clerk read as follows: grieving for the loss of their loved Murtha Sawyer Weiner H. RES. 77 ones. Myrick Saxton Weldon (FL) As members of the National Guard, Resolved, That the following named Mem- Nadler Scarborough Weldon (PA) Chief Warrant Officer Duce, Chief War- Napolitano Schaffer Weller bers be, and are hereby, elected to the fol- Neal Schakowsky Wexler lowing standing committee of the House of rant Officer Larson and Staff Sergeant Nethercutt Schiff Whitfield Representatives: Ward were citizen-soldiers and part of a Ney Schrock Wicker Committee on Standards of Official Con- great American military tradition that Northup Sensenbrenner Wilson duct: Mr. Sabo of Minnesota, Mr. Pastor of Norwood Serrano Wolf began at Lexington and Concord and Nussle Sessions Woolsey Arizona, Ms. Lofgren of California. continues to be a central part of our Oberstar Shadegg Wu The SPEAKER pro tempore. Is there Armed Forces. They were not deployed Obey Shaw Wynn objection to the request of the gen- on a distant shore. They were not fac- Olver Sherman Young (AK) Ortiz Sherwood Young (FL) tleman from Texas? ing a foreign foe. But they were still Osborne Shimkus There was no objection. defending our freedoms, our families Ose Simmons The resolution was agreed to. and our homes. We must never forget NAYS—1 A motion to reconsider was laid on what risks our defenders assume each Paul the table. and every day. For their service to our country, we NOT VOTING—30 f honor the sacrifice of Chief Warrant Of- Ackerman Jones (NC) Scott REPORT ON RESOLUTION PRO- ficer John Duce, Chief Warrant Officer Baldacci Kennedy (RI) Shays VIDING FOR CONSIDERATION OF Becerra Kingston Shows Eric Larson, Staff Sergeant Robert Bonior Lewis (CA) Slaughter MOTIONS TO SUSPEND THE Ward, Jr., and the 18 members of the Diaz-Balart Lipinski Stupak RULES 203rd Red Horse Flight who were lost English Maloney (CT) Sununu Hilleary Moakley Sweeney Mr. LINDER, from the Committee on last Saturday, and we offer such com- Hoeffel Moore Taylor (NC) Rules, submitted a privileged report fort as we may to their families. May Houghton Roukema Walsh (Rept. No. 107–8) on the resolution (H. God bless them and may God bless the Hyde Sanders Wamp Res. 78) providing for consideration of great Nation they served. b 1839 motions to suspend the rules, which f So (two-thirds having voted in favor was referred to the House Calendar and ordered to be printed. INTRODUCTION OF MEDICAID thereof) the rules were suspended and SAFETY NET HOSPITAL PRESER- the bill was passed. f VATION ACT OF 2001 The result of the vote was announced REPORT ON RESOLUTION PRO- (Mr. WHITFIELD asked and was as above recorded. VIDING FOR CONSIDERATION OF A motion to reconsider was laid on given permission to address the House SENATE JOINT RESOLUTION 6, the table. for 1 minute and to revise and extend PROVIDING FOR CONGRESSIONAL f his remarks.) DISAPPROVAL OF THE RULE Mr. WHITFIELD. Mr. Speaker, I am PERSONAL EXPLANATION SUBMITTED BY THE DEPART- pleased to announce that the gentle- Ms. SLAUGHTER. Mr. Speaker, I was un- MENT OF LABOR RELATING TO woman from Colorado (Ms. DEGETTE) avoidably detained and missed rollcall votes ERGONOMICS and I have introduced the Medicaid 26 and 27. Had I been present, I would have Mr. LINDER, from the Committee on Safety Net Hospital Preservation Act voted ‘‘yea’’ on both votes. Rules, submitted a privileged report of 2001. The Medicaid disproportionate

VerDate 23-FEB-2001 01:20 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.013 pfrm02 PsN: H06PT1 H638 CONGRESSIONAL RECORD — HOUSE March 6, 2001 share program provides funding for Mr. CULBERSON. Mr. Speaker, I rise areas of southern Sudan. The Khartoum gov- hospital uncompensated care. Pay- tonight very briefly to pay tribute to ernment has said it will lease two more this ments are made through the Medicaid the memory and spirit of 182 brave year. China’s state-owned oil business, Chi- program and the costs are financed Americans and Tejanos who, on this nese National Petroleum Company (CNPC), and the private Canadian firm, Calgary- with a combination of Federal and date March 6, 1836 at sunrise this morn- based Talisman Energy, Inc., are the largest State dollars. The amount of money ing, the garrison of the Alamo fell in participants in Sudan’s fledgling oil trade. that any State can spend on indigent Texas and but for the sacrifice of those They expect south Sudan’s oilfields to double care through the Medicaid DSH pro- 182 brave citizens of Texas and Mexico their daily output for export—currently at gram is limited by the caps imposed by who decided to stay and fight the army 85,000 barrels—by 2005. During that time the Federal Government. of a dictator, many of the liberties that Sudan likely will build another oil pipeline, The 1997 Balanced Budget Act af- we enjoy today might not be present. probably east to Ethiopia and through terri- fected hospitals to a far greater degree Much of the Western United States tory currently held by rebels. Smaller European oil companies, along than was ever anticipated by Congress. might not be a part of the United with Malaysia’s Petronas, also have oil oper- Rural hospitals have been hardest hit States today. ations in south and southwest Sudan. Last and are struggling to remain finan- Mr. Speaker, I just want to say here month Sudan signed a memorandum of un- cially solvent. In the closing days of how much we in Texas and I as a Mem- derstanding with Russia, opening its way to the 106th Congress, we passed the Bene- ber of Congress appreciate the sacrifice exporting oil via the Red Sea. ficiary Improvement and Protection of those 182 brave Americans and You don’t have to tell Americans—at least Act which stopped further reductions Tejanos who chose to stay and fight at those who remember gas-ration lines—that in Medicaid DSH spending in fiscal oil politics come only in high-test. With the Alamo, and I just want to say God Sudan it is no different. The companies al- year 2001 and fiscal year 2002. Even bless each and every one of them and ready on the ground have made big invest- though we froze further cuts in those God bless this great Nation. ments to break in, and they want to protect years, the law reinstates the full Bal- f their holdings. So China’s petroleum firm re- anced Budget Act reduction for most portedly purchased a high-tech radar system States in fiscal year 2003. Last year’s CONGRESS AND ADMINISTRATION for the government last year. It was in- legislation secured only a temporary FAIL TO SPEAK OUT REGARDING stalled last summer, and since then govern- reprieve. CHRISTIAN PERSECUTION IN ment bombing raids against southern targets Therefore, the act that we have in- SUDAN (mostly churches and humanitarian relief troduced will eliminate any further re- operations) have increased—the UN, private (Mr. WOLF asked and was given per- humanitarian agencies, local churches, and ductions in the program for fiscal year mission to address the House for 1 village leaders have confirmed 152 air at- 2003. minute and to revise and extend his re- tacks last year. Talisman Energy opened to f marks.) government forces an airstrip that it built near its oil concession. To compensate, Tal- b 1845 Mr. WOLF. Madam Speaker, in Sudan 2.2 million people have died, isman posts a special page on its website for TRIBUTE TO LEO FRIGO mainly Christians, who have been per- ‘‘Sudan Operating Principles,’’ including in- formation about its efforts to enact a ‘‘code (Mr. GREEN of Wisconsin asked and secuted by the north. There is slavery of ethics’’ for operating in a war zone. was given permission to address the in Sudan today in the year 2001. Meanwhile, the UN reports that this year House for 1 minute and to revise and Now the oil companies are going into nearly 40,000 people have been displaced from extend his remarks.) the Sudan, some traded on the New these oil regions. ‘‘The oil-rich area of Sudan Mr. GREEN of Wisconsin. Mr. Speak- York Stock Exchange. An article in has seen a great deal of population displace- er, briefly I wish to talk tonight about World Magazine by Mindy Belz says the ment and in fact is currently one of the most a friend of mine by the name of Leo following: insecure areas in Sudan,’’ said Nicholas Frigo who died tragically 1 month ago. ‘‘China’s petroleum firm reportedly Siwingwa, deputy country director of the It is impossible to sum up his life and UN’s World Food Program. He said nearly a purchased a high tech radar system for third of those forced out of the area are mal- his contributions in a minute. The peo- the government last year. It was in- nourished. Most have lost their homes and ple of Northeastern Wisconsin know stalled last summer, and since then holdings permanently because they were that he founded Paul’s Pantry in 1983 government bombing raids against burned to the ground by government forces. after retiring as the President of Frigo southern targets, mostly churches and The report was a concession to private hu- Cheese. From its humble beginnings, humanitarian relief operations, have manitarian groups. U.S. Committee for Refu- this food kitchen now distributes over increased. The U.N. private humani- gees director Roger Winter had earlier chal- 300,000 pounds of unsalable food to the tarian agencies, local churches and vil- lenged the UN agency to ‘‘make clear that poor each and every month. The food ethnic cleansing linked to oil development in lage leaders have confirmed the 152 air southern Sudan is causing massive civilian comes from area stores and res- attacks.’’ displacement.’’ But Mr. Siwingwa would only taurants. Oil money listed on the New York acknowledge that it was ‘‘possible’’ oil devel- When Leo began his operation, he Stock Exchange buying radar so they opment was contributing to the further hor- would approach restaurants and stores can kill Christians, and this Congress rors of war. asking for their unsalable food. They and this administration is not speaking f denied him. They thought he was out? SPECIAL ORDERS crazy. So he began raiding their [From the World Magazine, Mar. 10, 2001] Dumpsters until they were so embar- The SPEAKER pro tempore (Mr. BLOOD FOR OIL rassed they had to listen to him. SHIMKUS). Under the Speaker’s an- Leo Frigo, when he retired from (By Mindy Belz) nounced policy of January 3, 2001, and Frigo Cheese, could have enjoyed the Divisions among Sudan’s Islamic factions under a previous order of the House, easy life. He could have rested on his could weaken the regime, but, in the mean- the following Members will be recog- time, oil companies are strengthening Presi- laurels and his good fortune. Instead he dent Omar el-Bashir’s ability to wage war. nized for 5 minutes each. chose to be a true compassionate con- Overseas oil consortiums began pumping f servative and to serve his fellow man. I oil from south-central Sudan in 1999. Farther THE DEVIL IS OFTENTIMES IN will miss him as a friend and all of us east, they rapidly explored another oil re- THE DETAILS will miss him as a great and wonderful gion and expect to begin yielding oil exports leader. soon. The new trade brings in over $400 mil- The SPEAKER pro tempore. Under a lion in revenue for Khartoum, more than f previous order of the House, the gen- enough to finance the war it has waged tleman from Illinois (Mr. DAVIS) is rec- TRIBUTE TO THE 182 WHO STAYED against south Sudan for nearly 18 years. Ex- ognized for 5 minutes. AND FOUGHT ON MARCH 6, 1836 perts say one of the reasons that war has Mr. DAVIS of Illinois. Mr. Speaker, been so protracted is that the government (Mr. CULBERSON asked and was has not had enough resources to do battle last week I sat in the Chambers, along given permission to address the House competently—until now. with all of the rest of us, and listened for 1 minute and to revise and extend Overseas companies currently operate in to a great speech. As a matter of fact, his remarks.) three oil concessions, all falling in contested as the President outlined his plans for

VerDate 23-FEB-2001 02:19 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.030 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H639 the coming 4 years, talked about his So, Mr. Speaker, I am afraid that the measure, shall include a summary of the budget for the next year, there was a more we look at the details, the more major provisions of the legislation, an expla- great deal of applause. I applauded, we are going to find the devil. I would nation of the relationship of the measure to along with everybody else; perhaps not just hope that the budget will end up present law, and a summary of the need for the legislation. as much as some and perhaps more not a devilish budget but a budget that (3) The agenda and materials required than others. All the while I was ap- really reflects the needs, hopes and as- under this subsection shall be provided to plauding, I was being reminded of pirations of all the American people. each member of the Committee at least something that my mother used to tell f three calendar days before the time of the us, and that is the devil is oftentimes meeting where the measure or matter to be PUBLICATION OF THE RULES OF in the details. I knew that we were not considered was not approved for full Com- THE COMMITTEE ON FINANCIAL getting very many details and I did not mittee consideration by a subcommittee of SERVICES, 107TH CONGRESS jurisdiction. know that we would find the devil. The SPEAKER pro tempore. Under a (4) The provisions of this subsection may Then after I left and went home and be waived by a two-thirds vote of the Com- started to read the speech and then the previous order of the House, the gen- mittee, or by the Chair with the concurrence next day when the budget was released, tleman from Ohio (Mr. OXLEY) is recog- of the ranking minority member. I started looking at the things that the nized for 5 minutes. RULE 3. MEETING AND HEARING PROCEDURES President did not tell us. President Mr. OXLEY. Mr. Speaker, pursuant to In general clause 2(a)(2) of Rule XI of the Rules of the Bush did not tell us that 42.6 percent of (a)(1) Meetings and hearings of the Com- his tax cut proposal would benefit the House of Representatives, the Committee on mittee shall be called to order and presided top 1 percent of our population or that Financial Services reports that it adopted the over by the Chair or, in the Chair’s absence, 59.4 percent would benefit the top 10 following rules for the 107th Congress on Feb- by the member designated by the Chair as percent and only 12.6 percent would go ruary 14, 2001, and submits such rules for the Vice Chair of the Committee, or by the to the lowest 60 percent of the tax- publication in the CONGRESSIONAL RECORD: ranking majority member of the Committee payers. RULES OF THE COMMITTEE ON FINANCIAL present as Acting Chair. (2) Meetings and hearings of the committee It seems to me that this leaves a lot SERVICES shall be open to the public unless closed in of children and families behind. As a RULE 1. GENERAL PROVISIONS accordance with clause 2(g) of rule XI of the matter of fact, it leaves them out alto- (a) The rules of the House are the rules of Rules of the House. gether. If the $25,000 a year waitress the Committee on Financial Services (here- (3) Any meeting or hearing of the Com- that President Bush talked about has inafter in these rules referred to as the mittee that is open to the public shall be two children and child-care expenses of ‘‘Committee’’) and its subcommittees so far open to coverage by television broadcast, $200 a month, she does not pay any as applicable, except that a motion to recess radio broadcast, and still photography in ac- Federal income tax; therefore, would from day to day, and a motion to dispense cordance with the provisions of clause 4 of with the first reading (in full) of a bill or res- get nothing from the Bush proposal. rule XI of the Rules of the House (which are olution, if printed copies are available, are incorporated by reference as part of these Yet she has to continue to pay her pay- privileged motions in the Committee and rules). Operation and use of any Committee roll taxes like everybody else. shall be considered without debate. A pro- operated broadcast system shall be fair and The budget that the President has re- posed investigative or oversight report shall nonpartisan and in accordance with clause leased raised some other issues and be considered as read if it has been available 4(b) of rule XI and all other applicable rules concerns for me. This budget raises a to the members of the Committee for at of the Committee and the House. number of policy issues because it is least 24 hours (excluding Saturdays, Sun- (4) Opening statements by members at the based on a $2 trillion surplus projection days, or legal holidays except when the beginning of any hearing or meeting of the House is in session on such day). for the next 10 years, which leaves no Committee shall be limited to 5 minutes (b) Each subcommittee is a part of the each for the Chairman or ranking minority money to address future needs for pre- Committee, and is subject to the authority member, or their respective designee, and 3 scription drug benefits, establishing and direction of the Committee and to its minutes each for all other members. Social Security and Medicare reforms, rules so far as applicable. (5) No person, other than a Member of Con- improving the education of our chil- (c) The provisions of clause 2 of rule XI of gress, Committee staff, or an employee of a dren and continuation of reducing the the Rules of the House are incorporated by Member when that Member has an amend- national debt. reference as the rules of the Committee to ment under consideration, may stand in or The President’s tax cut proposals the extent applicable. be seated at the rostrum area of the Com- would provide no benefit to nearly one RULE 2. MEETINGS mittee rooms unless the Chair determines out of every three families. Then as I Calling of meetings otherwise. started to look at the budget, and I (a)(1) The Committee shall regularly meet Quorum looked at the small business budget on the first Tuesday of each month when the (b)(1) For the purpose of taking testimony which fuels the economy, over the last House is in session. and receiving evidence, two members of the Committee shall constitute a quorum. decade we have experienced a tremen- (2) A regular meeting of the Committee may be dispensed with if, in the judgment of (2) A majority of the members of the Com- dous growth, unprecedented in our his- the Chairman of the Committee (hereinafter mittee shall constitute a quorum for the pur- tory, and yet the President announced in these rules referred to as the ‘‘Chair’’), poses of reporting any measure or matter, of a budget that cuts the Small Business there is no need for the meeting. authorizing a subpoena, of closing a meeting Administration’s budget from $900 mil- (3) Additional regular meetings and hear- or hearing pursuant to clause 2(g) of rule XI lion to $540 million. This represents a ings of the Committee may be called by the of the rules of the House (except as provided 43 percent cut. Chair, in accordance with clause 2(g)(3) of in clause 2(g)(2)(A) and (B)) or of releasing The Bush plan also imposes $12 mil- rule XI of the rules of the House. executive session material pursuant to lion in new fees on small businesses (4) Special meetings shall be called and clause 2(k)(7) of rule XI of the rules of the convened by the Chair as provided in clause House. that use small business development 2(c)(2) of rule XI of the Rules of the House. (3) For the purpose of taking any action centers, which provide management Notice for meetings other than those specified in paragraph (2) and technical assistance to current and one-third of the members of the Committee (b)(1) The Chair shall notify each member shall constitute a quorum. prospective small business owners. of the Committee of the agenda of each reg- We talked a great deal about new ular meeting of the Committee at least two Voting markets and venture capital. The calendar days before the time of the meet- (c)(1) No vote may be conducted on any President’s budget proposes no funding ing. measure or matter pending before the Com- for these programs. The 7A General (2) The Chair shall provide to each member mittee unless the requisite number of mem- Business Loan Program, the Presi- of the Committee, at least two calendar days bers of the Committee is actually present for dent’s budget cuts it by $4.3 billion. before the time of each regular meeting for such purpose. After looking at all of these cuts that each measure or matter on the agenda a (2) A record vote of the Committee shall be I did not hear about when the speech copy of— provided on any question before the Com- (A) the measure or materials relating to mittee upon the request of one-fifth of the was given, or when we knew that a the matter in question; and members present. budget was coming, now I know that (B) an explanation of the measure or mat- (3) No vote by any member of the Com- the budget is risky; it is unfair to ter to be considered, which, in the case of an mittee on any measure or matter may be working families. explanation of a bill, resolution, or similar cast by proxy.

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.033 pfrm02 PsN: H06PT1 H640 CONGRESSIONAL RECORD — HOUSE March 6, 2001 (4) In accordance with clause 2(e)(1)(B) of ing any period for which the House has ad- (b) The Chair of the Committee shall re- rule XI, a record of the vote of each Member journed for a period in excess of 3 days when, port or cause to be reported promptly to the of the Committee on each record vote on any in the opinion of the Chair, authorization House any measure approved by the Com- measure or matter before the Committee and issuance of the subpoena is necessary to mittee and take necessary steps to bring a shall be available for public inspection at the obtain the material or testimony set forth in matter to a vote. offices of the Committee, and, with respect the subpoena. The Chair shall report to the (c) The report of the Committee on a meas- to any record vote on any motion to report members of the Committee on the authoriza- ure which has been approved by the Com- or on any amendment, shall be included in tion and issuance of a subpoena during the mittee shall be filed within seven calendar the report of the Committee showing the recess period as soon as practicable but in no days (exclusive of days on which the House is total number of votes cast for and against event later than one week after service of not in session) after the day on which there and the names of those members voting for such subpoena. has been filed with the clerk of the Com- and against. (3) Authorized subpoenas shall be signed by mittee a written request, signed by a major- Hearing procedures the Chair or by any member designated by ity of the members of the Committee, for the the Committee, and may be served by any (d)(1)(A) The Chair shall make public an- reporting of that measure pursuant to the person designated by the Chair or such mem- nouncement of the date, place, and subject provisions of clause 2(b)(2) of rule XIII of the ber. matter of any committee hearing at least Rules of the House. (4) The Chair, or any member of the Com- (d) All reports printed by the Committee one week before the commencement of the mittee designated by the Chair, may admin- hearing, unless the Chair, with the concur- pursuant to a legislative study or investiga- ister oaths to witnesses before the Com- tion and not approved by a majority vote of rence of the ranking minority member, or mittee. the Committee by majority vote with a the Committee shall contain the following Special procedures quorum present for the transaction of busi- disclaimer on the cover of such report: ‘‘This ness, determines there is good cause to begin (f)(1)(A) Commemorative medals and report has not been officially adopted by the the hearing sooner, in which case the Chair coins.—It shall not be in order for the Sub- Committee on Financial Services and may shall make the announcement at the earliest committee on Domestic Monetary Policy, not necessarily reflect the views of its Mem- possible date. Technology, and Economic Growth to hold a bers.’’ (B) Not less than three days before the hearing on any commemorative medal or RULE 5. SUBCOMMITTEES commencement of a hearing announced commemorative coin legislation unless the Establishment and responsibilities of under this paragraph, the Chair shall provide legislation is cosponsored by at least two- subcommittees thirds of the members of the House and has to the members of the committee a concise (a)(1) There shall be 6 subcommittees of summary of the subject of the hearing, or, in been recommended by the U.S. Mint’s Citi- zens Commemorative Coin Advisory Com- the Committee as follows: the case of a hearing on a measure or mat- (A) Subcommittee on Capital Markets, In- ter, a copy of the measure or materials relat- mittee in the case of a commemorative coin. (B) It shall not be in order for the sub- surance, and Government Sponsored Enter- ing to the matter in question and a concise prises.—The jurisdiction of the Sub- explanation of the measure or matter to be committee to approve a bill or measure au- thorizing commemorative coins for consider- committee on Capital Markets, Insurance, considered. and Government Sponsored Enterprises in- (2) To the greatest extent practicable— ation by the full Committee which does not conform with the mintage restrictions estab- cludes— (A) each witness who is to appear before (i) securities, exchanges, and finance; the Committee shall file with the committee lished by section 5112 of title 31, United States Code. (ii) capital markets activities; two business days in advance of the appear- (iii) activities involving futures, forwards, ance sufficient copies (including a copy in (C) In considering legislation authorizing Congressional gold medals, the sub- options, and other types of derivative instru- electronic form), as determined by the Chair, ments; of a written statement of proposed testi- committee shall apply the following stand- ards— (iv) secondary market organizations for mony and shall limit the oral presentation home mortgages including the Federal Na- to the Committee to brief summary thereof; (i) the recipient shall be a natural person; (ii) the recipient shall have performed an tional Mortgage Association, the Federal and achievement that has an impact on Amer- Home Loan Mortgage Corporation, and the (B) each witness appearing in a non-gov- ican history and culture that is likely to be Federal Agricultural Mortgage Corporation; ernmental capacity shall include with the recognized as a major achievement in the re- (v) the Office of Federal Housing Enter- written statement of proposed testimony a cipient’s field long after the achievement; prise Oversight; curriculum vitae and a disclosure of the (iii) the recipient shall not have received a (vi) the Federal Home Loan Banks; and amount and source (by agency and program) medal previously for the same or substan- (vii) insurance generally. of any Federal grant (or subgrant thereof) or tially the same achievement; (B) Subcommittee on Domestic Monetary contract (or subcontract thereof) received (iv) the recipient shall be living or, if de- Policy, Technology, and Economic Growth.— during the current fiscal year or either of ceased, shall have been deceased for not less The jurisdiction of the Subcommittee on Do- the two preceding fiscal years. than 5 years and not more than 25 years; mestic Monetary Policy, Technology, and (3) The requirements of paragraph (2)(A) (v) the achievements were performed in the Economic Growth includes— may be modified or waived by the Chair recipient’s field of endeavor, and represent (i) financial aid to all sectors and elements when the Chair determines it to be in the either a lifetime of continuous superior within the economy; best interest of the Committee. achievements or a single achievement so sig- (ii) economic growth and stabilization; (4) The five-minute rule shall be observed nificant that the recipient is recognized and (iii) defense production matters as con- in the interrogation of witnesses before the acclaimed by others in the same field, as evi- tained in the Defense Production Act of 1950, Committee until each member of the Com- denced by the recipient having received the as amended; mittee has had an opportunity to question highest honors in the field. (iv) domestic monetary policy, and agen- the witnesses. No member shall be recog- (2) Testimony of certain officials.— cies which directly or indirectly affect do- nized for a second period of 5 minutes to in- (A) Notwithstanding subsection (a)(4), mestic monetary policy, including the effect terrogate witnesses until each member of the when the Chair announces a hearing of the of such policy and other financial actions on Committee present has been recognized once Committee for the purpose of receiving— interest rates, the allocation of credit, and for that purpose. (i) testimony from the Chairman of the the structure and functioning of domestic fi- (5) Whenever any hearing is conducted by Federal Reserve Board pursuant to section nancial institutions; the committee on any measure or matter, 2B of the Federal Reserve Act (12 U.S.C. 221 (v) coins, coinage, currency, and medals, the minority party members of the Com- et seq.), or including commemorative coins and medals, mittee shall be entitled, upon the request of (ii) testimony from the Chairman of the proof and mint sets and other special coins, a majority of them before the completion of Federal Reserve Board or a member of the the Coinage Act of 1965, gold and silver, in- the hearing, to call witnesses with respect to President’s cabinet at the invitation of the cluding the coinage thereof (but not the par that measure or matter during at least one Chair, the Chair may, in consultation with value of gold), gold medals, counterfeiting, day of hearing thereon. the ranking minority member, limit the currency denominations and design, the dis- Subpoenas and oaths number and duration of opening statements tribution of coins, and the operations of the (e)(1) Pursuant to clause 2(m) of rule XI of to be delivered at such hearing. The limita- Bureau of the Mint and the Bureau of En- the Rules, a subpoena may be authorized and tion shall be included in the announcement graving and Printing; and issued by the Committee or a subcommittee made pursuant to subsection (d)(1)(A), and (vi) development of new or alternative in the conduct of any investigation or series shall provide that the opening statements of forms of currency. of investigations or activities, only when au- all members of the Committee shall be made (C) Subcommittee on Financial Institu- thorized by a majority of the members vot- a part of the hearing record. tions and Consumer Credit.—The jurisdiction ing, a majority being present, or pursuant to RULE 4. PROCEDURES FOR REPORTING MEASURES of the Subcommittee on Financial Institu- paragraph (2). OR MATTERS tions and Consumer Credit includes— (2) The Chair, with the concurrence of the (a) No measure or matter shall be reported (i) all agencies, including the Office of the ranking minority member, may authorize from the Committee unless a majority of the Comptroller of the Currency, the Federal De- and issue subpoenas under such clause dur- Committee is actually present. posit Insurance Corporation, the Board of

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.019 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H641 Governors of the Federal Reserve System (iii) the International Monetary Fund, its jority caucus and 22 elected by the minority and the Federal Reserve System, the Office permanent and temporary agencies, and all caucus. of the Thrift Supervision, and the National matters related thereto; and (D) The Subcommittee on Housing and Credit Union Administration, which directly (iv) international investment policies, both Community Opportunity shall be comprised or indirectly exercise supervisory or regu- as they relate to United States investments of 26 members, 14 elected by the majority latory authority in connection with, or pro- for trade purposes by citizens of the United caucus and 12 elected by the minority cau- vide deposit insurance for, financial institu- States and investments made by all foreign cus. tions, and the establishment of interest rate entities in the United States; (E) The Subcommittee on International ceilings on deposits; (F) Subcommittee on Oversight and Inves- Monetary Policy and Trade shall be com- (ii) the chartering, branching, merger, ac- tigations.—The jurisdiction of the Sub- prised of 26 members, 14 elected by the ma- quisition, consolidation, or conversion of fi- committee on Oversight and Investigations jority caucus and 12 elected by the minority nancial institutions; includes— caucus. (iii) consumer credit, including the provi- (i) the oversight of all agencies, depart- (F) The Subcommittee on Oversight and sion of consumer credit by insurance compa- ments, programs, and matters within the ju- Investigations shall be comprised of 20 mem- nies, and further including those matters in risdiction of the Committee, including the bers, 11 elected by the majority caucus and 9 the Consumer Credit Protection Act dealing development of recommendations with re- elected by the minority caucus. with truth in lending, extortionate credit gard to the necessity or desirability of enact- Subcommittee meetings and hearings transactions, restrictions on garnishments, ing, changing, or repealing any legislation fair credit reporting and the use of credit in- within the jurisdiction of the Committee, (d)(1) Each subcommittee of the Com- formation by credit bureaus and credit pro- and for conducting investigations within mittee is authorized to meet, hold hearings, viders, equal credit opportunity, debt collec- such jurisdiction; and receive testimony, mark up legislation, and tion practices, and electronic funds trans- (ii) research and analysis regarding mat- report to the full Committee on any measure fers; ters within the jurisdiction of the Com- or matter referred to it, consistent with sub- (iv) creditor remedies and debtor defenses, mittee, including the impact or probable im- section (a). Federal aspects of the Uniform Consumer pact of tax policies affecting matters within (2) No subcommittee of the Committee Credit Code, credit and debit cards and the the jurisdiction of the Committee. may meet or hold a hearing at the same time preemption of State usury laws; (2) In addition, each such subcommittee as a meeting or hearing of the Committee. (v) consumer access to financial services, shall have specific responsibility for such (3) The chair of each subcommittee shall including the Home Mortgage Disclosure Act other measures or matters as the Chair re- set hearing and meeting dates only with the and the Community Reinvestment Act; fers to it. approval of the Chair with a view toward as- (vi) the terms and rules of disclosure of fi- (3) Each subcommittee of the Committee suring the availability of meeting rooms and nancial services, including the advertise- shall review and study, on a continuing avoiding simultaneous scheduling of Com- ment, promotion and pricing of financial basis, the application, administration, exe- mittee and subcommittee meetings or hear- services, and availability of government cution, and effectiveness of those laws, or ings. check cashing services; parts of laws, the subject matter of which is (vii) deposit insurance; and Effect of a vacancy (viii) consumer access to savings accounts within its general responsibility. (e) Any vacancy in the membership of a and checking accounts in financial institu- Referral of measures and matters to subcommittee shall not affect the power of tions, including lifeline banking and other subcommittees the remaining members to execute the func- consumer accounts. (b)(1) The Chair shall regularly refer to one tions of the subcommittee as long as the re- (D) Subcommittee on Housing and Commu- or more subcommittees such measures and quired quorum is present. nity Opportunity.—The jurisdiction of the matters as the Chair deems appropriate Records Subcommittee on Housing and Community given its jurisdiction and responsibilities. In (f) Each subcommittee of the Committee Opportunity includes— making such a referral, the Chair may des- shall provide the full Committee with copies (i) housing (except programs administered ignate a subcommittee of primary jurisdic- by the Department of Veterans Affairs), in- of such records of votes taken in the sub- tion and subcommittees of additional or se- committee and such other records with re- cluding mortgage and loan insurance pursu- quential jurisdiction. ant to the National Housing Act; rural hous- spect to the subcommittee as the Chair (2) All other measures or matters shall be deems necessary for the Committee to com- ing; housing and homeless assistance pro- subject to consideration by the full Com- grams; all activities of the Government Na- ply with all rules and regulations of the mittee. House. tional Mortgage Association; private mort- (3) In referring any measure or matter to a gage insurance; housing construction and de- subcommittee, the Chair may specify a date RULE 6. STAFF sign and safety standards; housing-related by which the subcommittee shall report In General energy conservation; housing research and thereon to the Committee. (a)(1) Except as provided in paragraph (2), demonstration programs; financial and tech- (4) The Committee by motion may dis- the professional and other staff of the Com- nical assistance for nonprofit housing spon- charge a subcommittee from consideration mittee shall be appointed, and may be re- sors; housing counseling and technical as- of any measure or matter referred to a sub- moved, by the Chair, and shall work under sistance; regulation of the housing industry committee of the Committee. the general supervision and direction of the (including landlord/tenant relations); and Composition of subcommittees Chair. real estate lending including regulation of (c)(1) Members shall be elected to each sub- (2) All professional and other staff provided settlement procedures; to the minority party members of the Com- (ii) community development and commu- committee, and to the positions of chair and mittee shall be appointed, and may be re- nity and neighborhood planning, training ranking minority member thereof, in accord- moved, by the ranking minority member of and research; national urban growth policies; ance with the rules of the respective party the Committee, and shall work under the urban/rural research and technologies; and caucuses. The Chair of the Committee shall general supervision and direction of such regulation of interstate land sales; designate a member of the majority party on (iii) government sponsored insurance pro- each subcommittee as its vice chair. member. grams, including those offering protection (2) The Chair and ranking minority mem- (3) It is intended that the skills and experi- against crime, fire, flood (and related land ber of the Committee shall be ex officio ence of all members of the Committee staff use controls), earthquake and other natural members with voting privileges of each sub- be available to all Members of the Com- hazards; and committee of which they are not assigned as mittee. (iv) the qualifications for and designation members and may be counted for purposes of Subcommittee staff of Empowerment Zones and Enterprise Com- establishing a quorum in such subcommit- (b) From funds made available for the ap- munities (other than matters relating to tax tees. pointment of staff, the Chair of the Com- benefits). (3) The subcommittees shall be comprised mittee shall, pursuant to clause 6(d) of rule (E) Subcommittee on International Mone- as follows: X of the Rules of the House, ensure that suf- tary Policy and Trade.—The jurisdiction of (A) The Subcommittee on Capital Markets, ficient staff is made available so that each the Subcommittee on International Mone- Insurance, and Government Sponsored En- subcommittee can carry out its responsibil- tary Policy and Trade includes— terprises shall be comprised of 47 members, ities under the rules of the Committee and (i) multilateral development lending insti- 25 elected by the majority caucus and 22 that the minority party is treated fairly in tutions, including activities of the National elected by the minority caucus. the appointment of such staff. Advisory Council on International Monetary (B) The Subcommittee on Domestic Mone- and Financial Policies as related thereto, tary Policy, Technology, and Economic Compensation of staff and monetary and financial developments as Growth shall be comprised of 26 members, 14 (c)(1) Except as provided in paragraph (2), they relate to the activities and objectives of elected by the majority caucus and 12 elected the Chair shall fix the compensation of all such institutions; by the minority caucus. professional and other staff of the Com- (ii) international trade, including but not (C) The Subcommittee on Financial Insti- mittee. limited to the activities of the Export-Im- tutions and Commercial Credit shall be com- (2) The ranking minority Member shall fix port Bank; prised of 47 members, 25 elected by the ma- the compensation of all professional and

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.020 pfrm02 PsN: H06PT1 H642 CONGRESSIONAL RECORD — HOUSE March 6, 2001 other staff provided to the minority party House of Representatives. The Chair shall meant a lot to me and many individ- members of the Committee. notify the ranking minority member of any uals across America. As a former base- RULE 7. BUDGET AND TRAVEL decision, pursuant to clause 3(b)(3) or clause ball player both in high school and Budget 4(b) of the rule, to withhold a record other- semi-pro and major league softball and wise available, and the matter shall be pre- (a)(1) The Chair, in consultation with other sented to the Committee for a determination a golfer, I recognize the special labor of members of the Committee, shall prepare for on written request of any member of the our athletes and the inspiration that each Congress a budget providing amounts Committee. athletics can play in our lives and par- for staff, necessary travel, investigation, and Committee publications on the Internet ticularly to minority youth. other expenses of the Committee and its sub- Athletics can be a motivational fac- committees. (b) To the maximum extent feasible, the (2) From the amount provided to the Com- Committee shall make its publications avail- tor, something that gives us a sense of mittee in the primary expense resolution able in electronic form. identity, something to work for. Ath- adopted by the House of Representatives, the f letics ultimately caused me to finish Chair, after consultation with the ranking The SPEAKER pro tempore. Under a school, serve my country in the mili- minority Member, shall designate an amount previous order of the House, the gentle- tary, go to college, become a commu- to be under the direction of the ranking mi- nity college trustee member, an assem- nority Member for the compensation of the woman from California (Ms. MILLENDER-MCDONALD) is recognized bly member, a State Senator and a minority staff, travel expenses of minority Member of Congress. It is not always members and staff, and minority office ex- for 5 minutes. penses. All expenses of minority Members (Ms. MILLENDER-MCDONALD ad- easy, but I had role models. And I am and staff shall be paid for out of the amount dressed the House. Her remarks will pleased that John is a role model for so set aside. appear hereafter in the Extensions of today’s youth. I would hope that His- Travel Remarks.) panic youth, indeed all of the youth of America, look at the achievement of (b)(1) The Chair may authorize travel for f John Ruiz and see that they can reach any member and any staff member of the The SPEAKER pro tempore. Under a Committee in connection with activities or ultimately great heights. Whether it is previous order of the House, the gen- subject matters under the general jurisdic- in athletics, academics or in the world tleman from Oregon (Mr. DEFAZIO) is tion of the Committee. Before such author- of business, science, public service or recognized for 5 minutes. ization is granted, there shall be submitted arts, America’s youth need to know (Mr. DEFAZIO addressed the House. to the Chair in writing the following: that we believe in them and that they (A) The purpose of the travel. His remarks will appear hereafter in should believe in themselves because (B) The dates during which the travel is to the Extensions of Remarks.) occur. God gave us all that talent. (C) The names of the States or countries to f In the short run, there is nothing so be visited and the length of time to be spent The SPEAKER pro tempore. Under a sweet as a victory and nothing so in each. previous order of the House, the gen- stinging as defeat, but what is ulti- (D) The names of members and staff of the tleman from New Jersey (Mr. PALLONE) mately important is good sportsman- Committee for whom the authorization is is recognized for 5 minutes. ship, good conduct, playing a worthy sought. (Mr. PALLONE addressed the House. game and facing a worthy adversary (2) Members and staff of the Committee His remarks will appear hereafter in shall make a written report to the Chair on and living to fight another day. any travel they have conducted under this the Extensions of Remarks.) In that sense, both John Ruiz and subsection, including a description of their f Holyfield are to be saluted and hon- itinerary, expenses, and activities, and of The SPEAKER pro tempore. Under a ored, for they fought with their heart, pertinent information gained as a result of previous order of the House, the gentle- they fought for their souls and they such travel. woman from the District of Columbia gave America a very exciting match, (3) Members and staff of the Committee (Ms. NORTON) is recognized for 5 min- one that demonstrated athletic ar- performing authorized travel on official busi- tistry and great courage under fire. ness shall be governed by applicable laws, utes. resolutions, and regulations of the House and (Ms. NORTON addressed the House. They should raise their hands together of the Committee on House Administration. Her remarks will appear hereafter in in a clasp of goodwill, knowing that RULE 8. COMMITTEE ADMINISTRATION the Extensions of Remarks.) they have fought the good fight, the Records f noble fight. Their bruises will heal but they will always share a brotherhood of (a)(1) There shall be a transcript made of TRIBUTE TO JOHN RUIZ, FIRST each regular meeting and hearing of the having met in the ring where cham- HISPANIC HEAVYWEIGHT CHAM- pions are made and courage is tested. Committee, and the transcript may be print- PION ed if the Chair decides it is appropriate or if I am sure that John’s community a majority of the members of the Committee The SPEAKER pro tempore. Under a where he got his start in boxing is very requests such printing. Any such transcripts previous order of the House, the gen- proud of his achievement. John’s home- shall be a substantially verbatim account of tleman from California (Mr. BACA) is town is Chelsea, one of the largest His- remarks actually made during the pro- recognized for 5 minutes. panic populations in greater Boston. It ceedings, subject only to technical, gram- Mr. BACA. Mr. Speaker, it is with is a mecca for most of all-time boxing matical, and typographical corrections au- great pride that I rise to salute John greats. thorized by the person making the remarks. Nothing in this paragraph shall be construed Ruiz, who with his victory this past I also would like to salute John’s to require that all such transcripts be sub- weekend became the first Hispanic family, his wife Sahara and their chil- ject to correction and publication. heavyweight boxing champion of the dren, John and Jocelyn, and this (2) The Committee shall keep a record of world. achievements. I say, congratulations. all actions of the Committee and of its sub- The victory will be an inspiration to God bless you. committees. The record shall contain all in- all Hispanic youth, indeed to all Amer- f formation required by clause 2(e)(1) of rule icans, that if you work hard, that if The SPEAKER pro tempore. Under a XI of the Rules of the House and shall be you have tenacity and if you have per- available for public inspection at reasonable previous order of the House, the gentle- times in the offices of the Committee. sistence and the vision, there is noth- woman from Hawaii (Mrs. MINK) is rec- (3) All Committee hearings, records, data, ing that you cannot achieve. ognized for 5 minutes. charts, and files shall be kept separate and That is the American dream, the (Mrs. MINK of Hawaii addressed the distinct from the congressional office hope that some day greatness will rise House. Her remarks will appear here- records of the Chair, shall be the property of up in all of us. after in the Extensions of Remarks.) the House, and all Members of the House In the past several decades, several f shall have access thereto as provided in notable Hispanics have fought for the clause 2(e)(2) of rule XI of the Rules of the world heavyweight champion title and CHILDREN AND THEIR House. EDUCATIONAL OPPORTUNITIES (4) The records of the Committee at the despite their valor have not achieved National Archives and Records Administra- it. The SPEAKER pro tempore. Under tion shall be made available for public use in John’s win has a special personal sig- the Speaker’s announced policy of Jan- accordance with rule VII of the Rules of the nificance. The fight this weekend uary 3, 2001, the gentleman from North

VerDate 23-FEB-2001 02:32 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.022 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H643 Carolina (Mr. ETHERIDGE) is recognized But one thing I think is significant children understand that our world is for 60 minutes as the designee of the that I want my colleagues to know intelligible. It is not capricious. It minority leader. about tonight, and that is so many gives them the skills for lifelong learn- Mr. ETHERIDGE. Mr. Speaker, to- times we say, we really need local ini- ing, really for creating progress itself. night I want to spend some time talk- tiative, we need the local folks to take Now, from evidence of all sorts that ing about an issue that is very impor- charge and do it; and that is true. But is available to us now, it is clear that tant to me and to the Members of this if the people from eastern Wade County we are not providing the quality edu- Congress, I trust. I have a number of were here tonight, they would say to cation in math and science that we my colleagues joining me this evening us, that job would have been very dif- should to our children; and I think my to talk about a group of young people ficult, if not near impossible, had it not friend, the gentleman from North Caro- who need champions and a group who, been for Federal money coming down lina (Mr. ETHERIDGE) knows that very because of their age, not because of that was appropriated by this Congress well. their ability, are not allowed to serve last year, several million dollars that I am proud to have served for the in this body so we have to be their are going to be used as the glue to pull past year on the National Commission on Mathematics and Science teaching spokesman and their advocate. all of this together over the next 3 chaired by former Senator, former as- Tonight I want to talk about our years to make a difference. It does take tronaut John Glenn, including leaders children and their educational opportu- money, folks. Certainly it takes effort, from business, industry, education, and nities. I had the privilege of serving for certainly it takes commitment, but it 8 years as the State superintendent of professional organizations. The Glenn is our responsibility to provide the Commission, as it has come to be schools for North Carolina and work leadership, and some places cannot do with some wonderful people who deeply known, released its report a few it on their own. months ago; and it identifies teaching care about the education of our chil- I believe that we have a responsi- as the key for dealing with the prob- dren. Just yesterday, I was in Eastern bility to be frugal. I was in business for lems that this country faces in math Wake County working with some tre- 20 years before I was State super- and science education. The teachers mendous people there, a lady by the intendent, and I can tell my colleagues are the key. The commission calls for name of Linda Johnson, who had pre- that it takes resources, I would like to major changes throughout the teaching viously been a teacher and school remind my colleagues from time to board member, who had pulled together profession and within scientific profes- time. We won the Cold War, and we did sions and in the institutions that three communities really to work to- not win the Cold War on the cheap. We gether with children in a program they produce our teachers. Our country spent a lot of money. We spend a lot of must devote attention to the quantity called Lights on for Education. They money on education; it is going to take have taken on the monumental chal- and the quality and the professional more. We have over 53 million children environment of our teachers in math lenge in Eastern Wake County. this year in the public schools in this What they are about is by 2003 they and science. country, and that number is con- have committed to have 95 percent of I cannot emphasize too strongly that tinuing to grow. their children in grades three through in the next 10 years, we will have to My State is not unlike any other eight reading at or above grade level by hire in the United States 2.2 million State. We have spent money building 2003. new teachers just to stay even, not for buildings, but we have great needs. I smaller class sizes, just to stay even; b 1900 will talk about that more in a few min- and most of those teachers, including That is a monumental task, because utes. Even though we passed substan- all elementary schoolteachers, will be reading is the key skill of all of the tial bond issues, we are the fourth fast- called on to teach math and science; trainings we need to have in education. est-growing State in America right and many will feel inadequate to teach But for these people to come together, now. Even though we are only the 10th it because of the preparation we make and what was so significant about that, largest, we will be the fourth fastest- available to them, actually because of and I want to share it just briefly be- growing for students entering high the way we approach science and math fore I ask my colleagues to join me, is school over the next 10 years. So we as subjects only for specialists, not for that we have to understand that in can see the challenge we face. We need the general public, not for the general North Carolina education is a State re- money for infrastructure. I am going to teacher. We must address that. sponsibility, augmented by about 7 per- talk about that more. But here is an example of the impor- cent Federal money and maybe about Now, I would like to yield to a real tant role of the Federal Government. 20 to 25 percent local money, that is, strong leader on public education, a There is a role. We cannot expect the local money from the counties. person who came to this Congress 2 school district of Stockton in my dis- But in this situation, we had three years ago and at that point provided trict or the school district of Freehold mayors, Bob Matheny who is the tremendous leadership in the area of to deal with this national problem of mayor of Zebulon; Lucius Jones, who is science. He is a scientist himself, he recruiting 2.2 million teachers. This is the mayor of Wendell; and the understands education, he understands a national problem, it deserves na- Knightdale mayor, Joe Bryan, and we the commitment that all of us have to tional attention, and it deserves na- were joined by the superintendent of make to help, the gentleman from New tional resources. And providing the schools for the county, Bill McNeil. It Jersey (Mr. HOLT). training for these teachers once they is unusual for three mayors to come to- Mr. HOLT. Mr. Speaker, I thank the are hired and the continuing atmos- gether to work on educational issues. gentleman from North Carolina (Mr. phere of a good professional develop- Some people would say it is unusual to ETHERIDGE), who knows firsthand ment, that is going to require re- get three mayors to come together, as about what it takes to have excellent sources. difficult as it is to get three Congress- schools for our children. And he has The President has talked about pro- men together; but they were willing talked about reading, and over the past fessional development of teachers in not only to put their political prestige couple of years he has talked at great his early statements on education, but on the line to help children, they were length and with great effectiveness if we look at his sketch of the budget, willing to reach out into the commu- about the need for good facilities. we do not find it. So I think we have to nity, get the business people together, I would like to talk for just a couple step back and look at what we as a and we had a substantial number of the of minutes about another aspect of our country are planning to do to help in business community working, Glaxco, public education, education in math math and science teaching and in read- Smith Kline hosted it on their campus; and science. It is important for our ec- ing and see that the resources are and we were able to light a tree that onomics, for our national security, there. I would like to have that budget will burn uninterrupted, we trust, bar- really for our democracy, but also I in front of us now before we do any- ring any natural interruptions of it, would argue for personal well-being, thing else to see whether we are deal- until 2003 when they have reached their because math and science bring order ing with need number one, education, goal. I think that is what we need in and harmony and balance to our lives. and see whether the resources are there every community. It is through math and science that in the budget.

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.041 pfrm02 PsN: H06PT1 H644 CONGRESSIONAL RECORD — HOUSE March 6, 2001 Mr. Speaker, I would ask my col- children with special needs. I could not comments as it relates to the disparity league if he agrees. agree with them more. We ought to even these youngsters find. Because Mr. ETHERIDGE. Mr. Speaker, if the fund the 40 percent we said we would even though we have an obligation to gentleman would yield, that is a crit- fund and fund it now that we have the serve them, they are served in a dis- ical point. The point where the gen- money. proportionate way, even though we are tleman is talking about training, and Mr. Speaker, I now yield a few min- serving, for a child who lives in a teachers having worked with the utes to my colleague who is new to this school district where we have substan- schools and knowing, the problem we Congress, but is not new to this issue, tial resources available, they get qual- face is daunting; but we can do it if we the gentleman from California (Mr. ity because the IEP, or individual edu- are committed to it. First of all, not HONDA). He understands the need. If we cation plans, have to be written for only do we need the training, we need fund that 40 percent, and he has al- each one of these students; and as we mentors for those teachers because ready shared this with me many times, are writing those plans, we may have today, in the first 3 to 5 years, we lose and I could not agree more, we could one-on-one attention. I happen to sup- over 25 to 30 percent of those teachers; free up a lot of local money, and I yield port that, because I happen to believe they leave, because the job is so to my colleague to talk about that. that these young people become com- daunting and overwhelming. I stopped Mr. HONDA. Mr. Speaker, I thank mitted, taxpaying, productive citizens by a school this morning to have the gentleman. I really appreciate this in American society. So I think we breakfast, a national breakfast pro- discussion on education, because I be- have an obligation to do it. gram with our children. It was cold. I lieve that the President has made edu- However, my point is, have my col- had on a topcoat. In North Carolina cation one of the cornerstones of his leagues seen that in their situations this morning it was very cold. The chill administration for this next 4 years. where some do not get the kind of at- factor was probably about 20 degrees or One of the things that I found as a tention they ought to get just because less, and guess who was standing out in principal is that one of our jobs is to of resources? the cold with coats on to greet the identify youngsters who need special children? The teachers. And this was at education and need to be assessed. But b 1915 7:30 in the morning, they had already that is not an obligation of the prin- Mr. HONDA. Mr. Speaker, many dis- been there for 30 minutes, because cipal nor the teacher, because we are tricts who do not have the local re- some of the children come early. just good guys. It is also a mandate by sources to fulfill their obligation find I think our colleagues need to under- the Federal Government. Public Law themselves not being as great of an ad- stand that teaching is not just teach- 94–142 requires everybody in schools to vocate for the youngsters. They may ing reading, writing, and math. I went be able to go out and seek youngsters want to, but they do not have the re- into the classroom and had breakfast who may need special education serv- sources to cover it. with the children, kindergartners. As ices, and the PL 94–142 also said that There are other school districts who the teachers came in with those chil- they would fund the cost of special ed are well off, and they are still battling dren, they taught them how to stay in at the level of 40 percent. Currently, in with parents and trying to minimize line, they go through the breakfast the past few years, it has not gone be- the identification of youngsters, be- line, how to carry their tray along, yond 12, 13, 14 percent. cause even in a well-to-do school dis- they go sit down at the table with What that does for local school dis- trict, it is still a drain on the general them, have breakfast with them, they tricts, and I was on a board of a local fund, but the mandate is still there. watch them. They are taught manners, school district in San Jose, and we What it really does is pits parents taught how to do certain things. With found that we had to struggle very, against school districts, and that is not kindergarten, you have to start pretty very hard to come up with the general healthy for a public school system. early and build. Teachers do that for 13 fund moneys to supplement the funds I believe that what the gentleman years, kindergarten through the 12th that did not come from the Federal mentioned, having an IEP for every grade, not just those details, but a Government. What we find ourselves in youngster, should be a right of every myriad of other things. is a bind that we have this require- youngster before they even start I think we need to honor our teachers ment, this duty to seek out youngsters school, because what an IEP does is more, make sure that we understand who need special education and also as- present all the needs that a youngster how tough their job is. We certainly do sess them and cover the costs and then has, and you can develop an edu- not pay them enough, so we ought to at cover the costs for the services that cational strategy so that the parent, least give them the honor they are due, they would need. But we have to also the teacher at the get-go knows what and I agree with the gentleman. they have to do. Mr. HOLT. Mr. Speaker, if the gen- use general fund monies to supplement From that point, you can have great tleman would yield, I would say that the lack of the money that is not com- expectations. You can have account- we must treat teachers as the profes- ing from the Federal Government. sionals they are. When I talk about a That puts the local districts into even ability. You have benchmarks that we need for an environment in the schools more of a bind, because the general are all talking about, and we are talk- of continual development, professional fund money that are allocated to spe- ing about accountability. We have not development, it means mentoring cial ed becomes siphoned off for serv- had the real tools from which to judge teachers; it means time in the day and ices for other needs that the schools the teaching and the youngsters. Peo- in the week and in the school year for have to align the costs to. ple say that developing an IEP is very teachers to get the professional devel- I think that what we have found our- expensive, but then I guess how expen- opment that professionals in other selves in is fulfilling a mandate with- sive is ignorance. fields are expected to get; and it means out the funding. I believe that having Mr. ETHERIDGE. If the gentleman devoting resources to allow that to mandates without the full funding that would yield, I think what the gen- happen. we were promised is a disservice not tleman is talking about is absolutely Mr. ETHERIDGE. Mr. Speaker, re- only to the school districts, but ulti- right, and what the gentleman is really claiming my time, I could not agree mately to the youngsters. This pits talking about is an investment. more. I thank the gentleman. parents and schools against each other, Mr. HONDA. That is correct. When we think of that, there are a because we all have this great expecta- Mr. ETHERIDGE. It is an investment lot of ways we can help, the Federal tion now to meet the needs of our in our future, and an investment in the Government, the Congress. Too many youngsters, but not having the re- future of this country because the dol- times I hear people say, well, that is sources to follow through. lar investment today will return rich not Congress’ responsibility. The fact Mr. ETHERIDGE. Mr. Speaker, re- dividends in years to come. is that Congress has a heavy responsi- claiming my time, having served in the One of the challenges we face not bility, and we show up short time and State as State superintendent where only of having the dollars to develop time again. you have districts with resources, the plan and help teachers carrying Last year, our colleagues on the other districts without resources, I them out and do them depending on other side of the aisle talked about would be interested in the gentleman’s the district, because if we funded the

VerDate 23-FEB-2001 02:32 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.043 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H645 full 40 percent that we committed to, I We have the ability in this Congress mately 30 to 45 students per teacher, cannot think of a better tax break for to do something about it, because we this is uncalled for. The ratio should be local systems, for local taxpayers than have the resources. I introduced legis- less. to make sure that every child in this lation that the gentleman from Cali- As we begin to recruit, a need for country, not only special needs chil- fornia (Mr. BACA), my colleague, signed more teachers, a demand for 2.3 million dren but all children, have a good edu- last year. We are going to introduce it teachers nationwide. In California cation. That will take more off their again in the next week or so along with alone, we need over 25,000 teachers that backs than anything else we can do a number of our colleagues. we need to recruit. What does that from Washington this year or next year I have here a flier that was done last mean? Teacher training, teacher re- or the year after. year. It says ‘‘America Has Come A cruitment, teacher development. Mr. HONDA. If the gentleman would Long Way Since The One-Room What does that mean? Our institu- yield, we also found in the penal insti- Schoolhouse.’’ It is a nice-looking one tions have to work. With that, as we tutions and the juvenile justice sys- room schoolhouse. The only problem is, begin to recruit teachers, we need to tems, we found there is an inordinate in some cases, we have moved to this, have the infrastructures. We need to amount of folks in the penal system less buildings that are not up to code, have schools that are built to accom- who have special ed needs. that are not what they ought to be, and modate. If, in fact, we want every child If we do it in the front end, we can a lot of times just trailers out behind to learn, we must put them in an envi- save a lot of money in the criminal jus- the main building. ronment where they can learn. tice system, the juvenile justice sys- The gentleman mentioned the issue The teacher must feel that environ- tem, and divert and invest our money of children. I was in a meeting yester- ment, and it is very difficult when a properly and in a positive vein. day where someone was talking and we teacher goes into the classroom and Let me just close, if I may, by saying had a group of children in front of us, they have 30 to 35 students in a class- that we still have an obligation, we and the word these days is leave no room, and you look at the construction created that obligation with 94–142. We child behind, and all of a sudden the buildings, you look at inadequate created that expectation. We said to Speaker said which one of these chil- chalkboards, inadequate computers, in- parents, when we passed that law, that dren do you want to leave? That is adequate faucets, leaky roofs, when your children have a right to an equi- really the answer. you look at what is going on, we want table education, even if they have spe- Talk is cheap. You have to work to to make sure that the atmospheres are cial needs. We have to cover that. get it done. good, that the teacher feels good, that If we fulfill that, our 40 percent, then Mr. Speaker, I want to yield to the the students feels good, and we create that would allow the local districts to gentleman from California (Mr. BACA), the kind of construction that is nec- be able to function at a higher rate and my colleague, who has been a real hard essary for our children to look good, more efficiently, but what concerns me worker on this issue. He has committed that they can look at any neighboring this year is that the idea of creating a to making sure children have a space school and say we have schools that block grant funding for education to to learn and a good environment for his are built like any others. We have the our States, to me that dissipates the comments on this issue. technology that every other schools direction of the funding that we need Mr. BACA. Mr. Speaker, I thank the have. to specifically target to these young- gentleman. I want to thank my col- We want parity with anyone else, be- sters and to the school district. league, the gentleman from North I am hoping that we will be able to cause we feel that we can learn. We persuade our colleagues and the admin- Carolina (Mr. ETHERIDGE), for putting want to have the same dreams that istration that special education needs education as the top priority. every other child has, but the dream Mr. Speaker, I think it is the number to be very clear in its funding and as will only come to reality if, in fact, we one area that we should probably in- its direction and its target. provide the tools and the instruments. Mr. ETHERIDGE. Mr. Speaker, I vest in. When we talking about invest- My son is a teacher in junior high. He thank the gentleman from California ment, when we talk about resources, currently is going out and buying sup- for his comments. we talk about our future, and our chil- plies at Colton Junior High School, Joe Let me just add to that point when dren are our future. But we have got to Baca, Jr., but yet he is also a baseball the gentleman talks about block invest in education, and we are not in- coach, and he is going out and buying grants, I served as a State legislator vesting enough dollars. all kinds of equipment, everything and chaired the Committee on Appro- When we look at President Bush else, because we are not providing a lot priations before I was superintendent. I making his statement that no child of the resources. happened to have been in the general should be left behind, well, if no child They should not have to reach into assembly in the 1980s, when we had our should be left behind, then that means their pockets. We should make sure last major tax cut and that blocked to we ought to invest in education. We that when we have a bond bill and it us, and all that meant was we are look at the amount of children in becomes very difficult in some of our going to send in money but we are publics schools, over 53 million in our communities to pass, that we do not going to cut it. public schools alone. have the kind of schools that need to The truth is, in schools or other We look at California, over 6 million be built. We want to make sure that agencies, we have a responsibility to children in our public schools. If we do every school has adequate funding, help fund. The last thing they need is not invest in education, what is going that we provide the funding not only to be block granted or have grants they to happen to our children? That means for construction, the funding for teach- have to deal with. You cannot hire investment not only from preschools er training, the funding for recruit- teachers on block grants and grant but investment in our K through 12. If ment, the funding for accountability. funding. we take the preventive measures, we Accountability, when people talk The truth is when you hire a teacher save in the long run. about it, accountability is already at or any person to work with children, Just as it was recently discussed the local level. You have school board you have to have enough to sustain about the prisons, we are investing members that are elected. They have that investment, the money has to be a more money in building prisons and in- the responsibility at the local level to continuous stream, otherwise you can- carcerating individuals. Had we in- hold the accountability in how those not hire people and sustain them. vested early in education, we would dollars are spent. But we want to make The gentleman mentioned this whole have saved the taxpayers money. We sure that every child has access to edu- issue of the penal system. It reminds would have had productive citizens cation, that every child has an oppor- me, and I just said this a number of that would have gone out into our com- tunity to be what they want to be. times in my State, we have prisons munities, worked, become taxpayers, The only way it is going to be done is that are nicer in this country than we but that meant that we invested. That if we invest more money in education, have public schools in some places. means that no child was left behind. provide more money in construction, That is wrong. It ought to end. It ought That means that in the classroom, provide more money for teacher train- to end right now. where right now we have approxi- ing, provide more money for teacher

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.045 pfrm02 PsN: H06PT1 H646 CONGRESSIONAL RECORD — HOUSE March 6, 2001 development, provide opportunity for the local level, because many of the Mr. BECERRA (at the request of Mr. our children, invest at the beginning, kids now who normally would not have GEPHARDT) for today on account of not in our prisons, but invest in edu- survived and lived to join the public business in the district. cation from the beginning. Then we are education system are doing so, and Mr. SCOTT (at the request of Mr. GEP- going to have a society where individ- with that brings added costs and ex- HARDT) for today on account of attend- uals are going to go out to be gov- pense. ing a funeral. ernors, Presidents, Congressmen, as- If we can get one thing right during Mr. STUPAK (at the request of Mr. semblymen, businesspersons; they will this education debate this year, it is GEPHARDT) for today and the balance of have an opportunity to fulfill those fully funding IDEA, providing the 40 the week on account of family obliga- dreams. percent cost share back to local school tions. Mr. ETHERIDGE. Mr. Speaker, I districts, so they have more flexibility, Mr. WAMP (at the request of Mr. thank the gentleman from California. I more resources in order to educate ARMEY) for today on account of can- think the gentleman reminds us if it these children, but also to do and im- celed airline flights. were not for public education, most of plement the type of reforms that we f us would not be here either. are demanding of them, to improve stu- SPECIAL ORDERS GRANTED Mr. Speaker, I yield to the gentleman dent performance in the classroom. from Wisconsin (Mr. KIND), my friend This is more than just good policy, By unanimous consent, permission to who serves on the Committee on Edu- this is a civil rights issue. These chil- address the House, following the legis- cation and the Workforce. He has been dren deserve to have access to a qual- lative program and any special orders an outspoken advocate for education ity education, like any other child in heretofore entered, was granted to: and a real champion. this country. So we have a special obli- (The following Members (at the re- Mr. KIND. Mr. Speaker, I thank the gation, I feel, in this session of Con- quest of Mr. MCNULTY) to revise and gentleman from North Carolina, my gress to try to get to that 40 percent extend their remarks and include ex- friend, for yielding to me. level. traneous material:) I saw the conversation taking place Even though we had a 27 percent in- Mr. DAVIS of Illinois, for 5 minutes, on the House floor and I wanted to join crease last year in the last budget in today. my friends and also commend my regards to IDEA funding, it still only Ms. MILLENDER-MCDONALD, for 5 min- friend, the gentleman from North Caro- puts us at roughly 14 percent or 15 per- utes, today. lina, the former State superintendent cent of the 40 percent level where we Mr. DEFAZIO, for 5 minutes, today. of the school system there, for his lead- really should be. It would require an Mr. PALLONE, for 5 minutes, today. ership and expertise that he has pro- additional $11 billion or so to get the Ms. NORTON, for 5 minutes, today. vided us in this Chamber on education full funding this year, but it is a ques- Mr. BACA, for 5 minutes, today. issues. tion of budgetary priorities, where we Mrs. MINK of Hawaii, for 5 minutes, I wanted to also thank the gentleman feel investments need to be made as a today. from California (Mr. BACA), my good Nation. I could not think of any better (The following Members (at the re- friend, for his energy and tireless effort place to start than with our children in quest of Mr. TOM DAVIS of Virginia) to in promoting educational programs the education system, helping local revise and extend their remarks and in- here in Congress during his term. But school districts, increasing their flexi- clude extraneous material:) I, for one, was very, very happy during bility by providing them these re- Mr. PLATTS, for 5 minutes, March 7 the last campaign that there was so sources that the Federal Government and 8. Mrs. BIGGERT, for 5 minutes, March 7. much discussion and focus on edu- has promised throughout the years but Mr. KELLER, for 5 minutes, March 7. cation issues whether it was Vice has failed to deliver upon. Mr. OXLEY, for 5 minutes, today. President Gore or Governor Bush. Hopefully we will be able to get that Mr. JONES of North Carolina, for 5 I think it elevated the sense of ur- aspect of education done in a bipar- minutes, March 7. gency that many of us feel in regards tisan fashion during this year in Con- to our education investments as a Na- gress. The litmus test, quite frankly, f tion, but I just wanted to add during will be the administration’s first budg- BILL PRESENTED TO THE this conversation tonight a very impor- et request that they are going to send PRESIDENT tant piece of the puzzle as we move for- out and where they place special edu- Jeff Trandahl, Clerk of the House, re- ward on reauthorizing the elementary cation funding on their list of prior- and secondary education bill in the ports that on March 1, 2001 he pre- ities, from there, then, hopefully, we sented to the President of the United Committee on Education and Work- will be able to establish the broad- force this year, and that is virtually States, for his approval, the following based political coalition that I know bill: every school district throughout the exists in the House based on previous Nation is facing a common challenge, H.R. 559. To designate the United States debates and votes that we have had in courthouse located at 1 Courthouse Way in and that is the rising costs of providing order to get this piece of the puzzle a quality education to students with Boston, Massachusetts, as the ‘‘John Joseph done for education. Moakley United States Courthouse.’’ special needs, special education costs. We have a bill at the Federal level b 1930 f called Individuals With Disabilities Mr. ETHERIDGE. Mr. Speaker, the ADJOURNMENT Education Act, IDEA, and when it was gentleman from Wisconsin is correct. Mr. ETHERIDGE. Mr. Speaker, I passed back in the 1970s, there was a We have the resources to do it this move that the House do now adjourn. commitment on the Federal level that year. There is no reason that we cannot The motion was agreed to; accord- we would at least provide 40 percent of start down that road and make it hap- ingly (at 7 o’clock and 30 minutes the expenses to local school districts pen. If we really want to have a better p.m.), the House adjourned until to- and educating these children with spe- world, it has been said if you want a morrow, Wednesday, March 7, 2001, at cial needs. better world, you share it with a child 10 a.m. We have not done a very good job of and they will build it. We have that op- f living up to that obligation, that re- portunity. sponsibility at the Federal level. I am f EXECUTIVE COMMUNICATIONS, sure every representative in this House ETC. LEAVE OF ABSENCE could go home and find stories that Under clause 8 of rule XII, executive they can share with us in regards to By unanimous consent, leave of ab- communications were taken from the the rising costs of special education. sence was granted to: Speaker’s table and referred as follows: Let us face it, with the advancement of Mr. ACKERMAN (at the request of Mr. 1104. A letter from the Assistant Secretary medical technology and health care GEPHARDT) for today and the balance of of Defense, Force Management Policy, De- today, we are putting our children on a the week on account of medical rea- partment of Defense, transmitting a notifi- collision course with school funding at sons. cation to close six Department of Defense

VerDate 23-FEB-2001 01:39 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.047 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H647 commissary stores; to the Committee on tion, transmitting the Administration’s final for printing and reference to the proper Armed Services. rule—Fisheries of the Exclusive Economic calendar, as follows: 1105. A letter from the Principal Deputy Zone Off Alaska; Groundfish by Vessels Mr. TAUZIN: Committee on Energy and Under Secretary of Defense, Acquisition and Using Non-Pelagic Trawl Gear in the Red Commerce. H.R. 724. A bill to authorize ap- Technology, Department of Defense, trans- King Crab Savings Subarea [Docket No. propriations to carry out part B of title I of mitting an interim response regarding the 010112013–1013–01; I.D. 022201A] received the Energy Policy and Conservation Act, re- annual commercial activities report, re- March 1, 2001, pursuant to 5 U.S.C. lating to the Strategic Petroleum Reserve quired by section 2461(g) of title 10, United 801(a)(1)(A); to the Committee on Resources. (Rept. 107–6). Referred to the Committee of States Code describing the extent to which 1114. A letter from the Assistant Adminis- the Whole House on the State of the Union. commercial and industrial type functions trator for Fisheries, NMFS, National Oce- Mr. THOMAS: Committee on Ways and were performed by Department of Defense anic and Atmospheric Administration, trans- Means. H.R. 3. A bill to amend the Internal contractors during the preceding fiscal year; mitting the Administration’s final rule—Fi- Revenue Code of 1986 to reduce individual in- to the Committee on Armed Services. nancial Assistance for Research and Develop- come tax rates; with an amendment (Rept. 1106. A letter from the Deputy Associate ment Projects in the Gulf of Mexico and Off 107–7). Referred to the Committee of the Administrator, Environmental Protection the U.S. South Atlantic Coastal States; Ma- Whole House on the State of the Union. Agency, transmitting the Agency’s final rine Fisheries Initiative (MARFIN) [Docket Mrs. MYRICK: Committee on Rules. House rule—National Emission Standards for Haz- No. 001214350–0350–01, I.D. 112700B] (RIN: 0648– Resolution 78. Resolution providing for the ardous Air Pollutant Emissions: Group IV Z098) received March 1, 2001, pursuant to 5 consideration of motions to suspend the Polymers and Resins [AD–FRL–6768–2] (RIN: U.S.C. 801(a)(1)(A); to the Committee on Re- rules (Rept. 107–8). Referred to the House 2060–AH47) received February 28, 2001, pursu- sources. Calendar. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1115. A letter from the Deputy General Mr. LINDER: Committee on Rules. House on Energy and Commerce. Counsel, FBI, Department of Justice, trans- Resolution 79. Resolution providing for con- 1107. A letter from the Legal Advisor, mitting the Department’s final rule—Na- sideration of the joint resolution (S.J. Res. 6) Cable Services Bureau, Federal Communica- tional Instant Criminal Background Check providing for congressional disapproval of tions Commission, transmitting the Com- System Regulation; Delay of Effective Date the rule submitted by the Department of mission’s final rule—Implementation of the [AG Order No. 2403–2001; FBI 105F] (RIN: 1110– Labor under chapter 8 of title 5, United Satellite Home Viewer Improvement Act of AA02) received February 28, 2001, pursuant to States Code, relating to ergonomics (Rept. 1999: Broadcast Signal Carriage Issues [CS 5 U.S.C. 801(a)(1)(A); to the Committee on the 107–9). Referred to the House Calendar. Docket No. 00–96] Retransmission Consent Judiciary. Mr. TAUZIN: Committee on Energy and Issues [CS Docket No. 99–363] received Feb- 1116. A letter from the Chief, Regulations Commerce. House Concurrent Resolution 31. ruary 26, 2001, pursuant to 5 U.S.C. Division, ATF, Department of the Treasury, Resolution expressing the sense of the Con- 801(a)(1)(A); to the Committee on Energy and transmitting the Department’s final rule— gress regarding the importance of organ, tis- Commerce. Delegation of Authority in Part 170 [T.D. sue, bone marrow, and blood donation and 1108. A letter from the Acting Assistant ATF–439] (RIN: 1512–AC23) received March 1, supporting National Donor Day (Rept. 107– Secretary for Legislative Affairs, Depart- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10). Referred to the House Calendar. ment of State, transmitting certifications Committee on Ways and Means. Mr. TAUZIN: Committee on Energy and and waivers under section 565(b) of the For- 1117. A letter from the Acting Chief, Regu- Commerce. H.R. 624. A bill to amend the eign Relations Authorization Act, Fiscal lations Division, ATF, Department of the Public Health Service Act to promote organ Years 1994 and 1995 of the prohibition against Treasury, transmitting the Department’s donation (Rept. 107–11). Referred to the Com- contracting with firms that comply with the final rule—Delegation of Authority in 27 mittee of the Whole House on the State of Arab League Boycott of the state of Israel CFR Part 30 [T.D. ATF–438] (RIN: 1512–AC16) the Union. and of the prohibition against contracting received March 1, 2001, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Ways and with firms that discriminate in the award of PUBLIC BILLS AND RESOLUTIONS subcontracts on the basis of religion, pursu- Means. 1118. A letter from the Acting Chief, Regu- ant to Public Law 103–236, section 565(b) (108 Under clause 2 of rule XII, public lations Division, ATF, Department of the Stat. 845); to the Committee on Inter- bills and resolutions were introduced Treasury, transmitting the Department’s national Relations. and severally referred, as follows: 1109. A letter from the Acting Director, Of- final rule—Fair Play Viticultural Area (2000R–170P) [T.D. ATF–440 Re: Notice No. By Mr. SENSENBRENNER: fice of Personnel Management, transmitting H.R. 860. A bill to amend title 28, United a report on the actions needed to correct the 900] (RIN: 1512–AA07) received February 28, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the States Code, to allow a judge to whom a case Consumer Price Index error in the Civil is transferred to retain jurisdiction over cer- Service Retirement System and the Federal Committee on Ways and Means. 1119. A letter from the Acting Chief, Regu- tain multidistrict litigation cases for trial, Employees Retirement System; to the Com- lations Division, ATF, Department of the and to provide for Federal jurisdiction of mittee on Government Reform. certain multiparty, multiforum civil ac- 1110. A letter from the Acting Director, Treasury, transmitting the Department’s final rule— Realignment of the Boundary of tions; to the Committee on the Judiciary. Fish and Wildlife Service, Department of the By Mr. GEKAS: Interior, transmitting the Department’s the Walla Walla Valley Viticultural Area and the Eastern Boundary of the Columbia H.R. 861. A bill to make technical amend- final rule—Endangered and Threatened Wild- ments to section 10 of title 9, United States life and Plants; Final Determination of Crit- Valley Viticultural Area (99R–141P) [T.D. ATF–441; RE: Notice No. 898] (RIN: 1512– Code; to the Committee on the Judiciary. ical Habitat for the California Red-legged By Mr. EVANS (for himself, Mr. FIL- Frog (RIN: 1018–AG32) received March 5, 2001, AA07) received February 28, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on NER, Mr. REYES, Ms. BROWN of Flor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ida, Mr. RODRIGUEZ, Mr. SHOWS, Mr. mittee on Resources. Ways and Means. 1120. A letter from the Acting Assistant BONIOR, Mr. CONDIT, Mr. CRAMER, Mr. 1111. A letter from the Acting Director, Of- Secretary for Legislative Affairs, Depart- EDWARDS, Mr. FRANK, Mr. FROST, Mr. fice of Sustainable Fisheries, NMFS, Na- ment of State, transmitting a report on re- KLECZKA, Ms. MCKINNEY, Mr. MAS- tional Oceanic and Atmospheric Administra- cent actions taken in response to requests CARA, Mrs. MEEK of Florida, Mr. tion, transmitting the Administration’s final from the Governments of Italy and Nica- PASCRELL, Ms. SCHAKOWSKY, and Ms. rule—Fisheries of the Caribbean, Gulf of ragua; to the Committee on Ways and BALDWIN): Mexico, and South Atlantic; Coastal Migra- Means. H.R. 862. A bill to amend title 38, United tory Pelagic Resources of the Gulf of Mexico 1121. A letter from the Chief, Regulations States Code, to add Diabetes Mellitus (Type and South Atlantic; Trip Limit Reduction Unit, Internal Revenue Service, transmitting 2) to the list of diseases presumed to be serv- [Docket No. 991008273–0070–02; I.D. 021601C] re- the Service’s final rule—Last-in, first-out in- ice-connected for veterans exposed to certain ceived February 28, 2001, pursuant to 5 U.S.C. ventories [Rev. Rul. 2001–14] received Feb- herbicide agents; to the Committee on Vet- 801(a)(1)(A); to the Committee on Resources. ruary 27, 2001, pursuant to 5 U.S.C. erans’ Affairs. 1112. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Ways and By Mr. SMITH of Texas (for himself, fice of Sustainable Fisheries, NMFS, Na- Means. Mr. SCOTT, Mr. BARR of Georgia, Mr. tional Oceanic and Atmospheric Administra- 1122. A letter from the Acting Commis- CHABOT, Mr. COBLE, Mr. DELAHUNT, tion, transmitting the Administration’s final sioner, Social Security Administration, Mr. GOODLATTE, Mr. GREEN of Wis- rule—Fisheries of the Exclusive Economic transmitting a report on the Consumer Price consin, Mr. HUTCHINSON, Ms. JACK- Zone Off Alaska; Groundfish by Vessels Index Error; to the Committee on Ways and SON-LEE of Texas, Mr. KELLER, Mr. Using Non-pelagic Trawl Gear in the Red Means. MEEHAN, and Mr. WEINER): King Crab Savings Subarea [Docket No. H.R. 863. A bill to provide grants to ensure 010112013–1013–01; I.D. 021601A] received Feb- f increased accountability for juvenile offend- ruary 28, 2001, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON ers; to the Committee on the Judiciary. 801(a)(1)(A); to the Committee on Resources. PUBLIC BILLS AND RESOLUTIONS By Mr. PAUL: 1113. A letter from the Acting Director, Of- H.R. 864. A bill to restore the separation of fice of Sustainable Fisheries, NMFS, Na- Under clause 2 of rule XIII, reports of powers between the Congress and the Presi- tional Oceanic and Atmospheric Administra- committees were delivered to the Clerk dent; to the Committee on the Judiciary.

VerDate 23-FEB-2001 01:53 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\L06MR7.000 pfrm02 PsN: H06PT1 H648 CONGRESSIONAL RECORD — HOUSE March 6, 2001 By Mr. BARRETT (for himself, Mr. By Mr. COLLINS: By Mr. HANSEN: GUTIERREZ, Mr. FRANK, Mrs. JONES of H.R. 871. A bill to amend the Internal Rev- H.R. 880. A bill to provide for the acquisi- Ohio, Ms. BALDWIN, Ms. MCKINNEY, enue Code of 1986 to phaseout the alternative tion of property in Washington County, Mr. MCGOVERN, Ms. HOOLEY of Or- minimum tax on individuals; to the Com- Utah, for implementation of a desert tortoise egon, Mr. CAPUANO, Mr. BONIOR, Mr. mittee on Ways and Means. habitat conservation plan; to the Committee BLAGOJEVICH, Mr. ACEVEDO-VILA, Mr. By Mr. CRANE: on Resources. FILNER, Mr. HINCHEY, Ms. ROYBAL- H.R. 872. A bill to amend the Internal Rev- By Mr. ISAKSON: ALLARD, Mrs. MEEK of Florida, Mr. enue Code of 1986 to provide individual and H.R. 881. A bill to amend the Fair Labor ENGEL, Mr. MCDERMOTT, Mr. TOWNS, corporate income tax rate reductions; to the Standards Act of 1938 to prohibit the Mr. RUSH, and Ms. NORTON): Committee on Ways and Means. issuance of a certificate for subminimum H.R. 865. A bill to enhance the availability By Mr. CRANE: wages for individuals with impaired vision or of capital and credit for all citizens and com- H.R. 873. A bill to amend the Internal Rev- blindness; to the Committee on Education munities, to ensure that community rein- enue Code of 1986 to provide individual in- and the Workforce. vestment keeps pace as banks, securities come tax rate reductions; to the Committee By Mr. ISAKSON: firms, and other financial service providers on Ways and Means. H.R. 882. A bill to amend the Internal Rev- become affiliates as a result of the enact- By Mr. CRANE: enue Code of 1986 to provide economic relief ment of the Gramm-Leach-Bliley Act, and H.R. 874. A bill to amend the Internal Rev- to farmers and ranchers, and for other pur- for other purposes; to the Committee on Fi- enue Code of 1986 to provide individual in- poses; to the Committee on Ways and Means. nancial Services. come tax rate reductions and to repeal the By Mr. YOUNG of Alaska: By Mr. BILIRAKIS: phaseouts of the deduction for personal ex- H.R. 883. A bill to preserve the sovereignty H.R. 866. A bill to prohibit the provision of emptions and of itemized deductions; to the of the United States over public lands and financial assistance by the Federal Govern- Committee on Ways and Means. acquired lands owned by the United States, and to preserve State sovereignty and pri- ment to any person who is more than 60 days By Ms. ESHOO (for herself, Mr. WALSH, vate property rights in non-Federal lands delinquent in the payment of any child sup- Mrs. MORELLA, and Mr. GUTIERREZ): surrounding those public lands and acquired port obligation; to the Committee on Gov- H.R. 875. A bill to declare as citizens of the lands; to the Committee on Resources. ernment Reform. United States certain women who lost citi- By Mr. ISAKSON: By Mr. BILIRAKIS (for himself and Ms. zenship solely by reason of marriage to an H.R. 884. A bill to amend the Internal Rev- HART): alien prior to September 22, 1922; to the Com- enue Code of 1986 to permit advanced refund- H.R. 867. A bill to amend the Internal Rev- mittee on the Judiciary. ing of private activity bonds with govern- enue Code of 1986 to allow employers a tax By Mr. FOLEY (for himself, Mr. mental bonds under certain limited cir- credit for hiring displaced homemakers; to WELLER, Mr. MATSUI, Mrs. THURMAN, cumstances; to the Committee on Ways and the Committee on Ways and Means. Mr. WATKINS, Mr. PORTMAN, Mr. Means. By Mr. TOOMEY (for himself, Ms. RAMSTAD, and Mr. MCCRERY): By Mrs. JOHNSON of Connecticut: BERKLEY, Mr. PAUL, Mr. SCHAFFER, H.R. 876. A bill to amend the Internal Rev- H.R. 885. A bill to amend the Internal Rev- Mr. DEMINT, Mr. VITTER, Mr. SES- enue Code of 1986 to provide a 5-year exten- enue Code of 1986 to exclude from gross in- SIONS, Mr. MCHUGH, Mr. SAXTON, Mrs. sion of the credit for electricity produced come certain scholarships related to health MYRICK, Mr. GOODE, Mr. MILLER of from wind; to the Committee on Ways and professions; to the Committee on Ways and Florida, Mr. PITTS, Mr. HILLEARY, Means. Means. Mr. CRAMER, Mr. ISTOOK, Mr. HILL- By Mr. FOLEY (for himself, Ms. VELAZ- By Ms. EDDIE BERNICE JOHNSON of IARD, Mr. SOUDER, Mr. TANCREDO, Mr. QUEZ, Mr. MANZULLO, Mr. Texas: JONES of North Carolina, Mr. LATOURETTE, Mr. JONES of North H.R. 886. A bill to amend the Internal Rev- HASTINGS of Washington, Mr. SHAW, Carolina, Mr. KOLBE, Mr. LATHAM, enue Code of 1986 to exclude umemployment Mr. TIAHRT, Mr. STENHOLM, Mrs. JO Mr. ISAKSON, Mr. MOORE, Mr. TOWNS, compensation from gross income; to the ANN DAVIS of Virginia, Mr. SMITH of Mr. PETERSON of Pennsylvania, Mr. Committee on Ways and Means. New Jersey, Mrs. KELLY, Mr. FLETCH- BONILLA, Mr. SAXTON, Mr. GREEN- By Mrs. KELLY (for herself, Mr. OBER- ER, Mr. MCGOVERN, Mr. GORDON, Mr. WOOD, Ms. HART, Mr. WYNN, Mr. STAR, Mrs. MALONEY of New York, BAKER, Mr. SHOWS, Mr. GOODLATTE, PENCE, Mrs. JONES of Ohio, Mr. Mr. BASS, Mr. BENTSEN, Mr. HILL- Mr. CUNNINGHAM, Mr. SIMMONS, Mr. ARMEY, Mr. BOEHLERT, Mr. CLEMENT, IARD, Mr. FROST, Mr. BALDACCI, Mr. NEY, Mr. REYNOLDS, Mr. CAPUANO, Mr. HALL of Ohio, Mrs. CHRISTENSEN, MCNULTY, Mr. DOYLE, Mr. COOKSEY, Mr. RYUN of Kansas, Mr. TIBERI, Mr. Mr. RUSH, Mr. HASTINGS of Wash- Mr. MOAKLEY, Ms. NORTON, Mr. FOLEY, and Mr. SHADEGG): ington, Mr. EHLERS, Mr. HEFLEY, UDALL of New Mexico, Mr. BRADY of H.R. 868. A bill to amend title XVIII of the Mrs. NORTHUP, and Mr. GARY MILLER Pennsylvania, Mr. WHITFIELD, Mr. Social Security Act to ensure that the Sec- of California): ENGLISH, Ms. MCCARTHY of Missouri, retary of Health and Human Services pro- H.R. 877. A bill to amend the Internal Rev- Ms. EDDIE BERNICE JOHNSON of Texas, vides appropriate guidance to physicians, enue Code of 1986 to allow small business em- Mr. ACKERMAN, Ms. DELAURO, Mr. providers of services, and ambulance pro- ployers a credit against income tax for cer- GILMAN, Ms. BERKLEY, Mr. KLECZKA, viders that are attempting to properly sub- tain expenses for long-term training of em- Mr. LANTOS, Mr. WALSH, Mr. MCIN- mit claims under the Medicare Program and ployees in highly skilled small business TYRE, Mr. PAYNE, Mr. BONIOR, Mr. to ensure that the Secretary does not target trades; to the Committee on Ways and EVANS, Mr. CUMMINGS, Mr. CAPUANO, inadvertent billing errors; to the Committee Means. Ms. MCCOLLUM, Mr. WEINER, Mr. BAR- on Energy and Commerce, and in addition to By Mr. FRANK: RETT, Mrs. THURMAN, Mr. KUCINICH, the Committee on Ways and Means, for a pe- H.R. 878. A bill to amend the Internal Rev- Mrs. MORELLA, Mr. MCGOVERN, Ms. riod to be subsequently determined by the enue Code of 1986 to restore the exclusion SLAUGHTER, Ms. CARSON of Indiana, Speaker, in each case for consideration of from gross income for damage awards for Mr. BACA, and Mr. NADLER): such provisions as fall within the jurisdic- emotional distress; to the Committee on H.R. 887. A bill to amend the Internal Rev- tion of the committee concerned. Ways and Means. enue Code of 1986 to require group health By Mr. CASTLE: By Mr. FRANK (for himself, Mr. plans to provide coverage for reconstructive H.R. 869. A bill to expand the Federal tax EVANS, Mr. DINGELL, Mr. surgery following mastectomy, consistent refund intercept program to cover children MCDERMOTT, Mr. SANDERS, Mrs. with the Women’s Health and Cancer Rights who are not minors; to the Committee on KELLY, Mrs. MCCARTHY of New York, Act of 1998; to the Committee on Ways and Ways and Means. Mr. OLVER, Mr. PRICE of North Caro- Means. By Mr. CLEMENT (for himself, Mr. AN- lina, Ms. RIVERS, Mr. TIERNEY, Mrs. By Mr. LAFALCE (for himself, Mr. DREWS, Mr. FRANK, Mr. BOUCHER, Mr. MALONEY of New York, Mr. BALDACCI, WELLER, Mr. FRANK, Mr. QUINN, Mr. FILNER, Mr. KIND, Ms. NORTON, Mr. Mr. COSTELLO, Mr. PAUL, Ms. MCKIN- SABO, Mrs. BIGGERT, and Ms. LEE): CRAMER, Mr. GORDON, Mr. SANDLIN, NEY, Mrs. CHRISTENSEN, Mr. MCGOV- H.R. 888. A bill to amend the McKinney- and Mr. DUNCAN): ERN, Mr. WAXMAN, and Ms. JACKSON- Vento Homeless Assistance Act to provide H.R. 870. A bill to amend title II of the So- LEE of Texas): for renewals of grants for permanent housing cial Security Act to provide for an improved H.R. 879. A bill to restore veterans tobacco- under the supportive housing program and benefit computation formula for workers related illness benefits as in effect before the for shelter plus care assistance to be funded who attain age 65 in or after 1982 and to enactment of the Transportation Equity Act through section 8 rental assistance amounts whom applies the 15-year period of transition for the 21st Century; to the Committee on made available under the Housing Certifi- to the changes in benefit computation rules Veterans’ Affairs, and in addition to the cate Fund of the Department of Housing and enacted in the Social Security Amendment Committee on the Budget, for a period to be Urban Development; to the Committee on of 1977 (and related beneficiaries) and to pro- subsequently determined by the Speaker, in Financial Services. vide prospectively for increases in their ben- each case for consideration of such provi- By Mr. LANTOS: efits accordingly; to the Committee on Ways sions as fall within the jurisdiction of the H.R. 889. A bill to require that, as a condi- and Means. committee concerned. tion of receiving salary, each United States

VerDate 23-FEB-2001 01:53 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\L06MR7.100 pfrm02 PsN: H06PT1 March 6, 2001 CONGRESSIONAL RECORD — HOUSE H649 district judge must certify that certain cases By Mr. TANCREDO: clean, safe, and sustainable environment; to before the judge have not been pending and H.R. 899. A bill to amend the Juvenile Jus- the Committee on the Judiciary. undetermined for more than 90 days after tice and Delinquency Prevention Act of 1974, By Mr. JACKSON of Illinois: being submitted for decision; to the Com- and the Safe and Drug-Free Schools and H.J. Res. 34. A joint resolution proposing mittee on the Judiciary. Communities Act of 1994, to allow grants re- an amendment to the Constitution of the By Mrs. MINK of Hawaii: ceived under such Acts to be used to estab- United States relative to taxing the people H.R. 890. A bill to amend title 38, United lish and maintain school safety hotlines; to of the United States progressively; to the States Code, to exempt amounts owed for the Committee on Education and the Work- Committee on the Judiciary. prescription drugs and medical supplies dis- force. By Mr. SCHROCK (for himself, Mrs. JO pensed by Department of Veterans Affairs By Mr. WATKINS: ANN DAVIS of Virginia, Mr. SISISKY, pharmacies from otherwise applicable inter- H.R. 900. A bill to amend the Internal Rev- Mr. SCOTT, Mr. PUTNAM, Mr. BILI- est charges and administrative cost charges enue Code of 1986 to provide that the exclu- RAKIS, Mr. STEARNS, Mr. CRENSHAW, imposed on indebtedness to the United sion of gain on sale of a principal residence and Mr. JONES of North Carolina): States resulting from the provision of med- shall apply to certain farmland sold with the ical care or services by the Department of H. Con. Res. 47. Concurrent resolution hon- principal residence; to the Committee on oring the 21 members of the National Guard Veterans Affairs; to the Committee on Vet- Ways and Means. erans’ Affairs. who were killed in the crash of a National By Mr. WATKINS: Guard aircraft on March 3, 2001, in south- By Mr. MOORE (for himself, Mr. SMITH H.R. 901. A bill to amend the Internal Rev- central Georgia; to the Committee on Armed of New Jersey, Mrs. MORELLA, Mrs. enue Code of 1986 to simplify the excise tax Services. MCCARTHY of New York, Mrs. on heavy truck tires; to the Committee on By Mr. PAUL: MALONEY of New York, Ms. MCCAR- Ways and Means. H. Con. Res. 48. Concurrent resolution ex- THY of Missouri, Mr. HOLT, Mr. UDALL By Mr. WATKINS: of New Mexico, Mr. MCGOVERN, Mr. H.R. 902. A bill to amend title XVIII of the pressing the sense of the Congress in re- GONZALEZ, Mrs. LOWEY, Mr. FRANK, Social Security Act to provide reimburse- affirming the United States of America as a and Mr. GEORGE MILLER of Cali- ment under the Medicare Program for all republic; to the Committee on the Judiciary. fornia): physicians’ services furnished by doctors of By Mr. PAUL: H.R. 891. A bill to prohibit the possession chiropractic within the scope of their li- H. Con. Res. 49. Concurrent resolution ex- of a firearm by an individual who has com- cense; to the Committee on Energy and Com- pressing the sense of Congress that the Trea- mitted an act of juvenile delinquency that merce, and in addition to the Committee on ty Power of the President does not extend would be a violent felony if committed by an Ways and Means, for a period to be subse- beyond the enumerated powers of the Fed- adult; to the Committee on the Judiciary. quently determined by the Speaker, in each eral Government, but are limited by the Con- By Mr. PITTS: case for consideration of such provisions as stitution, and any exercise of such Executive H.R. 892. A bill to amend the Internal Rev- fall within the jurisdiction of the committee Power inconsistent with the Constitution enue Code of 1986 to exclude from gross in- concerned. shall be of no legal force or effect; to the come gain on the sale or exchange of certain By Mr. WOLF: Committee on International Relations. farmland the use of which is restricted in H.R. 903. A bill to establish a commission By Mr. SESSIONS: perpetuity to use as farmland; to the Com- to review the Federal Aviation Administra- H. Con. Res. 50. Concurrent resolution ex- mittee on Ways and Means. tion; to the Committee on Transportation pressing the sense of the Congress that there By Mr. PITTS: and Infrastructure. should be established a National Athletic H.R. 893. A bill to amend the Internal Rev- By Mr. PAUL: Training Month; to the Committee on Gov- enue Code of 1986 to exclude from estate H.J. Res. 27. A joint resolution to repeal ernment Reform. taxes the value of certain farmland the use the War Powers Resolution to fulfill the in- By Mr. WU: of which is restricted in perpetuity to use as tent of the framers of the Constitution that farmland; to the Committee on Ways and H. Con. Res. 51. Concurrent resolution ex- Congress and not the President has the Means. pressing the sense of the Congress that a power to declare war, and for other purposes; By Mr. ROHRABACHER: postage stamp should be issued to honor the H.R. 894. A bill to provide compensation for to the Committee on International Rela- Jewish War Veterans of the United States of injury and property damages suffered by per- tions, and in addition to the Committees on America; to the Committee on Government sons as a result of the bombing attack by the Armed Services, Rules, and the Judiciary, Reform. United States on August 20, 1998 in Khar- for a period to be subsequently determined By Mr. LINDER: toum, Sudan, and for other purposes; to the by the Speaker, in each case for consider- H. Res. 76. A resolution designating major- Committee on the Judiciary. ation of such provisions as fall within the ju- ity membership on certain standing commit- By Mr. ROYCE: risdiction of the committee concerned. tees of the House; considered and agreed to. H.R. 895. A bill to abolish the Advanced By Mr. JACKSON of Illinois: By Mr. FROST: Technology Program; to the Committee on H.J. Res. 28. A joint resolution proposing H. Res. 77. A resolution designating minor- Science. an amendment to the Constitution of the ity membership on certain standing commit- By Mr. SAXTON: United States respecting the right to full tees of the House; considered and agreed to. H.R. 896. A bill to ensure the safety of rec- employment and balanced growth; to the By Mr. NEY: Committee on the Judiciary. reational fishermen and other persons who H. Res. 80. A resolution providing amounts By Mr. JACKSON of Illinois: use motor vehicles to access beaches adja- for the expenses of the Committee on House cent to the Brigantine Wilderness Area in H.J. Res. 29. A joint resolution proposing an amendment to the Constitution of the Administration in the One Hundred Seventh the Edwin B. Forsythe National Wildlife Ref- Congress; to the Committee on House Ad- uge, New Jersey, by providing a narrow tran- United States regarding the right of citizens of the United States to health care of equal ministration. sition zone above the mean high tide line By Mr. ROHRABACHER: where motor vehicles can be safely driven high quality; to the Committee on the Judi- H. Res. 81. A resolution to provide for the and parked; to the Committee on Resources. ciary. consideration by the United States Court of By Mr. SAXTON: By Mr. JACKSON of Illinois: H.R. 897. A bill to reauthorize the Coastal H.J. Res. 30. A joint resolution proposing Claims of a bill for compensation, and for Zone Management Act of 1972, and for other an amendment to the Constitution of the other purposes; to the Committee on the Ju- purposes; to the Committee on Resources, United States respecting the right to decent, diciary. and in addition to the Committee on Trans- safe, sanitary, and affordable housing; to the portation and Infrastructure, for a period to Committee on the Judiciary. f be subsequently determined by the Speaker, By Mr. JACKSON of Illinois: in each case for consideration of such provi- H.J. Res. 31. A joint resolution proposing sions as fall within the jurisdiction of the an amendment to the Constitution of the MEMORIALS committee concerned. United States regarding the right of all citi- Under clause 3 of rule XII, memorials By Mr. STRICKLAND (for himself, Mr. zens of the United States to a public edu- were presented and referred as follows: DEAL of Georgia, and Mr. STARK): cation of equal high quality; to the Com- H.R. 898. A bill to amend title XVIII of the mittee on the Judiciary. 4. The SPEAKER presented a memorial of Social Security Act to provide for the cov- By Mr. JACKSON of Illinois: the House of Representatives of the State of erage of marriage and family therapist serv- H.J. Res. 32. A joint resolution proposing Michigan, relative to Resolution No. 33 me- ices under part B of the Medicare Program, an amendment to the Constitution of the morializing the Congress of the United and for other purposes; to the Committee on United States relating to equality of rights States to enact President Bush’s tax relief Energy and Commerce, and in addition to and reproductive rights; to the Committee plan; to the Committee on Ways and Means. the Committee on Ways and Means, for a pe- on the Judiciary. 5. Also, a memorial of the Senate of the riod to be subsequently determined by the By Mr. JACKSON of Illinois: State of Michigan, relative to Resolution No. Speaker, in each case for consideration of H.J. Res. 33. A joint resolution proposing 15 memorializing the United States Congress such provisions as fall within the jurisdic- an amendment to the Constitution of the to enact President Bush’s tax relief plan; to tion of the committee concerned. United States respecting the right to a the Committee on Ways and Means.

VerDate 23-FEB-2001 01:53 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\L06MR7.100 pfrm02 PsN: H06PT1 H650 CONGRESSIONAL RECORD — HOUSE March 6, 2001 PRIVATE BILLS AND H.R. 244: Mr. STUPAK, Ms. MCKINNEY, Mr. Mr. HOLT, Ms. KAPTUR, Mrs. MEEK of Florida, RESOLUTIONS LARSON of Connecticut, Mr. FROST, Mr. Mr. GREEN of Wisconsin, Mrs. THURMAN, Mr. TURNER, and Mr. FATTAH. GUTKNECHT, Mr. BALDACCI, Mr. BLAGOJEVICH, Under clause 3 of rule XII, private H.R. 245: Mr. ROSS, Mr. EVANS, Mr. Mr. BOEHLERT, Mr. HULSHOF, Mr. DEAL of bills and resolutions of the following KUCINICH, Ms. RIVERS, and Mr. ABERCROMBIE. Georgia, Mrs. MYRICK, Mr. OSBORNE, Mr. titles were introduced and severally re- H.R. 250: Mr. PASTOR, Mrs. MINK of Hawaii, ISAKSON, Mr. HORN, and Mr. BILIRAKIS. ferred, as follows: Ms. SCHAKOWSKY, Mr. MANZULLO, Mr. WAT- H.R. 526: Mr. DEFAZIO, Mr. ALLEN, Mr. By Mr. FRANK: KINS, Mr. SHAYS, Mr. NETHERCUTT, Mr. PICK- DOYLE, Mr. KILDEE, Mr. MCGOVERN, Mr. LAN- H.R. 904. A bill for the relief of Paul Green; ERING, Mr. RODRIGUEZ, Mr. COLLINS, Mr. CON- TOS, Mr. MOAKLEY, Mr. CLAY, Mr. HINCHEY, to the Committee on the Judiciary. YERS, Mr. VISCLOSKY, Mr. CLAY, Mr. MCINNIS, Mr. FROST, Mr. BRADY of Texas, Ms. SLAUGH- By Mr. FRANK: Mr. RAMSTAD, and Mr. GRUCCI. TER, and Mr. HOYER. H.R. 905. A bill to provide for the relief of H.R. 259: Mr. JONES of North Carolina. H.R. 536: Ms. JACKSON-LEE of Texas, Mr. Kathy Barrett; to the Committee on the Ju- H.R. 265: Ms. MCKINNEY, Mr. BACA, Ms. JENKINS, Ms. CARSON of Indiana, and Mr. diciary. SCHAKOWSKY, Mrs. CHRISTENSEN, Mr. MCGOV- POMEROY. ERN, Mr. KUCINICH, and Mr. BONIOR. H.R. 557: Mr. HAYES, Mrs. MYRICK, and Mr. f H.R. 267: Mr. BOEHLERT and Ms. DELAURO. BALLENGER. ADDITIONAL SPONSORS H.R. 286: Mr. SANDERS and Ms. CARSON of H.R. 561: Mrs. MALONEY of New York. Indiana. H.R. 565: Ms. DELAURO. Under clause 7 of rule XII, sponsors H.R. 287: Ms. CARSON of Indiana. H.R. 573: Mr. BOUCHER, Mr. EVANS, Ms. were added to public bills and resolu- H.R. 290: Ms. JACKSON-LEE of Texas. CARSON of Indiana, Ms. BROWN of Florida, tions as follows: H.R. 301: Mr. ABERCROMBIE. Mr. CLEMENT, Ms. LEE, Mr. BLAGOJEVICH, Mr. TOWNS, and Mr. PAYNE. H.R. 3: Mr. HASTERT, Mr. ARMEY, Mr. H.R. 302: Mr. ABERCROMBIE. H.R. 577: Mr. BURTON of Indiana, Mr. PETRI, DELAY, Mr. DREIER, Mr. WATTS of Oklahoma, H.R. 303: Mr. GREEN of Texas, Mr. TURNER, Mr. SESSIONS, and Mr. SMITH of New Jersey. Mr. COX, Mr. CRANE, Mr. SHAW, Mrs. JOHNSON Mr. LATHAM, Mr. PLATTS, Mr. JEFFERSON, H.R. 585: Mr. HINCHEY, Mr. TRAFICANT, and of Connecticut, Mr. HOUGHTON, Mr. HERGER, Mr. BISHOP, Mr. BRYANT, Mr. HOEFFEL, Mr. Mr. BALDACCI. Mr. MCCRERY, Mr. CAMP, Mr. RAMSTAD, Mr. SHERMAN, Mr. NADLER, Mr. BAIRD, Mr. H.R. 590: Mr. GUTIERREZ, Mr. GONZALEZ, NUSSLE, Mr. SAM JOHNSON of Texas, Ms. BROWN of South Carolina, and Mr. RANGEL. and Mr. PAYNE. DUNN, Mr. COLLINS, Mr. PORTMAN, Mr. H.R. 320: Mr. MOLLOHAN. H.R. 326: Ms. CARSON of Indiana, Mr. H.R. 594: Mr. UNDERWOOD. ENGLISH, Mr. WATKINS, Mr. HAYWORTH, Mr. LAUGHTER OYLE EXLER ELA´ ZQUEZ H.R. 595: Ms. S , Mr. D , Mr. WELLER, Mr. HULSHOF, Mr. MCINNIS, Mr. W , and Ms. V . H.R. 340: Mr. MOAKLEY, Ms. CARSON of Indi- SANDERS, Mr. FRANK, and Mrs. MINK of Ha- LEWIS of Kentucky, Mr. FOLEY, Mr. BRADY of ana, and Mr. GONZALEZ. waii. Texas, Mr. RYAN of Wisconsin, Mr. TOM H.R. 600: Mr. PLATTS, Mr. BACA, Mr. JONES H.R. 346: Mr. PAYNE. DAVIS of Virginia, Ms. PRYCE of Ohio, and H.R. 348: Mr. BECERRA, Mr. BERMAN, Ms. of North Carolina, Ms. DUNN, and Mr. FROST. Mrs. CUBIN. H.R. 606: Mr. LANTOS and Mr. LEVIN. BERKLEY, Mr. BONIOR, Mr. BLAGOJEVICH, Mr. H.R. 12: Mr. DEMINT, Mr. UDALL of Colo- H.R. 608: Mr. FATTAH. BRADY of Pennsylvania, Ms. BROWN of Flor- rado, Mr. HOEFFEL, and Ms. BALDWIN. H.R. 609: Mr. TURNER, Mr. CLEMENT, Mr. ida, Mrs. CHRISTENSEN, Mr. DAVIS of Illinois, H.R. 17: Mrs. CLAYTON, Mr. ANDREWS, and MASCARA, and Mr. RANGEL. Mr. DELAHUNT, Ms. DELAURO, Mr. FILNER, Mr. BONIOR. H.R. 612: Mr. CRAMER, Mrs. MINK of Hawaii, Mr. FROST, Mr. HINCHEY, Mr. KUCINICH, Mr. H.R. 25: Mr. BALDACCI, Mr. WALSH, and Mr. Mr. FOLEY, Mr. STRICKLAND, Mr. RYUN of LAMPSON, Mr. LEWIS of Georgia, Ms. QUINN. Kansas, Mr. SIMMONS, Mr. DEUTSCH, Ms. LOFGREN, Mr. MCGOVERN, Mr. MCNULTY, H.R. 27: Mr. LEWIS of Kentucky. VELA´ ZQUEZ, Mr. KING, Mr. CANNON, and Mr. Mrs. MEEK of Florida, Mr. MEEHAN, Ms. H.R. 28: Ms. WATERS, Mr. BENTSEN, Mr. FALEOMAVAEGA. MILLENDER-MCDONALD, Mr. GEORGE MILLER TURNER, Mr. CONDIT, Mr. BAIRD, Mr. KILDEE, H.R. 613: Mr. WOLF and Mr. SMITH of New and Ms. EDDIE BERNICE JOHNSON of Texas. of California, Mrs. MINK of Hawaii, Mr. Jersey. H.R. 41: Mr. CAMP, Mr. HORN, Mr. BECERRA, MOAKLEY, Mrs. NAPOLITANO, Mr. OWENS, Mr. H.R. 622: Mr. STRICKLAND, Mr. JONES of Mr. GORDON, Mr. LEWIS of Kentucky, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR, Ms. North Carolina, Mr. LARGENT, Mr. LATHAM, CRANE, Mr. JEFFERSON, Mr. GREEN of Texas, ROS-LEHTINEN, Mr. RUSH, Mr. SERRANO, Ms. Mr. THUNE, Ms. CARSON of Indiana, Mr. FER- Mr. ARMEY, and Ms. MCCARTHY of Missouri. SOLIS, Mr. SHAYS, Mr. STARK, and Mr. WYNN. GUSON, and Mr. CALVERT. H.R. 61: Ms. JACKSON-LEE of Texas. H.R. 356: Mr. WELDON of Pennsylvania, Mr. H.R. 624: Mr. CAMP, Mr. GREEN of Wis- H.R. 65: Mr. GREEN of Texas, Mr. TURNER, EVANS, Mr. SMITH of New Jersey, Mr. consin, Ms. MCCARTHY of Missouri, Mr. Mr. BRYANT, and Mr. RANGEL. CUNNINGHAM, Mr. CAPUANO, Mr. GIBBONS, and KLECZKA, Mr. LUCAS of Kentucky, Mr. SNY- H.R. 90: Mr. SCHIFF and Mr. ROSS. Mr. ROSS. DER, Mr. SMITH of New Jersey, Mr. GREEN of H.R. 107: Mr. GIBBONS. H.R. 364: Mr. MICA, Mr. KELLER, and Mr. Texas, Mr. KENNEDY of Rhode Island, Mr. H.R. 134: Mr. LEVIN. SCARBOROUGH. GORDON, Mr. HANSEN, Mrs. MORELLA, Mr. H.R. 366: Mr. STARK. H.R. 168: Mr. FERGUSON. STARK, and Mr. NEY. H.R. 179: Mr. BILIRAKIS, Mr. BONILLA, Ms. H.R. 368: Mr. SMITH of New Jersey. H.R. 630: Ms. MCCARTHY of Missouri, Ms. H.R. 386: Mr. TANCREDO. CARSON of Indiana, Mr. ENGEL, Mr. FER- CARSON of Indiana, and Mr. GRUCCI. GUSON, Mr. HOYER, Ms. EDDIE BERNICE JOHN- H.R. 396: Mr. MCHUGH, Mr. DEAL of Geor- H.R. 638: Ms. RIVERS, Mr. HINCHEY, Ms. SON of Texas, Mr. PLATTS, Mr. ROSS, Mr. gia, Mr. ADERHOLT, Mr. HILLIARD, Mr. RILEY, NORTON, and Mr. CLAY. SISISKY, and Ms. VELA´ ZQUEZ. Mr. SCHAFFER, Mr. CRAMER, Mr. HAYES, Mr. H.R. 650: Mr. ISSA. H.R. 184: Mr. PETERSON of Minnesota, Mr. CALLAHAN, Mr. HINOJOSA, Mr. WATKINS, Mr. H.R. 654: Mr. KUCINICH, Mr. PASTOR, and SKEEN, Mr. HOEFFEL, Mr. FROST, Ms. LEE, BROWN of South Carolina, and Mrs. EMERSON. Mrs. NAPOLITANO. and Mr. FATTAH. H.R. 419: Mrs. THURMAN. H.R. 664: Mr. EVANS, Mr. SMITH of Wash- H.R. 185: Ms. WATERS and Mr. THOMPSON of H.R. 429: Mr. CUMMINGS. ington, Mr. LUCAS of Kentucky, Mrs. WILSON, California. H.R. 457: Mr. NORWOOD, Mr. DEFAZIO, and Mrs. JO ANN DAVIS of Virginia, Mr. TIERNEY, H.R. 187: Mr. MORAN of Kansas, Mr. KAN- Mr. BLAGOJEVICH. Mr. STRICKLAND, Mrs. CAPPS, Mr. HOEFFEL, JORSKI, and Mr. PASCRELL. H.R. 458: Mr. GOODLATTE. Mr. ROTHMAN, Mr. JENKINS, and Mr. TURNER. H.R. 189: Mr. PAUL. H.R. 459: Mr. UDALL of New Mexico and Mr. H.R. 675: Ms. ROS-LEHTINEN, Mr. WEXLER, H.R. 190: Mr. SHADEGG and Mr. OTTER. LEWIS of California. Mr. ANDREWS, and Mr. EVANS. H.R. 214: Mr. GRAVES, Mr. BURTON of Indi- H.R. 466: Ms. CARSON of Indiana. H.R. 678: Ms. LEE, Ms. HOOLEY of Oregon, ana, Mr. BALDACCI, Mr. SMITH of New Jersey, H.R. 476: Mr. SKELTON and Mr. SMITH of Ms. CARSON of Indiana, Mr. PAYNE, and Mr. and Mr. ENGLISH. New Jersey. PALLONE. H.R. 218: Mr. SKEEN, Mr. JONES of North H.R. 488: Mr. WYNN, Mr. HOEFFEL, Mr. NEAL H.R. 680: Ms. NORTON. Carolina, Mr. FOLEY, and Mr. LUCAS of Ken- of Massachusetts, and Ms. JACKSON-LEE of H.R. 681: Ms. NORTON. tucky. Texas. H.R. 683: Ms. SLAUGHTER, Ms. ESHOO, Ms. H.R. 220: Mr. FOLEY. H.R. 500: Ms. SOLIS, Ms. JACKSON-LEE of HOOLEY of Oregon, Mr. BLAGOJEVICH, Mr. H.R. 224: Mr. CARSON of Oklahoma and Mr. Texas, Mr. OWENS, Mrs. NAPOLITANO, Mr. THOMPSON of California, Mr. GEPHARDT, Mrs. PALLONE. BACA, and Ms. VELAZQUEZ. JONES of Ohio, Mr. SMITH of New Jersey, Mr. H.R. 225: Mr. HASTINGS of Florida. H.R. 503: Mr. PLATTS and Mr. COOKSEY. TIERNEY, and Mr. BONIOR. H.R. 228: Mr. MCINTYRE, Ms. DELAURO, Mr. H.R. 510: Mr. WAXMAN, Mr. MCGOVERN, Mr. H.R. 687: Ms. RIVERS, Mr. CLEMENT, Mr. STUPAK, Mr. WOLF, Mr. HINCHEY, Mr. WICKER, OBERSTAR, Mr. HOLDEN, Mr. COOKSEY, Mr. DAVIS of Illinois, Ms. LEE, Mr. NADLER, and Mr. EDWARDS, Mr. BISHOP, Mr. BALDACCI, and CANNON, Mr. UDALL of New Mexico, Mrs. Ms. CARSON of Indiana. Mr. FROST. MCCARTHY of New York, Mr. KINGSTON, Mr. H.R. 699: Mr. SMITH of New Jersey, Mr. H.R. 236: Mr. BEREUTER, Mrs. JO ANN DAVIS BARTON of Texas, Mr. RAHALL, Mr. RAMSTAD, WHITFIELD, Mr. BILIRAKIS, Ms. MCKINNEY, of Virginia, Mr. COSTELLO, Mr. ROEMER, Mr. Mr. MASCARA, Ms. MCKINNEY, Mr. STENHOLM, Mr. JENKINS, Mr. TURNER, Mr. BOUCHER, Mr. MORAN of Virginia, Mr. OXLEY, Mr. UDALL of Mr. WOLF, Mr. FROST, Mr. STUPAK, Ms. SHOWS, and Mr. FROST. New Mexico, Mr. KERNS, and Mr. SCHAKOWSKY, Mr. EDWARDS, Mrs. H.R. 704: Ms. ESHOO, Mr. RADANOVICH, and LATOURETTE. CHRISTENSEN, Mr. NEAL of Massachusetts, Mr. SHIMKUS.

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H.R. 712: Mr. GOODE, Mr. LAHOOD, Ms. H.R. 746: Mr. BLUNT, Mr. HOEFFEL, Mr. H.R. 837: Mr. KUCINICH. MCKINNEY, Mr. TURNER, Mrs. CAPPS, Mr. TURNER, Mr. HOLDEN, and Mr. ROSS. H.J. Res. 20: Mr. HALL of Texas, Mr. FROST, Ms. KILPATRICK, Mr. SHERMAN, Mr. H.R. 756: Ms. MCCARTHY of Missouri, Mr. STEARNS, Mr. PITTS, and Mr. SMITH of New MORAN of Virginia, and Mr. MCGOVERN. FROST, and Mr. DAVIS of Illinois. H.R. 714: Ms. MCCARTHY of Missouri, Mrs. H.R. 757: Mr. ENGEL and Ms. VELA´ ZQUEZ. Jersey. MALONEY of New York, Ms. LEE, Mr. CROW- H.R. 758: Ms. NORTON, Mr. DAVIS of Illinois, H.J. Res. 22: Ms. KAPTUR. LEY, and Mr. BONIOR. Mr. BONIOR, Mr. PAYNE, and Mr. BRADY of H. Con. Res. 25: Mr. TANCREDO, Ms. CARSON H.R. 717: Mr. SHOWS, Mr. OBERSTAR, Mr. Pennsylvania. BONIOR, Mr. LAFALCE, Mr. KANJORSKI, Mr. H.R. 759: Mr. BOUCHER. of Indiana, Mr. GUTIERREZ, and Mr. ALLEN, Mr. HALL of Ohio, Ms. CAPITO, Mr. H.R. 762: Mr. SMITH of New Jersey, Mr. MCDERMOTT. WU, Mr. COSTELLO, Mr. HOEKSTRA, Mr. AN- HALL of Ohio, Mr. FATTAH, and Ms. DELAURO. H. Con. Res. 31: Mr. LUCAS of Kentucky and H.R. 769: Mr. MCINTYRE and Mr. CHAMBLISS. DREWS, Mr. ROYCE, Mr. HAYWORTH, Mr. Mr. UNDERWOOD. PORTMAN, Mrs. NORTHUP, Mr. SMITH of New H.R. 770: Mr. SPRATT and Mr. CLAY. Jersey, Mr. STARK, and Mr. ETHERIDGE. H.R. 775: Mr. CUMMINGS, Mr. SPRATT, Mrs. H. Con. Res. 38: Ms. CARSON of Indiana. CLAYTON, Mr. WAXMAN, Mr. CARDIN, and Mr. H.R. 726: Mr. STARK. H. Con. Res. 42: Mr. FROST, Mr. WEXLER, STARK. H.R. 730: Ms. CARSON of Indiana and Mr. Mr. BONIOR, and Mr. MENENDEZ. CAPUANO. H.R. 778: Mr. BLAGOJEVICH, Mr. INSLEE, Mr. H.R. 737: Mr. MORAN of Kansas. DELAHUNT, Mr. SMITH of New Jersey, Mr. H. Res. 13: Mr. CLEMENT, Mr. BLAGOJEVICH, H.R. 740: Mr. CONYERS. ABERCROMBIE, and Mr. MCHUGH. and Mr. MCINTYRE. H.R. 741: Mr. CONYERS. H.R. 781: Mrs. MORELLA. H. Res. 35: Ms. CARSON of Indiana. H.R. 744: Mr. HILLEARY, Mr. WAMP, Mr. H.R. 792: Ms. SLAUGHTER, Ms. CARSON of In- ENGLISH, Mr. PAUL, Mr. SESSIONS, Mrs. JOHN- diana, Mr. MCHUGH, Mr. VITTER, and Mr. H. Res. 52: Mr. MILLER of Florida and Mr. SON of Connecticut, and Mr. MENENDEZ. WEXLER. GOODLATTE.

VerDate 23-FEB-2001 01:53 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.031 pfrm02 PsN: H06PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, MARCH 6, 2001 No. 28 Senate The Senate met at 10 a.m. and was lic for which it stands, one nation under God, RESERVATION OF LEADER TIME indivisible, with liberty and justice for all. called to order by the Honorable CON- The ACTING PRESIDENT pro tem- RAD R. BURNS, a Senator from the f pore. Under the previous order, the State of Montana. APPOINTMENT OF ACTING leadership time is reserved. PRAYER PRESIDENT PRO TEMPORE f The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The MOTION TO PROCEED—S.J. RES. 6 Ogilvie, offered the following prayer: clerk will please read a communication Mr. LOTT. Pursuant to the Congres- O God, who in the work of creation to the Senate from the President pro sional Review Act, I now move to pro- commanded light to shine out of dark- tempore (Mr. THURMOND). ceed to the consideration of Calendar ness, shine in our minds. You have The assistant legislative clerk read No. 18, S.J. Res. 6. given us the gift of intellect to think the following letter: The ACTING PRESIDENT pro tem- things through in the light of Your U.S. SENATE, pore. The motion to proceed is not de- guidance. Dispel the darkness of doubt RESIDENT PRO TEMPORE P , batable. The question is on agreeing to and the petulance of prejudice so that Washington, DC, March 6, 2001. the motion. we may know what righteousness and To the Senate: The motion was agreed to. justice demand. We pray with Soren Under the provisions of rule I, section 3, of Mr. LOTT. Mr. President, I under- Kierkegaard: Give us weak eyes for the Standing Rules of the Senate, I hereby ONRAD URNS stand the joint resolution is now pend- things which are of no account and appoint the Honorable C R. B , a Senator from the State of Montana, to per- ing and has up to 10 hours of debate to clear eyes for all Your truth. form the duties of the Chair. be equally divided in the usual form. I Bless the Senators today as they STROM THURMOND, seek Your truth in the issues before see there are Senators on the floor President pro tempore. ready to go forward with this discus- them. Place in their minds clear dis- Mr. BURNS thereupon assumed the cernment of what is Your will for our sion. chair as Acting President pro tempore. beloved Nation. May they constantly I yield the control of the majority’s pray with the Psalmist: Lead me, O f time to the assistant majority leader, the distinguished Senator from Okla- Lord, in Your righteousness, make RECOGNITION OF THE MAJORITY homa, Mr. NICKLES Your way straight before my face. Help LEADER . them to look ahead to every detail of f The ACTING PRESIDENT pro tem- the day and picture You guiding their pore. The Chair recognizes the major- DISAPPROVAL OF DEPARTMENT steps, shaping their attitudes, inspiring ity leader, the Senator from Mis- OF LABOR ERGONOMICS RULE their thoughts, and enabling dynamic sissippi. leadership. May the vision of You guid- The ACTING PRESIDENT pro tem- ing them be equaled by the momentary f pore. The clerk will report the joint resolution. power You provide. Give us wisdom to SCHEDULE perceive You, diligence to seek You, The legislative clerk read as follows: Mr. LOTT. Mr. President, today the patience to wait for You, hearts to re- A joint resolution (S.J. Res. 6) providing Senate will consider Senate Joint Res- ceive You, and the opportunity to serve for congressional disapproval of the rules olution 6, the ergonomics disapproval submitted by the Department of Labor under You. We ask Your continued care and resolution. Under the provisions of the chapter 8 of title 5, United States Code, re- lating to ergonomics. healing for our Vice President, DICK Congressional Review Act, there will CHENEY. Now we commit this day and be up to 10 hours of debate. A vote on The ACTING PRESIDENT pro tem- all of its opportunities and responsibil- the resolution is expected this evening pore. The Senator from Oklahoma. ities to You. Through our Lord and our or possibly during tomorrow morning’s Mr. NICKLES. Mr. President, I yield Saviour. Amen. session. As a reminder, the Senate will to the Senator from Vermont such recess from 12:30 p.m. to 2:15 p.m. for time as he may desire. f the weekly party conference meetings. The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE At the completion of the disapproval pore. The Senator from Vermont is rec- The Honorable TIM HUTCHINSON, a resolution, the Senate will resume con- ognized. Senator from the State of Arkansas, sideration of the Bankruptcy Reform Mr. JEFFORDS. Mr. President, I rise led the Pledge of Allegiance, as follows: Act. today to address S.J. Res. 6, which pro- I pledge allegiance to the Flag of the I thank my colleagues for their at- vides for congressional disapproval of United States of America, and to the Repub- tention and cooperation in this matter. the Occupational Safety and Health

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1831

.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1832 CONGRESSIONAL RECORD — SENATE March 6, 2001 Administration’s recently promulgated a role, and a responsibility, in leading The Congressional Review Act pro- ergonomics standard. This action is the attack on these crippling work- vides, in relevant part, that a rule viti- being taken pursuant to the Congres- place injuries. ated by enactment of a Joint Resolu- sional Review Act provisions incor- OSHA must not give up its place at tion of Disapproval ‘‘. . . may not be porated into the APA in 1996. If suc- the vanguard of the assault on work- reissued in substantially the same cessful, it will be the first time that place MSDs because of the short- form, and a new rule that is substan- the CRA has been used to invalidate an comings of the Clinton Administra- tially the same as such a rule may not agency regulation. It will send a strong tion’s ergonomics standard. I urge be issued, unless the reissued or new message to Federal agencies that Con- Labor Secretary Chao, in the strongest rule is specifically authorized by a law gress is serious that the intent of the possible way, to investigate and con- enacted after the date of the joint reso- CRA—that agencies issue more flexible sider all options, including initiation lution disapproving the original rule.’’ and less burdensome rules, and be more of additional rulemaking, if warranted, While this language appears clear on responsive, and open, to input from the as part of an all out effort to seek solu- its face, it is being misinterpreted to regulated public—is followed. tions for this type of debilitating in- mean that OSHA cannot regulate in I will leave it to my colleagues to jury. I have received a letter from Sec- the ‘‘area’’ covered by the disapproved discuss the numerous problems with retary Chao. I ask unanimous consent rule. the Clinton Administration’s regula- that it be printed in the RECORD. There is no basis nor justification for tion, such as its flawed rulemaking There being no objection, the letter this interpretation of the CRA provi- process, its extraordinary potential was ordered to be printed in the sion. Where I have seen it mentioned— costs, its encroachment on state ad- RECORD, as follows: for example, in a March, 1999 CRS re- ministered workers compensation pro- DEAR CHAIRMAN JEFFORDS: It is my under- port—there is no citation of authority grams, and its complexities and vague- standing that the Senate will soon consider to support that interpretation. Indeed, ness to the point of unworkability. I a Joint Resolution of Disapproval pertaining it appears to have been created out of have to note, however, that the to the Occupational Safety and Health Ad- whole cloth or thin air. The better—in ergonomics rule certainly qualifies as a ministration’s (OSHA) ergonomics standard. fact, correct—interpretation, provided As you are aware, the Congressional Review ‘‘midnight’’ regulation, which is ex- Act of 1996 gives Congress the authority to by the actual language of the Statute actly the sort of rulemaking that, in vitiate this standard and permanently pre- is that a disapproved rule cannot be great part, led to enactment of the vent OSHA from promulgating a rule in sub- issued ‘‘in substantially the same CRA. And I note further that the CRA stantially the same form. form.’’ is not radical legislation. In fact, it Let me assure you that, in the event a The intent, and thrust, of this lan- passed with broad bipartisan support, Joint Resolution of Disapproval becomes guage is made clear in a joint state- was signed by a Democratic President, law, I intend to pursue a comprehensive ap- ment, by Senators NICKLES, REID of Ne- proach to ergonomics, which may include and earlier versions of the legislation vada, and STEVENS, submitted for the new rulemaking, that addresses the concerns RECORD on April 18, 1996. The purpose twice passed the House and four times levied against the current standards. the Senate. This approach will provide employers with of the Joint Statement was to provide Passage of the CRA was an exercise achievable measures that protect their em- a legislative history for guidance in in- by Congress of its oversight and legis- ployees before injuries occur. Repetitive terpreting the terms of the Congres- lative responsibility. It was intended to stress injuries in the workplace are an im- sional Review Act. The Joint State- compel bureaucrats to consider the portant problem. I recognize this critical ment indicates that the ‘‘substantially economic effect of their regulations challenge and want you to understand that the same form’’ language that I quoted and to reclaim some of Congress’ pol- the safety and health of our nation’s work- above, was ‘‘necessary to prevent cir- force will always be a priority during my icymaking authority which had been tenure as Secretary. cumvention of a resolution [of] dis- ceded to the executive branch because I look forward to working with each of you approval.’’ Thus, the concern clearly of the increasing complexities of statu- throughout the entire 107th Congress. was that an agency should not be able tory programs, and the resultant reli- Sincerely, to reissue a disapproved rule merely by ance on agency rulemaking. But my ELAINE L. CHAO, making minor changes, thereby claim- purpose today is not to focus on the Secretary of Labor. ing that the reissued regulation was a merits of the Congressional Review Mr. JEFFORDS. I am heartened by different entity. Act. the letter from the Secretary of Labor. This interpretation is confirmed by OSHA has admitted that repetitive It indicates that the Administration further discussion in the joint state- stress injuries have declined 22 percent recognizes there is a problem and is ment about the differing impact a dis- over the last five years. This statistic committed to finding the answer. To approval would have depending upon proves two things: One, that there is a this end, I am dismayed by what ap- whether the law that authorized the musculoskeletal disorder problem in pears to be a systematic campaign of disapproved rule provided broad or nar- the workplace. And two, that employ- misinformation, and I would like to row discretion to the issuing agency re- ers are cognizant of the problem, and dispel the myth being perpetuated by garding the substance of such rule. addressing it. Further, the dramatic re- those who oppose enactment, that Where such underlying law provides duction illustrates that there are ways adoption of this Resolution of Dis- broad discretion, the agency would be to reduce, and perhaps eradicate, MSDs approval will sound the death knell for able to exercise that discretion to issue in the workplace, in part by use of the any future ergonomics regulation. a substantially different rule, but science of ergonomics. OSHA, unfortu- That is not accurate. where the discretion is narrowly cir- nately, has continued to ignore these Contrary to the misinformation cumscribed, the disapproval might lessons and refuses to revise its ap- being circulated, passage of the resolu- work to prevent issuance of another proach that the stick is more effective tion of disapproval will not prevent rule. than the carrot. This is proven by the OSHA from undertaking rulemaking OSHA, of course, has enormously very standard that is before us today. regarding repetitive stress injuries. As broad regulatory authority. Section 6 Again, however, the most important I have already stated, I believe that of the OSH Act is a grant of broad au- fact that can be taken from the em- rulemaking is an option that should be thority to issue workplace safety and ployers’ successes in combating repet- given serious consideration by the Ad- health standards. To prove this point, itive stress injuries over the past few ministration. Secretary Chao agrees. one need look no farther than the scope years is that apparently there are In fact, by jettisoning this burdensome of the ergonomics regulation before us. methods available to attack this severe and unworkable standard, we will be OSHA, in fact, considers its authority problem. We must continue to encour- eliminating a roadblock to consider- so broad that it ignored, in issuing its age the development of these innova- ation of more responsible approaches ergo standard, the clear statutory tive approaches. At the same time, we directed at resolving the workplace mandate in section 4 of the OSH Act must not lose sight of the fact that the MSD puzzle. One approach could well not to regulate in the area of work- administration and the Occupational include promulgation of a more reason- men’s compensation law. And the defi- Safety and Health Administration have able and workable ergo standard. nition of ‘‘occupational safety and

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1833 health standard,’’ in section 3(8) of the agencies go too far? Sometimes it is this legislation. See how extensive and Act, is further indicative of the discre- their own fault. Sometimes we tell expensive it is. This is probably the tion granted to the agency. I am con- them, to pass some regulation and most expensive, intrusive regulation vinced that the CRA will not act as an make the world safer, sounder, cleaner, ever promulgated, certainly by the De- impediment to OSHA should the agen- whatever, without considering the cost partment of Labor—maybe by any de- cy decide to engage in ergonomics rule- or impact. We have done that in Con- partment. It deals with the issue of re- making. gress. petitive motion injuries. It is wide Some might question why now utilize What we did when we passed the Con- open. It could be somebody typing at a the Congressional Review Act dis- gressional Review Act was say we desk, somebody standing at a checkout approval procedures instead of review- should review those regulations if they line, somebody stacking groceries, ing or amending the ergo standard have an economic impact in excess of somebody moving things on trucks. It through other means, such as addi- $100 million and find out how does this could apply to almost any job in Amer- tional notice and comment rule- make sense. Is it a good deal? Is it a ica. It can be enormously expensive. making, or by permitting the legal good deal for the economy? Is it a good Federal bureaucrats are saying you challenges to be brought to conclusion. deal for taxpayers to invest this kind can do this; you can’t do that. You can The answer is simple. The CRA is being of money? Congress should have a say. only move 25 pounds 25 times a day. A used in precisely the manner Congress The bureaucrats who write the regu- grocery store may have to hire 10 times intended. lations are not elected; we are. That as many people to stock the grocery As noted in the April 18, 1996 Joint was the purpose of the Congressional store. A moving company has to move Report, certain timing provisions in Review Act. This is the first time we a lot of things. Employees would say: I the CRA were put in place ‘‘. . . to try will utilize that act. I believe in this have to stop; it is 8:25, but I have al- to provide Congress with an oppor- case the regulation promulgated by the ready moved 25 things. Time out. Hire tunity to act on resolutions of dis- Clinton administration in the Federal more people. Oops, can’t do that; we approval before regulated parties must Register, dated November 14, 2000, need more people; we need to hire more invest the significant resources nec- which is over 6,000 pages long, went too people. Oops, we have to go out of busi- essary to comply with a major rule.’’ far. All legislators who believe in divi- ness because we cannot comply with And, I might add, scarce agency re- sion of power when reviewing this regu- this rule. sources are also a concern. The stand- lation will say the Clinton administra- ard before us certainly is a major rule, tion, in its last 4 days, went way too There is no way in the world a lot of and the estimated compliance costs are far and exceeded their constitutional companies can comply with this rule. huge. authority. The President is President; We would be putting them out of work For all of the reasons stated above, I he is not chief legislator. or out of compliance, certainly liable believe that OSHA’s ergonomics stand- In this legislation, in this regulation, for a lot of money and expense for a ard presents the ideal case in which to they went into legislating. They went regulation that goes way too far. exercise the disapproval provisions of into devising a Federal system of work- My primary argument to my col- the Congressional Review Act. An over ers compensation. leagues is nobody in OSHA was elected broad, vague, and unworkable standard If Members want to pass a Federal to legislate. We are elected to legislate. may act as a disincentive to develop- workers compensation law, introduce a We, Members of Congress, are the legis- ment of reasonable and rational ap- bill. It would go, I assume, to the Edu- lative branch. Read the Constitution. proaches to a serious problem. In addi- cation and Labor Committee. It would Article I says Congress shall enact all tion, huge compliance costs do not en- be marked up. Have that process go laws. It does not say: unelected bureau- courage compliance and, in fact, may forward if we are going to pass Federal crats, you write a law, try and get it be beyond the resources of many small workers compensation. enacted, try and get it passed by legis- businesses. This may be the case where I have asked a couple of former Gov- lation. no standard is preferable to the stand- ernors on the Democrat side if they On January 16, in the last couple of ard promulgated by OSHA. But I am knew there was Federal workers com- days of the Clinton administration, convinced that this is not the bottom pensation in the ergonomic standard. this was a major gift to organized line. OSHA can issue another Do they know this has a compensation labor, saying, go ahead and legislate ergonomics standard. I urge the sec- system that is much greater than most the last couple days. retary of Labor to consider this option. State workers compensation laws? No, we are the legislative body. If we I yield the floor. Most Senators answered no. want to legislate in this area, intro- The ACTING PRESIDENT pro tem- This has Federal workers compensa- duce a bill and we will consider it. pore. The Senator from Oklahoma is tion that supersedes State worker com- Let’s not have, as in the last couple of recognized. pensation laws. If you have any respect days of the Clinton administration, a Mr. NICKLES. Mr. President, I tell for the Constitution, if you have any regulation with costs ranging in excess my friend from Massachusetts I will be respect for Members as legislators, you of $100 billion a year. Let’s not let that brief because he has a lengthy state- should say no bureaucrat, no official in happen. Let’s not supersede State ment. Let me make a few brief com- the Department of Labor—who, inci- worker compensation laws. ments. We have 10 hours of debate on dentally, is probably not there any- the issue under the Congressional Re- more—can make that kind of imposi- It will be interesting to see how view Act. I expect we will be going tion. That requires Federal legislative former State Governors and State offi- back and forth. That is 5 hours on each action. If someone wants to promul- cials vote on this issue. Do they really side. We can have ample debate and gate that kind of rule, let them intro- want the Federal Government to super- discussion. I think that is healthy and duce this as a statute. Let’s debate it. sede State workers compensation laws? very good. I don’t think anyone will debate it. I say the answer is no. One of the reasons Senator REID and This is not defensible. How in the world I urge all my colleagues, especially I worked so hard and we passed the can you come up with a Federal work- colleagues on the Democrat side—my Congressional Review Act was that ers comp law that supersedes State law colleagues on the Republican side are Congress would review regulations that that is more generous? It might be pro- perhaps more familiar with this issue— had a negative impact or an impact on posed, but my guess is it would never I urge my colleagues on the Democrat the economy in excess of $100 million a pass, nor should it. side to review this. Do you really want year. That makes sense. The idea of, Yet in this case we have unelected to have a Federal workers compensa- wait a minute, should you have regu- bureaucrats who say: Let’s make this tion law passed by regulation super- latory agencies passing measures that the law of the land. Is he super Sen- seding State worker compensation have a profound impact on the econ- ator? Is he super legislator? Where did laws? I think not. I certainly hope not. omy without holding Congress ac- he get this kind of authority? If that is the case, we have delegated so countable? Congress should have some I appeal to my colleagues, Democrat much power to the regulatory agencies say. And sometimes do the regulatory or Republican, review the contents of we should be ashamed of ourselves.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1834 CONGRESSIONAL RECORD — SENATE March 6, 2001 I urge my colleagues to review this workers. It is in an area in which there utes to read through them. Eight pages statute. That is what the Congres- is a growing problem and a growing of regulations—the rest is support. sional Review Act is all about. Let’s re- concern because of the increased num- It is not the Department of Labor view it. Let’s talk about it today. Let’s bers of ergonomic injuries. In a period talking about $4 billion of expendi- find out how intrusive it is, today. of some 10 hours we are going to under- tures. It is the Department of Labor Let’s find out if it really is the Federal mine the efforts of the Department of talking about $4 billion of savings. It is Government taking the place of Con- Labor and OSHA over a period of 10 a big difference. We have to get our gress in the legislative field. I believe years. Some have made the comments, facts straight. they went way too far. We did intro- rather cavalierly, that this is a offhand The same applies to the workers duce a bill 4 or 5 years ago, Senator rule that was developed in the final compensation provision. This does not REID and myself, and it passed both hours of the Clinton administration. Of undermine States’ workers compensa- Houses of Congress overwhelmingly, course that is a complete distortion tion. It has virtually nothing to do signed by President Clinton. It is a and a complete misrepresentation, as with workers compensation, other than good law. It was written for such items are a number of the other recent com- what has been done traditionally with as this. This is an excellent time to re- ments I have heard. I will respond to other kinds of OSHA rules and regula- view this regulation and stop it. them in some detail at this time. tions such as for cadmium and lead. Does that mean we are for ergonomic It is important to note there has There has not been an uproar from injuries? No. Does that mean we been due process. There are those who the States. I don’t hear any. If the Sen- shouldn’t be taking action in Congress have differed with the rules and regula- ator will have some letters from Gov- and/or in the Department of Labor to tions. You would listen to this part of ernors who talk about how their work- try and minimize ergonomic injuries? the debate and think that those who ers compensation has been destroyed, No. Let’s figure out what can we do are against the rules and regulations uprooted in ways, we would welcome that is affordable, that is doable, that never had an opportunity to make them. We have not seen them. We have doesn’t cost jobs, that does improve their case during the process. Of course not heard from them. I ask our Members to pay close at- worker safety, that does reduce or min- that is basically hogwash because they tention. What is really at risk here is imize worker injury. Let’s work on did have that opportunity. We can also listen to those who say enormously important. that together. Let’s not accept a regu- First of all, we don’t have to be here we have to eliminate these regulations. lation crammed through in the last dealing with this issue. We could be de- Of course there is a process and proce- couple of days of the Clinton adminis- bating the bankruptcy issue. If we dure by which the President can mod- tration that has economic costs in ex- want to be doing that—we will have a ify these rules and regulations, if he cess, maybe, of $100 billion. chance and opportunity to do that doesn’t like them. That is not the path One might ask, where do you get that —but, nonetheless, one of the first or- those who are seeking to overturn figure? OSHA says it might cost $4.5 ders of business we are coming up to is these regulations are taking. The billion. The Clinton administration’s not to look out after minimum wage Small Business Administration said it President of the United States can just workers or an increase in the minimum could cost up to 15 times that amount. file, in the Federal Register, a resolu- wage. No. We don’t have that out here. That is up to $60 billion a year. Busi- tion, effectively, of disapproval, and We are not debating a Patients’ Bill of ness groups having to comply with this wait 60 days and those regulations are Rights. It has been before the Congress say it may well be in excess of $100 bil- effectively suspended. for 5 years. We are not doing that on The Department of Labor could then lion. There is no way to know how the floor of the Senate. No, we are not go about the process through public much this would cost. It would cost going to consider that. We are not de- hearings and alter the regulations. So plenty. It would cost jobs. bating prescription drugs in the Sen- Again, this is something that needs for those who want to bring some ate. to be reviewed by Congress and needs modification and change, who think What are we doing? For the first time to be stopped by Congress. I urge my there ought to be some opportunity to in the history of the Senate, we are colleagues to support this resolution. do something different, that power and talking about repealing protections for For the information of my col- authority is there today. But that is workers who are out there in the work- leagues, the 10-hour clock is running. being rejected by those who want to force of America with a blunderbuss My guess is we can have a vote this overturn any opportunity to provide kind of technique that says, ‘‘We have evening, or we will have a vote tomor- any protection for the millions of the votes, we are going to repeal it, and row morning. People should be on alert Americans who have been adversely af- as a result of that repeal and the statu- we may well work into the evening fected, impacted, and injured by tory provisions, you will not be able to today. Be on guard to expect rollcall ergonomics injuries over the past sev- have any kind of ergonomic protection votes to occur later this evening or to- eral years. That is what we are looking for American workers.’’ morrow morning. at. We have the alternative of trying to I yield the floor. With all the talk we have heard al- change this in a responsible way but, Mr. WELLSTONE. Are we going to ready this morning, and we will hear oh, no, we are going to show a con- alternate back and forth? later on, we could still have the oppor- temptible attitude, an arrogant, con- Mr. NICKLES. As manager, I will tunity to modify and change and adjust temptible attitude towards the Amer- designate Senator HUTCHINSON and and go back and trim the regulations. ican workers by this blunderbuss tech- Senator ENZI to manage on our time. It is a simple process. But, no, that nique that is being proposed by our col- We are happy to alternate back and technique is being rejected. They are leagues on the other side of the aisle. forth. We are happy to accommodate coming in here with a blunderbuss and I listened when Senator REID’s name our colleagues in any way. saying, ‘‘We have the votes, we are was mentioned. He supported the con- Mr. WELLSTONE. I ask unanimous playing hardball’’; effectively, ‘‘we are cept of CRA, but he is strongly opposed consent I be allowed to follow Senator going to give short shrift to the Amer- to the actions being recommended by KENNEDY on our side. ican workers’’—primarily women be- the Republican leadership. Mr. NICKLES. I reserve that. Let’s cause they are the ones most adversely We all have a responsibility to pro- not do that just yet. impacted. We all have a responsibility tect the safety and health of workers The ACTING PRESIDENT pro tem- to them. on the job. Today the most significant pore. The Senator from Massachusetts. I mention to my good friend, when he safety and health problems that work- Mr. KENNEDY. Mr. President, this is talks about 400 pages of regulations— ers face are debilitating and career- a matter of enormous importance and there are 8 pages of regulations; not ending ergonomic injuries. Millions of consequence to America’s workers. It 400, 8 pages of regulations. It is right in workers and their families suffer need- will be the first time in the history of here. If the Senator would want to look lessly. These injuries can be prevented OSHA that Congress has taken action through them, I will be glad to spend by simple, inexpensive changes in the that will effectively terminate the some time. Eight pages of regula- workplace. This rule is about preven- ability of OSHA to protect American tions—it might take someone 20 min- tion, preventing the injury. That is

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1835 what this rule is about. We know the tions are they going to eliminate to- Over our history, and in the early injuries are out there. We know what morrow? We came very close to it 3, 4 years of the last century, we have can be done in order to diminish the years ago, eliminating protective regu- fought long battles for the safety of number of injuries and that is what lations in food safety—the elimination factory workers. We struggled long and this rule targets. of the Delaney clause—and many oth- hard to improve the working condi- The Department of Labor’s solution ers. We came within a vote or two of tions of our mine workers—one of the to this problem has been sound, sen- eliminating those. The same forces are most dangerous jobs in America. We sible, and necessary. It is flexible and out there. took steps to guard against child labor cost-effective for businesses, and it is Today it is the safety in the work- and other abusive practices. overwhelmingly based upon scientific force. Tomorrow it is going to be food, Over the past 10 years, America has evidence. It has the support of vir- health, and well-being, and the air that taken the next important step to pro- tually every health science profes- we breathe and the water that we tect workers against the kinds of inju- sional group and their representatives. drink. Make no mistake about it. The ries that occur in the modern work- Every one of them has supported this greed is unbelievable. That is what it is place—so-called ergonomic injuries. proposal, every one of them—but not all about. What do you think this is Yesterday, workers lost their limbs the Chamber of Commerce and the Na- about? It is about bucks. It is about in factories. Today’s workers suffer tional Association of Manufacturers. money. It is money on the one side; crippling pain in their wrists and in But if you are talking about pro- what the Chamber of Commerce and their hands because of computer key- tecting workers and you are talking the National Association of Manufac- boards. That is an ergonomic injury. about the medical implications and the turers want versus trying to invest and Yesterday, workers were burned in health implications, every organiza- protect American workers. It is greed. steel mills. Today’s workers develop tion that is concerned with that sup- It is money. It says that we are not chronic back injuries from standing ports these proposals. really interested in safety. If they were too long behind the lunch counter, car- If people have differences about the interested in it, they would want to be rying heavy trays of food, and sitting specifics of this solution, we can work responsible. Why do they drop this in for long hours in their offices and them out in a bipartisan way. The the middle of the night? We found out chairs that harm their backs. Those President can stop this regulation and in the magazines and newspapers on are ergonomic injuries. issue a new one if he doesn’t like it. Sunday that this technique was going The resolution before us today is a But in 10 hours of debate today, the Re- to be used now. Why not mention it complete about-face in the long march publicans intend to destroy this crucial and try to work this out? Is this the be- of protecting our workers. In a single protection that was begun over 10 ginning of the process or the end of the vote, we will tell millions of Ameri- years ago by the Secretary of Labor, process? cans—mostly women—that their work Why not bring up the Patients’ Bill Elizabeth Dole. doesn’t matter. This resolution is of Rights? Why not, even though the In the 30 years that the job safety antiworker, antiwoman, antifamily, President indicated a month ago that laws have been in effect, Congress has and it deserves to be soundly defeated. he wanted to work this out? We said never taken away a protection for We all know what is going on. We fine; we will try to work it out. A workers. Listen to me. In the 30 years could have sat down and worked this month has passed. Are we bringing that the job safety law has been in effect, out in a bipartisan way. If President up? No. Not the Republican leadership. Congress has never taken away protec- Bush disagrees with this current regu- No. Oh, no. They are just dropping this tion for workers. This could be the lation, he could issue a new one. But, right out here. ‘‘We have the votes. We first. ‘‘Don’t alter it, don’t change it, instead, our Republican friends took have the votes and are going to pursue don’t modify it—eliminate it. We have the course that hurt workers the it.’’ So they do. the votes. That is what we are going to We protect the public safety by a po- most—banishing this important safety do.’’ This is a contemptible attitude to- lice force, the public health by regu- initiative to the dungeon. wards the working families in this lating prescription drugs and food safe- If you do not like the last adminis- country. ty. We require seatbelts in auto- tration’s approach to worker safety, One of the most essential roles of mobiles. When Americans are at risk, Mr. President, then change it. Don’t government is to protect its citizens. it is the duty of government to do destroy it—because the health and We protect public safety by providing a whatever we can to protect them. That safety of millions of American workers police force. We protect public health is our job. That is our responsibility as is at stake. Otherwise, this may well by regulating prescription drugs and public servants. That is why we have mean that all the talk about a new ci- food safety by rules and regulations by laws and regulations to protect our vility in Washington is just a hoax. In- the FDA. Maybe there are those who citizens in the workplace. stead of helping hard-working families, want to eliminate all the rules and reg- I was in the Senate during the years this resolution is a big ‘‘thank you’’ to ulations. when we heard the same voices we are big business for all their support. It is The FDA isn’t elected either, but hearing from that side of the aisle op- politics at its worst. they have rules and regulations to en- posing the OSHA program. I will tell It leaves the average American work- sure safety and efficacy. We gave them you this. OSHA has reduced the num- er defenseless against today’s work- that power. We gave them that respon- ber of deaths in the workplace by half place injuries. With Republicans in sibility. Are we suggesting now, since over the period of the last 27 or 28 control of Congress and the White they are not elected to the Senate of years. It has saved an enormous num- House, it is trample-down economics the United States, how outrageous that ber of lives, and it has protected health for American workers. Let American they look out after protecting America and well-being. But we heard at that workers be on guard. Your rights and from the scourge of different diseases time: Why are we going to do that? your dignity and your hard work are no that have ravaged our civilizations in That is going to interfere with Amer- longer respected. Today your safety is the past—hoof and mouth disease, mad ican business and their ability to on the chopping block. Tomorrow it is cow disease? Let’s get those profes- produce American goods. Don’t you going to be your medical leave or your sionals out. They are not elected. Let’s think American industry is concerned ability to spend more time with your just free ourselves from regulations. It about those workers? Of course they families, for our Republican friends can may cost the meat manufacturers and said they passed it. act today on this issue with such dis- producers a few more bucks because Sure, there have been some actions regard for your labors, your hard-won they have to be inspected. Let’s free OSHA has taken with which we don’t workers’ rights, your safety. ourselves from those matters. These all agree. But, nonetheless, if you look, The Department of Labor’s are the same issues—health and safety. particularly in the last several years, ergonomics rule is sound, sensible, and The same issues. the record in terms of the number of necessary. I strongly oppose this reso- We are protecting workers on the job lives that have been saved as compared lution of disapproval. If Congress today. If they are going to eliminate to other times has been credible and passes this resolution, it will have de- those protections today, what regula- defensible. stroyed in 10 hours what it took the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1836 CONGRESSIONAL RECORD — SENATE March 6, 2001 Occupational Safety and Health Ad- heard from the other side at least some The statistics also show how serious ministration 10 painstaking years to recognition, some understanding, some this problem is. More than 600,000 create and will deprive workers of all awareness, some sensitivity to the workers lose a day or more from work of the protections from the No. 1 risk workers who are being injured by ergo- each year because of these injuries. In- to health and safety in the workplace. nomic injuries every single day in deed, the Academy of Sciences esti- I have both good news and bad news America. But we do not. It is all tech- mates this number is even higher, that today. The bad news is that ergonomic nical language: ‘‘We don’t want to over 1 million workers lose time at injuries are painful and often debili- interfere with workers’ compensation. work because of their ergonomic inju- tating. They are common and they are There are 400 pages in this book over ries. caused by workplace practices. here. The Department of Labor says X, This is the Academy of Sciences. No, The good news is that these injuries Y, and Z.’’ they are not elected to anything. But are readily preventable, and the We are talking about family mem- they are the Academy of Sciences, uni- ergonomics rule offers an effective way bers. We are talking about workers versally respected. And that is what to address workplace hazards. who are providing for their families, they found, I say to Senators—1 mil- The worst news is that Congress who are playing by the rules, trying to lion a year. And in 10 hours we are today will prevent OSHA from imple- put in a good day’s work in order to throwing out rules that can provide menting this or any other rule that provide for their families. They ought protection for these workers. will protect workers from these signifi- to be given the assurances about pre- Ergonomic injuries account for over cant risks to their health and to their venting these kinds of injuries if we one-third of all serious job-related in- safety. have the knowledge, the awareness, juries and over two-thirds of all job-re- My colleagues should make no mis- and understanding, and we can do it in lated illnesses. The injuries are costly. take about the result of the resolution an affordable way. In a definitive study released only 6 of disapproval that is before us. It is an We will come back in a few moments weeks ago, the National Academy of atom bomb for the ergonomics rule. and get into the costs on these issues. Sciences estimated ergonomic injuries Supporters of this resolution insist It is quite clear, if we are able to have cost the Nation $50 billion annually in they can use it to fix the ergonomics an effective rule, this will actually workers compensation costs—$50 bil- rule and send it back to the drawing save money and increase productivity lion now annually today if we do noth- board. They are wrong. The language of and lower the cost of workers’ com- ing. That isn’t the Senator from Mas- the resolution is clear and nonamend- pensation. sachusetts saying that. That is the Na- Now this is what Secretary Elizabeth able and will eliminate the rule alto- tional Academy of Sciences saying Dole said in 1990: gether. that: $50 billion if we do nothing, in Until Congress gives it permission, We must do our utmost to protect workers from these hazards. terms of workers compensation, absen- OSHA will be powerless to adopt an teeism, and lost productivity. ergonomics rule that, like this one, She also said: In fact, ergonomic injuries account truly solves the problem. If the resolu- By reducing repetitive motion injuries, we for $1 in every $3 that employers spend tion’s supporters have their way, all of will increase both the safety and produc- tivity of America’s workforce. for workers’ compensation costs. That this will be done today without any op- is a cost of $15 to $18 billion every year As all the study, data, and personal portunity for committee input or for in workers’ compensation costs. experience since have amply shown, reasoned consideration on the Senate These injuries are painful and often floor. she was right. Each year, over 1.8 million workers crippling. They range from carpal tun- Our debate is limited to a maximum report that they have suffered from nel syndrome, to severe back injuries, of 10 hours. This resolution is not sub- ergonomic injuries. Another 1.8 million to disorders of the muscles and nerves. ject to motions to amend, to postpone, incur ergonomic injuries that they do Carpal tunnel syndrome keeps workers to move to other business, or to recom- not report. What this means is simple: off the job longer than any other work- mit to committee. All points of order Over the 10 years of study OSHA de- place injury. This injury alone causes are waived, and appeals from decisions voted to this rule, America’s working workers to lose an average of more of the Chair are nondebatable. men and women endured over 18 mil- than 25 days, compared to 17 days for This expedited process will not be lion unnecessary injuries. fractures and 20 days for amputations. used to disapprove a rule that an agen- The average cost of these injuries— These injuries affect all of us. Carpal cy clearly lacks authority to issue. It severe injuries—is anywhere from tunnel syndrome afflicts nurses. It will not be used to disapprove a rule $25,000 to $27,000. I do not know what hurts truck drivers and cooks. It af- that lacks any basis in scientific evi- the value is in terms of denying some- fects secretaries, cashiers, and hair- dence. It will not be used to disapprove one their opportunity to use their dressers. It threatens any of us who use a rule that was adopted without ade- hands, use their arms. What is the cost a computer or lift heavy objects or quate opportunity for public notice and if they cannot use their fingers, cannot bend to pick things up. We are all at comment. Instead, this fast-track pro- use their wrists, not only in the work- risk. cedure will be used to eliminate a rule place but in terms of being able to pick And even if each of us individually that goes to the heart of the Federal up a child or be able to walk with a has not yet suffered a repetitive stress Government’s mission to protect work- child or play with a child when they injury, we all know people who have. ers’ safety and health. That is sup- are growing up—all of the personal They are mothers, fathers, brothers, ported by thousands of scientific stud- kinds of important opportunities in life sisters, sons, daughters, and neigh- ies. And that is the product of 10 years that give individuals a sense of the joy bors—and they deserve our help. But of study, 9 weeks of public hearings, of life? contrary to what the good Senator and 11 best practice conferences all What does it cost here? That is what from Oklahoma says, there are broad over the country, bringing employers we are debating. The Chamber of Com- industries which are left out. This rule and workers together to try to describe merce says it is too much. But 10 years is a rather reasonable rule and quite what is and isn’t working. That’s 11 of studies, evaluations, and best prac- narrow. It does not affect agriculture. conferences all over the Nation, 9 tices said that this can be done, and It does not affect the maritime indus- weeks of public hearings, and close to 4 done in a way that will save money for try, railroads, or construction. Those months of opportunity for written American business. industries are left out. They are left comment from the public. This is an You have two entirely different view- out for other reasons. I can come back unprecedented attack on our workers’ points. Do we have a chance to exam- to them later. fundamental right to safe workplaces. ine them? No. They say: ‘‘We have the So this idea of what is going to hap- As long ago as 1990, Secretary of votes.’’ We have how many hours left pen to workers’ compensation and the Labor Elizabeth Dole called ergonomic now? Nine more hours left? Nine more number of pages of the rule, and what injuries ‘‘one of the nation’s most de- hours left until we can finish this rule is the cost going to be, and about all bilitating across-the-board worker off? That is the attitude of those who the industry affected, we have to get safety and health illnesses.’’ I wish we want to repeal this rule. down to the real facts.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1837 Women are disproportionately extra hours to ‘‘get the job done.’’ As a a major problem by the wife of our harmed by ergonomic hazards. Women result, Wendy has lost the use of her former Republican majority leader, make up 47 percent of the overall work- hands, and is now permanently unable Elizabeth Dole, over 10 years ago. force, but in 1998 they accounted for 64 to do her job, drive a car, play the There has been nothing that has hap- percent of the repetitive motion inju- cello, or shop for groceries. pened since that time to indicate to ries and 71 percent of the carpal tunnel The ergonomics rule was too late to the contrary. cases. help Beth, Elly, Charley, and Wendy. On the contrary, there is constant I will show you this chart very quick- And there will be many, many more scientific evidence to demonstrate that ly. I see others on the floor, Senator like them if Congress takes away the this is a problem, that this rule has FEINSTEIN and others, who will speak protections of the rule now. been carefully considered and, finally, to this in greater detail. This is because there is now conclu- that this rule, when it is implemented, Women are 47 percent of the total sive, indisputable evidence that work- will actually save money because it workforce. Of the total number of in- place practices cause ergonomic inju- will reduce workers’ compensation, re- jured workers, they are only 33 per- ries. Dr. Jeremiah Barondess, the chair duce absenteeism, and increase produc- cent. But if you are looking at ergo- of the panel of experts that conducted tivity. That is why the Department of nomic hazards, lost work time from re- the comprehensive study of the Labor in its evaluation finds that in- petitive motion injuries, in 1998, ergonomics issue for the National stead of this problem costing $50 billion women accounted for 64 percent of Academy of Sciences, has pointedly a year, we will actually save more than those who had repetitive motion inju- stated that there is a ‘‘clear causal re- $4 billion a year. ries and 71 percent of those who lost lationship’’ between working condi- I reserve my time. time for carpal tunnel injuries. This is tions and ergonomic injuries. The PRESIDING OFFICER (Mr. a rule about protecting women in the And in case anyone has forgotten, HUTCHINSON). The Senator from Wyo- workforce, because of changes in terms this NAS study was the very study that ming. of our new economy primarily, and for opponents of the ergonomics rule said Mr. ENZI. Mr. President, I thank the other reasons as well. would inform their views on the issue. Chair for the opportunity to comment, These women are not faceless num- Time and time again, my colleagues and I thank the Senator from Massa- bers. We are talking about workers across the aisle urged us to wait for chusetts for so well setting up the com- such as Beth Piknick from Massachu- more evidence that ergonomic injuries ments I have. setts, who was an intensive care nurse were a problem, that workplace prac- There was a reason for the Congres- for 21 years before a preventable back tices were responsible for these inju- sional Review Act being passed, a good injury required her to undergo a spinal ries, that these injuries could be pre- reason for it. You could even assume fusion operation and spend 2 years in vented. These were unjustified delaying there was a good reason on the basis rehabilitation. Although she wants to tactics. But if anyone thought there that it was passed in a very bipartisan work, she can no longer do so. In her was any doubt at all about these issues, way. First, cosponsors of it were Mr. own words: they now have their answer. To suggest NICKLES, the Senator from Oklahoma, The loss of my ability to take care of pa- that these issues are debatable is, quite and Mr. REID, the Senator from Ne- tients led to a clinical depression . . . My simply, preposterous. vada—one from each side. How good of ability to take care of patients—the reason I Mr. President, I will come back later a job did they do of persuading you became a nurse—is gone. My injury—and all on. There are other points I wish to that this was a good law to put in the losses it has entailed—were preventable. make. I note a number of my col- place? I am not sure what precipitated We are talking about workers such as leagues on the floor. it. I assume that some agency jerked Elly Leary, an auto assembly person at I underscore a very simple and basic the Congress around, and Congress be- the now-closed General Motors assem- thought: This rule has been in the lieved it was time to jerk them back to bly plant in Framingham, MA. Like making 10 years, weeks of hearings and reality. Not one of you voted against many, many of her coworkers, she suf- examination and evaluation, studied by the CRA. fered a series of ergonomic injuries— the Academy of Sciences and by every There is a need to have an act such including carpal tunnel syndrome and scientific group, supported by virtually as the CRA. That need exists when an tendonitis. Like others, she tried all of the health community that has agency fails to listen to a single com- switching hands to do the job. She expertise in these areas. There was a ment on the work they are doing, when tried varying the sequence of the rou- simple technique by which this rule they are so sure of their work that tine. She even bid on other jobs. But could have been altered or changed, a they will not listen to hearings; that nothing helped. Today, years after her very simple technique. That is being they will not listen to Congress; that injury, when she wakes up in the morn- rejected. If you are for some modifica- they will not listen to experts; that ing, her hands are in a claw-like shape. tion, any modification at all, you they continue to do exactly the same To get them to open, she has to run hot ought to reject this proposal. That thing they did before. Wait a minute. water on them. way, it will still be possible to bring No, they did make some changes. They We are talking about workers such as about some changes in the ergonomic made it far worse. They took the com- Charley Richardson, a shipfitter at rules. ments they got, and they opposed ev- General Dynamics in Quincy, MA, in But instead, what we are being asked erything and incorporated things in the mid-1980s. He suffered a career-end- to do is to accept lock, stock, and bar- this that were worse than in the law ing back injury when he was told to in- rel that we are going to reject this rule that was passed. stall a 75-pound piece of steel to rein- that will effectively close out any op- We can’t have agencies taking that force a deck. Although he continued to portunity to protect these workers for kind of action. We know this is a di- try to work, he found that on many the first time in 30 years. vided Congress. My bet is that there days he could not endure the lifting I cannot think of many health and will still be a very bipartisan action to and the use of heavy tools. For years safety rules and regulations which the pass this resolution we are voting on afterwards, his injury prevented him Chamber of Commerce or the National today to eliminate the rule as was pro- from participating in basic activities. Association of Manufacturers has sup- posed, as was printed, as is now in ef- But the loss that hurt the most was ported to protect American workers. If fect. having to tell his children they could there are some, I hope we have the There has been a suggestion that we not sit on his lap for more than a few chance to hear it from the other side. should trim it. I could go along with minutes because it was too painful. To They have been basically opposed to that. But where would you start? I am this day, he cannot sit for long without these regulations. They think they holding 600 pages of stuff that the aver- pain. have the votes now not only to modify age American businessman cannot un- We are talking about workers such as it but to end this rule, which addresses derstand. Yes, he can hire technical ex- Wendy Scheinfeld of Brighton, MA, a the No. 1 health and safety issue for perts who will help him with it at great model employee in the insurance in- American workers today. That is basi- expense. But even the technical experts dustry. Colleagues say she often put in cally wrong. It was recognized as being are divided.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1838 CONGRESSIONAL RECORD — SENATE March 6, 2001 This little document includes by ref- one-tenth of a percent of people who Labor who said she will continue to erence eight more documents. This are bad to the bone. That is on both look at this issue and consider all the isn’t the whole load that a small busi- sides. That isn’t just businessmen or best options for protecting worker safe- nessman has to carry around this coun- employees. It might even be a smaller ty, including a new rulemaking. try. Let me ask you if you have re- number than that. I look forward to engaging in that ceived those eight documents and read This rule is written punishing 99.9 process with Secretary Chao. As chair- those eight documents. I can tell you percent of the people in this country— man of the subcommittee dealing with conclusively, you have not. One of businesses and employees—to take care work safety, I feel a special responsi- those documents isn’t even available. of one-tenth of 1 percent of the people bility to help employers protect Amer- The people, when you call them and who are bad to the bone. That is not ican workers. I have no interest in kill- ask for the document, say: Don’t both- the way we are supposed to do these ing the ergonomics protection, and I er us anymore. rules. That isn’t the right way to do it. would not vote to do that. In fact, one This is ridiculous. One document re- We have a little conflict in some of of the highlights of last weekend was ferred to in this rule you can’t even our laws. One of the conflicts we have my meeting with the Service Employ- get. Some of my colleagues say the is that it is difficult to talk to the ees International Union in Wyoming rule is really a short rule. Is it 400 worker. You will hear examples and receiving a certificate from them, pages? Is it six pages? Is it eight pages? throughout the day of terrible things on a national basis, for the work that I Is it 20 pages? You can argue for all of being done to workers. I know of some did on safety with needle sticks—some- those numbers. You can argue for 800 of them. I have heard the speeches be- thing that was extremely important in pages. But if you really count what the fore on a lot of them. I have even this country, something that had been small businessmen in America are looked into some of them. I have worked on for at least a decade. going to have to read, you will find talked to some of these workers. Do Senator KENNEDY and I, and Senator that it is 800 pages. To say that this you know we have a law that prohibits JEFFORDS, and others, talked about document is eight pages is statistically management from talking to the em- some reasonable improvements that impossible. ployee about how his job could be more could be made. We got together on a If you agree this document is eight ergonomically sound, unless he is in a bill. We put it together as a bill—not as pages long, you think that the income union? a rulemaking by a bunch of unelected tax forms you fill out only require Now, there is a little catch there. Ac- bureaucrats, not something as long as reading two pages of material. That is tually, the employer still doesn’t get to this rule. We agreed on it. Do you know exactly the same thing. When you fill talk to the worker who is doing the job what happened. It passed both bodies out your income tax form, there are because he is represented. It is the rep- by unanimous consent. It went to the two pertinent pages to fill out, but resentative that they have to talk to. President and, of course, the President there is a little manual that comes So they don’t get to listen to a worker signed it. with them. If you don’t pay attention who is doing the job. I listen to them in After years of working on it, we sat to that manual, you will mess up your Wyoming almost every weekend—they down and worked it out. I am saying taxes. You will be fined. Maybe you know how this job ought to be done. that we can work out ergonomics legis- will be thrown in jail. So you can’t just And they have some of the simplest so- lation so it will be beneficial to every- look at the two pages, even if they are lutions. But they are not able to talk one, particularly the ones doing the the only ones you fill out. to employers about it because of the work. That is how we are supposed to So let’s not argue about 8 pages, 20 National Labor Relations Act. But this go about doing things, not through the pages, 400 pages, 600 pages, 800 pages. rule doesn’t incorporate the solutions process I am going to describe to you Ask the small businessman how much for the kinds of problems that you are that OSHA went through and wound up he wants to read, and then take a look going to hear today in a way that the with this huge rule. at how much he is going to have to small businessman can handle them. But we are not voting on the value of read. Last July we had this debate and we ergonomics protection today; we are Now, you and I can look through passed an amendment, in a bipartisan voting on one thing, and one thing this, or we can have our staffs look way, that was avoided by the adminis- only, and that is this Clinton through it, and decide what we think is tration, pressed by the agency, and cir- ergonomics rule. This rule cannot be pertinent. I tell you, the small busi- cumvented by the agency so this could allowed to stand. If this were allowed nessman out there doesn’t have that be put into place. I will have some to stand, it would not be of benefit to luxury. He can’t say, ‘‘Somebody just more words about how that was people who are working. It was issued show me the couple of paragraphs that achieved. as a last political hurrah for the former affect my business.’’ He can’t do that I wish to make it perfectly clear that administration. It is the product of a because this affects his business—this this vote is not about whether we rushed and flawed rulemaking, and it and eight more manuals, only seven of should have ergonomics protection. It will not protect workers. which are available at a cost of $220.90. isn’t about that. Let me repeat that. The power for OSHA to write this That is a lot of work for a small busi- This vote is not about whether we rule did not materialize out of thin air. nessman. Trim it? Why didn’t OSHA should have ergonomics protection. Of We in Congress did give that authority trim it. California has a one-page course we should. Of course we need it. to OSHA, and it is time for us to take ergonomics rule. Why not OSHA? Have each of you worked in your of- some responsibility for what OSHA has Why is this rule bad? This rule was fices to handle some of the ergonomics done this time. The Congressional Re- written for the people who are bad to problems there? I have. It is a neces- view Act gives us special procedures to the bone. You and I both know that in sity right where we work. Does this do just that, and I am proud to be a any profession, in any business, and rule work for us? No. And we have lots part of today’s historic innovation of even with groups of employees, there of staff. It is just the other people, just the act. are going to be about 5 percent of the the small businessmen who have to I thank my colleague, Senator NICK- people who are ethically challenged. memorize the manual themselves. LES, for passing the bipartisan Congres- Five percent look for ways not to do My colleagues and I strongly believe sional Review Act, along with Senator exactly what they ought to do. That is in protecting the workers, protecting REID, and for his hard work on the both the businessmen and the employ- the employees against musculoskeletal ergonomics issue. I also thank my col- ees. Out of that 5 percent, you will find injuries—there is one of those $50 leagues, Senator BOND, Senator HUTCH- that there are about 3 percent—this is words from OSHA. We are not trying to INSON, and Senator THOMPSON, for their included in that 5 percent—the reason kill ergonomics protection. In fact, you hard work on this issue. they are ethically challenged is that heard my colleague from Vermont ear- This ergonomics rule is such an they don’t care. No matter what you lier say that the Congressional Review overbroad, overblown bureaucratic put in their manual, they don’t care; Act clearly permits OSHA to issue an- mess that I cannot imagine any action they are going to do business as usual. other ergonomics rule, and you have more in need of being taken than con- Out of that 3 percent, there is about heard the words of the Secretary of gressional intervention.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1839 I am sure by the time we have had ergonomics problems with our recre- pages of documents to see if there was our 10 hours of debate, this rule will be ation. Something needs to be done in anything worth putting into the rule. indefensible. all of those areas to eliminate the pain That is not how our government ought Many of my Democrat colleagues are and suffering people go through. We to work. OSHA assisted the contrac- criticizing the effort to overturn the have all recognized that. tors with preparation of their testi- ergonomics rule. I wonder if any have When did OSHA actually do some- mony; they made suggestions to them actually read this gorilla of a rule. thing? They did it a little less than a about what they should say; they held Have they tried to understand it? Have year before the final rule. In the case of practice sessions to prepare them. they tried to implement it in their of- ergonomics, OSHA let us in on their Regardless of whether these tactics fices? Have they asked the small busi- plan a mere 358 days before they made actually violate any law, it clearly ness people in their States whether it the law of the land, one-quarter of paints OSHA as a zealous advocate, not they will be able to implement it? Of the time they typically take. an impartial decisionmaker. That is course they haven’t. If they had, there Let’s break it down even further. what we expect of our government: im- is no possible way they would want this After the public comment period closed partial decisions—not rabid, zealous rule to remain in effect. on August 10, 2000, OSHA received over advocates. Let me explain specifically why Con- 7,000 comments with 800 volumes of ex- OSHA should be weighing all of the gress must act to revoke the hibits comprised of over 19,000 separate evidence and making the best decision ergonomics rule. This rule violates documents, each ranging in size up to for workplace safety, not blindly de- sound principles of State and Federal 700 pages. Say the average size of these fending its own position at all costs— law and, more importantly, common documents is just 100 pages; that comes literally all costs, your costs and my sense. I will talk more about that to 1.9 million pages of material. That is costs, paying people to present the tes- later, as will my colleagues. pretty close to 2 million pages. But timony. First, I will talk about how we got there were only 94 days between the How can the American people have here and then we will better under- end of the public comment period and any confidence that the outcome of stand why this rule is so bad and needs the date of the OSHA-published rue. this rulemaking was fair and unbiased? to go. Simply put, OSHA rushed How can the American people pos- Look at the evidence. They can’t. through the rulemaking process. Worse sibly have confidence that OSHA truly This perception is also strengthened yet, they stacked the evidentiary evi- read, understood, analyzed, correlated, by the fact that OSHA completely ig- dence. They ignored criticisms—worse and responded to the 2 million pages of nored the many criticisms of the pro- than that, they paid people to rip the material in 94 days? That is 20,000 posed rule and actually made it worse. criticisms apart. They changed the pages a day, steady, consolidated. Even For example, I held two hearings on rules in the middle of the game. if they don’t consider it—which we OSHA’s proposed rule last year. Yester- Is it any wonder this flawed process know they didn’t—it takes a long time day, I brought in a volume that in- produced a flawed rule? Use spoiled to get through 2 million pages of work. cluded that, with lots of testimony, milk, you get a spoiled milkshake. Maybe that is where they saved time lots of information, lots of letters. Let’s look at some examples. Since because there isn’t a single bit of evi- During the first hearing, we exam- 1988, the average time OSHA has spent dence that a single concern made it to ined a provision that requires employ- per rule has been 4 years. Yet the the final rule. In fact, the rule got ers to compensate certain injured em- ergonomics regulation was finalized in worse. They didn’t listen; they made it ployees at 90 percent to 100 percent of under 1 year by OSHA despite the fact worse. their salary. OSHA calls this require- it generated more public comment Maybe OSHA didn’t think it needed ment a ‘‘work restriction protection,’’ than any other prior OSHA rule. Why to pay any attention to these com- or WRP. But this provision sounds an the rush? The answer is clear: The his- ments because it could get all the in- awful lot like Federal workers com- tory books were closing on the Clinton formation it wanted from its hired pensation, doesn’t it? Presidency so OSHA rushed to publish guns. Yes, hired guns. At a most con- At the hearing, we heard testimony its final rule on one of the last possible servative estimate, OSHA paid over 70 from a State workers compensation ad- days before the new administration to contractors a total of $1.75 million to ministrator and two experts in insur- ensure that the new administration help it with ergonomics rulemaking. In ance and workers compensation. We would have no recourse. The rule was particular, OSHA paid some 20 contrac- also received written testimony from a published on November 16, put into ef- tors $10,000 each to testify on the pro- large group of insurance companies. All fect on January 16. Is it any coinci- posed rule. They not only testified on of this testimony unequivocally dence that the inauguration was Janu- it; they had their testimony edited by showed that this provision will wreak ary 20? That is by constitutional law. the Department. Does that show con- havoc with the State workers com- Everybody knew when the inaugura- cern for the problems of America? They pensation systems. tion would be, when the opportunity brought them in for special sessions so All 50 States have intricate workers would come for a new administration they would be prepared for the same compensation systems that strike a to take a look at what has happened. kind of atmosphere they would be in delicate balance between the employer This has been a rush. No, they rushed when they were presenting their testi- and the employee. When I was in the forward in spite of the fact that both mony. They practiced these people, State legislature in Wyoming, that the Senate and the House voted to im- which also made sure the testimony took up a good deal of the time we pose a 1-year delay on the rulemaking they were giving was the testimony spent in the Labor Committee, working in a bipartisan way, in a civil way. Re- OSHA wanted given. on all of the history of workers comp. sponsible rulemaking or political pos- Then—and this is the worst part of it It is decades old, and there are thou- turing? What was the agency doing and all—they paid those witnesses to tear sands of administrators who have thinking? apart the testimony of the other folks worked on this for years. OSHA doesn’t My Democrat colleagues love to say who were testifying, at their own ex- have anybody who has worked on it for this rulemaking has been a 10-year pense. years. OSHA doesn’t have anything in process started by Republican Eliza- Not being paid $10,000 by their gov- place to take care of the kinds of beth Dole. Let’s be perfectly clear. No ernment, coming to Washington want- things that are going to happen when matter how long an issue is out there, ing to testify on a rule, or sending this rule starts generating workers the public has no way of knowing how their comments to Washington expect- comp payments. OSHA will handle it, what OSHA will ing their comments to be read and con- All 50 States do have intricate work- require, what OSHA is going to do, sidered: not much to ask of a citizen, is ers compensation systems, and they until OSHA actually publishes a pro- it? strike a delicate balance. Each party posed rule. That is the beginning of the What does our government do? They gives up certain rights in exchange for rule debate. We have all known there pay contractors to rip apart the testi- certain benefits. An employer gives up have been ergonomics problems— mony. These may be the same contrac- his ability to argue that a workplace ergonomics problems at work, at home, tors who helped compile these 2 million accident was not its fault in exchange

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1840 CONGRESSIONAL RECORD — SENATE March 6, 2001 for a promise that the employee will It is no surprise that this WRP provi- nity—the importance of patient dig- not pursue other remedies against it. sion was vigorously opposed by the nity—the importance of permitting pa- Each State has reached its own bal- Western Governors’ Association, the tients to choose how they are moved ance through years of experience, trial Tennessee Legislature, the New York and how they receive certain types of and error. Significantly, Congress has Department of Labor, the Pennsyl- care. never taken this autonomy away from vania Department of Labor, and many This act and corresponding regula- the States by mandating Federal work- others. All these complaints are on top tions mandate this important freedom ers compensation requirements before. of the fact that WRPs violate the OSH of choice for patients. The ergonomics The ergonomics rule destroys the Act, a little problem OSHA chose to ig- rule, on the other hand, imposes many State’s balance and completely over- nore. requirements on all health care facili- rides the State’s rights to make an Thirty years ago when Congress ties and providers concerning patient independent determination about what wrote the Occupational Safety and care and movement. Thus, these facili- constitutes a work-related injury and Health Act, it made an explicit state- ties and providers may be forced to what level of compensation injured ment about OSHA and workers com- choose between violating the workers should receive. pensation. I will quote the act. ergonomics rule or violating both the OSHA doesn’t have the mechanisms Nursing Home Act and patient dignity. or the manpower to decide the numer- . . . supersede or in any manner affect any workmen’s compensation law or to enlarge We asked them to come up with some ous disputes that will inevitably arise or diminish or affect in any other manner kind of solution for that problem in the because of the WRP provision. All of a the common law or statutory rights, duties, hearing. sudden, OSHA will have to decide dis- or liabilities of employers and employees Moreover, OSHA’s rule forces impos- putes over the existence of medical under any law with respect to injuries, dis- sible choices about resource allocation conditions, the causation, and the eases, or death of employees arising out of, between patient care versus employee or in the course of, employment. right to compensation. What is going care. The only way for businesses to to happen to workplace safety and This is almost as if to say: What part absorb the cost of this rule is to pass health while OSHA is busy being a of ‘‘no’’ don’t you understand? ‘‘Noth- the cost along to consumers. However, workers compensation administration? ing in this chapter shall be con- some consumers are patients dependent Do you think they are going to need strued’’—‘‘in any other manner’’—there on Medicaid and Medicare—very impor- some additional help on that? You bet are so many words in here that say you tant people we cannot leave out. The they will. can’t do workers comp. Federal Government sets an absolute In addition, under WRP, employers You will hear the other side mention cap on what these individuals can pay must pay immediately and employees a couple of areas where there have been can keep both the WRP payment and for medical services. Thus, the facili- some WRP payments. You will find ties that provide care for these pa- the workers compensation payment un- that those are instances where they less the employer sues the employee to tients simply cannot charge a higher can test for substances that can be iso- cost. They have to absorb the cost of recoup the double payment. Do you lated at the workplace, where there think the employee will have the the rule. was virtually no other possibility of Simply put, these facilities and pro- money to pay back the double pay- them getting the contamination some- ment? viders are unable to absorb the cost of where else. They are in the cotton dust the ergonomics rule. And there is no What we mentioned in committee, and the lead provision. These are very and I have mentioned this personally question these facilities will face a special cases where the exposure can cost. OSHA’s own estimate of the cost to the people who were working on this only happen at those workplaces. rule, that it was set up so an employee of compliance in the first year will That is not like this one, where the could be paid twice for being injured— total $526 million for nursing and per- accident can happen—it happens over a I ask you, if you can make more money sonal care facilities and residential period of time; it happens as a result of by not showing up for work than you care. The industry is already having an accumulated effect, and, according can by showing up for work, would trouble. The industry estimates that to the National Academy of Sciences your boss expect you to be there? Even the per-facility cost for a typical nurs- study, it is even based on attitude at for the best intentioned person, this is ing home will be $60,000. the moment. I would like to see people a great temptation. And what we are But my issue with this rule is not measure that one. hearing from the businessmen across that it will cost these facilities so Twice the provision uses the broad this country. How do we administer much. It is that it will cost elderly and this? How do we make sure we are not phrase ‘‘shall not affect in any man- poor patients access to quality care. doing double payments to employees? ner’’ to describe what OSHA should not The new expenses this rule will add How do we make sure that our work- do to workers compensation. As some- simply cannot be passed on to the pa- force isn’t being paid not to work? We one with the privilege of being one of tients who depend on this program, and want to do what is right, but we do the country’s lawmakers, it is hard for a cut in service will be the only option. need workers. me to imagine how Congress could We have already seen what is hap- Employees will be making more have drafted a broader or more explicit pening, particularly with rural medical money by staying home than coming prohibition of OSHA’s interference practice costs of providing the treat- to work, and without any medical diag- with State workers compensation. ments that are limited. They are going nosis. But did OSHA heed these numerous out of business in my State. The rule is triggered with no medical complaints and the potential illegality Did OSHA do anything to address diagnosis. Worse yet, under the WRP, and the constant mention that has this problem? Did it resolve the legal the employer cannot get information been made of it during the entire proc- conflict? Did it explain how these fa- from the doctor about how the accident ess, in comment letters, in hearings, cilities can comply without sacrificing happened? He can’t get advice from the and remove the rule? No, it did not. quality of care and quantity of care? doctor who actually looked at the pa- They are all right here. It is on page No. In fact, OSHA’s own estimate of tient, to see how to solve the problem. 6885–4—I love the numbering of the the cost of compliance with the final That is illegal under the rule. If we Federal documents—of the final rule. rule actually increased over the pro- really want to solve the problem for In our second hearing, we examined posed rule. And they stuck in a couple the person, why can’t they talk to each the devastating effect the rule would more things. OSHA actually made this other under this rule? Talking to peo- have on patients and facilities depend- situation worse rather than listening ple is the way to get the solution, and ent upon Medicaid and Medicare. Testi- to these vulnerable facilities. OSHA prohibit it because they think mony at that hearing demonstrated This really disappoints me. all those employers out there are bad that the rule forces these facilities to After the hearings were over, I met to the bone. They wrote this rule for violate the law and could force them with the former Assistant Secretary the one-tenth of 1 percent of the people out of business. In 1987, Congress for OSHA and talked to him about my in this country who will not be affected passed the Nursing Home Act, recog- concerns. Mr. Ballinger made efforts in by the rule one bit. nizing the importance of human dig- North Carolina in ergonomics and saw

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1841 a reasonable approach to it, and even the small businessmen. It may be some simple—simple?—calculus formula and recommended him to be the Assistant help to them but not much. figure out if their employees were get- Secretary for OSHA. I was there at the GM-UAW risk factor checklist: ting too much vibration on the job? nomination process and the confirma- Sounds like the kind of study you It would be a lot simpler if they tion hearing. I asked questions about would want to read to keep your mind asked the employees if they were hav- this. I thought we had a person who active. ing vibration problems. But the law was reasonable and who would listen. The push-pull hazard table, and the makes that difficult. Perhaps he did. Perhaps the bureauc- rapid upper limb assessment—do those You cannot talk to the guy with the racy took control of him. sound a little difficult? Yes; they are. problem and say: Are the vibrations But I met with him after we had the They were written by ergonomists for bothering you? What can we do to hearings and before the rule went into ergonomists. None of them were writ- eliminate some of the vibrations? No. effect. I pleaded with him to solve the ten for small businessmen. But the Instead, we have this thing about RMS problems created by the proposed rule. small businessman still has to under- accelerations, with equivalent, fre- And he said he would make significant stand them. quency-weighted component accelera- changes. But it was clear that he These tools are actually eight sepa- tion, determined in conjunction with thought OSHA was an advocate for rate documents that were not written this very simple formula. their original version rather than an by OSHA, and they were not mandated Now, I am sure everybody in Con- impartial decisionmaker weighing all in the proposed rule—only the final gress is going to be proud to go to their the evidence fairly. rule. No member of the scientific com- baker and say: We know you run some Now that I have seen the final rule, it munity and none of the regulated pub- equipment that has vibrations. I want is clear that OSHA saw blind advocacy lic had an opportunity to comment on to help you understand this formula. as more important than its duty to whether mandating compliance with Yes. It is not going to happen. When craft the best possible rule. I see no in- these tools is a good idea. your baker sees this thing, I will tell dication that he took my subcommit- Adding insult to injure, as far as I you what he will think you ought to do tee’s work or any of the public com- can tell, OSHA does not provide these with this rule. There really ought not ments to heart. documents. Instead, OSHA tells em- to be anybody who votes for this rule, Perhaps more disturbing than ployers: You are on your own. Go ask not the way it has been messed up OSHA’s disregard for public comment the publishers, the trade association, through a process that ought to be is its denial of public opportunity to and the private companies that wrote helping people. accept only certain elements of the these tools to give them to you. So we Do you see any evidence there was final rule—another drastic attack on gave it a shot. any attempt to help people? All we the American people. OSHA made sig- Let me tell you it wasn’t easy. It built in was cost. We did not build in nificant substantial changes to the took three of my staff several days, care. We did not take care of the people final rule without giving the public an and there was still one document they of America. We did not save them from opportunity to comment on them. were not able to obtain at all. Remem- their ergonomics problems. We put so What this could lead to if we don’t ber, these weren’t free. much garbage out there that the busi- reverse the rule today is the agency As for the rest of them, one of the nessman is simply not going to be able saying: Let’s see. The easiest way to do documents is 164 pages long. That is in to comply. this would be to leave things out of the addition to the rule. It all depends on This isn’t the kind of thing any of us proposal and then hold the hearings how thick the paper is. The Govern- ever anticipated we would be thrusting and take the testimony. And, when we ment didn’t use good paper. That prob- on the small businessmen of this coun- are finished, we will do the final rule ably saved us a little bit of money. Not try. In fact, it isn’t even what we the way we want to. doing the rule would save us a lot thought we would be thrusting on the That is what OSHA did. The starting more. workers of this country. Do you know point wasn’t so popular and it drew sig- So let’s see what the local bakery has what is going to happen in a bunch of nificant adverse comment. But they to comply with. I am going to read businesses in this country. Instead of didn’t address it. They just went on to from The American Conference of Gov- asking that employee what could be another publication—one that was ernmental Industrial Hygenists Hand/ done, instead of asking him how to more stringent than with what they Arm (Segmental) Vibration Threshold solve the problem, they are going to started. Limit Value (or TLV). This is straight hire somebody who will automate the The worst of these changes is OSHA’s from the range of pages cited by OSHA plant. People will lose their jobs. Yes, addition of eight new job hazard anal- in the mandatory appendix: we may hire somebody to run the auto- ysis tools. For each direction being measured, linear mation, but that is not going to take I can almost see your eyes starting integration should be employed for vibra- care of jobs in this country, the jobs of to glaze over. If I started to read all of tions that are of extremely short duration or people who work hard every day and vary substantially in time. If the total daily these additional pages to you, they vibration exposure in a given direction is know what they are doing and know would. But remember that the small composed of several exposures at different the simple ways that the process could businessman has to take these into rms accelerations, then the equivalent, fre- be improved. consideration. The guy out there who quency-weighted component acceleration in I tell you, not one of them is going to doesn’t have the specialized staff that that direction should be determined in ac- read this; not one of them needs to OSHA has is going to have to know cordance with the following equation. read this. You do not need to read this these because they have included them As for the rest of them: One of these to solve the problems in the workplace. in the rule. documents is one hundred sixty-four There are none of us who do not want OSHA’s rule says to employers: If pages long. For at least five others, to see the ergonomics problems re- you want to be assured of avoiding there are separate monetary charges— duced and eliminated. I tell you, busi- fines and penalties, you have to reduce that’s right, businesses have to pay to ness has been doing that. Yes, accord- the ergonomic hazards in your work- be able to read these federally man- ing to OSHA, over the last 5 years busi- place below the level specified in one of dated documents. And several of these ness has reduced the number of eight tools contained in mandatory ap- documents are articles in scientific ergonomics accidents by 22 percent. pendix D–1. journals written for ergonomists and The Bureau of Labor Statistics gives Doesn’t that get you excited? The engineers. But the corner convenience business a lot more credit than OSHA tool you use is dependent on the type store, local newspaper and your favor- for these numbers. of work your business performs. But ite bakery must comply with them all What would improve ergonomics in you have to figure out which one for the same. this country? I tell you, if we had the yourself. That is something we deal with on same number of people working with Here are a couple of them. the floor of the Senate every single businesses suggesting things that We have the ACGIH hand-arm vibra- day, isn’t it? I mean, why wouldn’t our would help the people in that business, tion—actually sharing a summary with small businessmen be able to take this instead of spending their time writing

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1842 CONGRESSIONAL RECORD — SENATE March 6, 2001 this kind of stuff, we would have a lot As I say, 1.8 million workers every what this rule was all about—lessening more of the problems solved. year suffer from work-related the suffering of a whole lot of people in I am willing to work on coming up ergonomics disorders—many of them the workforce of the United States of with an ergonomics rule that will work women. I must say, I think some of the America. Now with this resolution, we to reduce injuries. I am not interested discussion on the floor trivializes these are going to wipe out that rule, wipe in seeing an ergonomics rule that is for injuries, trivializes this pain, and out that protection. the benefit of the jobs of bureaucrats. trivializes the need for protection for It is interesting: We are in this in- That is not going to help us. people. tense debate—or will be soon—on the I ask you, how in the world is any I do not know how many times I have education bill regarding accountability small business or any businessman, for heard from my colleagues that, of for our schools, but when it comes to that matter, supposed to figure out all course, there should be ergonomics pro- worker safety, all of a sudden account- this stuff? They can’t. Businesses sim- tection, that, of course, we should do ability and standards go out the win- ply will not be able to comply with the something—but it is never this rule; it dow. requirements. But OSHA has not heard is never that rule; it is never the next My colleagues have been holding up their stories because it deprived the rule. Frankly, there are interests that the Federal Register. They have been American people of the opportunity to for 10 years have done everything they talking about the rule. The rule is comment on the requirements. could to oppose any kind of rule pro- eight pages. The rule is eight pages. Rest assured, these problems are just viding people at the workplace with There is background; there is context; the tip of the iceberg. You will be hear- this protection. That is what this reso- there are reasons for doing it. This is ing about more flaws from my col- lution is about. That is what this de- the rule, eight pages. This whole book leagues in the coming hours. But if bate is about. is not the rule; it is a lot of good back- Keta Ortiz is a sewing machine oper- even one of these issues that I have ground information on the rule. ator in New York City. She was 52 raised troubles you—and I think they I will discuss what this rule is about, when her whole life came crashing should all trouble you deeply—then 8 pages, 10 years in the making, start- down. She ended up with cramps in her you must recognize the desperate need ing with Elizabeth Dole, and now in 10 hands so severe that when she woke up, for congressional intervention. That is hours we are going to overturn it. By they were frozen like claws. She had to why a bipartisan act years ago set up the way, for all my colleagues who say soak her hands in hot water just to be this process, so that Congress could they are committed to doing some- jerk an agency back to reality that has able to move her fingers. This went on for 5 years. Terrified of losing her job, thing, they will do something, time is not been paying attention. There is a not neutral for these workers. These desperate need for congressional inter- she suffered agony beyond measure, be- yond any measure most Senators injuries are debilitating. It is a life of vention. hell. It is a life of pain. Now in 10 hours I urge my colleagues to vote in favor know. Finally, she had to give up her we are going to overturn this rule. of this resolution. Let’s show the coun- job. It took 2 years for her to get her first workers comp check. She lost hers These standards, eight pages of a try that although Congress delegated rule, represent a sound, reasonable, rulemaking authority to OSHA, we and her family’s health insurance, and she now tries to get by on $120 a week sensible approach. What does the rule have not abdicated our responsibility basically say? After 10 years of diligent to the American people. I will watch in workers comp payments. work, initiated by Elizabeth Dole when out for the American people. I know Shirley Mack from Spring Lake, NC, she was Secretary of Labor, right up to my colleagues will, too. is a single parent with four children. Mr. President, I reserve the remain- Let’s talk about people. You can put now, what do we have? We have state- der of my time and yield the floor. charts up, and you can make fun of of-the-art, flexible, commonsense rules Mr. WELLSTONE addressed the rules, and you can trivialize what this for employers, helping them to deal Chair. is all about, but let’s talk about peo- with this vexing problem of ergonomic The PRESIDING OFFICER. The Sen- ple’s lives. disorders. ator from Minnesota. Shirley Mack has worked since she The requirements are not com- Mr. WELLSTONE. Mr. President, was 5 and tried very hard to stay off plicated: One, the standard simply calls first of all, let me say to my colleague public assistance. Her job was splitting for employers to provide employees from Wyoming—he chairs the com- chicken breasts in a poultry plant, with basic information about ergo- mittee with jurisdiction over work- working 8 or 9 hours a day, 5 days a nomic disorders so that if you are place safety, and I am the ranking mi- week. I doubt whether very many Sen- working and you are experiencing nority member—I appreciate him as a ators have done that. I have not. these symptoms, you know what is Senator. There is a different version of Maybe some have, not too many, happening to you before it is too late. those hearings and a different version though. Then the employer need not do any- about what is the right thing for us to I am on safe ground, aren’t I, col- thing more, that is it, unless a worker do. I would like to speak to that. leagues, in saying that not too many or an employee reports a disorder or a Each year, there are 1.8 million Senators have ever done this kind of symptom which is a sign of the dis- workers who suffer from ergonomics work? She says she was one of the fast- order. The worker says: I can barely disorders. Mr. President, 600,000 men er workers but then her hands started move my wrist; my fingers are swell- and women have injuries so severe they hurting and going numb. To avoid los- ing; I am in pain. Then there is a prob- are forced to take off work. Obviously, ing her job, she continued working, but lem. there is a problem. If it is your son or then her hand stopped working. Her First the employer lets the workers your daughter or your brother or your finger locked. Her hand grew numb and know, gives them information so peo- sister or your husband or your wife, it cold, and her arm stopped working. ple can understand what might be hap- is very personal to you. After a few days in the plant of not pening to them. That is a terrible idea? I think this is a class issue. I said it being able to work, she was fired. Then if the employee should come to yesterday on the floor of the Senate— I quote from her: the employer and say, I have a prob- and I have to say it again—I think pre- Now I go to bed in pain and I wake up with lem, it is up to the employer to deter- cious few Senators really understand pain. It hurts to hold my new grandson. I mine whether or not what has been re- what these statistics mean in personal can’t fix a big meal like I used to or hang ported is an ergonomic incident. There terms because, frankly, we are talking clothes or do yard work at all. I can’t go to are clear criteria laid out. If that about a part of the population that is the grocery store by myself anymore because threshold is reached, then the em- I can’t push the cart. I can only really use not well represented in the Congress, my left hand so lots of things like doing my ployer is obliged to work with his or not well represented in the Senate. We hair and driving take longer and really hurt. her employees to identify and analyze are talking about working-class people. . . . I didn’t want to go on assistance, but I the hazards and develop a program to I do not think most Senators have am now disabled. This carpal tunnel syn- deal with those hazards. loved ones who are doing this work, drome is very real. We would think, from hearing some whether it is blue-collar work or white- Some of us are being very generous of the Senators on the floor of the Sen- collar work. with the suffering of others. That is ate, that OSHA has done a terrible

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1843 thing by promulgating a rule, based on lem in the workplace. Repetitive stress about—that we will avoid account- 10 years of work, to provide some pro- injuries are for real. People are dis- ability. That is what is so egregious. tection for well over a million and a abled. That is what is so egregious about half workers every year who face these They also found that in fact if we what is happening. disabling injuries, 600,000 of whom are want, we can take action to reduce this I finish this way. This is one inter- not even able to work part of the time pain and agony. We could change the esting and telling week for—sometimes because of these injuries. design of tools and work stations, ro- you speak on the floor of the Senate Are these rigid, onerous, arbitrary tate jobs, lift tables, have vibration- and you somehow hope you get the at- rules? No, they are not. A lot of smart dampening seating devices. There are a tention of people, and you almost hope businesspeople are already utilizing whole set of ergonomic principles people listen and you can connect with these standards. Tom Albin, who is an which can be used to reduce exposure the people in the country to somehow ergonomist at 3M in St. Paul, MN, had to risk factors and, as a result, mean follow debate, or they hear one thing this to say about what 3M does in my less pain for many women and men in you say. State: the workforce. I certainly wish to say this: For Our experience has shown that incor- I have not heard my colleagues talk working people, for people who are not porating good ergonomics into our manufac- about this study. I know sometimes the heavy hitters, not the big players, turing and administrative processes can be facts are stubborn things. I know some- not the investors, don’t have all of the effective in reducing the number and sever- times we don’t want to know what we economic clout, don’t lobby here every ity of work-related musculoskeletal dis- don’t want to know. The NAS report day in Washington, who are doing the orders, which not only benefits our em- goes on to affirm the basic elements of work, who are faced with these kinds of ployee, but also makes good business sense. the OSHA standard: management, lead- injuries and this kind of pain, these Tom Albin is right; it is good busi- ership, employee participation, job kinds of disabilities, men and women— ness sense. hazard analysis and control, training, but probably the majority are women— 3M’s evolving ergonomics process has been and medical management. So my sec- this is not a good week for them be- effective at reducing the impact of these dis- orders on our employees and our business. ond point is that the case for these cause this resolution overturns 10 From 1993 to 1997 we have experienced a 50 standards is strong and unassailable. years of hard, diligent work to finally percent reduction in ergonomics-related My last point has to do with the rush write a rule that will give working men OSHA recordables and 70 percent reduction to judgment that we are witnessing and women some protection in the in ergonomics-related lost time OSHA today: Ten years of work, countless workplace. And then if you can’t work recordables. studies, untold time and effort over- because you are disabled by this in- In other words, paying attention to turned after 10 hours of debate. This jury—remember, a lot of people have ergonomics makes good business sense. resolution of disapproval wasn’t sent to no other choice. A lot of people work at It is cost effective. Estimates are that committee, and this, despite the fact these jobs because they have no other the $4.5 billion annually it will take to that we have a new study hundreds of choice. They don’t work at these jobs implement these standards will result pages long, commissioned by the oppo- for the fun of it. We have options. We in $9.1 billion annually of savings nents of this rule that supports the es- can go to other work. They don’t. which are recouped from the lost pro- sential elements of what OSHA or- And then what we are going to do, ductivity, lost tax payments, adminis- dered. This is the problem my col- starting tomorrow, assuming this reso- trative costs, and workers comp. You leagues have. They are doing the bid- lution passes, is we are also going to do the prevention. We have this rule. ding of some very greedy folks who say say to the same people, now we have You have this standard. You prevent they don’t want to have to spend any overturned the rule, now we have injuries. You have more productivity. more money. moved away from protection—although Workers are not absent from work, and How generous we are with the suf- Senators are saying, of course, we are you have fewer workers comp claims. fering of others. So we had 10 years of concerned. Your concern doesn’t mean We have also lived to our values: We study and the opponents wanted the much because time is not neutral, and have provided protection for hard- National Academy of Sciences to give for a whole lot of folks the injuries are working people. us their best judgment. Well, they now. When my colleagues come to the ended up supporting basically the rules I keep hearing we are for another floor and talk about this standard as if that OSHA ordered, which was what rule, another time, another place; but it is arbitrary and capricious, they the opponents were opposed to. So now every time big economic interests say, leave out a little bit of the history of Senators don’t have the study; they oh, no, we can’t afford it. this. The fact is, many companies are don’t have the research; they don’t My colleague from Wyoming, whom I saying, yes, we need to do this. Good have the evidence. But I will tell you respect, talked about nursing homes. I businesspeople are saying, yes, we need what they do have. This is what they hope that the choice is not between to do this. It is preventative, and it do have. They could come to the floor nursing homes or hospitals saying, saves money. of the Senate. The administration look, in order for us to be able to make The results are not surprising. The could do the same thing. The adminis- it economically—I agree they have got- National Academy of Sciences and the tration could stay OSHA’s rule. The ten the short end of the stick when it Institute of Medicine report, which was administration could reopen the rule- comes to reimbursement. We have our requested by industry groups and oppo- making process, call for further stud- health care providers saying the only nents of these standards—I haven’t ies; they could let the court processes way they can survive economically is heard any discussion about this—finds unwind. for the workforce to work jobs that are scientific support that, one, exposure Instead, this effort is to kill the rule. unsafe and continue to suffer and to ergonomic hazards in the workplace This is scorched earth policy to pre- struggle with disabling injuries. That causes ergonomic disorders; and, two, vent OSHA from ever issuing a rule in should not be the tradeoff. these injuries can be prevented. ‘‘substantially the same form, unless Does anybody wonder why we have a This is the report. If I were to list— specifically authorized by a subsequent 40-percent turnover in nursing homes and I don’t have time because other act of the Congress.’’ That is what this every year? Part of it is the low wages colleagues will speak—the panel com- is all about. and part of it is outrageous working position, it extends from internal med- Let me be clear about this. My col- conditions, taking care of our mothers icine to nursing to physiology to bio- leagues are not interested in making and fathers who built the country on mechanics to human factors engineer- any kind of accommodation. That is their backs. One would think we would ing, a most distinguished panel of men not what this is about. They are not in- do well for parents and grandparents and women. The National Academy of terested in saying, yes, there are some and for the human service workers who Sciences found a strong and persistent parts in this rule we don’t like; let’s take care of them. We don’t do well for pattern, both on the basis of epidemio- see if we can fix them. What they want the men and women who take care of logical studies and biomechanical stud- to do is avoid accountability for work- our parents and our grandparents in ies, that indeed there was a huge prob- er safety. That is what this is all nursing homes or in home health care

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1844 CONGRESSIONAL RECORD — SENATE March 6, 2001 when we do not take action to protect This regulation is a perfect illustra- would burden State and local govern- them and make sure they are safe. tion of how political gamesmanship ments and erode their traditional au- I can only say that the supreme irony can subvert rational policymaking. thority. OSHA failed to properly con- of this week is that now that we take At the outset, I will address some of sult concerned local representatives or away the protection, if you are dis- the claims made about this resolution to fully explain the potential effect on abled and you can no longer work, then of disapproval. Some assert that this State and local employers. what we are going to do, starting to- resolution is an attack on worker safe- After spending years to study the im- morrow, is pass the bankruptcy bill ty. Some may even claim this resolu- pact of this mega-regulation, OSHA ne- that is going to make it impossible for tion will bar OSHA from addressing the glected to consider the economic im- most people in the country to any problem of musculoskeletal disorders. pact of its proposed regulation on longer file chapter 7 and rebuild their The truth is, none of us oppose worker State and local governments. This is lives. Incredibly harsh. Great for the safety. Many of us have worked on not a small oversight, to say the least. credit card companies. It doesn’t hold those assembly lines we hear so much When OSHA published its proposed them accountable for their predatory about. Some have firsthand experience ergonomics standard in November of policies, for pumping these credit cards with such matters. 1999, OSHA claimed ‘‘few if any of the on our children and grandchildren. But, This resolution prevents an irrespon- affected employers are State, local, or boy, when it comes to families that sible and unworkable regulation from tribal governments.’’ Then OSHA heard find themselves in terrible economic taking effect. OSHA will still retain the howls of protest and conceded that the freedom to address the problem of circumstances because of a major med- the regulation certainly was going to musculoskeletal disorders, including ical bill, or because of the loss of a job, impose very large and real burdens on through the use of its general enforce- or because of a divorce, it is going to be these groups. practically impossible for people to re- ment authority or by reissuing a rea- Such small inconvenience did not build their lives. sonable regulation. Just because some- slow OSHA’s rush to ram out this regu- So I say that working families get thing has been worked on for many lation in final form in the last days of the shaft on the floor of the Senate years does not mean the final product the Clinton administration. OSHA sim- produced at the last minute is a rea- this week and next week as well. I say ply cranked out a perfunctory eco- sonable product. Perhaps a lot of good that is a shame. But I say that I be- nomic analysis last May and provided work went into this over the last 10 lieve in the intelligence of people, and State and local governments a grossly years, but what counts, as we have my guess is that citizens in the coun- inadequate 30-day period to comment learned in so many other areas, is what try will figure this out and they will on OSHA’s slipshod economic analysis. happened as it went out the door. have a pretty good sense of who gets OSHA also moved its July 7 hearing to represented well here and who is left There is not enough time to discuss all of the flaws and problems with this consider the economic impact on these out. parties from Washington, DC, to At- I will finish with this sentence. I regulation. Many of my colleagues have discussed, and undoubtedly will lanta, GA, during a time when there think, unfortunately, that even though was a huge convention in Atlanta and I don’t believe it is intended, because discuss, some of these problems. They rooms were scarce. Many interested Senators on the other side of this de- will show this regulation is the product parties, including representatives of bate are good people—we just dis- of an unfair, biased process. The rule local government, were not even able agree—I think the effect of this resolu- will unfairly burden businesses all to attend due to the expense and incon- tion overturning 10 years of work, across America, especially small busi- nesses. Beyond the private sector bur- venience involved. overturning this rule, so important to When it issued the final rule, OSHA protecting men and women in the dens, this regulation will cost the U.S. Postal Service over $3.4 billion, plus admitted there would, indeed, be eco- workplace—the effect is to make many nomic burdens for State and local gov- working Americans, men and women, $1.5 billion annually thereafter. My col- ernments—to the tune of about $558 expendable. We are making them ex- leagues will also show this regulation million each year. Other estimates are pendable. We are saying to many work- is incomprehensible. This regulation is much higher. The Heritage Foundation ing class people in the country that unworkable. All of this is cause for estimated that the cost of the you are expendable Americans. I am in concern. I am particularly concerned ergonomics proposal on State and local profound opposition to that statement. about the burden this regulation im- I yield the floor. poses on businesses in Tennessee. But I government would be about $1.7 billion. Mr. ENZI. Mr. President, I yield such will not rehash all of these arguments When OSHA proposed this regulation, time as the Senator from Tennessee in the limited time I have today. In- it claimed that the Unfunded Mandates may use. stead, I want to focus on how the Clin- Reform Act did not apply. In the pre- The PRESIDING OFFICER. The Sen- ton ergonomics regulation would harm amble to its final rule, OSHA does not ator from Tennessee is recognized. State and local governments and vio- deny that the ergonomics regulation Mr. THOMPSON. Mr. President, I late principle of federalism. would impose an enormous unfunded rise in support of the proposition that As chairman of the Governmental Af- mandate. But it glibly claims that the in a democratic republic it is entirely fairs Committee, I have the responsi- final rule is the most cost-effective al- appropriate for elected representatives bility to oversee Federal-State rela- ternative. We have already seen many to have some say-so when a bureauc- tions. Over the past several years, I instances where the Clinton adminis- racy produces a rule that so greatly af- have struggled with the Clinton admin- tration thumbed its nose at the Un- fects people’s lives. istration over its federalism policy. funded Mandates Act. A GAO report I As we get into our discussion, we can This ergonomics regulation is con- requested a couple of years ago con- discuss some of these broad, powerful, sistent with their disrespect for the cluded that the Unfunded Mandates greedy interests that have been re- principle of federalism. By many meas- Act has had little effect on agency ferred to, and we can discuss exactly ures, this would be the most burden- rulemaking. I think this episode cries who is affected by this rule and wheth- some regulation ever imposed by out for reexamining the Unfunded Man- er or not all these people fit that defi- OSHA. It would amount to an enor- dates Act. nition that our previous speaker has mous unfunded mandate. It would pre- I am concerned that many govern- just cast on everyone who comes to us empt traditional State and local au- mental entities—towns, water dis- with concern about this rule. thority. It could seriously impair State tricts, volunteer fire departments, and I rise in support of the resolution of and local governments across our coun- so on—will not be able to sustain the disapproval of OSHA’s ergonomics reg- try, and certainly in Tennessee. It cost of this unfunded mandate without ulation. I do not make this decision could hit hardest in many small and increasing taxes or cutting vital serv- lightly, but this regulation is so un- poor communities where local govern- ices. Local governments simply do not workable, and the process under which ments struggle to meet the needs of have adequate resources to meet these it was issued so unsound, I believe I their citizens already. far-reaching mandates from OSHA. have no choice but to support its dis- Yet until the 11th hour, OSHA ne- This is true both in Tennessee and approval. glected to consider how its regulation across America.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1845 According to the National League of The Tennessee Legislature passed a statutory rights, duties or liabilities of em- Cities, out of 36,000 cities and towns in resolution calling on Congress ‘‘to take ployers and employees under any law with America, 91 percent have populations all necessary measures to prevent the respect to injuries, diseases, or death of em- of fewer than 10,000. The average an- ergonomics regulation from taking ef- ployees arising out of, or in the course of, employment.’’; and nual budget of these small towns and fect.’’ They are concerned that the cities is about $1.6 million. At the end ergonomics rule will preempt Ten- Whereas, the Occupational Safety and of the day, there is simply no money Health Administration (‘‘OSHA’’), notwith- nessee’s workers’ compensation sys- standing this statutory restriction and the for lawyers and ergonomics experts. tem, impose drastic requirements on constitutional, traditional and historical But the story does not end there. the state government, and cause hard- role of the states in providing compensation This standard preempts an area of tra- ship for many Tennessee businesses. I for injuries in the workplace, has neverthe- ditional State authority. State work- agree, and I wish the Clinton Adminis- less published a proposed rule that, if adopt- ers’ compensation systems are based on tration had listened to the representa- ed, would substantially displace the role of decades of experience and careful delib- tives of the people of Tennessee. the states in compensating workers for mus- eration. We talk about 10 years work- The concerns raised by Tennessee are culoskeletal injuries in the workplace and ing on this rule. What about the many shared by many other state and local would impose far-reaching requirements for more years it has taken to develop implementation of ergonomics programs; governments. The National League of and State workers’ compensation laws that Cities, the largest and oldest organiza- are totally abrogated by this rule? Whereas, the proposed rule creates in ef- tion representing the nation’s cities fect a special class of workers compensation In one fell swoop, OSHA would over- and towns, has opposed the regulation turn the careful policy choices of the benefits for ergonomic injuries, requiring from the beginning. The Western Gov- payment of up to six months of wages at States. This regulation supersedes ex- ernors’ Association passed a resolution ninety percent (90%) of take-home pay and isting State workers’ compensation detailing how the regulation would su- one hundred percent (100%) of benefits for programs despite the fact that the Oc- persede the entire complex of state absence from work; and cupational Safety and Health Act workers’ compensation provisions and Whereas, the proposed rule would allow makes clear that OSHA may not super- conflict with state laws. employees to bypass the system of medical sede or in any way affect any workers’ Mr. President, a couple of years ago, treatment provided by Tennessee law for compensation law. I fought the Clinton Administration’s workers’ compensation injuries and to seek The rule’s work restriction protec- attempt to repeal President Reagan’s diagnosis and treatment from any licensed tion provisions, which require employ- health care provider paid by the employer; Executive Order on Federalism and to ers to pay 90 percent of earnings and and replace it with a new Order that would 100 percent of benefits to employees un- Whereas, the proposed rule would require have created new excuses for federal able to work, would effectively create a employers to treat ergonomic cases as both meddling in state and local affairs. Federal system of workers’ compensa- workers’ compensation cases and OSHA tion. The rule would also allow employ- Ironically, the Clinton Administration cases and to pay for medical treatment ees to bypass the system of medical tried to issue this executive order, under both; and treatment provided by State law for which called for more consultation Whereas, the proposed rule could force all workers’ compensation injuries and with state and local government, with- manufacturers to alter workstations, rede- seek diagnosis and treatment from any out consulting with state and local sign facilities or change tools and equip- governments at all. A firestorm of pro- ment, all triggered by the report of a single licensed health care provider. injury; and Did Congress intend to delegate the test from state and local officials led authority to the bureaucracy to estab- the White House to adopt a new fed- Whereas, the proposed rule would require eralism order that mimicked the all American businesses to become full-time lish a Federal workers’ compensation experts in ergonomics, a field for which there law in this area and to preempt State Reagan Order. The Clinton Administra- tion promised to consult more with is little if any credible evidence and as to laws that were formulated over the last which there is an ongoing scientific debate; decades? I don’t think so. By inter- state and local officials. But a year and later, on the most burdensome regula- jecting a special Federal compensation Whereas, the proposed rule would cause system for ergonomic injuries into tion ever proposed by OSHA, the Clin- hardship on businesses and manufacturers State compensation programs, the ton Administration did not address the with costs of compliance as high as eighteen work restriction protection provisions problems raised by state and local offi- billion dollars ($18,000,000,000) annually, would provide preferential treatment cials, did not seriously consider the without guaranteeing the prevention of a for people with musculoskeletal dis- enormous impact of this unfunded single injury; and orders as opposed to every other job-re- mandate, and did not trouble itself Whereas, the proposed rule may force busi- lated injury or illness. with the rule’s disruption of complex nesses to make changes that would impair Some local representatives have ar- areas traditionally regulated by the efficiency in distribution centers; and gued that the work restriction protec- states. Whereas, this proposed rule is premature tion provisions could provide an em- I ask unanimous consent that the until the science exists to understand the ployee who hurts his wrist playing ten- resolution of the Tennessee legislature, root cause of musculoskeletal disorders, nis more money in benefits than cur- a letter from Tennessee Governor Don OSHA should not rush to make rules that are rent benefits provide a laborer who Sundquist, and the letters from Mayor likely to result in a loss of jobs without con- sensus in the scientific and medical commu- loses his arm. Victor Ashe of Knoxville and Mayor nities as to what causes repetitive-stress in- To make matters worse, the work re- Charles Farmer of Jackson, be printed juries, and medical researchers must answer striction protection provisions double in the RECORD. fundamental questions surrounding the opportunity for fraud by failing to There being no objection, the mate- ergonomics before government regulators provide employers any recourse for re- rial was ordered to be printed in the impose a one-size-fits-all solution; now, covering workers’ compensation pay- RECORD, as follows: therefore, ments from employees who have al- SENATE JOINT RESOLUTION 610 Be it Resolved by the Senate of the One ready received their earnings and bene- Whereas, Tennessee has enacted a com- Hundred First General Assembly of the State fits through the work restriction pro- prehensive workers’ compensation system of Tennessee, the House of Representatives tection provisions. The double payment with incentives to employers to maintain a concurring, That this General Assembly would take more money away from safe workplace, to work with employees to hereby memorializes the United States Con- people with real injuries who have le- prevent workplace injuries, and to com- gress to take all necessary measures to pre- pensate employees for injuries that occur; vent the proposed ergonomics rule from tak- gitimate claims. ing effect. My concerns are shared by many and State and local governments that face Whereas, Section 4(b)(4) of the federal Oc- Be it further Resolved, That an enrolled cupational Safety and Health Act, 29 U.S.C. copy of this resolution be transmitted to the this unfunded mandate and the erosion § 653(b)(4), provides that ‘‘Nothing in this Speaker and the Clerk of the United States of their traditional authority. Both chapter shall be construed to supersede or in House of Representatives; the President and houses of the legislature of my home any manner affect any workmen’s compensa- the Secretary of the United States Senate; State of Tennessee are controlled by tion law or to enlarge or diminish or affect and to each member of the Tennessee Con- the Democratic Party. in any other manner the common law or gressional delegation.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1846 CONGRESSIONAL RECORD — SENATE March 6, 2001 STATE OF TENNESSEE, facilities, which could cause undue financial force, they account for over 64 percent Nashville, TN, March 5, 2001. hardships on businesses without guaran- of these repetitive motion injuries. Hon. FRED THOMPSON, teeing the prevention of a single injury. More statistics may be somewhat Dirksen Senate Office Building, In some work environments such as fire helpful here. According to the Bureau Washington, DC. fighting and police activity it would be im- of Labor Statistics, 1.8 million ergo- DEAR SENATOR THOMPSON: I’d like to offer possible to alter the components of their job you my support for Senate Joint Resolution and remain effective. nomic injuries are reported each and 6, which disapproves the ergonomics rule It is unclear how state and local govern- every year, and have been for well over submitted by the Department of Labor. ment employees will be affected by the rule. the last decade as our economy pro- I oppose unfunded federal mandates and be- OSHA did not conduct a cost-benefit anal- duced more jobs of the kind I just de- lieve in each state’s right to set workplace ysis revealing the fiscal impact of the rule. scribed. Six hundred thousand people laws. The Ergo Rule is too complex, too un- The rule is an unfunded mandate thereby have lost work time as a result of these workable and would be far too costly for placing the burden of funding on states and state and local governments at a time when injuries. Ergonomic injuries cost busi- cities. nesses $50 billion a year. Finally, most state and local governments are work- In short the rule is costly and unworkable. ing to cut costs in an effort to continue to Thank you for your attention to this mat- women, who make up 46 percent of the provide quality, effective services without ter. Please advise as to how I can provide workforce, account for a majority of overburdening taxpayers. further assistance of information. these injuries that are occurring in the In addition, the ergonomics legislation Yours truly, workplace. These injuries are debili- would negatively impact hundreds of Ten- CHARLES H. FARMER, tating. They are painful and the eco- nessee businesses. For these reasons, I join Mayor. nomic hardship caused by them is sig- you and the Tennessee Association of Busi- ness, the Tennessee Apparel Corporation, the f nificant. Tennessee Grocers Association, the Ten- RECESS I can tell you firsthand about a nessee Automotive Association, the Ten- woman who spent 30 years working in nessee Malt Beverage Association, the Ten- The PRESIDING OFFICER. The hour the Senate, and worked with me for al- nessee Health Care Association and Chat- of 12:30 having arrived, under the pre- most the last 20 years. She developed tanooga Bakery Inc. in support of Senate vious order the Senate will stand in re- carpal tunnel syndrome, a very painful Joint Resolution 6. cess until the hour of 2:15 p.m. injury. She was a valued worker in my If I can be of further assistance on this or Thereupon, the Senate, at 12:30 p.m., office and showed up for work every other matters please don’t hesitate to call. recessed until 2:15 p.m.; whereupon, the day. I do not recall her ever being ab- Sincerely, Senate reassembled when called to DON SUNDQUIST. sent during the 20 years she spent with order by the Presiding Officer (Mr. me. When she developed carpal tunnel THE CITY OF KNOXVILLE, ENZI). syndrome, she was unable to perform Knoxville, TN, March 5, 2001. f her regular duties. But we found other Hon. FRED THOMPSON, work in the office for her to do until U.S. Senate, DISAPPROVAL OF DEPARTMENT OF LABOR ERGONOMICS RULE— she was able to recover. She continued Washington, DC. working in my office until she retired. DEAR FRED: I am writing to advise you Continued that I fully support S.J.R. 6. I mention these statistics and num- This regulation regarding ergonomics is ill The PRESIDING OFFICER. Who bers because I find it rather appalling advised and will adversely impact local gov- yields time? that we are now in the business, if this ernments. It will, in fact, impose another un- Mr. DODD. Mr. President, I ask unan- resolution is adopted, of abolishing the funded mandate on local governments that imous consent that the order recog- rules that provide help for 1.8 million would prove to be extremely costly for our nizing Senator THOMPSON be vitiated. people a year who are injured by repet- taxpayers. It would eventually result in re- The PRESIDING OFFICER. Without itive stress injuries. It is the kind of duced services and/or a property tax in- objection, it is so ordered. crease. protection workers ought to be getting This regulation is complex and unwork- The Senator from Connecticut is rec- under OSHA. I don’t know of another able. It is unclear how state and local gov- ognized. time in the 20th century when we ernments will be affected. In addition, there Mr. DODD. Mr. President, I wish to rolled back the clock on protecting can be no alternative position established for address the Senate on the matter be- workers in this country from work-re- personnel such as firefighters and police offi- fore us that has been the subject of the lated injuries. cers. debate all morning—the resolution I know there were times when people I am hopeful your efforts to stop this regu- which would vitiate OSHA regulations fought the initial legislation that pro- lation from taking effect will meet with suc- on ergonomics. Ergonomics is a dread- cess. vided protection. But I don’t know if Sincerely yours, ful name. I am trying to find a good there was ever a time since this Nation VICTOR ASHE, definition for it. It is probably causing first decided it was in the national in- Mayor. some people to wonder what this de- terest to provide protection for people, bate is all about. that we have rolled back the standards CITY OF JACKSON, I am told that ergonomics is the in 10 hours of debate—10 hours. That is Jackson, TN, March 5, 2001. science of fitting the job to the worker it, 10 hours of debate, after 10 years of Re S.J. Resolution 6. and ergonomic injuries are repetitive crafting these rules to provide these Senator FRED THOMPSON, stress injuries. protections. Committee on Governmental Affairs, There have been some rather star- Let me tell you what is the greatest Washington, DC. tling statistics regarding these stress- DEAR SENATOR THOMPSON: I urge you to irony of all. Who started this debate? support S.J. Resolution 6 which allows for related injuries over the last number of Who proposed that we do something disapproval of the rule submitted by the De- years. The National Academy of about this? It was the Secretary of partment of Labor relating to ergonomics Sciences and the Institute of Medicine Labor, Elizabeth Dole, who first regulation for the following reasons: report of January, 2001, reported that brought up the issue that we ought to Tennessee has already enacted a com- in 1999, nearly 1 million people took do something about protecting people prehensive and effective workers’ compensa- time from work to treat or recover from these kinds of injuries. tion system that encourages employers to provide a safe working environment and to from work-related ergonomic injuries. In fact, it was in August of 1990, in compensate employees for injuries that The cost of these injuries is enor- response to evidence that repetitive occur. mous—about $50 billion annually. stress injuries were the fastest growing The proposed rule would displace the role Many of the people with ergonomic in- occupation illnesses in the country, of states in compensating workers for mus- juries we are familiar with, such as that Secretary of Labor Elizabeth Dole culoskeletal injuries in the workplace. meat-packing workers and poultry announced the beginning of rule- It would require employers to compensate workers, assembly line workers, com- making on the ergonomics standards. workers for medical treatment under both the existing workers’ compensation rules puter users, stock handlers and can- Two years later, in 1992, her successor, and OSHA rules. ners, sewing machine operators, and Lynn Martin, under yet another Re- The rule would force manufacturers to un- construction workers. While women publican Administration, issued an ad- necessarily alter workstations and redesign make up 46 percent of the overall work- vanced notice of proposed rulemaking

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1847 on these repetitive stress injuries. And great step backwards. I am terribly dis- workplace because I want to assure not until substantial scientific study appointed that the leadership of this him that this Senator from Arkansas, had been conducted did the Clinton ad- body has decided to choose this route who supports the resolution of dis- ministration release a draft of proposed as a way of dealing with this issue. approval, feels very strongly, as I know standards in February of 1999. There is more misinformation being the Presiding Officer, who has worked However, before issuing the final heard about this particular issue than long and hard on this issue, does, that rule, the Occupational Safety and anything else I can think of. the ergonomics issue needs to be dealt Health Administration extended the As I said, these injuries are debili- with but needs to be dealt with prop- comment period, at the request of some tating. They are painful. People are erly. of my colleagues and others, and held 9 losing work and time. Are we just Frankly, you may have 7,000 com- weeks of public hearings. They heard going to wipe out all of these stand- ments, but if they are ignored, and the from 1,000 witnesses and reviewed 7,000 ards, after 10 years of research, sound rule is changed, then that process is written comments. The final standards science and an unprecedented amount flawed. Frankly, to question the proc- were issued in November of 2000 and of time for public comment? ess we are now going through is to they went into effect on January 16, Employees have a right to expect a question the lawmaking authority and 2001. safe workplace. We fought long and the right of the Congress. So after 10 years of work by good hard in this country to provide these What has brought us to this point? It people who did not bring any ideolog- rights for people. And all along the is the fact that there are agencies out ical bent to this at all—at the sugges- way, there were those who objected— there that have sought to do what we tion of two Republican Secretaries of whether it was child labor laws or safe- are constitutionally authorized to do; Labor—today, in 10 hours of debate, we ty and health standards, work condi- that is, to make the laws and the poli- are going to wipe all of this out. tions, or hours. Unfortunately, at every cies for this country. I am not going to stand here and sug- critical moment in history there have I want to take just a moment to com- gest to you that every dotted ‘‘i’’ and been those who stood up and said: We mend the Presiding Officer, Senator crossed ‘‘t’’ in these regulations is per- can’t afford to do this; that it is an on- ENZI, who made an eloquent and very fect or right. I do not claim that level erous burden on the employers of this accurate and detailed speech earlier of expertise to know whether or not country to have to provide a safe work- today. But, more than that, I thank that is the case. But if it is not perfect, place. People ought to be grateful they him for the hearings he has conducted then let’s fix it. Do not wipe all of this have a job and not complain about the and the information he has brought out—not after 10 years of work. It conditions under which they work or forward and elicited about how this would take an act of Congress, adopted the injuries they may incur at the process went forward, about witnesses by both Houses and signed by the workplace. At every moment in his- who were paid, instructed, coached, President, in order for the Administra- tory, when people have stood in this practiced, to arrive at a preordained tion to put some regulations back into Chamber and elsewhere and fought on outcome. I thank Senator ENZI for the effect to protect people. behalf of working people, there have role he played as part of this process to What are these regulations? I think been people who have stood up and which Senator DODD was referring. Un- it is also very revealing what these said: We can’t afford to do it. It is too fortunately, after hearing after hearing standards are. The standards require complicated. And we are not going to that was conducted, the outcome and that all covered employers provide do it. the evidence that was elicited was ig- their employees with basic information Those who are offering this resolu- nored by OSHA. about signs and symptoms of these re- tion may succeed today, but the Amer- I commend Senator NICKLES for his petitive stress injuries or ergonomics ican people will not forget it. And the foresight years ago in sponsoring the injuries, the importance of reporting 1.8 million people this year—65 percent Congressional Review Act. With the these injuries, risk factors associated of them women—who are going to suf- CRA, we have a means by which we can with ergonomic hazards, and a brief de- fer, with no recourse, will not forget it, address an agency that goes amok and scription of the ergonomics standard. either. passes a rule that is not in the interest The employer has no further respon- There is a process by which you can of the American people. sibilities under the rule unless an em- fix this law, if you want to. A 10-hour I see Senator BOND, who has walked ployee reports an ergonomic injury or debate on an unamendable resolution, on the floor. He has worked long and signs of symptoms of an ergonomic in- after 10 years of work, is not the way hard and felt strongly about this issue jury that lasts for 7 days after being re- to go. It is not the way to go. and has played an important role in ported. I urge the authors of this resolution bringing us to this day and allowing Then, if the employer determines, to withdraw it before the vote occurs Congress the opportunity to assert its and I never heard of a rule set up like this afternoon and allow this Chamber rightful role once again. Senator this—if the employer determines that and the Members to work on this with THOMPSON, who spoke earlier, has the ergonomic injury is work-related, the administration, and not reach some played an important role as well. and that the injured employee is ex- fait accompli that wipes out 10 years of For the first time ever, the Senate posed to serious hazards, the employer work by intelligent, smart people who will today utilize the CRA to vitiate must craft an appropriate remedy. Not knew what they were talking about. I and overturn an agency rule—that is, a some neutral board, the employer would hope the leadership would see fit several-hundred-page OSHA rule—that makes the determination. to do so. imposes the largest and most costly To call this excessive stretches the I yield the floor. regulatory mandate in American his- imagination and credulity. These are Mr. HUTCHINSON addressed the tory on the workplace. It is appro- not onerous standards. And if we want Chair. priate that this would be the first use to fix some of them, then let’s try to do The PRESIDING OFFICER. The for the CRA. that. But to eliminate it altogether, Chair recognizes the Senator from Ar- My colleague from Connecticut said —in 10 hours of debate or less—after all kansas. that under the rule the employer of this work, I find terribly dis- Mr. HUTCHINSON. Mr. President, I makes the determination. Therefore, appointing, to put it mildly. commend the passion of my colleague that is a good thing. That is one of the We are only a few weeks into this from Connecticut. I have the utmost problems. Under the OSHA rule, the new administration. There are ways in respect and admiration for him. I know employer is going to be asked to deter- which you address problems. This is how strongly he feels about this. I mine health conditions, to determine not a proper way to do so. There are 100 know in his comments he was not in whether or not the health condition of of us in this Chamber who care about any way insinuating those of us who his employee was caused by a work- these issues and who can work on take a different position than he on place condition or something that hap- them. But to bring up a resolution like this would not be concerned about pened outside the workplace. The em- this and try to jam it through, and workers, that we would not be con- ployer is going to be asked to have the eliminate all this work, I think, is a cerned about health and safety in the wisdom of Solomon in making those

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1848 CONGRESSIONAL RECORD — SENATE March 6, 2001 kinds of determinations. That does not There is not one Member of this dis- WRP in the rule. Why didn’t OSHA make this rule better. It is a big flaw tinguished body who does not advocate simply allow States to continue admin- in the rule. the safety and well-being of our work- istering this provision? How does My colleague also said that it is not force. Let me be clear. If this rule was OSHA help the employer determine if onerous. I will let the American people about employee safety and health, we the employee’s injury occurred from make the judgment of whether it is on- wouldn’t be having this debate today. work-related activities versus a dis- erous or not. This is the rule. It has Unfortunately, this standard was not order acquired from home? The fact is, been said that it is only 8 pages out of meant to improve working conditions the rule does not explain it, and OSHA what I am holding, but no one has sug- but rather to place a $63 billion or a never intended to answer these ques- gested that the American $100 billion—depending upon whose tions. businessperson will not have to read studies you look at; the Small Business Suppose there is an employee whose and be familiar with every item in this Administration says it is up to $63 bil- job involves operating a keyboard. 608-page rule. lion—annual mandate on employers Let’s suppose that in the course of These are the supplementary mate- and, in so doing, circumvent State ju- time there is a repetitive motion afflic- rials that the businessman himself risdiction and require small employers tion. Let’s suppose that in fact there is must buy. This is seven out of the to fulfill and to fully understand vague an ergonomic result physically for that eight. We could not get the eighth. The scientific solutions to extremely com- worker. The complaint is made. It is cost for these items will run $221— plex medical conditions. discovered that the worker usually, money the employer must pay just to To all of those today who stand on and on an ongoing basis, is on the find out with what he has to comply. I the floor and champion workers’ Internet 2 or 3 hours a night after leav- will let the American people and my rights, this rule will result without ing the workplace. How is that em- colleagues determine whether that is doubt in sending jobs overseas where ployer to determine what is in fact the an onerous burden. I believe it is. there are often no worker protections cause of that disorder? Under the For more than two centuries, the at all. There are going to be jobs cut. OSHA rule, it doesn’t really matter. If three branches of our Federal Govern- There are going to be companies the workplace contributed even in the ment have respected the checks and closed. There are going to be jobs ex- slightest to the disorder, they then balances. This is not just a concept ported overseas. Americans will stand would be eligible for the remedies taught casually during our high school to lose those jobs, and overseas there under the OSHA rule. I could go on. The employee com- civics course. It is the means by which are going to be workers with far fewer plains about a back strain. Is the back our American system of government worker protections who will inherit strain the result of sudden lifting of has endured. The executive rulemaking those jobs. That is why this debate is furniture at home, or is it the result of process should be treated with respect. occurring and why our vote on this res- some activity in the workplace? Under Without it, the laws we pass cannot be olution is so imperative. the OSHA rule, it is the employer who Recall that on Friday, November 19, administered nor enforced. is liable to make those kinds of deter- 1999, Congress adjourned for the year However, the rulemaking process minations and to provide relief. must also have checks. There must be having completed its work for the first In terms of State jurisdiction, the a means by which a rulemaking body session of the 106th Congress. After we hearing that the Presiding Officer, Sen- that goes too far and exceeds their left town, OSHA announced the fol- ator ENZI, conducted revealed that the statutory authority can be reined in by lowing Monday its new ergonomics pro- WRP provision is a direct violation of the elected representatives of the peo- posal. OSHA knew then that the clock section 4(b)(4) of the 1970 OSHA act. ple. This process is what we are in- had started ticking to complete action Let me read this. Senator ENZI went volved in today. within the next 13 months. OSHA, how- through some of this previously. Let How did we arrive at this point? How ever, decided it was in our best interest me read it because it is so very clear. did we end up with a rule that is 608 to shotgun the proposal through its Nothing in this chapter shall be construed pages long, incomprehensible to the av- hoops in 1 year’s time, refusing to wait to supersede or in any manner affect any erage businessman, and where the busi- for the completion of the $890,000 NAS workmen’s compensation law or to enlarge nessman has to pay $221 to get the sup- study which since then has been com- or diminish or affect in any other manner plementary materials to find out with pleted. the common law or statutory rights, duties, what he has to comply? The Senate Subcommittee on Em- or liabilities of employers and employees under any law with respect to injuries, dis- I suggest it starts with this men- ployment, Safety and Training, after eases or death of employees arising out of, or tality. This is a statement made in an weeks of evaluating the impact that in the course of, employment. interview by Martha Kent, former di- this proposal would have if actually en- Nothing in this chapter shall be con- rector of OSHA’s safety standards pro- forced, held the first Senate hearing strued to supersede or affect workers gram, a May of 2000 interview by the examining just one of many portions of compensation laws. I am like you, Sen- American Industrial Hygiene Associa- OSHA’s proposal, the work restriction ator ENZI. What part of that do we not tion trade journal. This is what she protections. The WRP provisions would understand? This is the very act that said: require employers to provide tem- established OSHA. They now, in clear I absolutely love it. I was born to regulate. porary work restrictions, up to and in- defiance of the statute authorizing I don’t know why, but that’s very true. So as cluding complete removal from work, their very existence, have promulgated long as I’m regulating, I’m happy....I based either upon their own judgment a rule and finalized a rule that violates think that’s really where the thrill comes in. or on the recommendation of a health their charter. They were explicitly told And it is a thrill; it’s a high. care provider. at the time the agency was established: It may be a high for the regulator. It If the employer places work restric- You will not tamper with State work- may be a thrill for the rule writer, but tions upon an employee which would ers compensation laws. That is the it is no thrill for the small business- allow them to continue to perform State domain. man with 20 employees or 30 employees some work activities, the employer I hope all my colleagues, whatever or 200 employees who has to try to de- must provide 100 percent of the em- your feeling about how we should ad- cipher what that thrill-loving rule ployee’s earnings and 100 percent of dress ergonomics, will examine this writer meant. work benefits for up to 90 days. If the single issue: Is it the right of any Fed- That is how we have come to this employee is completely removed from eral agency to establish a national point. In 1996, Congress and the Presi- work, the employer must provide 90 workers compensation law? Is that the dent believed it was important enough percent of the employee’s earnings and domain of a Federal regulatory agen- to preserve this balance by enacting 100 percent of benefits for up to 90 days. cy? the Congressional Review Act. I am That is not a bad deal, much better I suggest that on both sides of the glad we have that tool today. We are than one would find under most State aisle the answer is no. If we are going having this debate to guarantee that workers compensation programs. to have a national workers compensa- rogue rulemakings do not become gov- This certainly raises the question as tion system, managed and adminis- erning law. to what the motive was for having tered by the Department of Labor, then

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1849 it should go through this Chamber. It I say to my colleagues, the law was I suggest it is not big business that I should be written and authorized by clear, the report language is clear; how have heard most from; it is small busi- the Congress and signed into law by can this be misconstrued by OSHA? nesses all across the State of Arkansas the President. It should not be done in They are violating the very law that with anywhere from 20 employees to a rogue rulemaking process. established and authorized their agen- 200 employees. The rule is a concern for I believe we not only have seen an in- cy. working families. I am concerned fringement in OSHA upon the rightful Another factor that was overlooked, about the working families whose pri- constitutional lawmaking authority of I believe, was the proposal’s price tag. mary breadwinner will lose their job or Congress; we have also seen a tram- There have been a whole slew of num- see that job exported overseas. pling of State jurisdiction in the area bers tossed around, so I will use what I ‘‘Will not be outmaneuvered by this of workers compensation laws. We spe- believe to be the most reliable and con- political power play’’—one can judge cifically withheld from OSHA the au- servative figure—one put forth by the where the political power play is; I sug- thority to supersede or affect State Clinton administration itself. Accord- gest it was at OSHA—from an open de- workers compensation laws. Congress ing to their Small Business Adminis- bate before the American people on the did this because State workers com- tration, OSHA has grossly underesti- floor of the Senate. It is small business pensation systems are founded upon mated the cost impact of its proposal. that will be most impacted. the principle that employers and em- The SBA ordered an ‘‘Analysis of According to the National Coalition ployees have both entered into an OSHA’s Data Underlying the of Ergonomics, an alliance of more agreement to give up certain rights in Ergonomics Standard and Possible Al- than 50 trade organizations that are exchange for certain benefits in the ternatives Discussed by the SBREFA opposed to the OSHA rule, the new reg- area of work-related injuries and ill- Panel.’’ ulation will cost $6 billion annually in nesses. Most often, employers give up Policy, Planning, and Evaluation, the trucking industry, $26 billion in the most of their legal defenses against li- Inc.—PPE—prepared the analysis and food industry, and $20,000 at every con- ability for the employees’ injuries, and it was issued on September 22, 1999. venience store across the country. Ac- the employees give up their right to PPE reported: cording to the OSHA standard, the em- seek punitive and other types of dam- OSHA’s estimates of the costs in its Pre- ployees who suffer ergonomic injuries, ages in turn. The crucial factor that liminary Initial Regulatory Flexibility Anal- also known as MSDs, could get more makes State workers compensation ysis of the draft proposed ergonomics stand- compensation than workers injured in systems possible is that the remedies it ard, as furnished to the SBREFA Panel, may other ways. provides to employees are the exclusive be significantly understated, and that Let me mention one small business- OSHA’s estimates of benefits of the proposed remedies available to them against standard may be significantly overstated. man, Jim Zawaclo, president and their employers for work-related inju- owner of GR Spring and Stamping, That is from the Clinton administra- ries and illnesses. That won’t be the Inc., an auto supplier in Grand Rapids, tion’s Small Business Administration. case come October 15, 2001, when em- MI, with about 200 employees. He esti- PPE further reported: ployers must be in compliance with mates his company will spend as much OSHA’s rule, unless we act today. OSHA’s estimates of capital expenditures as $10,000 between now and October in on equipment to prevent MSDs do not ac- If you can receive 90 percent of com- count for varying establishment sizes, and an effort to comply with the law. pensation under OSHA’s ergonomics seem quite low even for the smallest estab- Let me get a little closer to home for rule, it will absolutely undermine, pull lishment size category. me, Mansfield, AR. Complete Pallet, the rug out from under, State workers PPE attributed the overstatement of Inc., a small company in Mansfield, compensation laws. It will destroy the benefits that the rule will provide ‘‘to which is a very small community, re- trust and faith that has been developed the fact that OSHA has not accounted cently wrote: at the State level. WRP provisions are for a potentially dramatic increase in As a small business owner, I am alarmed at in direct contradiction to section the number of MSDs resulting in days the implications that the OSHA Ergonomics 4(b)(4) and will shake the foundation rule will have on my business and Arkansas’ away from work as workers take ad- economy in general. upon which State workers compensa- vantage of the WRP provisions.’’ tion systems rest because they will It is my understanding that this ruling OSHA estimated the proposal’s cost will force ‘‘ergonomic’’ structuring of our provide a conflicting remedy for em- to be $4.2 billion annually. That is al- small workforce and several ‘‘new’’ forms to ployees with work-related injuries and most laughable. PPE estimates that provide OSHA. I am not sure if you realize illnesses. the costs of the proposed standard the impact this will have on the small busi- Since WRP provisions will unques- could be anywhere from 2.5 to 15 times ness person, so I have taken the liberty of tionably differ from the current State higher than OSHA’s estimate—or $10.5 breaking down the cost figures for you: compensation systems, there will also Paperwork/Secretarial $1,440.00, Yard rear- billion to $63 billion a year higher. rangement ‘‘ergonomic’’ $150,000—For a total be confusion as to who is liable. As far Business groups have done their own as OSHA is concerned, that case is of $151,440.00 first year loss experience. That analysis and they put the number first year out-of-pocket expense would force closed—the employer is guilty, no much higher yet, at over $100 billion me to close my doors. In turn closing my questions necessary. per year. small plant down would put twenty (20) peo- This is precisely why Congress put Finally, the PPE report shows that ple in the unemployment line here in our section 4(b)(4) in the act 31 years ago. the cost-to-benefit ratio of this rule great State of Arkansas. But to be sure that this is what Con- may be as much as 10 times higher for I would greatly appreciate your vote gress had in mind, I dug deeper and small businesses than for large busi- ‘‘YES’’ on rejecting OSHA’s New Ergonomic rule. found the conference report filed De- nesses. cember 16, 1970. As it pertains to sec- It is not the large corporations that That is one example, 20 employees, 20 tion 4(b)(4), it reads: are going to be most impacted by this lost jobs, another small employer that The bill does not affect any Federal or rule. My great concern is not so much bites the dust because of the regu- State workmen’s compensation laws, or the for the large corporations, which will latory burden imposed. rights, duties, or liabilities of employers and be able to handle this in one way or an- So we are talking $63 billion a year. employees under them. other—though it will certainly nega- Who covers that cost? OSHA has a sim- If the statutory language isn’t clear tively impact our economy—my great ple answer, as we heard in the hear- enough, the conference report ought to concerns are for the small businesses of ings: Pass it on to the consumer. make it even more abundantly clear this country. Senator ENZI has pointed this out as what the intent of Congress was. All of AFL–CIO president John Sweeney clearly as anybody, but I will reiterate this came out in the hearings so well said recently: it. You cannot always pass on the cost conducted by Senator ENZI. There was to the consumer. The clearest example We will let our voices be heard loud and no answer from OSHA. There was no clear to let the Bush administration, the of that is Medicare and Medicare-reim- explanation as to how they were not Congress, and big business know that work- bursed businesses. The reimbursement tampering with State workers com- ing families will not be outmaneuvered by is, as we know, capped by Federal law. pensation laws. this political power play. There is nobody to whom to pass the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1850 CONGRESSIONAL RECORD — SENATE March 6, 2001 cost. Perhaps we should remember this done. I could talk at length about Wal- ing 5 percent that are deemed bad ac- when the Senate next considers yet an- Mart and what they have done as well tors? That is a rational alternative. other round of Medicare give-backs. as other Arkansas companies that have Our Secretary of Labor has assured us This ergonomics rule will only been proactive, without this very in- she will address this in a comprehen- heighten the need for such relief and trusive and burdensome rule from sive manner and in a fair manner. jeopardize the already critical lack of OSHA. This has been a proposal that, in my health care in rural States such as Ar- The rule is replete with vague and opinion, is not something that was 10 kansas or Wyoming. I listened to pro- subjective requirements where employ- years in the making but is something ponents of this ergonomics rule make ers must have an ergonomics plan in that has been shotgunned in its present the case, if we vitiate under the Con- place to deal with such hazards. OSHA form at the 11th hour. This agency, I gressional Review Act, thousands of said it is being flexible by allowing em- believe, has strayed from a common- additional employees will suffer. ployers to design a plan that caters to sense approach. It is the duty upon this Let’s be clear, with or without the their own workplace, but that same Chamber, upon this body, to pass this rule, OSHA can enforce current law. It ‘‘flexibility’’ also requires the em- resolution to ensure that OSHA is states this in the ergonomics proposal ployer to be an expert on ergonomic in- placed back on the right track. My col- on page 68267. Under section 5(a)(1) of juries, an understanding that many leagues have several sound reasons for the 1970 OSH Act, commonly referred physicians admit isn’t an exact science voting in favor of the resolution. The to as the General Duty Clause, OSHA at all. effective rule is a $63 billion annual can enforce ergonomic violations, and I share another true horror story mandate on employers, or more. It cir- according to the proposal, ‘‘OSHA has from the State of Florida. cumvents State jurisdiction. It re- successfully issued over 550 ergonomics I am the V.P., Human Resources, for a quires small employers to fully under- citations under the General Duty company which has a manufacturing plant stand extremely complex medical con- Clause.’’ It even lists a number of em- as a subsidiary. Last year, one of our em- ployers by name where they success- ployees developed a CTS problem with her ditions, and it will undoubtedly send fully enforced ergonomics violations wrists, allegedly due to her job as a sawyer. jobs overseas where there are often under the general duty clause. We had her go through an extensive evalua- very few protections for workers. So the vitiating of this rule does not tion process, and then did surgeries on each I remind my colleagues once again of somehow leave the American worker wrist although we had conflicting medical the statement that I began with, a data on the need, and also went through a unprotected—far from it. I point out, quotation from Martha Kent, who said, prolonged rehab process. We did transfer her to her, regulating is a way of life, regu- without the rule, in recent years we out of the saw department and gave her an have seen a steep decline in injuries— administrative job creating files, and deliv- lating is a thrill, regulating gives her a even without the new rule. These facts ering and picking up the files within an of- high. are available, though oftentimes I am fice area. A physical therapist consultant re- Our regulatory agencies play an im- afraid people would rather ignore viewed this job to insure no further risk of portant role, but they threaten lib- them. Since 1992, ergonomic injuries injury before she was assigned to it. She is erties when they run amok, when they have dropped from 3 million a year to not allowed to carry a load over 5 pounds become a rogue rulemaking agency. 2 million a year, and those are OSHA’s based on her physician’s advice and she does There is more at stake than simply a follow that advice at work. About a week rule in the vote that we have on CRA. own numbers. ago, she reported that her elbows were very Lost workdays have also decreased. painful due to her work situation. While she It is, at least in my mind, the issue of This chart shows they have decreased: was discussing this with our worker’s comp the separation of powers, the right of 750,000 missed in 1992; about 500,000 will HR person, one of her co-workers came by. the elected representatives of the peo- be lost this year. That is progress. It is He said he had seen her on the weekend ple to make the laws for the land and progress without a burdensome, expen- working at her mother’s vegetable stand un- when necessary to step in and say sive rule from OSHA. loading large boxes of produce and com- enough is enough to a regulatory agen- Business has done a lot on their own. plimented her on how hard she was working. cy that has gone too far. It is in the interest of the employer to We have since determined that she works at OSHA, in this 600-plus-page rule, has deal with ergonomics problems in the least 8 hours a weekend, most weekends, gone too far. We must say enough is workplace. Even OSHA has figures that doing the hard labor at the stand. When asked about this, she said it was none of our enough. Here we draw the line. We stop 95 percent of employers are doing the business what she did on the weekend and this rule. Start over. I hope that is right thing. The bad actors constitute that it had nothing to do with her elbows what my colleagues will do as we vote only about 5 percent of the employers. hurting. We are still trying to get this one on this resolution of disapproval. Would it not be far better to focus our off our worker’s comp side and over to the Mr. President, I thank the Chair and attention upon the 5 percent of the bad medical plan where it belongs. reserve the remainder of my time. actors as opposed to an across-the- Whether that happens frequently or Mr. KENNEDY. Will the Senator board rule that would penalize all em- is a very rare occurrence, be assured it yield for a question? As I understand ployers and our economy as a whole? will happen more frequently under a it, is Senator BOND asking to speak There was an article in the Detroit national workers compensation plan after the Senator from California? News about a cashier whose hands operated under the Department of Mr. BOND. Mr. President, I have been rhythmically shuffle back and forth Labor. waiting for about an hour, about 45 scans about 22 items per minute at the Finally, I want to discuss the vote we minutes, and I would like to speak supermarket where she has worked for will take in a few hours and what it ac- after the Senator from California. 15 years. Many businesses—I will not tually means. It would vitiate the ef- Mr. KENNEDY. What I would like to mention this particular supermarket fective rule, the underlying premise of ask is if the Senator from Illinois could chain—many businesses recognized the CRA; it would prohibit OSHA from speak after Senator BOND. We are just years ago that workers such as she promulgating another rule substan- trying to give some notice to our Mem- were at risk for repetitive stress inju- tially similar to the effective rule so bers. We are alternating back and ries, such as carpal tunnel syndrome, they could not turn around and put us forth. and began reconfiguring healthy work through this process again. It is what The PRESIDING OFFICER. Without environments. should occur under the aforementioned objection, it is so ordered. Across America, stores added better scan- flaws of the effective rule. Mr. KENNEDY. I thank the Chair. ners to prevent the need to twist and double OSHA has admitted that 95 percent The PRESIDING OFFICER. The Sen- scan items. In offices, businesses added wrist of American employers are acting in ator from California. pads at computer keyboards and glare screens on monitors. In warehouses, compa- good faith. Why have an ergonomics Mrs. FEINSTEIN. Mr. President, I nies moved from hauling equipment that rule that has but one purpose, and that have a very different view of this mat- needed to be pulled, and resulted in back is to place an unsustainable burden ter than that of the distinguished Sen- sprains, to automatic devices to push around upon American employers? Why not ator from Arkansas. This is the first heavy skids of cargo. have a program that works coopera- time the Congress of the United States I have many examples to give about tively with 95 percent and uses the gen- will have removed a worker protection major companies and what they have eral duty clause to enforce the remain- in the history of the United States. So

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1851 it is really a precedent-setting debate. by addressing the potentially harmful work-related stress injuries by 41 per- It is also a debate, I think, about which situation immediately. An example cent from 1994 to 1995 and by 50 percent there is a great deal of misunder- would be an owner of a furniture com- from 1995 to 1996. The program works. standing. pany providing his employee who Blue Cross: In 1990, 26 employees of In this new workforce of higher moves furniture with a back brace, or a Blue Cross of California were unable to skills, of greater technology, this issue, wrist pad for a data entry operator, or do their jobs because of debilitating ergonomics, encompasses the No. 1 an adjustable chair for an employee pain. As a result, they filed workers workplace injury. Of course, many of who must sit at a computer for 8 hours compensation claims that cost the the victims of repetitive stress disorder a day. company $1.6 million. To combat the are women. As a matter of fact, about If a quick fix isn’t possible, the em- problem, the company purchased ad- 70 percent of the victims are women. ployer must develop and implement an justable chairs and work stations. Blue As has been mentioned many times, ergonomic program for that job and Cross also launched a training program the effort to do something about it others like it. For example, an em- to teach employees how to use the new began in a Republican administration ployer could hire someone to come in equipment and how to identify work- with Secretary Elizabeth Dole, a very and offer a training course to teach related stress injuries early. Guess fine woman. I have watched her. I have employees how to sit properly, how to what. The investment paid off. The great respect for her. She began the use their arms and legs, how to lift number of these injuries dropped dra- promulgation of these rules which have from the legs, how to use a stepladder matically. Blue Cross of California re- just gone into place. when lifting objects off a tall shelf, and ceived a $1 million insurance dividend What I have heard is why we should so on. in both 1992 and 1993. not proceed with this. I am of another The point I want to make is many Let me give you a city in my State— opinion. I believe we should proceed businesses have already instituted San Jose, a large, growing city. San with it. If there are changes that need ergonomics programs. I respectfully Jose experienced a large number of to be made, we should make those submit to the speaker who preceded ergonomic-related back and neck inju- changes, but essentially this whole me, that may well be one of the rea- ries during the early 1990s. To address area is a pretty simple one. sons why some of these injury statis- the problem, the city analyzed each of Data entry employees use computer tics are, in fact, declining. Let me try its jobs over a number of days to iden- keyboards every day. Providing these to make that case. tify high-risk activity. A training ses- employees with a wrist pad at the base As a result of labor negotiations with sion was created to show workers how of the keyboard to reduce strain on the the United Auto Workers, Ford, Gen- to work differently and reduce the risk wrist is what we are talking about. eral Motors, and DaimlerChrysler, an of injury. That is ergonomics. Once That is ergonomics. Furniture movers ergonomic program was put in place in again, the efforts paid off. Back inju- lift heavy objects and boxes on a daily 1994. The programs have been highly ries fell by 57 percent and wrist injuries basis. Providing them with training on successful. The Bureau of Labor esti- fell by 26 percent. Ergonomics works. how to lift with the legs and providing mates that in just 1 year, 69,000 work- Pacific Bell was spending approxi- them with back braces—that is related injuries were prevented in these mately $53 million annually for work- ergonomics. companies. Of these, 41,000, or over ers compensation benefits paid to 53,000 Today, I watched a young man push two-thirds, were repetitive stress inju- employees, 30,000 of whom operated water jugs on a dolly, the water jugs ries. video display terminals. The company for our offices in the Senate. I watched The number of these injuries re- developed an $18 million ergonomics him take out two very large bottles of ported to the big three automobile program providing education, training, water. I thought of him lifting these 8 manufacturers dropped 12 percent over brochures, and interfocal eyeglasses for hours a day, 5 days a week, 52 weeks a 1 year, and 33 percent over 5 years. video terminal operators. The results year, without a brace, without know- That shows the statistics go down, the were impressive. Workers compensa- ing how to lift correctly. You can see claims go down as these programs are tion claims dropped 33 percent. the impact this repetitive motion in place. Ergonomics works. would have on the muscles and skel- Let me read from a letter from Xerox The benefits of the standard: The De- eton of an individual. Corporation: partment of Labor estimates these Each year, 600,000 Americans suffer Our workers’ compensation claims attrib- work rules will prevent 4.6 million re- work-related repetitive stress injuries. utable to ergonomic issues peaked in 1992. petitive stress injuries in the first 10 Businesses spend $15 billion to $20 bil- Since then, we have experienced a steady de- years of its implementation, and 102 lion in workers compensation costs cline in the number of cases, as well as the million workers will be protected at 6.1 alone. It is estimated that $1 out of costs associated with those cases. 1998 data million worksites across the country. every $3 spent on workers compensa- indicates a 24 percent reduction in the num- They estimate companies will save $9.2 tion is related to these injuries. In my ber of cases and a 56 percent reduction in as- sociated direct costs from the 1992 baseline. billion a year in workers compensation State, California, in 1998 more than We attribute this improvement to the reduc- claims similar to what has happened in 80,500 private sector workers suffered tion of ergonomic hazards in our jobs and Blue Cross, in Xerox, in Chrysler, in from repetitive stress injuries that improved case management of injured work- Ford, in the city of San Jose, and in were serious enough to cause them to ers. Our ergonomic injury-illness rate in Pacific Bell. For each repetitive stress lose time from work, and another 20,000 manufacturing is currently 52 percent lower injury prevented, the Department esti- public sector workers struggled also than OSHA’s estimated annual incidence. mates a direct savings of $27,700. with these injuries. This is a big company. The rate is 52 If what I think will happen happens The program standard states that percent lower. That should show that when this vote is taken, and the employers must provide employees these programs are working. ergonomics standard is overturned, basic information about these injuries, Levi Straus, Coca-Cola, and Business OSHA is barred from introducing any common signs and symptoms of these Week are just a few of the companies standard that is substantially similar injuries, and how to report them in the that have cited cost savings and in- to the rule unless specifically author- workplace. I don’t think anything is creased productivity as a direct result ized by a subsequent act of Congress. wrong with that. of ergonomics. This effectively kills a 10-year effort. The standard requires employers to Silicon Graphics, a computer com- Ironically, under the Congressional review jobs to determine whether they pany in Mountain View, CA, hired an Review Act, no one is allowed to fili- routinely involve exposure to one or ergonomics consultant in 1994 after the buster this joint resolution of dis- more of the five ergonomic risk fac- company had 70 work-related repetitive approval, but any future efforts to im- tors: repetition, force, awkward pos- stress injury cases in 1 year. The com- plement a new program would be open ture, contact stress, and vibration. If a pany redesigned work stations to in- to filibuster. job meets one of these five so-called ac- clude adjustable tables, chairs, key- If the standard is overturned, we are tion triggers, the employer has two op- boards, and mouses. The changes going to have to rely on individual tions. He or she can provide a quick fix worked. Silicon Graphics reduced its companies to implement their own

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1852 CONGRESSIONAL RECORD — SENATE March 6, 2001 ergonomics standards. Though some ers and employees working together— approving this version of an companies have done this, 600,000 peo- to lessen the impact because everybody ergonomics regulation, under the CRA ple still suffer work-related repetitive knows they are bad. Everybody knows we will merely be saying that OSHA stress injuries a year. these injuries are harmful to the em- cannot rely on that same type of regu- The rate of these injuries is falling, ployee. But they also are harmful to lation again. Indeed, when we strike but they are still the Nation’s biggest the employer. down the regulation, it will help OSHA and most costly job safety problem. The Senator from California men- by expediting the regulatory process. These injuries still make up one-third tioned a couple things that can be Instead of the agency having to go of all lost work-time injuries suffered done. She talked about a keypad for through a separate rulemaking to de- by American workers and cost our somebody who sits at a keyboard all termine whether to make changes to economy close to $50 billion a year. day long. If that works, that is great. the current regulation, they will be In conclusion, Mr. President, I have This is the kind of information we need free to begin to develop an approach tried to outline where large companies to share with businesses, and particu- that will be reasonable for employers, have implemented ergonomics stand- larly small businesses all across the responsive to employees’ needs, and ards, and all of the statistics coming country. They want to lessen the im- based on sound science and the best in- from those standards have run in the pact of ergonomic injuries. formation available, as soon as Con- right direction—reduced claims, lower She mentioned back belts. To say gress completes action on the joint res- worker compensation payments, insur- back belts are the answer, I am not olution of disapproval in S.J. Res. 6. ance dividends, and so on and so forth. sure that science is there because one The Clinton OSHA ergonomics regu- I must say that I am profoundly dis- of the women we contacted, who ad- lation is truly egregious in both sub- appointed by the fact that there are vises small business, was concerned. stance and procedure. It will be dev- those in this body who would like to do She had heard that maybe back belts astating both to small businesses and away with worker protection for the are more harmful than helpful in less- their employers because it is incompre- No. 1 workplace injury—repetitive ening injuries for people who have to hensible and outrageously burdensome. stress motions. bend over and pick up things. She Too many of the requirements are sub- I hope very much that this resolution spent 5 hours on the phone with dif- jective and open-ended. For instance, will be disapproved. ferent people in OSHA who came up an employer must implement ‘‘appro- Thank you, Mr. President. I yield the with different answers to her question: priate’’ control measures, use ‘‘fea- floor. Can I tell my small businesses they sible’’ engineering controls, or reduce The PRESIDING OFFICER. The Sen- must require a back belt? They could hazards to the ‘‘extent feasible.’’ These ator from Missouri. not give her an answer. They referred requirements are like posting a speed Mr. BOND. Mr. President, I rise her to the general counsel. Unfortu- limit on the highway that says, ‘‘Do today to explain why the Clinton ad- nately, under this regulation, if one of not drive too fast,’’ but you never know ministration’s OSHA ergonomics regu- her business clients happens to guess what ‘‘too fast’’ is until a State trooper lation is the absolute perfect regula- wrong, that employer gets hit with the pulls you over and tells you that you tion for the first use of the congres- full sanctions of the law. were driving too fast. sional disapproval mechanism under No, these 608 pages in the Federal Employers and small businesses sim- ply will not know when they have met the Congressional Review Act. This Register are not helpful in telling the burden of this regulation until they regulation is the poster child of bad small businesses how they can take are told by OSHA or sued by OSHA or regulation. It represents everything meaningful steps to lessen the possi- have to settle a lawsuit brought by a that can go wrong in regulatory rule- bility that one of their workers or sev- trial lawyer who has seized on this new making, and it gives us, under the eral of their workers will have ergo- regulation as a source of specialization. CRA, an opportunity to exercise our re- nomic injuries. What they outline is a It is not surprising to me that imme- sponsibility as Congress to strike it series of penalties if the workers have diately after this regulation was pub- down and tell the new administration an injury on the job, or if the workers lished, billboards began springing up. I to do a better job in this area. have an injury that is aggravated on show you one in the St. Louis area, ad- Contrary to what has been said by the job, or even if the worker has an in- vertising for attorneys who would be opponents of this resolution of dis- jury off the job and comes to work and willing to bring actions on behalf of approval, this does not prevent the ad- it gets a little worse. employees who think they have carpal ministration from going back and Five years ago, I introduced the Red- tunnel syndrome: ‘‘Such-and-such law doing the job right. In fact, we expect tape Reduction Act—others remember center, representing workers with car- that they will go back and do the job it as the Small Business Regulatory pal tunnel syndrome. Toll free from St. right. Enforcement Fairness Act—to protect Louis. Call for help.’’ Repetitive motion injuries are pain- small businesses from overreaching Guess who is behind this regulation. ful. They are debilitating. They are un- regulations. I am proud to say it was Guess who wants to see it go into force. desirable. They cost employees pain, unanimously supported in the Small Never mind the States have set up suffering, lost sleep, and lost wages. Business Committee. It came to the workers compensation laws that are They cost employers lost time, lost ef- floor, and it was overwhelmingly sup- designed to compensate people without fort, and lost revenue. ported. Senator NICKLES added the going through lawsuits, to compensate I understand how serious they can be. Congressional Review Act as an amend- them immediately for workers comp or I have a lot of friends who have suf- ment for just this type of moment, this workplace-related injuries. This is a fered these injuries. I know they are a type of activity—when an agency has brand new industry. Carpal tunnel syn- serious problem. gone so far off course, there is no other drome is the next tobacco industry I have talked to employers with remedy left but to force it to abandon lawsuit. Never mind that these employ- small businesses who have lost work its original approach and start over. ees would be eligible for benefits under from employees. They regard them as This is precisely the kind of regula- workers compensation. members of their family. They have tion for which we overwhelmingly, in This regulation is like setting up a had these repetitive motion injuries this body, adopted the Congressional new lottery; somebody is going to and are hurt personally by it, but they Review Act because this measure, strike it rich. Now everybody wants a are hurt in their business. under review today, is a draconian, pu- shot at the pot of gold otherwise The Senator from California de- nitive measure that is incomprehen- known as the employer’s liability in- scribed what I think are some very sible, unfathomable, and ineffective. surance policy. promising actions that have been Action under the CRA, as I said ear- What do you think will happen to in- taken. lier, as some have tried to suggest, surance premiums and workers com- I am delighted we are beginning to does not try to prevent any other ac- pensation premiums for small employ- find ways to lessen the incidence of tion by an agency in the same area; it ers? They are going to go up. They are ergonomic injuries. Businesses have merely means the agency cannot make going to go up substantially because been working with employees—employ- the same mistake twice. By dis- they are going to have

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1853 to pay all these claims. OSHA never with tax dollars, tax dollars designed None of the common MSDs is uniquely took these consequences into account to get the contractors to trash the op- caused by work exposures. when it was estimating the cost of the posing comments and to support what Instead, the study discussed whether regulation. OSHA was trying to do. They added someone will develop an MSD based on It is bad enough that this regulation materials to the dockets that were not the totality of factors that person may is incomprehensible and vague, but it available for review before the com- face, which is how the scientific lit- also requires an employer to go beyond ment period closed. They didn’t provide erature handled the issue. The panel the text of the regulation to under- adequate time for commenters to de- concluded that a wide range of personal stand fully and comply with the regu- velop their responses. They ignored a factors played significant roles in de- lation. wide variety of constructive comments termining whether someone was likely I held up this Federal Register Code. and suggestions they received. The to develop an MSD. Included in these If you really are interested in it, you Clinton OSHA even published the final were factors such as age, gender, body can find it, going from page 68262 to rule with significant provisions that mass index, personal habits such as page 68870. That is 608 pages of very have never been put out for public com- smoking, possible genetically deter- fine print in the Federal Register. But ment, violating what I have always un- mined predispositions, as well as ac- the fascinating part about it is, there derstood is a fundamental, cardinal tivities outside the workplace such as is appendix D. Appendix D says where principle of the regulatory process. sports, household work, or exercise you go to get the information. You can OSHA went into this rulemaking programs. These are factors over which go to the ‘‘Job Strain Index: A Pro- knowing exactly what it wanted to an employer exercises no control and posed Method to Analyze Jobs For Risk have and, in the end, didn’t let logic, we certainly would not want them to of Distal Upper Extremity Disorders.’’ facts, fairness, congressional objec- exercise control. You can go to the ‘‘American Indus- tions, legitimate concerns from small The NAS study also concluded that trial Hygienists Association.’’ You can business, or plain common sense get in psychosocial factors have a strong as- get another copy of the ‘‘Applications the way. sociation with MSDs. Psychosocial fac- The true disappointment about the Manual for the Revised NIOSH Lifting tors include such conditions as depres- ergonomics regulation and all of its Equations’’ from the U.S. Department sion, anxiety, psychological distress, surrounding problems is that it could of Commerce Technology Administra- personality factors, fear avoidance cop- have been avoided. Congress told the tion. You can get a copy of ‘‘The De- ing, high job demands, low decision Clinton administration in a bipartisan sign of Manual Handling Tasks: Re- latitude, low control over work, low voice the last several years not to pro- vised Tables of Maximum Acceptable work stimulus, low social support, low ceed with the regulation. Instead, the Weights and Forces’’ from Taylor & job satisfaction, high perceived stress, Clinton administration refused to ac- Francis Inc. in Philadelphia. You can and nonwork-related worry, tension, cept the guidance of this legislative and psychological distress. These psy- get a copy of the ‘‘Rapid Entire Body body and extended the negotiations chosocial factors, even if work related, Assessment’’ from the Elsevier Science over the final appropriations bills until Regional Sales Office. You can get a they could get the final rule out the are beyond the reach of an OSHA regu- copy of the ‘‘RULA: A Survey Method door on November 14. Not only did they lation, meaning that OSHA’s regula- for the Investigation of Work-Related trample on the separation of powers tion will do little, if anything, to pro- Upper Limb Disorders.’’ doctrine in so doing, but there were tect these employees from developing The mom or pop operating a small programs waiting for annual funding MSDs. Furthermore, the NAS study was un- business is going to have enough trou- which did not receive their money— equivocal in calling for more research ble trying to get through 608 pages of which in many cases were increases— into the issues surrounding the assess- the Federal Register. I doubt if any of because the administration wanted to us recently have sat down to read 608 be able to push through this flawed ment, measurement, and under- pages in the Federal register. I used to process and flawed approach to standing of ergonomics and workplace have to do that for a living. That is ergonomics. exposures. Among the specific areas in why I changed my line of work. I got In May 1999, I introduced a bill that which the NAS recommends more re- out of the practice of law because that would have avoided this mess. It was search is the quantification of risk fac- did not seem to be a useful idea. called the Sensible Ergonomics Needs tors. There are an awful lot of people in Scientific Evidence Act, or SENSE The Clinton OSHA did have a simple small business who provide a product, Act. The bill would have forced OSHA solution for the perplexing problem of who deliver a service, who probably do to do something not too unreasonable, how to determine whether a musculo- not care about reading 608 pages of the not too strange: Simply to wait for the skeletal disorder was caused by work- Federal Register or applying to all results of a study then under way by place exposures. They defined all MSDs those different people to get all the dif- the National Academy of Sciences on as work related. Under this regulation, ferent manuals they have. That is what this subject of ergonomics before pro- any MSD in the workplace contributed they would have to do under this regu- ceeding with the regulation. to by workplace exposures or even a lation. They are highly technical The study, requested by Congress and preexisting injury aggravated in the pieces written by ergonomists for tech- agreed to by President Clinton in the workplace is to be considered work re- nical and academic journals. They are appropriations bill of the previous lated. That is outrageously unfair. It not the stuff that helps a small busi- year, reviewed the available scientific goes beyond OSHA’s mandate to pro- ness to provide jobs, to provide serv- literature to determine if sufficient tect workers from workplace hazards. ices, and to provide a contribution to evidence and data existed to support It means that if an employee injures the economy and to the family of the OSHA’s promulgating of a regulation him or herself through recreational ac- owner. on this issue. The report was delivered tivities such as bowling, exercising, The final regulation is also a trav- to Congress on January 16 of this year, using the Internet at home, planting esty to the rulemaking process. The the same day the Clinton ergonomics trees, or any other workplace activi- other side will say it has been in the regulation took effect. ties, and any workplace activities ag- works for over 10 years. That is true. Had OSHA waited for the NAS study, gravate these injuries and they meet But the truth is, it was not until OSHA they would have had the benefit of OSHA’s definition of frequency or dura- saw the clock running out that it got some valuable analysis of the data on tion, the employer will be required to down to business and cranked out pro- this most complex subject. The NAS implement the Clinton OSHA posals in November of 1999 and moved panel concluded that there are a wide ergonomics program. heaven and earth to get it done 1 year array of factors which play significant Small businesses that I talk to and later. roles in whether an individual develops listen to as chairman of the Committee To get it out in such a short time, an MSD and that workplace issues are on Small Business are absolutely OSHA cut corners at every oppor- only one of these factors and quite pos- stunned and shocked by this require- tunity. They padded the dockets with sibly not even the most significant one ment. They are stunned that an agency expert opinions bought and paid for at that. As the panel stated: of the Federal Government could issue

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1854 CONGRESSIONAL RECORD — SENATE March 6, 2001 such a sweeping and poorly designed month for a consultant can make a sig- help their employees with ergonomic rule. They are incredulous and ask nificant difference. injuries, there is the OSHA general questions such as why didn’t someone Then there is the question of time. duty clause to protect employees from say or do something. The truth is, Time is money. Do they have time to employers who abuse them. many people have said the right things. read these regulations? Do they have The bottom line is that small busi- They outlined the difficulties employ- time to go out and get the other books, nesses are in business to stay in busi- ers would have with the rule, the comply with all the requirements? ness. That means keeping their em- faulty assumptions, but OSHA was not Adding this regulation and its com- ployees healthy. Employees often are listening. plexities on top of other duties means more than mere workers—friends, The preamble to the final rule cites less time doing what will make their neighbors, or even relatives. Any regu- comment after comment that tried to business grow, expand, and thrive. lation from OSHA should first do no explain to OSHA why the regulation Furthermore, many small businesses harm to both the employers and their was a mistake. OSHA seemed to regard have never encountered an OSHA regu- employees. The Clinton OSHA these as mere speed bumps on the way lation like this before, which means it ergonomics regulation fails this to the finish line. This regulation may is not just another layer on their safe- threshold test. It is regulations such as become the best example yet of the law ty programs, it is a whole world of these that create waves of cynicism of unintended consequences. If allowed OSHA regulations, like starting off to and doubt about the Federal Govern- to stand, OSHA will end up under- climb Mount Everest on your first ment and that cause them to wonder mining many of the best intentions of climbing experience. Small businesses whether those of us who have been thousands of employers, causing their we hear from simply don’t have the re- elected to safeguard and to speak up employees to suffer in the process and sources to expend on this complicated for their interests are asleep at the wind up costing them jobs. a regulation with as little payoff as wheel. Small businesses can be shut down this will provide. For the first time in this CRA, we because of the cost of these regula- The cost estimates of this regulation can say ‘‘enough’’—that OSHA has tions. Yes, this regulation may lower reveal the utter cluelessness of the pro- gone too far and has crossed the line of the incidence of workplace MSDs, but mulgators of the regulation. OSHA reasonableness. The Clinton at least some of that lessening of MSD says it would cost $4.5 billion per year ergonomics regulation doesn’t protect injuries will be because people will lose over 10 years. But everybody else who employees; it punishes employers. The has looked at it says they are off by or- their jobs. Then they clearly won’t regulation is not responsive; it is irre- ders of magnitude. The Small Business have a workplace musculoskeletal dis- sponsible; and it must be struck down. Administration Advocacy Council of order. That is one very effective way to I urge my colleagues to support the the Clinton administration found the eliminate workplace ergonomic inju- resolution of disapproval and send earliest draft was underestimated by a ries, but it is not what we ought to be OSHA a message that we will not tol- factor of up to 15 times, even before seeking. erate this joyride of regulatory over- OSHA added more requirements. A woman who runs a small business We are possibly talking about regula- reach. in Kansas City told me she won’t be The PRESIDING OFFICER. The Sen- tions costing $60 billion to $100 billion able to continue to pay 85 percent of a year. To inflate the benefits and thus ator from New York is recognized. Mrs. CLINTON. Mr. President, I rise her employees’ health insurance pre- make this regulation look less burden- to add my voice to those of my col- miums that she currently pays. She some, the Clinton OSHA assumed, with leagues who are concerned about ef- has a Web site and graphics design stu- no supporting evidence, that imposing forts to demolish this important work- dio with 30 employees. She has already this standard on businesses would cure er health and safety standard. been buying new ergonomically de- an additional 50 percent more MSDs I listened carefully to the remarks of signed chairs at $800 apiece, along with over the next 10 years. As I pointed out my distinguished colleague from Mis- new furniture to make it more com- earlier, they may cure some of the souri, and I understand there are many fortable for her employees. She pro- MSDs by costing people their jobs. No serious concerns being discussed about vides a range of employee benefits, a job, no job-related MSDs. 401(k), dental benefits, but she told me: Let me be clear, I raise this discus- this regulation and its impact both on The bureaucrats in Washington think sion about the cost of this regulation our workforce and our employers. But I we have all this money just lying not because small businesses are un- ask that we remember where this around to spend for this type of thing. willing to spend money on the safety of started 10 years ago—in the previous That’s is not true. The only place I can their employees—every small business Bush administration, under the leader- get the kind of money to comply with my office has talked to, and committee ship of Secretary of Labor Elizabeth this regulation is taking it out of the reached out to, already has a safety Dole. We have held numerous hearings benefits I give to my employees. plan and some level of an ergonomics and studies to determine the impact of She said: I asked my friends on the program in place. They want to do our 21st-century worksites on people’s other side, how has the Clinton what they can do to stop the injuries of physical well-being. ergonomics regulation improved these employees, which are costing them OSHA is charged with the responsi- employees’ lives? money. I raise the issue to make the bility of setting standards for the It isn’t going to. point that OSHA went forward with workplace to help protect citizens from A man who runs a small business this regulation without any reliable harm. In its 30 years of existence, metal fabricating shop said this rule idea about what this will cost or what OSHA has helped to save many lives will cause him possibly to drop his benefits it will generate. and prevent countless injuries. Despite company’s work with the local shel- Not only was OSHA unable to say such a track record, we know that tered workshop, providing jobs for with any credibility what the costs and OSHA faces almost continual opposi- those with mental and physical disabil- benefits of this regulation would be, tion from those who do not agree with ities, because of the burdens of this but as has already been pointed out, its mission and who seek to undermine OSHA regulation. Is that the result this gargantuan regulation was also its work. This year, the opposition OSHA wants? Certainly not. This is an unnecessary: MSD rates have dropped feels emboldened to strike at the heart unintended consequence. by 22 percent over the last 5 years, ac- of OSHA’s latest efforts to protect Many people may not realize, if they cording the Department of Labor Sta- American workers. are not involved in small business, tistics. As the Senator from California We are, of course, talking about the small businesses get by with very tight pointed out, many leading businesses ergonomics standard, which is designed cashflow. Large businesses can cap- are making great strides in limiting to help more than 600,000 workers who italize expenses for compliance. They ergonomic injuries because they realize experience serious workplace injuries can have squads of people who are it is good employer-employee relations every year from repetitive motion and trained to help overcome these, but a to do so. exertion. In enacting this standard, small business does not have that lux- For that small percentage of busi- OSHA heard from thousands of wit- ury. Even a few hundred dollars a nesses that may not be motivated to nesses and received the backing of the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1855 National Academy of Sciences and the that line to be able to get those cuts Department can never again put forth Institute of Medicine. in, and how her wrists had to be con- an ergonomic standard. It is, in effect, The report to which my distinguished stantly moving. a gag rule on worker safety. By drop- colleague from Missouri referred is this She, too, has suffered serious health ping this Congressional Review Act rather large report that was issued on effects from that kind of repetitive mo- atom bomb, opponents will completely January 18. I draw our attention to tion. As she told us today, we really eliminate 10 years of bipartisan effort some of the conclusions and rec- need this standard so that workers are in two administrations, many hours of ommendations that were arrived at. protected. public review and witness testimony, Let me just quote from it: Heidi Eberhardt of Massachusetts and extensive research in less than 10 The weight of the evidence justifies the worked at an Internet publishing com- hours of debate—10 years versus 10 identification of certain work-related risk pany, writing, editing, and researching. hours. factors for the occurrence of musculo- She is only 32 years old. This was her I can appreciate the desire by some skeletal disorders in the lower back and ex- dream job. She was able to put her col- to make changes to the standard. But I tremities. The panel concludes that there is lege education to work. But because of a clear relationship— hope we can talk about ways that such the repetitive motion that was re- changes would be considered, give the I stress that— quired over long hours sitting at her public a chance to be heard, and any between back disorders and physical load. computer, she finds it impossible to changes would be based not upon anec- That is, manual material handling, load mo- mentum, frequent bending and twisting, perform some of the daily functions we dote, not upon story after story but on heavy physical work, and whole body vibra- all take for granted. She can’t turn on science and on the legitimate concerns tion. For disorders of the upper extremities, a faucet; she can’t squeeze a toothpaste of both workers and businesses. repetition, force and vibration are particu- tube; she can’t twist an ice cube tray We should simply not bow to pressure larly important work-related factors. or even open mail without severe limi- groups and wipe this worker safety Mr. President, destroying this stand- tations and pain. As Heidi said, this is standard off the face of our regulatory ard would put many workers at risk, not just about the people who are al- planet. We are here today to send a but today I want to focus on women ready injured; this is about hundreds of clear message that this is not the way workers in particular because, as my thousands of workers who will become to go about creating a safe workplace friend and colleague Senator FEINSTEIN injured if there is no ergonomic stand- or working with businesses to make it said, women account for 64 percent of ard for the workplace. safer for them to employ people across repetitive motion injuries, even though One of the reasons women are ad- the vast sectors of the economy that we make up only 46 percent of the versely affected by this workplace haz- use repetitive motion. We particularly workforce. ard is because women hold more than are concerned about the impact this Earlier today, I was joined by a num- 80 percent of the jobs that involve re- will have on women in the workplace. ber of women who have suffered from petitive motion injuries, jobs such as We are also concerned this could these disorders. One was Kathy hotel cleaning, data entry, secretarial mark the beginning of an erosion of Saumier, who was a worker at a plas- positions, sewing. protection for workers in America; if tics plant in Syracuse, NY. Kathy Those who are here today working to you will, a legislative repetitive mo- worked on a production line where she save this worker safety standard un- tion that will undo safeguards that had to lift 40-pound boxes every 1 to 2 derstand that our opponents believe it save lives. minutes while twisting and holding the will impose a costly burden on busi- In the 20th century, we made great boxes at an awkward angle in order to ness. But as our distinguished col- advances in protecting workers. Often put the boxes on the conveyor belt. league, Senator FEINSTEIN from Cali- those advances came because of a trag- With relatively small changes to the fornia, pointed out, those businesses edy, a terrible fire, a mine collapse, a design of her work station, or with that have already implemented stand- factory assembly line run amok, when automated assistance in lifting the ards have found they save money. They all of a sudden it became clear that we boxes, she and many of her coworkers save money by keeping their workers were putting people’s lives and well- could have been saved from such pain- on the job, in good health, and more being at risk. This is a silent epidemic. ful and time-consuming injuries. productive. There will not be a big newspaper head- Kathy joined me and my colleagues Certainly in New York we have found line about a crash of ergonomics. We from Maryland and California, Senator that businesses which have imple- will see just the slow but steady ero- MIKULSKI and Senator BOXER, at a news mented the standards have reaped re- sion of people’s health and their pro- conference to highlight our concerns wards: businesses such as garment ductivity and their capacity to get up about these issues as they particularly manufacturers, Sequins International and go to work and to go home and do affect women. Also speaking was in Queens, or Xerox in Rochester, a what they need to do for themselves Dianne Moriarity, who, for 18 years, company that has had ergonomic and their families. worked as a school secretary in New standards in place since 1988. We have This is an issue that goes to the York. Because of her years of work in found that these standards and the heart of the new economy. How do we a badly designed work station, both of businesses that implement them are provide for 21st century workers the her wrists and hands are damaged. She taking not only better care of their protections we did finally work out showed me the picture of her work sta- workers but better care of their bottom after lots of effort? We should not go tion. The computer was bolted in a cer- line. back. We should not turn our backs on tain way so it could not be moved. The In addition to our concerns about the America’s working families. We should, space for the chair was such that it substance of the standard, we are also instead, defeat this effort to kill this could not be angled, and there was no deeply concerned about the manner in vitally important standard and then place for her to be able to move com- which the opponents seek to destroy utilize the procedures available to us fortably to fulfill her obligations at this important worker safety provi- to go ahead and consider whatever the that worksite. She is in virtually con- sion. Everyone is willing to work to- concerns on the other side might be. stant discomfort and needs regular gether to change or improve the stand- I ask our distinguished opponents to therapy. ard. If there are legitimate concerns think hard about using this legislative We also heard from Jennifer Hunter that have been raised, there are cer- atom bomb and, instead, consider how from Virginia, who worked for 20 years tainly ways we can go about working we can, through existing procedures, in a chicken processing plant. She was to ameliorate those concerns. petition the administration to stay the required, as the chickens went down As my colleague, the senior Senator regulation while further work is done. the line, to make 1,400 cuts each hour. from Massachusetts, put it so well, this We can also petition the agency to She spoke specifically about what it is an effort that is truly a legislative modify or repeal the standards, and we took to prepare the filet of chicken atom bomb. The Congressional Review can have OSHA initiate rulemaking breast, which so many of us enjoy and Act has never been used before. It does procedures to modify the rule in ac- eat at home or order in a restaurant, more than rescind the worker safety cordance with the Administrative Pro- and how difficult it was at the speed of standard. It does ensure that the Labor cedures Act. If the real point here is to

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1856 CONGRESSIONAL RECORD — SENATE March 6, 2001 protect small business and protect way to write regulations, and Congress Employment Policy Foundation, busi- workers, there are ways of going about has the oversight responsibility to do nesses in Kentucky could expect to pay that which are already provided for. It the right thing and take a hard, cold $1.3 billion annually. In my part of is hard to understand why we would look at what he did. Kentucky, that is serious money. For a need to blow away 10 years of work, the What the President did just does not business that operates on the margin, findings of nonpartisan, objective sci- make sense. After years of discussing where the owners and workers struggle entists, and the stories that flood and debating, the worst thing he could every day to keep the doors open and many of our offices from workers who have done was to finally pass a new the lights on, this sweeping new regu- are endangered, in order to deal with rule just for the sake of doing it. The lation could be the difference between what could be legitimate questions. Small Business Administration esti- life and death—staying open or closing. I certainly hope we are able to dis- mates that the ergonomics rule is Over the years, I have heard many of approve this resolution so we can, to- going to cost American businesses $60 my constituents speak about this gether, work on behalf of the American billion to $100 billion a year. That is issue, and many are afraid these new worker. too much money not to make sure that regulations could lead to layoffs or in- Mr. ENZI. I yield such time as he de- every ‘‘i’’ is dotted and every ‘‘t’’ is creased prices for products or to jobs sires to the Senator from Kentucky. crossed. moving overseas. That is simply not The PRESIDING OFFICER. The Sen- It is hard to pass a law and it is hard acceptable. ator from Kentucky. to pass a rule. Congress has set up that Mr. BUNNING. I thank the Senator procedure on purpose to make sure I recently received a letter from Joe from Wyoming. things are done thoroughly and Natcher, who is President and CEO of Mr. President, I rise today in support thoughtfully and sensibly, and new reg- Southern Foods in Bowling Green, KY. of S.J. Res. 6, the resolution to dis- ulations that could have a tremendous Southern Foods is a small business approve the Department of Labor’s reg- impact on employers and employees that sells food, cleaning supplies, and ulations on ergonomics standards. This are not slapped together at the last other products to area businesses. He isn’t a new issue. Congress wrestled minute. But that is exactly what hap- told me about these regulations and with ergonomics regulations for a dec- pened with the ergonomics rule, and how they could affect his company. Mr. ade. This isn’t the solution we need. We the results could be disastrous for our Natcher wrote: can and must do better. economy. Besides the sloppy process, As we begin our compliance efforts, it is Right off the bat, let’s remember we one of the biggest problems with this clear that the rule will severely impact pro- all want a safe workplace for the Amer- mad rush to pass a rule was that it ig- ductivity and profitability, putting jobs at ican workers. That is just common nored sound science. OSHA and Con- risk and increasing prices to our consumers sense. without providing any additional health and gress have been working on an ergo- safety benefits. The debate today isn’t about who is nomic standard for the better part of a for or against workers or who is for or Southern Foods does not just talk about decade, and in 1998 we asked the ex- safety and health habits. We practice it against a safe place to work. It is, in- perts at the nonpartisan National every day. Additionally, we provide training stead, about the most effective way to Academy of Sciences to study the med- to all co-workers and have an active safety achieve the goal of workers, employers, ical and scientific evidence to help de- committee. . . . The ergonomics rule threat- and our entire economy. termine what, if any, regulations were ens our company’s future and the jobs of the The Department of Labor regulation needed. co-workers who depend on us. that we are voting on today has a num- They finished that study in January Southern Foods is just one example ber of problems. It is too regulatory, and determined that more detailed re- from the thousands of Kentucky busi- too burdensome on business, and it is search was needed before we write a nesses that would be affected by these not backed up by sound science. It final rule. Among other things, the new regulations. As they are written needs an overhaul. We need to pass this Academy said many factors such as now, the new regs would affect almost resolution today to make sure that if age, gender, personal habits, or even every single employer in America, even and when the Federal Government job satisfaction could all play a part in if they had just one employee. No mat- passes a final ergonomics rule, it gets workplace injuries, and that we have to ter what their situation, businesses it right. be careful to take everything into ac- will be forced to implement a complete For years, Congress and the Depart- count in writing an ergonomics rule. ergonomics program if there is only ment of Labor have been talking about One size does not fit all. That is prob- one complaint. The cost and effort writing an ergonomics rule. This is ably another reason why President could be staggering. nothing new. All of my colleagues are Clinton was in such a hurry to pass the It is simple. More burdensome rules familiar by now with this issue. But ergonomics rule last November. The and regulations mean more time spent these regulations that are about to go new study was going to come out soon on paperwork and less time on busi- into effect are the product of a hurried, and he was worried about what it was ness. Less work on business means less sloppy rulemaking process. After years going to say. So instead of waiting for gets done, the bottom line shrinks. We and years of debate and study, it was all the evidence, instead of waiting for know who is going to pay—workers, in rushed through at the 11th hour by the experts, he tried to jam the lower wages, fewer benefits, and lay- President Clinton, just before he left ergonomics regulations down the offs. office. throat of American business before all I know everybody has seen this, but the facts came to light. That is no way I know many in the labor movement it is 608 pages—608 pages. It is not even to run a Government or a railroad. really want the new regulations, but I the same rules and regulations that But the biggest concern I personally am afraid they are looking at the regu- were originally proposed. have with the new regulations is not lation rules in a vacuum. They might We need to know that President Clin- about process, and it is not about think this sweeping new rule is the an- ton was busy as a beaver before he left science. It is about what the new rules swer to their prayers, but in the end it the White House, working right up to would mean in terms of dollars and is just going to hurt those they claim the last minute trying to pass as many cents out in the real world. Before we they want to protect. new big Government regulations and to do anything else, we have to be real- Finally, let me say if this resolution pardon as many fugitives as possible. istic and take a hard look at the bot- passes, it is not the end of the discus- The ergonomics regulations are just tom line and how this rule is going to sion about ergonomics and improving another example of the frenzied last- hurt our economy; how it could close the safety of the American workplace. minute push by the President to build businesses and lead to layoffs of real Instead, it leaves the door open for the a legacy. It is not about getting the people. Bush administration to continue best workplace safety rules; it is about As I just said a few minutes ago, the studying this issue and to come up President Clinton trying to pass as SBA has already told us these new reg- with more practical and creative ways many new rules as possible before he ulations could cost up to $100 billion to accommodate workers and employ- had to leave town. That is not the right every single year. According to the ees. Any new regulations have to be

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1857 something with which we all literally During my years on the job, many of my mentation. The studies and the science can live. The pending regulations we co-workers suffered painful injuries to their are conclusive. have now are not. joints and muscles through no fault of their Other opponents claims that this I urge support for the resolution be- own. They were all simply doing their jobs. isn’t a significant problem. The facts The many whose sweat and toil form the fore us today and I yield the floor. backbone of this nation need strong laws to prove otherwise. The PRESIDING OFFICER (Mr. protect their safety and welfare. Please op- Each year, more than 600,000 private BROWNBACK). The Senator from Wash- pose any effort to weaken or take away this sector workers in America are forced ington is recognized. nation’s ergonomics standard. to miss time from work because of Mrs. MURRAY. Mr. President, about We should heed Frank’s words, and painful MSDs. 10 years ago—during the first Bush Ad- the millions of other workers who have These injuries hurt America’s compa- ministration—Labor Secretary Eliza- stories just like his. In fact, ergonomic nies. Employers pay more than $20 bil- beth Dole heard the stories and saw the injuries are the single-largest occupa- lion annually in workers’ compensa- statistics about the serious ergonomic tional health crisis faced by America’s tion benefits due to MSDs, and employ- injuries that American workers suffer. working men and women today. ers pay up to $60 billion in lost produc- For 10 years, the Department of This resolution, if enacted, turns our tivity, disability benefits and other as- Labor—in consultation with business, backs on the people who build America, sociated costs. labor, and Congress—has worked to assist us at the grocery store, sew our The impact of MSDs on women in the enact a fair, enforceable rule to protect clothes—the people who keep our coun- workplace is especially serious. Women America’s workers from the real harm try running. make up 46 percent of the total work- caused by ergonomic injuries. Let’s be clear: Today’s debate is just force. They account for just a third of Now, with just a few hours of debate, the latest step in a larger attempt to the total injured workers, but women some in this body are trying to undo a by some to deny progress on this issue. account for 63 percent of all lost work decade’s worth of work. Many Americans will ask: Who could time due to ergonomic injuries, and 69 In fact, their actions would preclude be against such a common sense meas- percent of lost work time because of the Department of Labor from enacting ure? carpal tunnel syndrome. a similar rule. The answer: The current administra- Women in the health care, retail and That sends a horrible message to tion and many here in Congress. textile industries are particularly hard America’s working men and women. It They are trying to use the Congres- hit by MSDs and carpal tunnel syn- says—we know you’re breaking your sional Review Act to undo a rule that drome. back—literally—day-in and day-out to was called for by a Republican, and fi- Women suffer more than 90 percent of put food on your table, but this Con- nalized by a Democrat, based on 10 the MSDs among nurses, nurse aides, gress won’t do anything to protect you years of work. health care aides and sewing machine from a serious injury. Today, they are trying to undo this operators. Today, many people wear down their vital safety rule because they’ve been Women also account for 91 percent of tendons and their joints on the job. losing this debate on its merits for the the carpal tunnel cases that occur They go home after a long day of work last 10 years. among cashiers. and just want to pick their kids up and I hope that gives my colleagues pause Despite the overwhelming evidence hold them. But they can’t because of as they consider how they will vote on of the impact of MSDs due to a lack of ergonomic injuries. this measure: a ten year, bipartisan ef- workplace standards, we are still de- To them, this resolution that is be- fort versus a highly-charged, highly- bating the need for this rule. fore us says, ‘‘Too bad. This Congress partisan debate for 10 hours. The states are getting this right. won’t help you.’’ The action we are contemplating Last year, my home state of Wash- Yes. This rule will have an economic today would strip the ergonomic stand- ington became the second state along impact on business in America. But we ard off the books forever, and require a with California to adopt an ergonomics must also consider the economic im- further act of Congress to implement rule. pact of injured workers. another one. The rule in Washington state is help- If a family’s primary breadwinner Let’s look at one claim made by ing employers reduce workplace haz- can’t work because of an on-the-job those who oppose this standard: The ards that cripple and injure more than ergonomic injury—there is a serious opponents claim we don’t have enough 50,000 workers a year at a cost of more economic impact to that family, that facts. than $411 million a year. community, and our country. Just two months ago, the National It is estimated that it costs employ- The human body has its limits, and Academy of Sciences finished its sec- ers about $80 million a year to comply this rule recognizes those limits and ond comprehensive study on with the standards. But when they helps us become a safer, more produc- ergonomics. comply, employers save about $340 mil- tive workforce. Their conclusion: Workplace prac- lion per year. Clearly, this is a cost-ef- Last week, I received a letter from a tices do cause ergonomic injuries, and fective program. constituent, Frank Lehn, from ergonomics programs can effectively Nationwide, the ergonomic rule is es- Washougal, Washington. Washougal is address those practices that cause in- timated to save businesses $4.5 billion a great town—the kind of town that jury. annually. That’s because workers’ com- any parent would want to raise their This was the second Academy study pensation claims will fall and produc- kids in. on ergonomics that upheld this conclu- tion will increase. The gentleman who wrote me was a sion. I urge my colleagues to oppose this mill worker for 27 years—‘‘performing In addition to the two studies by the resolution. We should allow OSHA to extremely physical, manual-type Academy of Sciences, the National In- get on with its job of protecting Amer- labor’’—as he describes it. In his email stitute for Occupational Safety and ican workers from ergonomics injuries. to me, he says: Health studied ergonomics. If individuals have problems with the The constant stress of my job on my body It found there is ‘‘clear and compel- rule, I suggest they seek to modify it resulted in a degenerative spinal disease, creating painful bone spurs where the nerves ling evidence’’ that musculoskeletal through the administrative process or exit my spine. disorders—or MSD’s—are caused by craft legislation. Trying to use the When I was finally unable to do my job, I certain types of work. And it found Congressional Review Act, however, is was given a disability retirement, and now that those injuries can be reduced and a drastic action by desperate people. live on an $800 monthly pension. prevented through workplace interven- We should not allow 10 hours of de- The ergonomics standard now in place tions. bate to permanently invalidate a rule came too late to help me, but I am greatly The American College of Occupa- that took 10 years to implement and is concerned about the future of the young workers who are performing the same tasks tional and Environmental Medicine— clearly supported by credible science. I did day after day for many years. the world’s largest occupational med- Let’s give America’s workers the pro- It is crucial that we do not allow this vital ical society—agreed with those find- tections they need instead of misusing standard to be weakened in any way. ings and saw no reason to delay imple- this process to eliminate the safety

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1858 CONGRESSIONAL RECORD — SENATE March 6, 2001 standards that workers and their fami- $100 billion to as much as $1 trillion. cover 9 pages only, with 16 pages of fac- lies rely on. When I asked Mr. Fellner what the ben- tual backup, and then the balance of I yield the balance of my time. efits would be, if any, on the figure ad- several hundred pages on analysis and The PRESIDING OFFICER. The Sen- vanced by Mr. Woodward of $9.1 billion hearings. ator from Pennsylvania. in benefits, contrasted with $4.5 billion The representation was made that if Mr. SPECTER. Mr. President, I in cost, Mr. Fellner said there were no an employer is to really understand the thank my colleague from Oklahoma, real benefits; and if any did exist, they rules to find out what has to be done, Senator NICKLES, for yielding to me. would be subsumed by the enormous that employer is going to have to read He was next in line. amount of cost. the full text in order to have some real I have sought recognition to com- In listening to these two witnesses understanding. ment on the pending issue on the Con- testify, and in focusing on what the An additional concern I have turns gressional Review Act as it relates to role of the Congress is, the Senate is— on what will the effect be if this resolu- the pending ergonomics rule. The issue and my role as a Senator in trying to tion of disapproval takes effect with re- before us at the moment has been a evaluate congressional review on agen- spect to any later rulemaking. The long, contentious one that I have had cy rulemaking—I must say that I did statute in question, the congressional considerable contact with in connec- not get a whole lot of guidance from review of agency rulemaking has a pro- tion with my responsibilities as chair- these witnesses, as they testified as to vision: man of the Appropriations sub- what the cost factor would be. A rule that does not take effect or does not committee, which has jurisdiction over When we got into the issue of the continue under paragraph 1 may not be re- issued in substantially the same form. And a the Department of Labor. complexity of the rule, again, it is a new rule that is substantially the same as The issue of rulemaking on very complicated matter. We focused such a rule may not be issued unless the new ergonomics has been around since a on a couple of the rules in particular— rule is specifically authorized by law enacted study was ordered more than a decade one, which was set forth on page 68848 after the date of the joint resolution dis- ago by then Secretary of Labor Eliza- of the Federal Register, Volume 65, No. approving the original rule. beth Dole. There have been a number of 220, Tuesday, November 14, 2000, speci- From this language, I am concerned delays, as the issue has come before the fying a repetition rule: that a new rule may be subject to being subcommittee on appropriations for Repeating the same motions every few sec- invalidated if it is determined to be ‘‘in the Department of Labor where efforts onds or repeating a cycle of motions involv- substantially the same form.’’ And I have been made to withhold funding, ing the affected body part more than twice am concerned about the mischief that per minute for more than 2 consecutive could come from virtually endless liti- and then to seek additional studies. hours in a work day. There have been many studies, and gation, with what whatever any new There was considerable debate in the there have been very substantial rule may be, if it conflicts with that hearing this morning, but, again, not a delays. statutory provision on interpretation whole lot of light shed as to what the I am concerned about the need to that it is substantially in the same real import was. provide further protection to America’s form. Mr. Fellner made a suggestion that workers on repetitive motions and the I have conferred on this matter with there ought to be experts convened— other kinds of physical activity encom- my colleague from Oklahoma, Senator between 6 and 12 on each side—who passed by this ergonomics rule. But I NICKLES, who referred me to a joint would debate and discuss just exactly am also concerned about the com- statement which was made on the en- what this repetitive motion meant, to plexity of the rule which is at issue actment of the Congressional Review have some better appraisal and better here. Act back on April 18, 1996, a statement understanding as to what the impact In an effort to try to get additional made by Senators NICKLES, REID, and was on the individual who is subjected factors which would bear on the ques- STEVENS, which constitutes the man- to that kind of work. agers’ interpretation. On page 3686 of tion of cost and on the question of Another rule which we considered at complexity, I convened a hearing which the CONGRESSIONAL RECORD for April some length involved the force issue on 18, 1996, the following language is set was held this morning—late notice on the same page: the hearing, but this matter has just forth: Lifting more than 75 pounds at any one been recently scheduled to be on the If the law that authorized the disapproved time; more than 55 pounds more than 10 rule provides broad discretion to the issuing floor today. times per day; or more than 25 pounds below agency regarding the substance of such rule, We heard from three witnesses who the knees, above the shoulders, or at arms’ the agency may exercise its broad discretion provided a fair amount of insight into length more than 25 times per day. to issue a substantially different rule. the issue. We heard from Joseph M. The analysis again leaves me some- Then continuing somewhat later: Woodward, Esq., Associate Solicitor for what in a quandary as to really the im- It will be the agency’s responsibility in the Occupational Safety and Health at the port of the rule or exactly what its im- first instance when promulgating the rule to Department of Labor; from Lynn pact is and how important that is for determine the range of discretion afforded Rhinehart, Esq., Associate General the well-being of the employee, so that under the original law and whether the law Counsel of the AFL–CIO; and Baruch A. it is not an easy matter to make a cal- authorizes the agency to issue a substan- Fellner, Esq., a partner at Gibson, tially different rule. Then, the agency must culation as to the import of those rules give effect to the resolution of disapproval. Dunn & Crutcher—where his practice in terms of workers’ safety contrasted The substance of this appears to centers on employment law, with an with what the cost of those rules would emphasis on occupational safety and state that where the agency has broad be. discretion, the agency can issue a new health; and he spoke, in essence, for I was concerned with the information rule without falling under the prohibi- the Chamber of Commerce and the heard this morning. We had an exten- tion of being substantially the same; business interests. sive informal meeting before going to In the course of this morning’s hear- that it is the agency’s determination the formal hearing, when the point was as to what discretion they have. ing, I think it is fair to say there was made that there had been no public I contacted the Secretary of Labor, generalized agreement on the need for comment on the specific rule which re- Elaine L. Chao, about this matter yes- regulation. But, there was total dis- lated to the action level, which means terday and received a letter from her agreement on the issue of what the the repetitive motion for a period of today saying in part: cost of this regulation would be and time, and there had been no public Let me assure you that in the event a whether the regulation needed to be as comment on the hazard resolution. Joint Resolution of Disapproval becomes complex as it is. All of this, candidly, left me with the law, I intend to pursue a comprehensive ap- Mr. Woodward testified that the conclusion that there was a need for proach to ergonomics which may include OSHA calculation was that the regula- promoting worker safety; but a con- new rulemaking that addresses the concerns tion would cost $4.5 billion, and there cern as to whether the entire matter levied against the current standard. would be benefits of some $9.1 billion. ought to be substantially simpler. The key word there, of course is Mr. Fellner testified that the cost When we talk about the enormous ‘‘may.’’ So that it is within the discre- could range from somewhere around volume, the regulations themselves tion of the Secretary of Labor and

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1859 that, of course, would remain to be served actually some 15 minutes, to ex- Mr. SPECTER. Mr. President, if I seen. The letter does signify, in addi- press my concerns. I am continuing to might respond, I do not think it was tion to the conversation I had with listen to the debate. I have received, as the intention to have any delay but Secretary Chao, her concern about the one might expect with a constituency only an intention to keep the current entire issue and her determination to such as mine in the Commonwealth of rule in effect until a new rule could be take a very close look at it, which is Pennsylvania, a great many calls. I am promulgated or this rule might be re- some assurance but obviously not to- continuing to weigh the issues. vised. I would be very interested to tally dispositive. I note the presence on the floor of the work with my colleague from Virginia I ask unanimous consent that the Senator from Massachusetts, who had on an expedited process. One of the full text of the letter be printed in the an idea about the potential for a 2-year suggestions I made with the witnesses RECORD at the conclusion of my re- delay, which might be accomplished I had this morning was to have the ex- marks. with an amendment to another bill, perts come in to a hearing on my sub- The PRESIDING OFFICER. Without such as the bankruptcy bill. These committee and let’s have at it. Let’s objection, it is so ordered. issues are complicated. Trying to bal- have it out. I would be interested to (See Exhibit 1.) ance the interests of the working men know what the Senator from Virginia Mr. SPECTER. Mr. President, at a and women of America with the inter- thinks might be a timetable for getting caucus discussion earlier today, I had a ests of the employers of America, espe- a new rule. brief colloquy with my distinguished cially small businesses, trying to figure Mr. WARNER. Mr. President, I thank colleague from Oklahoma, Senator out how to have rules which are fair my colleague for that offer. I accept it. NICKLES, which I would like to repeat and just to all sides, is not an easy I am proud to represent the largest the essence of now. That went to the matter. shipyard in the world. It has enormous issue of whether this legislative prohi- I have expressed the concerns I have amounts of heavy construction going bition against issuing substantially the today. I continue to weigh this matter on daily. same rule would be an effective bar or, as I listen to the floor debate. Mr. SPECTER. The Philadelphia as one of the authors and having coau- EXHIBIT 1 Navy Yard was about to top you until thored the statement of legislative in- SECRETARY OF LABOR some disaster occurred there. tent, a new regulation would pass mus- Washington, DC, March 6, 2001. Mr. WARNER. Well, until I became ter without a likely bar from the limi- Hon. ARLEN SPECTER, the Secretary of the Navy, and we tation of substantiality or substan- Chairman, Subcommittee on Labor, Health and began to bring that down to size. tially the same. Human Services, Education I say to my good friend, I believe the Mr. NICKLES. To respond to my col- Committee on Appropriations, U.S. Senate, league, I remember when we put in Washington, DC. value of this colloquy and delivery of that language in the Congressional Re- DEAR CHAIRMAN SPECTER. It is my under- the statements by Senators today is fo- standing that the Senate will soon consider view Act, we did it specifically because cused on the imperative need to stop a Joint Resolution of Disapproval pertaining the current promulgation of these reg- we didn’t want to have Congress go to to the Occupational Safety and Health Ad- the trouble of overturning a regulation ulations. I commend our distinguished ministration’s (OSHA) ergonomics standard. colleague from Wyoming and our dis- and then have the regulatory agency As you are aware, the Congressional Review just basically come back and rewrite Act of 1996 gives Congress the authority to tinguished colleague from Oklahoma the same reg. That is the reason we in- vitiate this standard and permanently pre- for taking the lead on this. I will sup- cluded that language. vent OSHA from promulgating a rule in sub- port the resolution. I shall vote I have no doubt, after reading Sec- stantially the same form. unhesitatingly today, whenever the retary of Labor Chao’s statement, that Let me assure you that, in the event a vote is arranged. We have to commit to Joint Resolution of Disapproval becomes she is very concerned about the workers in America that we will go law, I intend to pursue a comprehensive ap- to work with our current Secretary of ergonomics. She leaves the option open proach to ergonomics, which may include to reissuing another rule. new rulemaking, that addresses the concerns Labor to do our very best to come up There are different ways of com- levied against the current standard. This ap- with a realistic, commonsense set of bating ergonomics without coming up proach will provide employers with achiev- regulations. You can count on this with a regulation of 835 pages. If she able measures that protect their employees Senator for joining in that. comes up with a different approach, it before injuries occur. Repetitive stress inju- Mr. President, I rise today in strong will be more cost effective. It will be ries in the workplace are an important prob- support of S.J. Res. 6 to preclude OSHA more effective. I have great confidence lem. I recognize this critical challenge and from enforcing ergonomics regulations want you to understand that the safety and advanced during the Clinton Adminis- that it will be substantially different health of our nation’s workforce will always than the proposal we have before us be a priority during my tenure as Secretary. tration. today. I look forward to working with you This Rule is likely the most far Mr. SPECTER. So the essence of the throughout the entire 107th Congress. reaching and intrusive regulation ever Senator’s position is that the prohibi- Sincerely, promulgated by OSHA. Unless Congress tion against reissuing a rule ‘‘substan- ELAINE L. CHAO, acts, employers will be forced to sift tially in the same form’’ is not a real Secretary of Labor. through over 600 pages of new and com- impediment to the Secretary of Labor Mr. WARNER. Mr. President, if I plex ergonomics standards. and of the current administration pick- might reply to my distinguished col- The rule is full of flaws and ambigu- ing up the issue and coming out with a league. Earlier today I listened to him ities. As currently written, fair and new regulation. and I think he approached this issue in just enforcement of these regulations Mr. NICKLES. The Senator is exactly a very realistic and pragmatic way, would be near impossible for OSHA. right. I have great confidence that particularly with his State having so By disapproving this most recent when she addresses this, whether she much heavy industrial work in it. I am OSHA regulation, it does not mean uses the rulemaking process or uses strongly in favor of the resolution. that I discount initiatives to improve other tools in the Secretary’s office to But I am concerned about the propo- conditions for workers. address work-related injuries, includ- sition of a 2-year delay. There are a lot I know from personal experience and ing ergonomics, it will be substantially of people—and I will address that—who Americans know from their personal different than this. I certainly hope are actually at this moment suffering a experience that there are people in and expect that it wouldn’t have a new consequence of their repetitive phys- some workplaces who may suffer sim- workers compensation, Federal work- ical action. Do we really think 2 years ply because of the repetitive nature of ers compensation system that would be would give Congress the time necessary their physical work. superior to almost every State’s work- to address this problem? I think we can Those people watching this debate er comp rules. reach an accommodation with our new know there is a problem. I concur that Mr. SPECTER. I thank my colleague Secretary of Labor addressing this and there must be some corrective action from Oklahoma for his response. quickly get to a more realistic set of to help these workers. I join my col- I have taken a few moments of the regulations to promote worker safety leagues in asking the Secretary of Senate’s floor time today, having re- from these injuries. Labor to review this situation and

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1860 CONGRESSIONAL RECORD — SENATE March 6, 2001 work with Congress to develop a real- ought to trim it back. If you have a sachusetts losing his right to speak—to istic and attainable ergonomics regula- tree that is rotten to the core, you be able to respond to the questions tion. We have this obligation. don’t try to prune it; you chop it down from the Senator from Pennsylvania. An ergonomics rule that is based on and you plant a new one. If you have a Would I be permitted to speak for 4 sound science. OSHA bases its new house built on a bad foundation—and minutes on this subject matter and ergonomics standards on the assump- that is what the testimony shows—you then ask unanimous consent that my tion that all repetitive motion injuries don’t try to build the top part of the colleague may speak? are a result of work related factors. In house up again; you start at the base- The PRESIDING OFFICER. Is there fact, outside, non-work related activi- ment. I think it can be done in a rel- objection? ties often contribute to repetitive mo- atively short period of time because Without objection, it is so ordered. tion disorders. The necessary scientific there has been all of this collection of Mr. KENNEDY. Mr. President, while research needed to develop effective information and there are people out the Senator from Virginia is here and standards is incomplete. there who are hurting. the junior Senator from Massachu- It is in the best interest of business I have said a lot of times if we actu- setts, let me point out what a logical owners to protect their employees and ally talk to the people who have the response would be to the Senator from maintain a safe and healthy work envi- problem, we can get a solution. We are Virginia. All we have to have is the ronment. always talking to the experts who talk President of the United States file in Mr. President, while I believe the to the people who have a problem. the Federal Register now an objection government has a valid role in pro- Somehow they seem to complicate to this particular rule and in 60 days tecting American workers, this rule is those problems considerably. We this rule is effectively suspended. too large, assumes unrealistic thresh- haven’t put in place—well, we have put There would be the opportunity then, olds, and will in the long run hurt in place incentives for the employers if the Secretary of Labor working with American businesses and their work- already. It was mentioned in the Sen- the chairman of the committee had ers. ator’s hearing that some of the people particular objections, that they would The PRESIDING OFFICER. Without had a net gain by doing these things. be able to make those recommenda- objection, it is so ordered. Of course, I don’t know of a business- tions; it would be in order. That is not Mr. SPECTER. While the Senator is man in this country who, if he couldn’t what is being asked here in the Senate. on the floor, I want to inquire whether get a net gain out of doing something We are being asked to give the death he, or perhaps the Senator from Okla- good, would not do it. So already in knell to this whole proposal. Under the homa, or Senator ENZI, who has done this country people are bringing down CRA, they cannot come back with a such an outstanding job working in the the number of accidents. They are substantial equivalent rule. subcommittee, would have any sug- doing it because it is the right thing to It is fair to ask what the history has gested timetable to which we might do. been with regard to ergonomics. The look on a new rule. So we have a lot of support from the fact is, since 1994 and 1995, there has Mr. WARNER. I think that would be business community to come up with been wholesale opposition to any very helpful if we could have a thought the right way to do it. As I pledged this ergonomics rules, under Republican from the managers of this. morning, I will be happy to work with and Democratic administrations. If you Mr. ENZI. Mr. President, I want to everybody on the Health, Education, can demonstrate to me a single exam- comment on that because I am the sub- Labor, and Pensions Committee, every- ple where, at the Federal level or the committee chairman for employment, body who deals with appropriations— State level, there has been any kind of safety, and training. I have held some you carry a big stick in dealing with support for those particular proposals of the hearings and have said repeat- appropriations—to come up with a so- from the business community that is edly—particularly this morning—that lution for this. We have to do it the leading the charge against it, your something needs to be done on right way. comments would make some sense. But ergonomics. I am willing to work on it. Mr. WARNER. If the Senator will it doesn’t happen to be that way, and I mentioned that one of the high- yield, Mr. President, that is the basis you can’t show it. I won’t take the lights of mine last week was an award on which I am committed to him to do time now away from the Senator from I received from the Service Employees this. I am very encouraged by what you Massachusetts, but later I will take the International Union. I think that is the have advised. It is eminently fair. That time to go over what the history has largest division of the AFL-CIO. The type of attitude is one that can succeed been in opposition to this particular reason I got that award is that I in this Chamber and will help get rule. It is right there, going back since worked with Senator KENNEDY on a through a piece of legislation which I Elizabeth Dole said there was a prob- needle-stick bill. Employees of this think is needed now. We should not lem—day in and day out, battle after country were injured by accidentally postpone its consideration, I think, for battle. being stabbed by needles, and janitors 2 years. My good friend from Wyoming said when emptying trash were stabbed. Mr. SPECTER. If the Senator will California has a 1-page ergonomics The worst part isn’t the fact that they yield, I think it might be useful, if pos- standard, and the industry opposed got stabbed but all of the time it takes sible, to have a suggested timetable to that one. The Senator from Wyoming before they understand whether they carry to the Secretary of Labor to try can’t give us a single example of an are really infected or not. to have a target date to get this done. ergonomics standard that has been sup- We got together and did a reasonable Mr. ENZI. While I think it is an ex- ported—not one. And to think we are bill that provided some incentives for cellent idea to have a target date, going to lead the American people on people to do that—a different way of there are a lot of staff who are very the basis of that exchange, that all we doing recordkeeping and it passed by competent on this who ought to be in- have to do is knock this down and in a unanimous consent through both bod- volved in putting something together very short period of time we will have ies. In a very short period of time, we so we have a work plan, and there is some opportunity to consider a good, were able to do that. need for basic time for Senator KEN- effective program that is going to pro- In light of your question about some NEDY and me and other people to spend tect the millions of Americans who to- kind of a mechanism here for post- some time talking. I don’t think that night are at risk is asking too much of poning this rule for 2 years, the option putting a date on it in the pressure of logic and understanding, I believe, is, under the CRA, of eliminating it a debate that is time limited is a good from the American people. It ‘‘ain’t’’ now or staying with it. It is an up- or- idea. going to happen. down vote on that proposition, not an The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, we amendable motion. It is impossible to ator from Massachusetts is recognized. have a new President, a new Secretary say we will put that in place. Mr. KENNEDY. Mr. President, our of Labor. I recommend that you do not keep agreement is to go back and forth. I Mr. KENNEDY. Then why not give it the present one in place because some would like to be able to respond with- a chance? Where is this bipartisanship? people say it is not a perfect fit and we out my colleague and friend from Mas- We are trying to work out education,

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1861 bipartisanship on a Patients’ Bill of alition of Ergonomics, Industry In August of 1995, again, following in- Rights; but suddenly, 2 days later, we Front—organized to oppose ergonomics tense industry lobbying, the House read in the newspaper that this is the standards with a war chest of $600,000. passed an appropriations bill prohib- death knell for this particular rule. In March 1995, business groups tried iting OSHA from issuing or developing Why not go back and say let’s work to stop OSHA from developing a pro- any standard on ergonomics. They had that out? Why not withhold this par- posed rule for ergonomics standards; in ample opportunity in 1995, 1996, 1997, ticular resolution, give us, say, 60 days, 1995 again, National Coalition on 1998, 1999, 2000, and even now to come 90 days, a chance to work it out, and Ergonomics opposed OSHA. up with some notion of what they are then, if we can’t, go ahead with the res- Please give an example of what you willing to accept. olution? are for, Senator. Give us an example of As my colleague from Massachusetts You haven’t even given the oppor- what you are for. pointed out—silence, absolutely no tunity or the respect or the courtesy to It is silent over there. You haven’t offer whatsoever. There is no need to those who support that proposal to try got an example of it. That is a reflec- move in the way they are moving now to even work this out. And it is putting tion of the bankruptcy in their argu- except, I suppose, that it is entirely in at serious risk the well-being, the ment. They haven’t had any examples keeping with their approach to labor health, and safety of workers. Why not of what they are for. Give us an exam- over the course of the last weeks. try it? OK, let’s work out the minimum ple of what State has voluntary pro- President Bush has been in office for wage, work out a Patients’ Bill of grams you would accept. Give us an ex- 7 weeks. Already he has had a pretty Rights. You can work out everything, ample of an American business. We profound impact on the lives of work- but protecting American workers, that have examples of programs in ers in this country. On February 17, he is the question we ask. Why not with- ergonomics. We have not heard one signed four antiworker Executive or- hold this and give us 90 days to try to statement of support for any one of ders that would, among other things, work that out? We will accept that them since this morning at 10 o’clock, repeal project labor agreements which challenge. and you will not hear it when the time are employed at the discretion of Mr. WARNER. Mr. President, the dis- comes to vote because they are not for States, repealing those so that contrac- tinguished Senator from Wyoming— it. tors would not be required under any Mr. KENNEDY. I ask unanimous con- I take 15 more seconds to commend circumstances in many federally fi- sent that this not be on my time. and thank my colleague and friend nanced projects to be unionized—a bla- The PRESIDING OFFICER. Without from Wyoming for his generous ref- tant, fundamental assault on union objection, it is so ordered. erences—I think they were generous labor. Mr. WARNER. We point out that the references—for our work on the needle- He also dissolved the National Part- distinguished Senator from Wyoming, stick legislation. I pay tribute to him nership Council which sought to get who spent so much of his career over because he was the leader, in the Sen- government agencies and unions to re- the last year or so on this subject, ate on that particular issue, and I wel- solve their differences. Not a bad way clearly says it is like a house: We have come the chance to work with him. to try to resolve the differences. That to take it down to its very foundation Mr. KERRY. I thank my colleague was a program we thought was working and build it back up again. We have from Massachusetts for the force of his and offered a capacity to reduce the committed on the floor to do just this, arguments which underscore the bank- tensions. But, no, that is eliminated— if I understand my colleague from Wyo- ruptcy of the position of those who are revoked job protections for employees ming. Am I correct in that? in opposition. of contractors at Federal buildings Mr. ENZI. Mr. President, the Senator I listened to my colleague from Wyo- when the project is awarded to another is correct. The reason we can’t wait 60 ming a moment ago, and he suggested contractor. And now we are on the cusp or 90 days is that the CRA is time lim- we have to do this because of the CRA. of overturning yet another critical ited. Sixty working days from the time If my colleagues are serious about im- worker protection that would help al- the thing was published is how long we proving the ergonomics rule, they have leviate suffering for hundreds of thou- have to reverse this rule. So we are put a number of different options available sands of people. under the rule that was passed by ev- to them. They could have a review and I believe this is an assault on the fun- erybody in this Chamber—not me, I revision of the regulation if they want- damental rights of workers, and their wasn’t here at the time, but everybody ed to. They could call on the adminis- fundamental right is obviously to have voted to do it that way, so that we tration to grant a stay against the reg- a safe workplace. would have the right to jerk agencies ulation while further work is done to Twenty-one thousand people in Mas- back that didn’t listen. assess their concerns. They could peti- sachusetts were injured last year as a They did not listen to anything said tion the agency to modify or repeal the consequence of repetitious work mo- in the committee hearing that I held, ergonomics standard and the Depart- tions or severe overstress as a con- that the Senator attended. Without co- ment of Labor could initiate a rule- sequence of the kind of work and move- operation, with that club of the Presi- making procedure to modify the rule. ment they have in their work. It seems dent over his head, it was easy to see None of those things are being en- to me we are owed at least a good-faith they didn’t need to concede any points. gaged in here. We have all heard of offer of some outline in which our col- That is not cooperation. That is not ci- crocodile tears. What we are hearing leagues would feel this might be ac- vility. We can get together and work are crocodile promises about a willing- ceptable. What do we hear? We hear on these things but not when one side ness to come back and revisit this issue them say this law is too complicated. thinks they hold all of the ammuni- when it has been visited for 10 years. Too complicated? The rule is about tion. At every step along the way the record as simple as a rule could be. The em- Mr. KENNEDY. Mr. President, if Sen- is absolutely replete with examples of ployer has enormous leverage in this ators wanted to have good-faith bar- how they have stood in opposition to rule. The employer gets to decide gaining, we are glad to do it. We are any kind of rule. So when we hear whether or not a complaint by a work- glad to do it. them talk on the floor of the Senate er is job related. The employer makes These recommendations represent today that they are prepared to come that decision. How complicated is it to the best in terms of the National Acad- back with some kind of a rule, it is di- empower a worker to come to the em- emy of Sciences and the other sci- rectly contrary to every part of the ployer in a specific amount of time, entific organizations that have knowl- record of past years. draw to their attention the signs and edge and understanding. This is special In March of 1995, the House passed a symptoms of an ergonomic injury, the interest legislation. This is a political 1995 rescission bill prohibiting OSHA responsibility of reporting it, the em- payoff. Make no mistake about it. from developing or promulgating any ployer has absolutely no further re- The business community has the proposed rule on ergonomics. Industry sponsibility under the rule unless the same groups opposing this tonight on members of the Coalition on employee reports that ergonomic in- the floor of the Senate that have been Ergonomics lobbied heavily for that jury and that injury lasts for 7 days opposing it since 1994—the National Co- measure. after being reported.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1862 CONGRESSIONAL RECORD — SENATE March 6, 2001 If the employer then determined it nurse. That career was cut short be- employers lose far fewer hours in their was work related and they were ex- cause of a preventable back injury that jobs. Programs implemented by indi- posed to a serious hazard, they craft an came from the responsibilities she was vidual employers reduce the total job- appropriate remedy. carrying out. The injury required related injuries and illnesses by an av- That is precisely what our colleague major surgery, a spinal fusion, and 2 erage of 45 percent and lost work-time from Wyoming just said he thought years of major rehabilitation before injuries and illnesses by an average of any employer in the United States and after injury. That injury was dev- 75 percent. would do. He just said if somebody sees astating to Ms. Piknick, both profes- These numbers mean something be- a worker is hurt or if somebody saw sionally and personally. cause they indicate results and they they were going to reduce their own Prior to her injury, she had led an ex- prove that making the workplace safe costs and expenses as a result of reduc- traordinarily active life. She enjoyed is crucial not only to increasing work- ing their employees’ exposure to dan- competitive racquetball, water skiing, er safety but also to increasing the ca- ger, they would do it. That is literally and whitewater rafting, but, most im- pacity of a business to flourish. what this very simple law asks them to portantly, she wanted to do her work I would like to give another example do. Instead, we are going to go on with and loved her work as an ICU nurse. of that. A company in western Massa- a situation where they could continue That had been her career since 1971. chusetts that makes most of the paper to delay and leave countless workers in The loss of ability to take care of pa- we use to print the American dollar, the United States exposed to danger tients led to clinical depression which Crane and Company, located in Dalton, with a cost of injuries at about $17 bil- lasted 41⁄2 years. She now administers MA, signed an agreement with OSHA lion annually and a total cost to the TB tests to employees at the hospital, to establish comprehensive ergonomics economy of over $50 billion when we and her ability to take care of patients, programs at each of their plants. Ac- measure it by the compensation costs, the very reason she became a nurse, is cording to the company’s own report, the workers’ medical expenses, lost gone. within 3 years of starting this program, wages, and lost productivity. Her injury could have been pre- the company’s musculoskeletal injury We all understand what ergonomics vented. So can the crippling injuries rate was almost cut in half. are. We understand it is a fancy name suffered by hundreds of thousands of Lund Silversmiths, a flatware manu- for what happens to people who do cer- other workers every year. facturer in Greenfield, MA, was trou- tain kinds of jobs in our country that Another example—this story actually bled by very high workers compensa- require multiple repetition of move- comes from Business Week, December tion costs. One OSHA log revealed that ment. We understand you can avoid 4, 2000. I quote from Business Week: back injuries were the No. 1 problem in these risks. Sheree Lolos will never forget the night 5 three departments. By implementing On January 18 of this year, the Na- years ago when her arms went numb. She basic ergonomic controls, lost work- tional Academy of Sciences and the In- had spent her 8-hour shift as usual, pouring days dropped from more than 300 in stitute of Medicine released a report a total of 12,000 pounds of plastic scrap onto 1992 to 72 in 1997, and total workers talking about these disorders. It talked a conveyor belt at a windshield factory in compensation costs for the company about the scientific evidence that doc- Springfield, MA. That night her arms tingled dropped from $192,500 in 1992 to $27,000 and burned. The next day she and her super- uments what these kinds of injuries do. visors shrugged off the injury as temporary in 1997. They also pointed out the extraor- and she continued to work in coming So all this talk about workers com- dinary cost to our economy. months—until she could work no more. pensation costs or the cost to business One would think most of the busi- This was not somebody looking for going up simply does not stand up nesses in the country would welcome an excuse or a way out. She worked against the measured examination of an opportunity for a worker to simply until she could work no more. what has happened in those companies walk up to them, explain that they be- Doctors later told her that lifting and that have seen fit to try to raise their lieve a particular injury they have is pouring for up to 60 hours a week, week after standards and respect the injuries that related to the work they are doing, week, had damaged the nerves in her arms. are done to workers through certain that it has lasted for longer than 7 So, today, at 44, Ms. Lolos says she can’t kinds of work. days, make an evaluation about it, and even wash her hair without pain. ‘‘I cry in The changes envisioned by the law then determine what they are going to the shower because I can’t keep my hands we are voting on actually increase pro- do. That is all this law requires. It is over my head to wash out the soap.’’ ductivity. It saves businesses money not complicated. That injury also was avoidable. That and makes more money for our econ- They have also compiled a report en- injury at least ought to properly be re- omy overall. This standard is a win-win titled ‘‘Work Related Musculoskeletal portable to an employer, for the em- for workers and for management. The Disorders’’ which summarized 6,000 sci- ployer to make a judgment about fact is, it is almost common sense, if entific studies on ergonomics-related whether or not there is a relationship, you examine the experience of most of injuries, and it concluded that the cur- a judgment that could very easily be those companies that have engaged in rent state of science shows that the made by a caring employer by simply a reasonable approach to it. people who are exposed to ergonomic listening to the employee, contacting I have heard some complaint on the hazards have a higher level of pain, in- the doctors, and making a legitimate floor by some people who try to sug- jury, and disability; that there is a bio- attempt to determine whether or not gest this supersedes workers compensa- logical basis for these injuries, and there is a cause and effect between the tion laws. The fact is, the provisions of that there exist today interventions injury the doctor has determined and this standard are not compensation, that can protect against those injuries. that person’s work. they are assurances that workers are There have been 10 years of effort to What you have here is a message not going to face financial disincen- try to come to the point of conclusion being sent that these kinds of injuries tives to report muscular disorders. with respect to those kinds of injuries. and the lives of these workers and their Work restriction protection, in stark Yet we are finding the resolution is not ability to get redress are not as impor- contrast to workers compensation, is a bipartisan effort to try to pull people tant as the interests that are being only a preventive health program, and together and agree. It is not a bona fide served on the Senate floor in trying to the criteria for restrictions under the effort to try to resolve the differences defeat this effort. ergonomic standard have no relation- that may or may not exist. It is an ef- An awful lot of businesses and trade ship to the criteria for compensation, fort to go ahead and literally kill the associations have already implemented nor do they have any bearing on wheth- capacity of the agency to issue this or these kinds of programs, and they have er an injury or an illness is compen- to revisit it. seen productivity rise as fewer hours sable. I would like to share very quickly a on the job are lost. When businesses en- OSHA has been including work re- couple of stories of real people in my sure that their workplaces are safe and striction protection in its health stand- State. At the Cape Cod Hospital, Beth they protect workers from these types ards for more than 20 years, and we Piknick was a registered nurse with a of injuries, the productivity across the know, as others have pointed out, the 21-year career as an intensive care unit board rises. When workers are healthy, attorneys general of some 17 States—

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1863 Arkansas, California, Colorado, Con- a legitimate effort to find out whether I went to another section, and it said, necticut, Georgia, Indiana, Iowa, Ken- what they asked that employee to do ‘‘Industries and jobs this standard cov- tucky, Maryland, Minnesota, Mis- in that plant is somehow causing them ers.’’ Lo and behold, it covers agricul- sissippi, Missouri, New Mexico, New injury. If it is causing them injury, as tural services, soil preparation, and York, Oklahoma, Washington, and Wis- they ought to be able to determine by crop services, including crop planting, consin—have all filed comments with a fair analysis from medical reports as cultivating, and protecting the crops. OSHA stating that worker restriction well as an analysis of the work itself, It also improves crop harvests. Those protection provisions of the they could make the determination to things sound an awful lot like agricul- ergonomics standard would not affect do what they think is appropriate. tural practices to me. Yet in the other or supersede the workers compensation There is no order to them of what to panel it says, agricultural employment laws in their States. do. There is no mandate from Wash- and operations are not covered. But ev- To the best of my knowledge, there is ington. There is no requirement of the erything you have to do to plant crops no attorney general on record saying long arm of government telling them and harvest them and protect them is, that it will. with specificity what their options are. in fact, covered. The ergonomics regulation is not a There is just a legitimate, common- I went down and read some more. It new phenomenon. And it is not some- sense, decent approach to the problems says, ‘‘Maritime employment and oper- how the latest fad that represents some of a worker in a workplace that, as my ations are not covered.’’ effort to try to enlarge rights beyond colleague from Wyoming said, any de- Then I looked over to the other col- what they ought to be in the work- cent employer ought to engage in. umn. It said, ‘‘Boat building and repair place. What is happening here is an effort to is covered.’’ That is sort of a maritime Ten years ago, as we have heard, deny decency to tens of thousands in type of industry if there ever was one. under a Republican President, Sec- Massachusetts, 600,000 on a national So I read it again. It said, ‘‘Maritime retary of Labor Elizabeth Dole com- basis—maybe a million workers—who employment and operations are not mitted the Department of Labor to suffer annually. We could avoid that if covered.’’ Commercial fishing in the begin working on this standard. That we were to vote properly on the floor of other column is covered. That is sort of was in response to a growing body of the U.S. Senate. a maritime endeavor when you are evidence at that point in time which I yield the floor. commercially fishing in the ocean. showed that these repetitive stress dis- The PRESIDING OFFICER. The Sen- I get confused when it says ship- orders, such as carpal tunnel syn- ator from Oklahoma. building and repair is not covered but, Mr. NICKLES. Mr. President, I yield drome, were the fastest category of on the other hand, boat building and to the Senator from Louisiana 7 min- growth in occupational illnesses. Ten repair is covered. If it is a ship, you are utes, and then I ask unanimous consent years now, and all of the records show not covered, but a boat is covered. to recognize the Senator from Ohio, countless numbers of efforts to prevent If you are an agricultural worker, Mr. VOINOVICH, for 7 minutes following a legitimate initiative to make you are not covered. But if you are en- Senator BREAUX’s remarks. progress on this issue with any kind of The PRESIDING OFFICER. Without gaged in crop harvesting, planting, and alternative, any acceptable language, objection, it is so ordered. protecting a crop, then you are cov- anything that suggests legitimacy in Mr. BREAUX. Mr. President, I thank ered. an effort to work out a compromise. my colleague for yielding me some By any measure, I think this is not So many of us are, indeed, extraor- time. clear. It is not simple; it is very con- dinarily skeptical when we hear in the I rise as one who is going to support fusing. Chamber today that somehow what has the resolution of disapproval but at the More than that, I am concerned not taken place for 10 years, what has same time also speak to the fact that I about an administrative procedure or been shown to be exactly the opposite think there are problems in the work- process where we can do by administra- of what is promised, which is an out- place that justifiably call for us to be tive decision what legislators who are right effort to kill any kind of standard involved in crafting solutions which called upon to legislate cannot do to whatsoever, is suddenly now going to would reduce or even eliminate those see how what we do affects people be- be replaced by some act of good faith. problems. cause I think it clearly affects a I repeat, if there was a legitimate ef- I am impressed by the study of the State’s workers compensation laws. I fort to try to avoid the sort of draco- National Academy of Sciences which, am very concerned about that. nian measure of the Congressional Re- incidentally, came after some final reg- If you go to the back of the rules that view Act, which is an all-or-nothing, or ulations were already promulgated, we are looking at, it very clearly says an up-or-down vote, with this limited which point out that it is a problem something I think is understandable. It amount of debate, we could have done that affects as many as 1 million peo- says, ‘‘Work restrictions protection: something else. If we were serious ple a year losing time and costing as Employers must . . .’’—not may, not about improving the ergonomics rule, much as $50 billion annually in lost can, not should but ‘‘employers must we could have simply taken action to productivity. provide work restrictions protection to review and somehow revise the regula- Yes, there is a problem out there. employees who receive temporary work tion in a reasonable way. We could see Yes, there should be something we can restrictions.’’ the administration say we are not do to address it. I suggest that while This means maintaining 100 percent going to ask for this draconian effort there is something we could do, this is of earnings and full benefits for em- on the floor. Why don’t we have a stay? not the right approach. It is the reason ployees who receive limitations on Or, as my colleague from Massachu- why I am going to support the resolu- their work activities in their current setts pointed out, we could have, I tion of disapproval. jobs or transferred to a temporary al- think, a 60-day period before the imple- My colleague mentioned that this ternative duty job, and 90 percent of mentation by merely putting a protest rule is very simple and easy to under- the earnings and full benefits to em- in place. stand. I would suggest that is not cor- ployees who are removed from work. There are any number of ways in rect. That is good for 90 days or less, which- which we could approach this question. I was reading it. It is always dan- ever comes first. We could petition the agency itself to gerous when you actually read these That tells me they may not replace modify or repeal the standard. regulations. I read the regulations, and your State workers compensation But, once again, there has been no I got to one part where it said, ‘‘Indus- rules, which, in my State and most showing whatsoever about why the tries and jobs this standard does not States, provide about two-thirds com- simple standard of a worker going to cover.’’ That will be interesting. Let pensation for injuries in the workplace, an employer and suggesting that the me read that. It says, ‘‘Industries and which I strongly support, but it cer- particular illness or problem they have jobs this standard does not cover. Agri- tainly is in addition to it. It is a sup- is work related should not initiate cultural employment and operation.’’ plement. It is more than the workers from this benevolent employer that the I said: My goodness, we are exempt- compensation laws provide. You have Senator from Wyoming is referring to, ing agriculture from the regulations. the workers compensation laws taking

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1864 CONGRESSIONAL RECORD — SENATE March 6, 2001 care of certain types of problems in the thing. I am suggesting we do some- some speculation that these appointees workplace. Then you have an entirely thing that makes sense. I think the believed that quick action was the only new program that States are going to way to get to this legislation is to pass choice they had to get the rule final- have to implement. And who is going the resolution of disapproval of what I ized. to pay for it? Is the State going to be think has been a rule that has been These individuals at OSHA even man- required to put up their share for the brought to this body but without the aged to thwart the will of Congress, new program? Do the States have the proper attention to detail that I think which approved an amendment last money to do that? How much is it is so important. year delaying implementation of the going to cost Louisiana, which is strug- I yield the floor. regulation for 1 year. This ‘‘in-your- gling to find enough money to partici- Mr. NICKLES addressed the Chair. face″ attitude was deliberately pate in the Federal Medicaid program, The PRESIDING OFFICER (Mr. confrontational. It was as if the pre- because we did not have enough State SMITH of Oregon). Under the previous vious administration said: We don’t funds to meet or match this? They look order, the Senator from Ohio is recog- care what Congress wants, we are going at an unfunded mandate, an additional nized. to do what we want anyhow, and that’s supplemental benefits package that we Mr. NICKLES. Will the Senator yield the way it goes. In their undertakings, have not enacted in Congress but that for a moment? they ignored legitimate concerns has been allowed to go forward because Mr. VOINOVICH. Yes. voiced by Members of Congress and the of an administrative rule process which Mr. NICKLES. I thank my friend and business community and ram-rodded I think is the wrong way to do it. colleague, Senator BREAUX, for his this controversial, burdensome and ex- I differ from some who say, we don’t analysis, and also for his well-thought- ceedingly costly regulation. want to do anything. I think we should out position. Also, I thank Senator On the subject of cost—I think this is do something to address these rules. I DORGAN for his cooperation in sched- an important issue—we have no real will be addressing legislation tomorrow uling the speeches. ‘‘hands-on’’ figure. OSHA estimates the in a bipartisan fashion which will say I now yield to the Senator from Ohio cost complying with the regulation that, notwithstanding any other provi- as much time as he desires—7 minutes. will be $4.5 billion annually. The U.S. sions of law, the Department of Labor Mr. VOINOVICH. Mr. President, I Small Business Administration—not may issue a new rule relating to thank the Senator from Illinois for his the NFIB or the U.S. Chamber of Com- ergonomics, so long as there are af- consideration. merce, but the Federal Small Business firmative requirements and the new I might say that my remarks were Administration—has estimated the rule does three things: First, that it is not done in conjunction with Senator true cost of the regulation could be directly related to injuries that occur BREAUX from Louisiana, but they are about $60 billion per year. And other in the workplace. That is what we are similar to the points he made today. analyses puts the figure as high as $100 trying to effect. On November 14 of last year, OSHA billion annually. I do not want someone who is injured published one of the broadest, most far- Why has this rule caused so much in a water-skiing accident on Sunday reaching regulations ever put forth by controversy? Well, under this new rule, to go to work on Monday and complain that agency. OSHA and other sup- an employer would be required to im- that the back problem was generated porters of the ergonomics regulation plement a full-fledged ergonomics pro- in the workplace. If it was in the work- have indicated that implementing this gram if an employee were to report a place, fine, but if it was from some- regulation is necessary to protect the symptom—a symptom—of an musculo- thing outside the workplace, and not health and well-being of the men and skeletal disorder, as long as the symp- directly related to the injury, I ques- women of our Nation’s workforce. This tom is aggravated, but not necessarily tion whether it should be part of the would be accomplished by establishing caused by workplace tasks. process. procedures designed to lessen the inci- In other words, if an employee comes The second requirement of the legis- dence of repetitive-motion injuries and to work with a sore neck from playing lation will be that the agency respon- other musculoskeletal disorders, or sports over the weekend, and his or her sible for enforcing this new rule must MSD’s, in the workplace. work ‘‘aggravates’’ the symptom, then have some type of mechanism to cer- In my view, OSHA’s efforts to safe- an employer would have to develop a tify when an employer is in compli- guard the workplace against these whole ergonomics program. ance. Right now, one of the big con- kinds of injuries ultimately will prove This could require employers to cerns is that employers do not know more harmful than helpful to hard- change an employee’s workstation, whether they come under the rules or working men and women throughout change his or her equipment, shorten not. There should be some mechanism the Nation. In addition, this new rule shifts, hire additional employees, or to ensure that when they are in com- could actually have the unintended alter work practices. So, the employer pliance, they can get certified by the consequence of hurting the people it is is responsible for all of these changes appropriate agency that they have met designed to help. and their costs even if the symptom is the standards and should not be sub- When one takes a closer look at how caused by factors or activities that jected to any other action because they the regulation was developed last year, exist outside of the workplace. have been certified as being in compli- and at the provisions of the regulation But there is more. In responding to a ance. itself, it is not surprising to see that symptom of a muskuloskeletal dis- The final thing it does is it says sim- the Senate is poised to vote to dis- order, the employer must pay for visits ply that in issuing a new rule, the De- approve this regulation. to up to three separate health care pro- partment of Labor shall ensure that To be sure, OSHA has never finalized fessionals by the employee com- nothing in the rule expands the appli- a rule of this magnitude in just 1 year’s plaining of the symptom. However, the cation of State worker compensation time. This final regulation is over 600 rule prohibits the diagnosis from in- laws. This goes back to the question of pages in length, and its impact covers cluding any information about the con- putting in new provisions, new mone- more than 100 million employees and dition that may have been caused by tary provisions, for workers without 6.1 million businesses in the United factors or activities outside the work- having the Congress take an action in States. Even prior to its final publica- place. that regard. tion, many employers had complained In fact, an employer can’t even in- This is a new supplemental workers to me and to OSHA about the draft reg- quire about an employee’s outside risk comp program that this rule estab- ulation’s excessive length, confusing factors. That is absolutely incredible. lishes. I do not think we ought to do language, and potentially onerous I am especially concerned about the that without an act of Congress. We mandates. regulation undermining a State work- can argue whether it should be done or Despite having generated more pub- ers’ compensation systems, which is not. lic comments than any prior OSHA prohibited under the Occupational I think this legislation really an- rule in history, the Clinton administra- Safety and Health Act. For instance, if swers the question of whether we do all tion’s OSHA appointees rushed through a condition is determined to be work- of this or whether we don’t do any- the rulemaking process. There has been related, the employer must provide full

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1865 benefits and 100 percent of an employ- costs and benefits and protects the day and did this. I also came to respect ees pay for up to three months while he health and welfare of the American the danger of that job. Some of the or she is in a light-duty job, or 90 per- workforce. I believe such an approach dangers were obvious. On that line one cent of pay and full benefits while not would be the most effective solution to day a man I was standing next to working. This is known as the regula- the situation that Congress is faced passed out and was taken away; he died tion’s Work Restriction Protection with today. of a heart attack. Other people cut provision. This provision completely Passage of the resolution before the themselves with knives. Others suf- overrides the state’s right to make its Senate will give us the opportunity to fered back injuries, neck injuries, and own determinations about what con- proceed with a clean slate instead of injuries to their hands. I would see this stitutes a ‘‘work-related’’ injury and letting-stand a regulation that is bur- every single day. I came to appreciate what level of compensation injured densome, confusing and unsound. a little more than some that working workers should receive. What’s more, it I’m confident that, working with our for a living in America can be dan- establishes a federally-mandated work- new Labor Secretary, Elaine Chao, gerous unless there are people to pro- ers’ compensation system for with the Bush administration, with my tect you. In this case the protection ergonomics only. Congressional colleagues and other in- came from a labor union doing its best Ergonomics remains an uncertain terested parties, we can come up with a to make the workplace safe. science. While a recently completed better way to approach this issue. It also came from Congress and the National Academy of Science study re- Mr. President, I urge my colleagues State legislatures that were respon- veals that musculoskeletal disorders to vote in favor of this resolution of sible for a safe workplace. I came to are a problem in the workplace, much disapproval. appreciate that responsibility when I remains to be learned about the causa- The PRESIDING OFFICER. The Sen- was elected to Congress in 1982 and to tion and potential remedies associated ator from Illinois. realize that I have a burden and a chal- with repetitive-motion injuries. In Mr. DURBIN. Mr. President, I rise in lenge, as a Congressman and a Senator, fact, the National Academy of opposition to the resolution before us to make certain that the laws we pass Sciences’ study indicated that a num- related to ergonomics. are consistent with maintaining the ber of non-work related ‘‘psychosocial’’ First, about the word ‘‘ergonomics.’’ safety of the workplaces across Amer- conditions, including stress, anxiety, It sounds like a course that one inten- ica. and depression, could cause these con- tionally skipped in high school, but it My second experience, as an attorney ditions. is much more serious. It relates to a in Illinois, was on workers compensa- The tendency I see in Congress and in worker’s injury on the job, a worker’s tion claims. I have listened to some of Washington is the belief that no one injury that, unfortunately, affects in the statements made on the floor of but Washington cares about the citi- America every year a million people the Senate today. I have to shake my zens of this Nation—not the local gov- who take time away from work to head. Some of the people who are argu- ernments, not the State governments, treat and recover from these work-re- ing against this bill have literally and most definitely not the businesses. lated ergonomic injuries. never tried a workers compensation I think that is insulting. I come to this debate perhaps in a lit- case. For instance, there have been ar- It is ludicrous to think that State tle different position than some of my guments made that under this and local governments do not care, and colleagues because I come to it with ergonomics rule, it is not necessary any employer worth his or her salt is some work experience in my life that that one is injured in the workplace to going to go out of their way to create has familiarized me with this problem recover. the best working conditions for their as well as experience as an attorney Time out. One of the first premises, employees. These individuals will do representing people who have been in- when you go to a workers compensa- whatever possible to cut down the jured on the job. When I was a college tion case for someone injured on the costs associated with work-related in- student, I worked in a slaughterhouse job, is whether or not you were an em- juries and absenteeism. in East St. Louis, IL, Hunter Packing ployee. That is the first question. The As Senator KERRY from Massachu- Company. It was a great job for a col- second question is whether or not your setts said, many businesses have gone lege student because it paid pretty injury was work related. If you can’t forward with ergonomics programs. well, but it was a tough job. It was get past those two hurdles, your case is They know it is good for their employ- dirty. The hours were long. I went to it thrown out, period. ees, and they know it is good for the every day realizing I was saving Many of the employers on the other bottom line. enough money to get through school. side of these worker injury cases tried In fact, prior to the regulation’s pub- In the 12 months that I worked in to argue that the person wasn’t an em- lication, many employers had volun- that slaughterhouse, I came to under- ployee or doing an employee function tarily implemented workplace stand what it means to work on an as- at the time of the injury or, if he had ergonomics programs. These programs sembly line. It was a hog production fa- an injury, it happened someplace other are having an effect; OSHA itself has cility. The hogs that were brought for- than the workplace. reported a 22 percent decrease in ward for slaughter and processing were That is not going to be changed by ergonomics injuries in the last five on a chain. The union I belonged to, this ergonomics rule. What this rule years. But what supporters of this reg- the Meat Cutters and Butcher Workers, will do is establish a standard of care ulation are saying is, even though had negotiated a contract with the for employees across America. A mil- more and more businesses are realizing packing company. The contract said lion American employees each year that ergonomics is a good thing to do, that 1 hour’s work equals 240 hogs. lose time from work to treat or recover we need to mandate a ‘‘heavy-handed’’ During the course of a day of 8 hours, from the injuries we are discussing. set of rules on the entire Nation and we were expected to process 1,920 hogs. These injuries account for fully one- not think about the consequences of Of course, if we could speed up the line, third of all workplace injuries that are these actions. In my view, if they had, we might get off work in 6 hours. Every serious enough to keep workers off the they would not have rushed through a day we tested ourselves, or someone job—more than any other type of in- regulation that will admittedly cost did, to see how fast we could process jury. billion and billions of dollars to imple- those hogs to go home. Those who oppose this rule and will ment. The line would break down. We never vote for this resolution of disapproval Instead, Congress and the adminis- quite knew what would happen. Day are ignoring this reality. They are say- tration need to take a more careful and after day I would stand there on this ing that regardless of the injuries to balanced consideration of ergonomics line and watch these animal carcasses American workers, we should do noth- in the workplace. We should be work- come flying by as I did a routine job on ing about it, nothing. The net result of ing with all parties—American busi- every single one of them. I was one of voting for this resolution of dis- nesses, labor, and State and local gov- many employees in that facility. approval is to put an end to the debate ernments—to develop a workable I came to respect a hard day’s work, over whether we will continue to pro- ergonomics standard that considers all the men and women who got up every tect workers at America’s workplaces.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1866 CONGRESSIONAL RECORD — SENATE March 6, 2001 That is a sad commentary. It is a sad ter to OMB Director Mitch Daniels many public projects that came in ahead of commentary on this Congress—which asking him why the administration schedule and under budget. started off with all sorts of promise, an took this action. I have not received a Project labor agreements provide many economic benefits to the government owner. evenly divided Senate that would work response. PLAs eliminate any uncertainty with re- in a bipartisan fashion—that here, in This points out the mindset of this spect to the supply of and cost of labor for one of its very first actions, it has de- administration; that when it comes to the life of the project. This can generate sig- cided to remove a protection in the businesses that break the law, they are nificant cost savings and is especially impor- workplace for millions of American prepared to look the other way. Sadly, tant at the present time when there are sub- workers. this is part of the argument being stantial shortages of skilled construction The cost of these injuries is enor- workers. PLAs set standardized conditions made today. If a business decides to and predetermined wages for all crafts on the mous. Many companies come by my of- have an unsafe workplace and employ- project. This allows contractors to bid the fice and argue that they just can’t af- ees are in fact injured, it is the belief of work with labor as a constant. ford to make the changes necessary to some that it is none of the Govern- With the greater certainty of estimated make their workplace safer. We esti- ment’s business; that we should some- costs, cost overruns and change orders are mate it would cost about $50 billion a how absent ourselves from the discus- reduced, keeping final expenses closer to the year, these employers are currently sion. I believe otherwise. estimated cost of the project. Access to an immediate supply of skilled craft workers re- paying out, for people who are injured Let me tell you about a couple other sults in the likelihood that jobs will be com- in the workplace. There is no money things that have been done by the Bush pleted on schedule. In addition, PLAs are ne- being saved in an injured employee. administration in the early days. One gotiated to reflect the special needs of a par- Not only does it damage or even de- of them relates to project labor agree- ticular project, including specific hiring re- stroy the life of the worker, you lose ments. Project labor agreements are quirements for local residents and minority the productivity, skill, and experience nothing new. They have been around and female employees. since 1930. They are negotiations at the Past experience supports the use of PLAs. of that worker, and you pay for attor- Huge federal projects such as the Grand Cou- neys and for doctors and for compensa- outset of a Federal, State, or local con- lee Dam in Colorado, the Shasta Dam in tion for that injured employee. It is struction project between contractors, California, the Oak Ridge Reservation in penny wise and pound foolish for busi- subcontractors, and the unions rep- Tennessee, Cape Canaveral in Florida and ness to ignore the fact that safety in resenting the crafts that are needed on the Hanford Nuclear Test Site in Washington the workplace is profitable, profitable the project. Under a project labor State were all built under project labor not only for the business but for all the agreement, or PLA, they try to reach agreements. More recently, the PLA used on people who work there. an agreement on the terms and condi- the Boston Harbor Project is credited with helping reduce costs from $6.1B to $3.4B, with Yet the business interests that have tions of employment for the duration 20 million craft hours worked without time lined up today to defeat this have, of the project, establishing a frame- lost to strikes or lockouts. frankly, turned their back on that re- work for labor management coopera- I hope you will see the benefit of imple- ality. I am not surprised, when I look tion. menting project labor agreements in our na- at what has happened over the last sev- These project labor agreements have tion’s large construction projects. eral weeks with the new administra- been around for 70 years. They benefit Thank you for your consideration of this important issue. tion, that this attack on the protection the Federal Government and the tax- Sincerely, of workers in the workplace is coming payers because they dramatically JOHN G. ROWLAND, to us today for consideration. We have lower the cost of construction projects Governor. already had a number of decisions for these taxpayers. Mr. DURBIN. The President also, in made by the new Bush administration So what did President Bush do about the first few days he was in office, on which have been clearly against the these project labor agreements? He re- February 17, signed an Executive order best interests of working men and pealed them. Gone. With the stroke of requiring Government contractors to women. a pen, President Bush eliminated post notices stating that employees On January 31, the Bush administra- project labor agreements. He even re- cannot be required to become union tion suspended for at least 6 months ceived a letter from a Republican Gov- members in order to retain their jobs, the contractor responsibility rule. This ernor, John Rowland of Connecticut, and that those who don’t join the union was a rule finalized at the end of the urging him not to repeal it. Let me may object to paying the portion of Clinton administration and already in quote John Rowland’s position on agency fees that aren’t related to col- effect which required Government con- project labor agreements: lective bargaining. Contractors who tracting officers to take into consider- Public sector labor agreements have been fail to comply with this Executive ation a company’s record of complying in use for over seventy years and have prov- order and fail to post these notices can with the law—civil rights laws, tax en to be extremely valuable tools used by be barred from bidding on Government laws, labor laws, employment laws, en- public entities to manage large construction contracts. vironmental laws, antitrust laws, and projects. Interesting, isn’t it? The President consumer protection laws—before President Bush ignored the Governor has said if you violate environmental awarding a Federal contract. of Connecticut. He ignored 70 years of laws, civil rights laws, or employment I introduced a bill in the 106th Con- precedent. He decided that instead of laws, we will still want you to do busi- gress that would have done essentially pushing for labor-management co- ness with the Federal Government. But what this rule did. I believe if you operation for the benefit of taxpayers, if you fail to post a notice in the work- break the law with regard to someone’s he would eliminate these project labor place advising people they don’t have civil rights, if you harm the environ- agreements. to become union members to work on ment, or if you defraud the Federal Mr. President, I ask unanimous con- the job, you can be disqualified from Government, you should not be able to sent to have the letter from Governor Government contracts. compete for Federal contracts. Rowland printed in the RECORD. Another Executive order—the third It is curious to me that one of the There being no objection, the letter one—rescinds a 1994 Clinton adminis- first acts of office by President Bush was ordered to be printed in the tration order requiring building service was to literally suspend this law for 6 RECORD, as follows: contractors in Federal buildings who months. With a stroke of the pen, DEAR PRESIDENT BUSH: It is my under- have taken over work previously per- President Bush has said it is OK to de- standing you are considering issuing an Ex- formed by another contractor to offer fraud the Federal Government, to pol- ecutive Order that may impact project labor continued employment in the same lute our Nation’s streams, and then go agreements on federally financed or assisted jobs to qualified employees of the dis- on and bid for Government contracts, construction projects. Public sector project placed contractor. Typically, we are labor agreements have been in use for over to be considered a good corporate cit- seventy years and have proven to be ex- talking about low-wage workers, jani- izen when it comes to awarding con- tremely valuable tools used by public enti- tors, or cleaning crews who will now tracts that pay tax dollars. ties to manage large construction projects. lose jobs on Federal worksites when Along with my colleagues, Senators The State of Connecticut has successfully the Federal Government changes con- KENNEDY and LIEBERMAN, I sent a let- implemented project labor agreements for tractors.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1867 The list, I am afraid, goes on. The ending this workplace safety. Who has former Speaker of the House Newt message is clear for working men and endorsed this ergonomics standard? Gingrich in his glory days. It appears women: This new administration takes Former Labor Secretaries Elizabeth that the Gingrich ghost is still rattling a totally different view on protecting Dole, Robert Reich, and Alexis Her- around the U.S. Capitol because if the workers in the workplace than the man; the American Nurses Association; components of this ergonomics rule Clinton administration of the last 8 the American Academy of Orthopedic have been waived, we will with one fell years. Whether it is holding contrac- Surgeons; the National Academy of swoop put an end to this rule for per- tors of the Federal Government to the Sciences; the American Public Health petuity, or at least during the duration standard of obeying the law, whether it Association; the National Advisory of the Bush administration. is making certain that we protect low- Committee on Occupational Safety and This resolution cannot be amended or wage workers in the workplace, these Health; and many others. filibustered. A Senator can’t put a hold sorts of things are not going to be held Tom Donahue is currently the Presi- on the resolution. No more than 10 sacred nor protected by the Bush ad- dent and CEO of the U.S. Chamber of hours of debate are allowed and it ministration. Commerce. It is no surprise that he op- passes with a simple majority. You Here we come today to the floor with poses this ergonomics rule. He said in wonder where the Republicans in the this whole question about safety in the his quote that the rule is ‘‘one of a Senate and President Bush will turn workplace. This question of ergonomics flurry of onerous midnight regulations next. is one that has been debated at length. hastily enacted by the outgoing Clin- In the past, they have said they want It pains the Republicans, who by and ton administration.’’ to eliminate overtime. They think the large oppose this ergonomics rule, to I disagree with Mr. Donahue. To say 40-hour workweek is not sacred. People realize that the first Secretary of this rule just arrived on the scene at should work more than that and not be Labor to point out this national prob- the last moment is to ignore 10 years of paid overtime. They have come up with lem that needed to be solved was none history. the Team Act which basically allows other than Elizabeth Dole, the wife of I guess, beyond that, back in 1979, those who are antagonistic to orga- former Senator Robert Dole, and cer- President Jimmy Carter appointed a nized labor to organize around them. tainly a loyal Republican. She under- person at OSHA to look into these They have called for something called stood, as Secretary of Labor, that types of injuries. It has been said by paycheck protection to take away the these injuries were important enough Mr. Donahue and the Chamber of Com- power of individual members of labor to merit study by the Federal Govern- merce that the ergonomics standard is unions even to contribute to political ment in the promulgation of rules and not supported by sound science. But campaigns to support the candidates of standards to protect workers in the after thousands of studies, literally their choice. workplace. 2,000 studies, including two by the I am afraid this resolution and this But no sooner did she make this pro- highly respected National Academy of debate really tells us that working peo- posal than the business interests who Sciences, the numbers are in; the data ple in America are in for a tough time were opposed to this protection of is there. The real life stories weren’t over the next 4 years. It certainly re- workers started a crusade against just flukes. We can’t ignore the fact minds us that elections have con- them. A crusade usually resulted in de- that there is strong scientific evidence sequences, and that if a President who laying the rule going into effect or de- that certain activities in the workplace is elected has no sympathy for the manding a study to justify the rule in lead to injuries that cause pain, suf- working families; that the election of the first place. fering, and loss of work. the President can change the course These ergonomic injuries, to date, Let me also point out the Chamber of and direction of our policies in pro- have injured over 6 million workers in Commerce says the standard in this tecting workers in the workplace. America. They range from such things rule is impractical; that it applies ‘‘to It is a sad commentary that we have as carpal tunnel syndrome, which any job that requires occasional bend- forgotten how important it is that we many people have suffered from, to se- ing, reaching, pulling, pushing, and who enjoy the benefits of a great econ- vere back injuries and disorders of the gripping.’’ That is not the case. This omy must always realize that there are muscles and nerves. According to the ergonomics standard does not apply to hard-working men and women who get Bureau of Labor Statistics, ergonomic agriculture, construction, and mari- up every single day and go to work, do injuries account for 34 percent of the time industries, as well as most small a good job, and only expect the basics— injuries that caused employees to miss businesses across the country. Also, fair compensation for hard work, no ex- work in 1997. Truck drivers had the the Chamber of Commerce has grossly ploitation in the workplace, and a safe highest median days—10—away from exaggerated the cost of compliance place to work. work. Electricians, plumbers, pipe- with this ergonomics standard, saying The Republicans on the floor—a few fitters, and transportation attendants, it could cost as much as $886 billion Democrats will join them—have forgot- each had 8 days. over 10 years. ten the third one, the requirement for Women are disproportionately af- This is not the first time the Cham- safety in the workplace. For them, fected by ergonomic injuries. In 1997, ber has inflated the cost of a Federal these are faceless people who are just women made up 46 percent of the work- standard to protect workers in an ef- statistics. They are ‘‘business costs’’ to force and accounted for 33 percent of fort to defeat it. be borne. I think it is much more. It is workplace injuries. Yet they accounted It appears today they may have the a question of whether, in fact, we value for 63 percent of repetitive motion in- votes to get the job done based on dubi- labor. juries that resulted in lost time. ous statistics. The real average cost for In my own home State of Illinois and Eighty-six percent of the increase in an employer to change the workplace some of the cases I am aware of we injuries due to repetitive motion are to make it ergonomically correct and have had workers—mothers, for exam- borne by women; 78 percent of the total safe is $150. A single injury claim by a ple, with small children—who worked increase in tendinitis cases were suf- disabled or injured employee can be ap- for a company for many years, lifting fered by women. proximately $22,000. Penny wise or things from one place to the other, dif- I have one example, the nursing pro- pound foolish? Will we protect workers ferent sizes and weights of boxes, in- fession, a profession in which we are by sending them home safe and healthy cluding Madeleine Sherod of Rockford, having a difficult time filling vacan- at the end of the day by making a IL. At Valspar Corporation, which cies, which alone accounted for 12 per- slight change in the workplace or will makes paint, she was lifting cartons of cent of all of these types of injuries re- we invite injury and say we will pay paint back and forth with a weight of ported in 1997. the lawyers and the doctors and let the 20 to 90 pounds each. She performed It is estimated that 25 to 50 percent workers’ lives be forgotten. this job for at least 13 years. Her first of the workforce are Hispanic and Afri- This Congressional Review Act, injury occurred about 15 years ago, and can American workers. So minority which brings us here today, was one of she was diagnosed with carpal tunnel workers will be particularly disadvan- the vestiges of the so-called Contract syndrome. She had surgery to relieve taged by the passage of this resolution ‘‘on’’ America that was promulgated by the pain.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1868 CONGRESSIONAL RECORD — SENATE March 6, 2001 As a mother of five, her ability to stalled, had no workers compensation wrong way we represent the people of perform the normal tasks as a parent claims reported. Installation of the this Nation. This particular rule is were hindered. She was unable to comb panel can now be performed by two em- being objected to by so many in Con- her daughter’s hair, wash dishes, sweep ployees instead of five or six. gress not over whether it is basically floors, and other day-to-day tasks A pharmaceutical operation changed bad or basically good. It is because of working moms must perform. their work processes and found out by the way it was done. A few years after working there, she 1994 that lost time accidents had de- The Labor Department put out a rule had another injury and was diagnosed creased from 66 to 4, and recordable in- for comment. We remember that rule. with tendonitis and had tendon release juries decreased from 156 to 60. Workers But when the rule was finally put in surgery. And even today, she wears a compensation losses decreased tenfold. and after the comments were received, wrist brace to strengthen her wrist. A safe workplace is a good investment. after all that was done, what went into Being extra cautious is part of her ev- It is not only the moral thing to do; it the Federal Register was a bill or rules eryday life. is an economically smart thing to do. and regulations of a different order. She recently found a lump on her left The President, with his Executive or- It was written by unelected Federal wrist and is preparing for a third sur- ders, and the efforts by my Republican employees who were accountable to no gery. colleague here to eliminate this one. Everybody says it is 10 years of The reason I raise this is that the ergonomics rule, basically try to turn work, and 9 weeks of taking comment, workers at Valspar, and at companies their backs on this reality. and then on to the Federal Register. across America, deserve protection in I will vote against this resolution. I The problem is there are 600 pages the workplace. feel I have an obligation to the men issued on a rule that probably will in Another business very near Rockford, and women working in my State to some way or other be amended to take IL, in the town of Belvedere, is an as- make sure their workplace is safe, that care of ergonomics in the workplace. sembly plant for the Neon automobile they come home from that workplace My State of Montana just came out owned by DaimlerChrysler. I visited after a hard day’s work well com- of an era of 15 years of a workers com- that plant several years ago. I was im- pensated and well regarded. I don’t be- pensation fund that was under attack. pressed with all the robots, shiny cars, lieve employees in this country are dis- It was costing the citizens of Mon- and the good work ethic in the plant. I posable items. These are real live men tana an unreasonable amount of money came back a few years later and was and women trying to raise families and because of lump sum settlements. impressed even more to find they had make this a great nation. For us to ig- Eight years ago, a new Governor took changed the workplace to make it easi- nore that on the floor of the Senate over and did some things to make it er so workers would not have to bend and to repeal this ergonomics rule is to right, to make it affordable. down to pick up a fender for construc- turn our backs on worker safety. It I was a county commissioner. We had tion of a car, and they would not have may be the first time in the history of a nursing home that was under the au- to jump into an automobile on the as- this country since the days of Franklin thority of the commissioners of Yel- sembly line and try to wrestle an in- Roosevelt we have decided to take a lowstone County, MT. There is no strument panel in place. Things had step backward in protecting the men doubt about it, keeping employees, and changed in the workplace. A few simple and women who go to work every day. especially nurses and those skilled peo- machines resulted in a much easier If you value work, you should value ple it takes to take care of our elderly, workday for the men and women who workers. If you believe a safe work- was tough to manage. It was a hard job work there. place is a good standard in a country as but also very expensive as far as the I salute DaimlerChrysler and other good as America, you should vote operators of that facility are con- such companies that have made against this resolution. cerned, for the simple reason workers changes in the workplace that are in I yield the floor. compensation rates were just going their best interests, too. Healthy, pro- The PRESIDING OFFICER. The Sen- through the roof. We finally got that ductive employees are the best thing a ator from Wyoming. under control, and now it is operating company can have. To ignore that re- Mr. BURNS. Mr. President, I have where employees and employers are ality, as was the case with Valspar, is been listening to this debate most of satisfied with the workers comp fund to invite injury and pain for the work- the afternoon. I have heard three or in the State of Montana. ers, less productivity, more cost for four of the speeches on the floor this Basically, this rule and this regula- medical bills and for worker compensa- afternoon and listened to those who op- tion on ergonomics nationalizes work- tion claims. pose what we are doing with this rule, ers compensation. It overrides States Perhaps the Republicans who are op- as if they are the only ones who rights and the funds that are found in posing this work safety rule don’t real- worked in their lives. those States. In fact, an employee, ize it, but they are increasing the costs When I was a young lad on the farm, even one hurt off the job if the job con- of business. They are making workers’ I would have loved to have had this tributes to the pain of that injury, injuries a compensable charge against rule that says you can only lift 25 could be almost a double dipper. The any visit that will cost them in terms pounds 25 times a day. I would get my rule is very vague. And of course it of how much they have to spend to be hay work done pretty quickly. Those takes an attorney to figure it all out. successful. bails weighed 75 pounds, and if I only So we could have a field day here. I salute not only DaimlerChrysler had to move 25 of them a day and the No employer wants to permit an em- but also Caterpillar Tractor, the larg- day was ended, you were done, I would ployee to work in an unsafe place or est manufacturer in my State, which have gone for this in a big way. under unsafe conditions. It doesn’t from 1986 to 1989 started noticing a I pay special recognition to my friend make a lot of sense for an employer to high incidence of back injuries. They from Wyoming, Mr. ENZI. His work on train an employee, make him a valu- went into their plants at a worker the Small Business Committee and his able part of that company or corpora- training program, made changes in the work in this issue has been stellar. tion or that team, and then allow him height of worktables and fixtures and Ergonomics and this rule caught the or her to work in a workplace where eliminated excessive employee bending scrutiny of a lot of folks who serve in ergonomics would limit the employ- and twisting. New tool designs were this Congress. It would have gone on ment life of that employee. It does not put in place, new materials to reduce had it not been for one thing: the dis- make sense at all. That is not good lifting and repetitive motions. As a re- ingenuous approach by the previous ad- management, and I think American sult of that decision and that effort by ministration to put this rule into corporations understand that. Caterpillar Tractor in 1990, the inci- place. So I rise today in support of the en- dence of back injuries decreased by 27 These rules and regulations are being forcement of this particular law, espe- percent. enforced and were put in place by Pres- cially one that was put in place in 1995 DaimlerChrysler, as I mentioned ear- idential fiat, not by legislation passed and supported by all. Those who sup- lier, over a 3-year period during which by a national Congress. In the principle port the law will tell everybody, but one million instrument panels were in- of self-government, this is exactly the they will not support the enforcement.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1869 That doesn’t make a lot of sense to me It is not elected officials. It is those hits the women of America the hardest, either. who are appointed. We have heard that and because they are the ones who are I think on this particular issue it is same speech eight times today. We doing the kind of jobs that are most af- time for those who supported the ad- heard eight times how these officials at fected by repetitive motion injuries. ministration, which did the majority of OSHA are not elected. I hope we can That is what the Congressional Re- its work by rule and fiat, to do their come, as we are going into the final view Act would do. It would affect the work and write a rule on ergonomics hours, to have a different view. women of this country. The Congres- that makes sense, so I support S.J. Res. I see my friend from Iowa on the sional Review Act resolution is an ex- 6. floor. I yield the floor. treme measure that has never been I yield the floor. Mr. HARKIN. Mr. President, I add to used before. It passed in 1996. We all The PRESIDING OFFICER. The Sen- what the Senator from Massachusetts know what the congressional intent ator from Massachusetts. just said, how about the U.S. Depart- was, which was to repeal rules that Mr. KENNEDY. Mr. President, the ment of Agriculture, the Food Safety were either hastily issued without sci- Senator from Iowa is going to be here and Inspection Service that inspects all entific basis, or that clearly over- shortly to be recognized. We had two our meat plants and processing plants? reached an agency’s mandate. That was Senators from that side go on. I would These are not elected either, but we the intent of it. like to take maybe 4 minutes, and then trust them to maintain a safe and The ergonomics rule doesn’t fit into by that time the Senator from Iowa wholesome food supply in America. either category. It is based on hundreds will be here to make his comments. I have been working on this of scientifically backed studies, includ- The PRESIDING OFFICER. Without ergonomics rule in the appropriations ing two major studies by the National objection, it is so ordered. process since Elizabeth Dole first ad- Academy of Sciences. In fact, our Re- Mr. KENNEDY. Mr. President, there dressed the issue 10 years ago. One of publican friends—the opponents of this have been a great many statements the reasons I worked on it is that I rule—kept calling for more studies of that, when this rule was promulgated, have seen it firsthand. I have seen peo- ergonomics and these repetitive stress it didn’t take into consideration any of ple I know, close friends of mine, who disorders. What did we do? We author- the points that were being raised by have suffered these kinds of injuries ized another National Academy of business. That, of course, is completely because of the kind of work they do. I Sciences study in 1997. Then the Repub- hogwash. We know there is an remember what the former Republican licans wanted to delay the rule until ergonomics crisis in the country. Most Labor Secretary said when she first or- the study came out. The study came of the time, the ergonomics rules dered the ergonomics studies. She said out in January. Once again, the Na- would go into effect in order to try to repetitive strain injuries are ‘‘one of tional Academy of Sciences found that protect workers; right? Not these rules the nation’s most debilitating across- there was scientific evidence that and regulations though. Even though the-board worker safety and health ill- workplace exposures cause MSDs, and the employer need not act under the nesses of the 1990s.’’ that the kinds of measures required by rule until there is, first of all, an in- She was right. We have study after the OSHA’s mandate are the most ef- jury. An injury has to trigger it. That study that shows 1.8 million of Amer- fective means to prevent these injuries. is a major difference, and that was a ica’s workers suffer from repetitive This rule falls under OSHA’s mandate tip in terms of business. strain disorders each year; 600,000 of to protect America’s workers from What was the second tip in terms of them suffer from injuries so serious workplace injuries. business? The second tip in terms of they lose time from work. These inju- We always want to have studies done. business is, who makes a judgment ries drain $45 billion to $50 billion a Usually I hear my Republican friends whether the injury is work related? Is year in human and economic costs. say we can’t do this or that until we it the employee? No, it is the employer. Some employers have ergonomics have a good scientific basis. That is The employer makes the judgment programs in place because they are fine. I think we should have a good sci- whether the injury is work related. good employers and they are smart. entific basis for what we do. Here we Who makes a judgment, once we find They know what the bottom line is. have the scientific study. We have hun- out there is an injury, and it is a result They know ergonomics is a good busi- dreds of scientific studies that have of ergonomics, and it is work related, ness practice. But 60 percent of all gen- found the same thing. Now—with this about whether that particular indi- eral industry employees work in places measure—they’re saying the studies vidual is going to continue to be em- that have not yet addressed don’t matter. ployed or whether their work will be ergonomics risk factors. I don’t understand why we’re even shifted in a way so they do not suffer Who are those workers? They are using this extreme measure that we continued, ongoing additional injury? cashiers, nurses, nursing home attend- have before us when opponents of Is it the employee? No, it is the med- ants, cleaning staff, assembly workers ergonomics have two other avenues ical officials of the employer. in manufacturing and processing they can use to modify or even repeal My goodness, you could not ask for plants, computer users using keyboards the rule. They could request this ad- an ethic or rule that bent over further on a daily basis, clerical staff, truck ministration—the Bush administration to take into consideration the interests drivers, meat cutters—these are the —to review the rule to modify or even of the employer. We don’t hear any dis- people who are affected. Nearly a third repeal it. Of course, they also have the cussion on the floor of the Senate of of all serious job-related injuries are court system. They have already filed the particulars of the rule. All we hear musculoskeletal disorders, and women 31 petitions contesting the rule in the is, ‘‘We are not going to cede the power workers are the hardest hit. Women U.S. Circuit Court in Washington, DC. of elected officials to bureaucrats.’’ We make up 46 percent of the workforce, Mr. REID. Mr. President, could I ask do it every day. We do it every day in but in 1998 they accounted for 64 per- the Senator from Iowa to withhold for the Food and Drug Administration cent of repetitive motion injuries and the purpose of a unanimous consent re- that has requirements to make sure 71 percent of those reported carpal tun- quest. pharmaceutical drugs are going to be nel syndrome cases. So voting to repeal Mr. HARKIN. Yes. I would be glad to safe and efficacious. If they are not the ergonomics rules means turning withhold. safe and efficacious, they are not ap- our backs on America’s working Mr. REID. I have been told by the proved, they don’t get the approval of women who are trying to provide for Senator’s staff that he may have 4 or 5 the regulators. their families. Wiping this rule out minutes more. Is that right? When was the last time we elected a with no amendments and with limited Mr. HARKIN. Not more than that. chair of the FDA? We do not do it. debate is a blow to the working women Mr. ENZI. Mr. President, I thank the They are appointed by the President. of America. Senator from Iowa. We confirm them, but they are not This bill before us, this measure we Mr. President, I ask unanimous con- elected officials. have before us that we are about to sent that the vote occur today on adop- Who looks out after health and safe- vote on today—make no mistake about tion of S.J. Res. 6 at 8:15 p.m., and that ty in other inspections that take place? it—is an anti-women bill, because it paragraph 4 of rule XII be waived, and

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1870 CONGRESSIONAL RECORD — SENATE March 6, 2001 the time between now and then be di- tion workers will wear hard hats, we the Senate with an effective ‘‘trophy’’ vided as follows: Senator KENNEDY or would have opponents ready to repeal for the Chamber of Commerce on this. his designee in control of 80 minutes; it. Can the Senator express his own view Senator NICKLES or his designee in con- No one would think of going on a about this dilemma we are in? trol of 40 minutes. construction site without wearing a Mr. HARKIN. I think what the Sen- Mr. REID. I ask it be 80 minutes plus hard hat, least of all the workers, be- ator has said is absolutely correct. the Senator from Iowa being able to cause both the industry and the labor- That approach makes too much sense. complete his statement because we in- ers know how much it has done to save For example, it does seem to me that if terrupted him. It would be a couple lives, save injuries. And, yes, save we are rational, reasonable, human more minutes. But it would be close. money. beings, and that we do want to work in The PRESIDING OFFICER. Without This is the same with ergonomics. a bipartisan fashion, which is the only objection, it is so ordered. Talk about shortsightedness. This is way we are really going to be able to The Senator from Iowa. something that will save lives and save accomplish anything this year—except Mr. HARKIN. Mr. President, I wonder human suffering. It will prevent inju- something such as this, which is why we are jumping the gun with this ries, cost us less money, be good for rammed through on account of a fast- resolution when there are already business, good for America, and espe- track procedure—if we truly want to other avenues open to repeal a rule cially good for our working women. work in a bipartisan fashion, then we which took a decade in the making. I guess the railroad train is on the ought to be talking about, if there are Why are we using a measure that track. They are riding the horse. As I problems some people have in the would in a sense prevent any similar understand it, they have the votes to ergonomics rule, well, then, the log- rule from even being issued unless Con- repeal it. But I say it is a dark day for ical, reasonable, responsible way would gress mandated it? It is an extreme the working people of America, and es- be, as Senator KENNEDY has said, to let measure. We should oppose it. It vio- pecially a dark day for the working the administration propose some modi- lates the original intent of the CRA. It women in America who are going to fications that would be published in violates the spirit of how we do busi- continue to suffer in the workplace the the Register. ness in the Senate with amendments kind of injuries that will cause them a There would be a 60- or 90-day—I for- and timely debate. lifetime of suffering and a lifetime of get which it is—hearing period in The eight-page ergonomics rule is not being able to fully use their abili- which outside interests could come in complaint based and flexible according ties in the workplace. and testify as to whether they thought to each workplace and job. It will save Mr. KENNEDY. Mr. President, will that part of the rule was bad or good or employers billions of dollars every year the Senator yield for a question? should be modified. At the end of that by preventing the debilitating injuries Mr. HARKIN. I am delighted to yield hearing process, the administration to their workers. to my chairman. could then propose changing that, As has been said, this is a preventive Mr. KENNEDY. Could the Senator re- modifying that, to meet the objections measure. What is wrong with preven- view for the membership again why some people may have. tion? We ought to be more involved in this has to be all or nothing? As I un- That seems to me to be the respon- both preventing illnesses and in pre- derstand the current situation, all the sible way to proceed, not this kind of venting injuries. But no. President would have to do, if he want- fast-track Congressional Review Act I understand the votes are on that ed to change the rule, is file in the Fed- that we have on the floor of the Senate side of the aisle, plus a few on this side, eral Register and wait 60 days. There today whereby we have 10 hours of de- I understand, to overturn this. So what would be notice that there were going bate with no chance of amendment. we will do is continue to spend billions to be changes in the rule and the proc- Maybe there are some reasonable and billions of dollars every year ess would move forward with public modifications that might be made to patching, fixing, and mending; spend- comment and the administrative prac- the ergonomics rule. Maybe there are. I ing billions of dollars in workers com- tices and procedures would move do not know every little item in the pensation, spending billions of dollars ahead. There could be adjustment and rule. I do not pretend to know every in Medicaid and perhaps Medicare later changes, and OSHA could take account little item in the rule. Maybe there are on to take care of people who have suf- of the 9 years of rulemaking, the study some. But if there are, this is not the fered musculoskeletal disorders, carpal by the National Academy of Sciences, way to proceed—to just say: its all or tunnel syndrome, and repetitive mo- the months of hearings, and the sci- nothing. Let’s just throw it out the tion disorders. entific reports that have been accumu- window—after more than 10 years of We are penny wise and pound foolish lated. Why not follow that route in a work. around this place. sense of bipartisanship? When these kinds of things happen on Again, if businesses think this is on- Is the Senator not troubled, as I am, the Senate floor, and in the Congress, I erous—and I have looked at the rule with this take-it-or- leave-it attitude? can begin to understand more and more and it is not—we are going to have a We thought we were going to have a bi- why the American people are losing big tax bill coming through here. partisan effort in order to work faith in us, why they do not think we Why don’t we provide businesses tax through some of our differences. The really pay attention to them and their relief if they have to comply with this, Senator is a member of our education needs, why they believe we may be out if they can show it costs money? I committee. We are working in a bipar- of touch with the common people of would be in favor of giving them what- tisan way. America. Because I think the average ever tax writeoff they need to comply He was there early this morning at 9 American would understand that there with the ergonomics rule because again o’clock, talking with the representa- is a reasonable, responsible way of ap- it would be money better spent than tives from the White House on these proaching this. And what we are doing trying to patch, fix, and mend lives issues. here today is unreasonable, irrespon- later on, not to mention the human Mr. HARKIN. Right. sible, illogical, and harmful—harmful suffering that comes along with this. Mr. KENNEDY. We were trying to to perhaps some of the least powerful This is an unwise move we are mak- work out, on the Patients’ Bill of people in this country. ing in the Senate. I have been listening Rights, a bipartisan effort. Now, when Is this rule going to affect Members to the debate off and on during the day. it comes to protecting workers, we of the Senate or the House? No. It will Of course, I followed some of the re- have to take it or leave it—no effort to not affect our staffs. It is not going to ports in the media about this. I got to accommodate, no effort to com- affect people of higher income. Let’s thinking to myself that if OSHA issued promise, no effort in the area that has face it, most of the people who suffer a rule today that mandated that work- been identified as the most dangerous from these injuries are some of the ers in the construction industry had to for workers in this country from a lowest paid people in America. They wear hard hats, it would never get health and safety point of view. And are the people who are working in our through the floor of the Senate. If they they say: ‘‘Just take it or leave it.’’ meatpacking industries, our poultry issued the rule to say that construc- Ten hours of debate, and we go out of plants, who are making low wages,

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1871 working at tough jobs. They are our Mr. President, I first ask unanimous They had hearings, they had pro- cashiers and our clerks and our key- consent that an editorial of November posed regulations, and all of a sudden board operators, our cleaning women— 21, 2000—that was a Tuesday—in the they drew up a new set as they walked the people who clean the buildings at largest paper in New Mexico, the Albu- out the door that has a dramatic im- night, our janitors. They are our nurs- querque Journal, be printed in the pact on every single small business in ing home people. These are some of the RECORD. my State, hundreds and hundreds of lowest paid and some of the hardest There being no objection, the edi- them, perhaps a few hundred million working people in America. This is who torial was ordered to be printed in the dollars’ worth of impact on them. And it affects. RECORD, as follows: they had no hearings in Congress, no That is why we should not support [From the Albuquerque Journal, Nov. 21, statutory proposal to change the law this resolution to repeal the rule. That 2000] that is changed by these regulations. is why we should proceed in a respon- OSHA DETERMINED TO RUSH RULES INTO And all of a sudden, they wake up and sible, reasoned manner. Let the Presi- EFFECT they are supposed to be subject to dent suggest some modifications, have Employers are sweeping the corners for these regulations through OSHA, a de- the hearing process, and move ahead workers in a tight labor market and striving to increase productivity levels that already partment of our Federal Government that way. What we are doing here are the envy of the world. that at least in the last 8 years has today is unreasonable and should not Does this sound like the sort of business been seen by most small businesspeople be done. climate in which employers would ignore in the United States as against their I yield the floor. ergonomic problems that sap productivity or interests without doing any good for Several Senators addressed the create hard-to-fill vacancies? the public. That is how they see OSHA Chair. The U.S. Department of Labor, which still subscribes to an antique notion of prole- most of the time. The PRESIDING OFFICER. The Sen- tariat oppressed by capitalists, seems emi- So having said that, I want to say ator from Wyoming. nently capable of disregarding the present that what we are doing now, under this Mr. ENZI. Mr. President, I yield 5 reality even as it acknowledges it. very interesting statute—that got minutes to the Senator from New Mex- Charles N. Jeffress, head of Labor’s Occu- passed up here because I do not think pational Safety and Health Administration, ico. those on the other side of the aisle Mr. KENNEDY. I thought I was next. says companies in the United States and abroad have developed policies on thought we would ever be to a point Parliamentary inquiry. where we would use it and have a Will the Senator yield for a par- ergonomics that have reduced injuries caused by repetitive tasks. President in the White House who liamentary inquiry? Of course they have and done so without would sign the resolution we adopted— Mr. ENZI. Yes, if it counts against being hammered by OSHA because it makes I think they thought it is just a give- your time. good business sense. Such injuries cost em- away, just a throwaway; that is, this Mr. KENNEDY. We have tried to ac- ployers in terms of lost productivity, lost ex- legislation providing for review in Con- commodate a timeframe here for this perience and training when workers leave a gress, and the submission to the Presi- for other Members. The other side has job, and higher worker’s compensation ex- penses. dent, of a rule that would set aside the used 40 minutes longer than we have. But companies figuring out what works regulations. My understanding is that the 80 and 40 best in their particular operation is not good minutes were going to be at the end of enough for OSHA, which is preparing to I think it is a reality check. I think Senator HARKIN’s statement. That is throw a one-size-fits-all regulatory blanket it is saying to OSHA, and the former what I agreed to. Now I am told by the over workplaces from sea to shining sea. And President, and the Department of Parliamentarian that the latter part of not to be outdone by private-sector produc- Labor: Take some more time. We want his statement is all being taken out of tivity doing it just as fast as is bureau- the job done right. We do not want it cratically possible over the objections of one-sided. We want it fair. my time because it is in response to a elected members of the legislative branch. question. Last winter, congressional leaders like Frankly, in the typical bureaucratic I had a limited amount of time left. Sen. Pete Domenici, R–N.M., had to fight to fashion that so much besets OSHA, I have been here all day, and I am quite get businesses time to review the proposals they issued this rule on November 14— prepared to accommodate those who and submit public comment that supposedly 600 pages long, weighing more than 2 want to set the time, but I object is taken into consideration by OSHA in the pounds. That is not a very typical doc- final drafting of rules. ument that small businesspeople have strenuously to that interpretation. The controversial prescription for U.S. in- I would like to just renew the request dustry was pivotal in the pre-election pos- the opportunity, the time, or the re- that has been made by the Senator turing over the spending bill covering labor, sources to evaluate. But you can count from Wyoming that we have the 80- and education and health. Although that pack- on it, they will be in some major class 40-minute allocation that was meant age awaits post-election action by Congress, action lawsuits, or who knows what earlier. OSHA plans to hustle the new rules into ef- else the trial lawyers will find as a nest The PRESIDING OFFICER. Is there fect Jan. 16. That’s before the National Acad- egg within the 600 pages of this regula- an objection? emy of Sciences completes a workplace tion. ergonomics study less likely to be biased by Mr. ENZI. We talked about doing ideology or constituency loyalties. It is also Having said that, I will read a few that as of 6:15, which would have made just days before a new administration that paragraphs from an editorial in the Al- the vote at 8:15, which is what the hot- might have a different perspective takes the buquerque Journal. It is considered a line has gone out for. How about on reins of office. Must be a coincidence. fair newspaper and this is what they that 10 minutes used, if each of us put Mr. DOMENICI. Mr. President, I said in their editorial: up half of it and we still have the vote think the Senator from the State of at 8:15? Employers are sweeping the corners for Iowa has it all wrong when he cites workers in a tight labor market and striving Mr. KENNEDY. Fine. this as one of the reasons the American to increase productivity levels that already The PRESIDING OFFICER. Without people are discouraged with what we do are the envy of the world. Does this sound objection, it is so ordered. here—that if they watch this process, like the sort of business climate in which Mr. ENZI. Mr. President, I yield 5 they will be discouraged. Quite to the employers would ignore ergonomic problems minutes to the Senator from New Mex- contrary, if the American people knew that sap productivity or create hard-to-fill ico. what was going on in this set of regula- vacancies? The PRESIDING OFFICER. The Sen- tions 600 pages long, issued just before A very good question in this edi- ator from New Mexico. the President walked out of the White torial. Mr. DOMENICI. Mr. President, I was House, dramatically affecting thou- The PRESIDING OFFICER. The Sen- not part of that discussion. I have not sands upon thousands of small busi- ator’s time has expired. used a lot of time. I have some strong nessmen, who do not have the where- feelings on this subject, but clearly I withal to even look at these 600 pages’ Mr. ENZI. I yield the Senator 2 more have not been here on the floor because worth of regulations, they would ask: minutes. there has been a great debating team What was going on in the White House Mr. DOMENICI. Continuing from the on both sides. that just left? editorial:

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1872 CONGRESSIONAL RECORD — SENATE March 6, 2001 The U.S. Department of Labor, which still disapproval, described under section 802, of than 48,000 workers had serious injuries subscribes to an antique notion of a prole- the rule. (2) A rule that does not take effect from ergonomic hazards in the work- tariat oppressed by capitalists, seems emi- under paragraph (1) may not be reissued in place, and that was only the number of nently capable of disregarding the present substantially the same form, and a new rule private sector employees. There were reality even as it acknowledges it. . . . that is substantially the same as such a rule [OSHA] says companies in the United may not be issued, unless the reissued or new an additional 18,444 public sector work- States and abroad have developed policies on rule is specifically authorized by a law en- ers who had injuries serious enough for ergonomics . . . acted after the date of the joint resolution them to lose time from work. Here we But companies figuring out what works disapproving the original rule. are, in this—thank God—productive best in their particular operation is not good This is not a review. This is a killing. 21st century, we are trying to find ways enough for OSHA, which is preparing to to make workers more productive. We throw a one-size-fits-all regulatory blanket If the opponents of the resolution over workplaces from sea to shining sea. wanted a review, they could, as the have millions of person days lost in terms of working because of ergonomic That is the relevant part of their edi- Senator from Massachusetts said a few injuries, and we shy away from dealing torial. It had some more in it that is in minutes ago, in questioning the Sen- ator from Iowa, call on the Secretary with the problem. the RECORD. I suggest, in addition to Speaking of workers compensation, what I have just described about the of the Department of Labor and re- quest a review under the Administra- opponents of ergonomics claim this regulation, it is very expensive. We new standard will supersede workers seem to pass these kinds of rules and tive Procedures Act. That would mean that ergonomics would still breathe compensation law. Not according to regulations thinking there is no end to the attorney general of my State. Eliot what the American economy can pay, life. That would mean that we might modify certain provisions of which we Spitzer has joined with 16 other attor- whether it is $4 billion or $200 billion or neys general to file comments with $500 billion or $100 billion. The Amer- might not approve. It would not end it. The truth is, some of my colleagues OSHA saying the new ergonomic stand- ican economy will just hum along and are hoping that 10 hours of debate and ards will not affect or supersede the continue paying. Frankly, I think we one 15-minute rollcall will abolish over worker compensation laws in their will see tonight that those who rep- 20 years of research and nearly $1.5 mil- States. If we allow this resolution to resent the people, in particular, small lion of taxpayer money to fund con- pass, all we will really have accom- businesses, are going to say that is not gressionally mandated studies on plished is saddling American workers, true. Enough is enough. I hope we use ergonomics. American businesses, American citi- this new law tonight and then I hope I have heard the arguments my col- zens with a huge burden: the cost of the Department of Labor and those in- leagues have made this afternoon. lost wages and productivity for hun- terested in ergonomics regulations will First, that we need more study of dreds of thousands of individuals who proceed with due caution to adopt a ergonomics. Ergonomics is not a new report work-related MSDs each year. more fair and better set of regulations issue. Between the Government and the Change is never easy. It is always that will protect everybody, not just private sector, there have been over 20 simple to get up there and say: Let it those who want to make onerous regu- years of research aimed to better un- continue as it is. Yes, there are some lations. derstand worker injury and workplace businesses that are doing this work The PRESIDING OFFICER. The Sen- safety. It is 2001, and I am hearing my now. Most are not, to the detriment ator from Massachusetts. Mr. KENNEDY. I yield 10 minutes to colleagues on the other side of the aisle not only of themselves but to the det- the Senator from New York. say these regulations are premature. riment of America. Change is difficult, The PRESIDING OFFICER. The Sen- But in 1990, then-Secretary of Labor but if we didn’t change, we would not ator from New York is recognized. Elizabeth Dole directed the Depart- be the leading economy and the leading Mr. SCHUMER. I thank our leader on ment of Labor to examine the repet- country of the world. this and so many other issues, the Sen- itive stress injury category of occupa- Modify? Why not. Eliminate, put a ator from Massachusetts, for yielding tional illnesses, which statistics dagger through the heart of the time to me. showed were the fastest growing type ergonomics after 20 years of study? We I rise today to join my colleagues, of worker injury. shouldn’t do that. Senators KENNEDY, DURBIN, That was back in 1990. They were I hope my colleagues will oppose this WELLSTONE, and HARKIN, and so many then the fastest growing type of injury ergonomics standard, will reconsider others, to state my opposition to S.J. because of changes in the workplace. their position, and not undo 20 years of Res. 6, which uses a novelty, the Con- In the 1980s, 20 years ago, there were effort to help safeguard the health and gressional Review Act, to halt the De- articles and studies in medical journals safety of American workers, which is partment of Labor’s final rule on that addressed ergonomics. The New undoubtedly our most precious re- ergonomics. York Times ran an article on Sep- source. S.J. Res. 6 states: tember 4, 1985, which discussed the I yield the remainder of my time. Resolved by the Senate and the House of widespread growth of carpal tunnel Mr. KENNEDY. Mr. President, I yield Representatives of the United States of syndrome and repetitive stress injury. 7 minutes to the Senator from Hawaii. America in Congress assembled, That Con- New? These are not new. In fact, busi- The PRESIDING OFFICER. The Sen- gress disapproves the rule submitted by the nesses from my State came in my of- ator from Hawaii is recognized. Department of Labor relating to ergonomics fice last week and explained to me they Mr. AKAKA. Mr. President, on No- and such rule shall have no force or effect. began studying repetitive stress injury vember 14, 2000, the Occupational Safe- Not compromise, not just one size as early as 1979, 21 years ago. ty and Health Administration (OSHA) should not fit all, but no effect, no In truth, to many who work, who suf- issued its final ergonomics program rule. Many of my colleagues have come fer these injuries, the final ergonomics standard. This program will spare to the Chamber and spoken about how rule has come too late. This standard 460,000 workers from painful injuries this CRA resolution is not aimed to could have been implemented many and save approximately $9.1 billion kill the ergonomics rule; rather, it years ago and helped hundreds of thou- each year. This new standard took ef- pulls the rule to allow for additional sands of workers if it were not for the fect on January 16, 2001, and will be time to further study the issue. Maybe numerous attempts by Congress to halt phased-in over four years. my friends who have made that point Department of Labor action on this While OSHA has issued its final haven’t carefully read the congres- issue. ergonomics program standard and this sional review of agency rulemaking, Opponents also argue it will cost em- new standard has taken effect, some of title 5, chapter 8 of the United States ployers $100 billion a year. Not true. my colleagues are still trying to elimi- Code, or perhaps they hope we haven’t. OSHA estimates the cost at $4.5 billion nate this rule. They may claim that it Let me take this opportunity to read it and predicts savings to employers of $9 is unwise to issue such a standard be- aloud for everybody now. Section 801(b) billion a year in productivity loss and cause it is based on unsound science states: workers compensation. and has been rushed through the regu- (1) A rule shall not take effect or continue The Bureau of Labor Statistics in my latory process. Nothing could be fur- if the Congress enacts a joint resolution of State of New York reported that more ther from the truth.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1873 Mr. President, I am here today to re- Mr. ENZI. Mr. President, I yield 2 Congressional Review Act. This was mind my colleagues that OSHA worked minutes to the Senator from Okla- put together back in 1996 at a time on developing ergonomic standards for homa. when we decided that maybe it was over 10 years. It is not something new. The PRESIDING OFFICER. The Sen- time for Congress to get a handle on It has been around since world War II, ator from Oklahoma is recognized. the bureaucracy and time that we had where the designers of our small plane Mr. INHOFE. Mr. President, I wanted a successful trial of this CRA, and I ask cockpits took into consideration the more time, but I think almost every- you to support it. placement of cockpit controls for our thing has been said, except only in The PRESIDING OFFICER. The Sen- pilots. Washington can we have the opinion ator from Massachusetts. We, in Congress, must not forget our that no good decision is made unless it Mr. KENNEDY. Mr. President, I yield commitment to America’s workers. We is made in Washington, DC. We had a myself 5 minutes. We have heard a must reduce the numbers of injuries news conference some time ago—in Oc- good deal of rhetoric on the part of suffered by our workers. We cannot tober—about what the regulations cost those who have opposed this regula- continue to look the other way when the American people. The average fam- tion. each year more than 600,000 workers ily of four right now pays $6,800 a year We have heard that the rule is 600 suffer serious injuries, such as back in- just for these regulations. pages long. This is eight pages. It can juries, carpal tunnel syndrome, and In the Clinton administration, the be found in the November 14, 2000 Fed- tendinitis, as a result of ergonomic average number of pages of regulations eral Register starting at page 68846. hazards. In 1999, in the State of Hawaii, per day in the Federal Register was 319. Mr. President, in reviewing this, I more than 4,400 private sector workers The previous record was 280 pages. daresay it might take someone 15 or 20 I remember when OSHA first started. suffered serious injuries from ergo- minutes to read through it. We have I was in the State senate at that time. nomic hazards at work. Another 700 heard a great deal about how can any I remember when I was in Michigan workers in the public sector suffered business in this country be able to un- and I held a book up and said—I was such injuries. These injuries are a derstand what is expected of them. I going to talk to the National Associa- major problem not only in Hawaii, but daresay anybody who has been watch- tion of Manufacturers. I said: I bet I across the nation. It affects truck driv- ing this debate and has the opportunity can close down anybody in here just ers and assembly line workers, along of looking through the CONGRESSIONAL with these regulations. with nurses and computer users. Every RECORD tomorrow will be able to get One guy called me on it and we went sector of the economy is affected by through these in very quick order. out and closed him down. Overregula- this problem. The impact can be dev- I just looked, for example, at the tion is an extremely burdensome thing. basic screening tool which is the stand- astating for workers who suffer from I think as far as the extreme broad these injuries. ard which would be used by employers. reach of this program, single incident It is very clear. It sets forth the risk This Resolution of Disapproval is not trigger—all these points have been factors the standard covers. It talks the right approach. It would bar OSHA made. I want to just bring it closer to about repetition and about the amount from issuing safeguards to protect home and share with you a couple of of repetition that might be evidenced workers from the nation’s biggest job things and ask that they be put in the in an ergonomic injury. Then it goes safety problem. I remind my colleagues RECORD. We have had over 1,000 letters down to the issue of force. Most people, that there are normal regulatory pro- from the various businesses and others small businessmen or large businesses, cedures that can be utilized if the Ad- who believe their businesses have been are going to be able to understand ministration has concerns over the ex- threatened. these standards, which cover lifting isting program standards. The Resolu- I ask unanimous consent these ex- more than 75 pounds at any one time, tion of Disapproval is not necessary. cerpts of letters be printed in the more than 55 pounds more than 10 American families cannot afford the RECORD. times a day, or more than 25 pounds repeal of this long awaited regulation. There being no objection, the mate- below the knees and above the shoul- More importantly, American workers rial was ordered to be printed in the ders or at arm’s length more than 25 cannot afford losing this important RECORD, as follows: times a day. worker protection. Injuries that result The OSHA ergonomics rule threatens our I think most people with a high from ergonomic hazards are serious, company’s future and the jobs of the employ- school education could understand disabling, and costly. Carpal tunnel ees who depend upon us. It will result in in- creased food prices for Oklahoma con- whether their workers were at risk. syndrome results in workers losing The rule also addresses awkward pos- more time from their jobs than any sumers.—Ron Cross, Stephenson Wholesale Company, Inc. Durant, OK. tures. They have three different illus- other type of injury. It is estimated Please support the CRA to repeal the trations, such as repeatedly raising or that these injuries account for an esti- OSHA Ergonomics Regulations. The rule working with hands above the head or mated $20 billion annually in workers may have had good intentions, but the way elbow, above the shoulders, more than compensation payments. it was executed was terrible. I own a small 2 hours total per day; kneeling or business and do not need much more govern- Many of these injuries and illnesses squatting more than 2 hours total per can be prevented by allowing this ment weight on my back to induce me to just pull the plug and shut it down.—Jeff day—kneeling and squatting are not standard to be fully implemented. In Painter, Claremore, OK. very difficult to understand; working fact, some employers across the coun- It would greatly increase costs in my prac- with the back, neck, or wrist, twisting try have already taken action and put tice.—Dr. Bob Barheld, McAlester, OK. more than 2 hours total per day. Those in place workplace ergonomics pro- And if I am forced to pay 100% of employ- are the three criteria for awkward posi- grams to prevent injuries. However, ees’ pay and benefits while they’re on ergonomics leave for three months aka the tions. two-thirds of employers still do not Most people can understand that. It have adequate ergonomic programs in ‘work restriction protection’ requirement, I’ll be out of business. Doris Lambert, Quick is very readable and understandable. place. Lube, Lawton, OK. Then the rule goes back to contact We have an opportunity to prevent We are greatly concerned by OSHA’s final stress, using the hand or knee as a 460,000 injuries a year and save $9 bil- ergonomics regulation. If fully implemented hammer more than 10 times per hour, lion in workers’ compensation and re- in its current form, this regulation will like- more than 2 hours total per day. It just lated costs by voting against this reso- ly impose huge administrative burdens, re- goes on, and it is very understandable, lution. This resolution is unnecessary quire the purchase of expensive new equip- ment, and dictate the reconfiguration of Mr. President, and that is really what and unwarranted. Congress should re- many of our facilities. It may actually cost this whole proposal is all about. member and honor the commitment jobs—while not ensuring that a single work- All we have to do is ask the more made to the nation’s workforce when it place injury will be prevented.—V.E. Hart- than 1 million workers in our society, established OSHA in 1970 and vote nett, Con-Way Southern Express, Oklahoma the great majority of whom are against the Resolution of Disapproval. City, OK. women, who have trouble using their The PRESIDING OFFICER. Who Mr. INHOFE. Mr. President, I urge fingers, wrists, arms, shoulders, backs, yields time? my colleagues to vote in favor of this and lower backs. They understand

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1874 CONGRESSIONAL RECORD — SENATE March 6, 2001 what is happening to them in the work- being suffered by hundreds of thou- I commend the efforts of those com- place. This is no great challenge. How sands of workers each year. Even panies which have proven that respon- can we ever expect anybody to under- though there was already a significant sible ergonomics programs can—and stand what is happening? Very simple. body of research outlining the need for do—prevent injuries resulting from re- As we have seen from every report, it is national ergonomics standards from petitive motions. Unfortunately, happening and putting more than 100 sources including the National Acad- though, not all American workers are million Americans at risk every day in emy of Sciences, the National Institute protected by ergonomics programs like more than 6 million workplaces. It is for Occupational Safety and Health, those I have described. happening to at least 1 million Ameri- and the General Accounting Office, op- For example, one of my constituents cans, according to the Academy of ponents of a Federal standard argued who testified at an ergonomics event in Sciences, who are losing work every that the standard needed to be delayed my state has endured three surgeries day. They understand it. until another NAS study was issued. over a ten-year period to repair damage This idea that we have to go through That NAS study is out, and its con- to his spine caused by repetitive mo- 700 pages is just baloney. Here are the clusions are clear: There is a connec- tions at his job. In his testimony, this regulations. They are understandable, tion between repetitive motion and man said, they are comprehensible, they are physical injury, and these injuries are Pain is my constant companion and I still clear, and they are reasonable. They preventable. According to the study: need pain medication to get through the day. are completely opposed by the Cham- The weight of the evidence justifies the in- It is an effort just to put my socks on in the ber of Commerce that has spent mil- troduction of appropriate and selected inter- morning. I will never be healthy and pain free. lions of dollars trying to defeat the ventions to reduce the risk of musculo- skeletal disorders of the low back and upper Another one of my constituents de- rule because they would put at risk extremities. They include, but are not con- American workers in the workplace, scribed the impact that an injury he fined to, the application of ergonomic prin- sustained at work—while lifting a 60–80 and that is wrong. ciples to reduce physical as well as I yield 10 minutes to the Senator phychosocial stressors. To be effective, pound basket of auto parts—has had on from Wisconsin. intervention programs should include em- his once-active lifestyle: The PRESIDING OFFICER. The Sen- ployee involvement, employer commitment, This pain has limited me in many ways ator from Wisconsin. and the development of integrated programs . . .. I used to teach soccer to kids. Now I Mr. FEINGOLD. Mr. President, I that address equipment design, work proce- can’t walk more than half an hour without dures, and organizational characteristics. pain in my legs and spine. I have to prepare thank the Senator from Massachusetts myself for fifteen minutes in the morning for the time and especially for his tre- Further proof can be found in exist- ing ergonomics programs. Companies just to get out of bed. mendous leadership and eloquence on Injuries such as those suffered by my across the country have reduced the in- this issue. constituents—and indeed by workers in stances of preventable workplace inju- Mr. President, I rise today to express each one of our States—will be pre- ries by designing and implementing my support for the Occupational vented through OSHA’s ergonomics their own ergonomics programs. In my Health and Safety Administration’s standard. final ergonomics standard, and to ex- home State of Wisconsin, the popular What we are talking about is an im- press my opposition to the attempt to maker of children’s clothing, OshKosh pact on real people. They are our con- overturn this standard by using the B’Gosh, redesigned its workstations. stituents, our family, our friends, our This commonsense action cut workers’ Congressional Review Act. neighbors. We should not overturn a compensation costs by one-third, sav- After more than 10 years of research, standard that will help to stop prevent- ing the company approximately $2.7 public hearings, and public comments, able injuries from forever changing the OSHA’s final ergonomics standard was million. Another Wisconsin company, Harley- lives of countless Americans who are published in the Federal Register on Davidson, cut workplace ergonomics working to provide their families and November 14, 2000. The standard took injuries by more than half after imple- themselves with a decent standard of effect on January 16, 2001, extending menting an ergonomics program. living. basic protections to workers across our An employee of a health care facility I recognize that some industries and Nation. in my hometown of Janesville, WI, said small businesses are concerned about Each year, more than 1.8 million the following about the joint efforts be- the impact, financial and otherwise, American workers suffer from work- tween her management and fellow em- that this standard will have on them. I place injuries caused by repetitive mo- ployees to design a program to combat have written to OSHA on behalf of a tions including heavy lifting, sewing, the back injuries that are all too com- number of my constituents to commu- and typing. These injuries have an im- mon among health care workers: nicate their concerns, and I will con- pact on every sector of our economy, tinue to communicate their concerns and are particularly prevalent among I am here today to tell OSHA that working in a nursing home is demanding and haz- regarding the implementation of this women because many of the jobs held ardous work. Those hazards include back in- standard. predominately by women require repet- juries as well as problems in the hands, Overturning this standard under the itive motions or repetitive heavy lift- arms, shoulders, and other parts of the body Congressional Review Act is not the ing. These preventable injuries cost . . .. I am also here to testify that the inju- answer. This resolution does not sim- more than $60 billion annually, $20 bil- ries and pain do not have to be part of the ply send this standard ‘‘back to the lion of which is from workers’ com- job . . .. Together [management and labor] drawing board’’ as some have sug- pensation costs. have identified jobs where there are risks of gested. If we adopt this resolution of In addition to costing American busi- back injuries. After getting input from em- disapproval, we will be stripping away ployees, the employer has selected equip- nesses millions of dollars, repetitive ment that has improved the comfort [and] all the protections that went into ef- stress injuries are costing American the safety of patients as well as the employ- fect on January 16, 2001. It will be as if workers their health and, in some ees. the 10 years of research, public hear- cases, their mobility. This means that . . . What we are doing at the [nursing ings, and public comments that went some workers will lose the ability to do home] is proof that it is possible to prevent into the drafting of this standard had certain activities—activities ranging injuries with a commitment from manage- never happened, and OSHA will not be from simple tasks like fastening but- ment and the involvement of employees. Our permitted to work to promulgate an- injury prevention program is a win-win for tons to more meaningful things includ- everybody: Management, labor, the patients, other ergonomics standard until spe- ing picking up a child or participating and their families. I urge OSHA to issue an cifically and affirmatively told to do so in sports. ergonomics rule so that nursing home work- by the Congress. In past Senate debates on this issue, ers across the country will have the same Let’s be clear what a vote on this one of the chief arguments against an protection that we have at the health care issue is. A vote for this resolution is a ergonomics standard has been that center. vote to block any Federal ergonomics more scientific research was needed to There are many other success stories standard for the foreseeable future. It prove the connection between repet- in Wisconsin and around the United is a vote to erase protections that will itive motions and the physical injuries States. help to prevent hundreds of thousands

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1875 of workplace injuries this year alone. to overturn OSHA’s new standard that What will OSHA’s new rule mean? It It is a vote to require businesses to protects workers from workplace inju- would prevent 300,000 injuries per year continue to spend millions of dollars in ries. It is bad for American workers and it would save $9 billion in workers workers compensation and other costs and bad for our economy. compensation and related costs. It’s resulting from senseless injuries that This resolution would prevent OSHA outrageous that the first major legisla- could have been prevented. from implementing an ergonomics tion considered by the Senate this year The Congressional Review Act, which standard that would establish basic would turn the clock back on worker allows no amendment, and which al- safety standards for American workers. safety. This would be the first time in lows only limited debate, is no way to This standard would protect workers OSHA’s 30 year history that a worker legislate. We should not be doing busi- from on-the-job injuries caused by health and safety rule has ever been re- ness this way in the Senate, but we do, working conditions that involve heavy pealed. and we all know part of the reason lifting, repetitive motions or working As a great nation, it is our duty to why—the wealthy interests who seek in an awkward or uncomfortable posi- protect our most valuable resource— to influence the decisions we make on tion. our working men and women. I urge this floor. Thanks to the soft money American workers deserve a safe my colleagues to join me in opposing workplace, yet each year more than loophole, wealthy interests with legis- this resolution. 600,000 people suffer ergonomics inju- lative agendas can donate unlimited Mr. CORZINE. Mr. President, I rise amounts of soft money to both of our ries. Who suffers most from ergonomic injuries? Women. Women represent today in strong opposition to the reso- political parties. The results are an un- lution that would overturn worker deniable appearance of corruption that only 46 percent of the workforce, but they suffer 64 percent of the repetitive safety regulations designed to prevent taints the work of this Senate, and the ergonomic injuries. OSHA’s new ergo- ergonomics debate is a perfect exam- motion injuries. Who are these women? They’re the nomic standard addresses the nation’s ple. There are certainly plenty of caregivers—like the home health care most serious job safety and health wealthy interests weighing in on the worker who bathes a housebound sen- problem—work related musculo- ergonomics issue. So I think it is time ior or the licensed practical nurse who skeletal disorders. According to the I called my first bankroll of 2001 by cares for us when we are hospitalized. Bureau of Labor Statistics, in 1999 sharing with my colleagues and the They are the factory workers who build more than 600,000 workers suffered seri- public some of the unregulated soft our cars and process our food. They are ous workplace injuries caused by repet- money donations being made by inter- the cashiers and sales clerks who are itive motion and overextension. These ests lobbying for and against over- the backbone of our retail economy. injuries can be painful and disabling, turning the ergonomics rule. And they are the data entry clerks who and can devastate people’s lives. Work- Take the American Trucking Asso- keep our high-tech economy moving ers in a wide variety of jobs and loca- ciation, which has also been a generous forward. tions are affected, from textile workers soft money donor to the political par- There are terrible human costs to in New Jersey to white collar workers ties. Along with its affiliates and ex- these injuries. Women account for throughout our nation. These are real ecutives, the American Trucking Asso- nearly 75 percent of lost work time due people and their lives are being af- ciation gave more than $404,000 in soft to carpal tunnel syndrome and 62 per- fected in very real ways. At the same money in the 2000 cycle. cent of lost time due to tendinitis. time, their injuries impose huge costs They have weighed in against the These are painful, debilitating injuries on our economy as a whole, roughly $50 ergonomics rule, and they do so with that prevent you from doing even sim- billion a year. the weight of their soft money con- ple activities like combing your hair or Mr. President, OSHA has been work- tributions behind them. The same is zipping your child’s jacket. ing to address ergonomic problems for true for a host of other associations We can’t measure the pain and suf- 10 years, under both Republican and fighting to see the rule overturned: in fering of workers who are injured at Democratic administrations. In fact, the last cycle, the National Soft Drink work, but we can measure the eco- the agency first began its involvement Association and its executives gave nomic costs. These injuries cost our under Labor Secretary Elizabeth Dole. more than $141,000 in soft money, the economy over $80 billion annually in At the time, Secretary Dole called re- National Retail Federation doled out lost productivity, health care costs and petitive strain injuries, and I quote, more than $101,000 in soft money, and workers compensation. In fact, nearly ‘‘one of the nation’s most debilitating the National Restaurant Association $1 out of every $3 in worker’s com- across-the-board worker safety and ponied up more than $55,000 in soft pensation payments result from health illnesses of the 1990’s.’’ money to the parties. ergonomics injuries. Unfortunately, after going through a To be fair, I will also mention the OSHA’s ergonomics standard wasn’t very lengthy rulemaking process, crit- other side of the soft money coin, the slapped together at the last minute or ics of OSHA’s efforts have continually unions that have lobbied to keep the in the dark of night. The effort was ini- put roadblocks in the agency’s path. rule in place. They include the AFL– tially launched by Labor Secretary These critics have questioned the seri- CIO and its affiliates, which gave more Elizabeth Dole in 1990 and the stand- ousness of the ergonomics problem and than $827,000 in soft money in the last ards have been in development over the called repeatedly for additional sci- election cycle, and the Teamsters past 10 years. During the development entific studies. It’s been a strategy of Union and its affiliates, which gave phase there were 10 weeks of public denial and delay. $161,000 during the same period. hearings and extensive scientific study, Repetitive motion injuries can and including the National Academy of Now, however, there’s no longer an should be prevented. I strongly believe Science’s study which concluded that excuse for inaction. This January, the that we should have a national stand- workplace interventions can reduce the National Academy of Sciences and In- ard that affords all workers the same incidence of workplace injuries. stitute of Medicine released a report protections from these debilitating in- The result of this long and careful documenting the severity of the prob- juries. We should not overturn this study is the OSHA ergonomics stand- lem. The report confirmed that work- standard. The health and mobility of ard issued last November. These stand- place exposures do, indeed, cause mus- countless American workers is at ards would require all employers to culoskeletal disorders and that OSHA’s stake. provide their workers with basic infor- approaches to the problem are effec- I urge my colleagues to support the mation on ergonomic injuries—includ- tive. This should not have been a sur- hundreds of thousands of workers who ing their symptoms and the impor- prise to anybody, but now its undeni- suffer from repetitive motion injuries tance of early reporting. These stand- able. each year by opposing this resolution ards would take action whenever a Mr. President, I realize that many of disapproval. worker reports these activities and em- businesses are concerned that OSHA’s I yield the floor. ployers would be required to correct regulations will impose costs. And it’s Ms. MIKULSKI. Mr. President, I rise the situation. Correction could mean true that, according to the Department to oppose this resolution which seeks better equipment or better training. of Labor, employers will pay roughly

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1876 CONGRESSIONAL RECORD — SENATE March 6, 2001 $4.5 billion annually. Yet, Mr. Presi- OSHA finalized this rule during the have expressed their desire for protec- dent, employers also will reap signifi- 11th hour of the Clinton administra- tion from repetitive motion injuries in cant savings when employees avoid re- tion. As a result of OSHA’s last minute their workplaces. Likewise, many busi- petitive motion and other injuries— actions, small business owners across ness leaders are concerned that the savings that are estimated to exceed $9 the country have faced unnecessary current regulation is overly broad, and billion annually, more than twice the confusion, fear and misunderstanding that the cost of implementation will be up-front costs. regarding their explicit responsibil- prohibitively expensive. Mr. President, let me be clear: I am ities, the compliance standards and the This is obviously a complex and dif- not ready to endorse every dot and liability that they may face as a result ficult issue. It deserves a thoughtful comma in OSHA’s regulations. But of the new rule. approach by which all interested par- even if some of the burdens of OSHA’s It is still unclear how these new reg- ties can express their views and the full regulations are excessive, the answer is ulations will be viewed in light of State range of expert opinion can be evalu- not to completely eliminate the regu- workers compensation laws. Most be- ated. lations. It’s to fix them, either admin- lieve that it overrules these state laws This issue comes to the Senate under istratively or, if necessary, through ap- and as a consequence, workers claim- a procedure that does not allow for the propriately crafted legislation. By con- ing ergonomics injuries will be allowed type of careful and detailed decision trast, this resolution adopts a sledge to collect more than what would tradi- making required for such an important hammer approach. It will kill the en- tionally be allowed under the workers topic. Under the Congressional Review tire OSHA regulations and effectively compensation laws in their States. In Act, a vote in favor of a ‘‘disapproval block the agency from pursuing any addition, the regulations are extremely resolution’’ will cancel the ergonomic other regulation that is substantially unclear as to what must cause the on- regulation. Such a resolution would similar. That just goes too far. I am set of the injury. For example, if you also prohibit the Department of Labor new to the Senate and have spent most are a member of a softball league on from developing new ergonomic regula- of my adult life in the private sector. your own time and you develop a repet- tions in ‘‘substantially the same form’’ So I want to emphasize that I know itive motion injury from swinging the as the current regulation. most businesses, or at least most suc- bat that is further agitated by your Since this is the first time the Con- cessful businesses, do care about their work as a computer programmer, you gressional Review Act has been used, I employees. They want to do the right could conceivably claim that you have asked Labor Secretary Chao for assur- thing. And they realize that businesses suffered an ergonomics injury. ances that the Department of Labor do better when employees are healthy. This ergonomics rule is conserv- would take steps to provide legal pro- Unfortunately, some businesses are tections to workers from repetitive less responsible. And it’s our job to atively estimated to cost Americans stress injuries if Congress canceled the protect their workers. Because if we $4.2 billion a year. Hundreds of small ergonomics regulation. Secretary Chao don’t do it, nobody will. And the result businesses will surely fold under the will be more injuries, and more need- weight of this burdensome regulation. could not provide such assurances. Secretary Chao did not assure me less suffering. I urge my colleagues to Too often the people who suffer the that the administration would issue oppose this resolution. And I want to most from unfettered government reg- ulatory actions are not only the small legal protections, commit to a time- thank Senator KENNEDY and many of table for addressing this issue, or pro- my other colleagues for their leader- business owners, but their employees, ship on this important issue. the very people that OSHA purports to vide a description of the changes in Mr. SHELBY. Mr. President, I rise protect by this rule. policy that would be sought. today to address the Occupational We do have a recourse. Under the Furthermore, it is clear that if Con- Safety and Health Administration’s, Congressional Review Act, Congress gress does not cancel the regulation, OSHA, recent rule on ‘‘Ergonomics.’’ I has the final say. I would like to en- the Department still has many options have said in the past and I will say courage my colleagues to weigh the op- at its disposal. It could suspend the again, this rule falls short of sound tions and hopefully come to the same current rule, conduct an administra- science and good policy. In fact, this conclusion that I have: These regula- tive review, and make appropriate ergonomics rule is a poison pill for tions are a poison pill for American in- changes. American industry and its workers in dustry and American workers. Since this is such an important issue, the midst of a slowing economy. Mrs. CARNAHAN. Mr. President, re- the prudent course is for both workers In theory, an ergonomics regulation petitive stress injuries are a serious and employers to engage in an open would attempt to reduce musculo- problem in the workplace of the 21st and full dialogue in an effort to reach skeletal disorders, such as Carpal Tun- century. Workers affected by repetitive consensus. I do not believe that over- nel Syndrome, muscle aches and back motion injuries range from poultry em- turning the current regulation would pain, which, in some instances, have ployees to nurses to the growing num- contribute to this process. In fact, it been attributed to on-the-job activi- ber of employees who spend their day could prematurely end the govern- ties. However, the medical community in front of the computer. ment’s efforts to protect workers from is divided sharply on whether scientific Repetitive stress injuries are not serious injuries. Consequently, I will evidence has established a true cause- only extremely painful to workers, vote against the resolution. and-effect relationship between such they also strain our economy due to Mr. BAUCUS. Mr. President, today I problems and workplace duties. We lost productivity. According to the Na- rise to express my frustration with the need to understand the sound scientific tional Academy of Sciences, approxi- OSHA ergonomics standard. basis to support such a costly and bur- mately one million workers a year suf- Let me be clear that I am not frus- densome rule. It is in the interest of fer severe repetitive stress injuries trated with this rule because it at- employers and employees to reduce, to that cause them to miss time at work. tempts to improve workplace safety. the greatest extent possible, the pain- Given the widespread occurrence of Musculoskeletal disorders, MSDs, are ful, time-consuming and profit-con- these debilitating injuries and their clearly a serious problem. They ac- suming impact of ergonomics injuries. impact on the economy, it is appro- count for nearly a third of all serious Unfortunately, the regulation as- priate for the government to take steps job-related injuries. As this issue has sumes that employers aren’t already to protect workers. come before the Senate, I have been a doing everything possible to take care In January, the previous Administra- consistent supporter of finding a work- of the health and well-being of employ- tion enacted a regulation to help pre- able solution to the ergonomics issue. I ees. In fact, recent data seems to indi- vent repetitive these injuries in the have voted to let the Administration cate that the number of work-related workplace. The issue before the Senate move forward with the rule-making injuries is declining. In the last seven is whether Congress should enact a process while new scientific evidence is years, the incidence of injuries attrib- ‘‘disapproval resolution’’ to invalidate brought to light. uted to ergonomics has gone down by a this new regulation. I believe, however, that this OSHA third, 26 percent in carpal tunnel syn- Over the course of the past few Ergonomics Standard is not the solu- drome and 33 percent in tendonitis. weeks, numerous Missouri workers tion we’ve been looking for. This rule

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1877 is constructed in a way that places a unlimited and that even employers who bate, and comments from the business potentially heavy financial burden on make good faith efforts to meet the community, labor, and Congress, that many small businesses in Montana at a standard can never be certain they’ve rule was issued last November. time when those businesses are strug- done enough because the rule is un- The rule has many virtues. One of its gling to keep their doors open. Instead clear about when compliance is met. It most prominent advantages is that it of issuing a rule that places the burden will take months, maybe years, for the focuses on prevention. For the first primarily on businesses, let us work to courts to unravel the true meaning of time, it requires employers to take establish a rule that works with the this rule. And it is my belief that rule measures to educate and train their business community, that helps pro- making should not be left up to the employees on how to avoid ergonomic vide both a better work environment courts. Frankly, I think those who op- injuries. It is backed up by sound for workers and assists businesses in pose this rule have a valid argument science that demonstrates how ergo- making necessary adjustments. and therefore I intend to support the nomic injuries occur, and helps provide Let us also level the playing field. Resolution of Disapproval. the means to prevent them. These pro- The OSHA Ergonomics Standard does I do not think, however, that the de- visions alone will help keep millions of not apply to employers covered by bate on a Federal ergonomics standard injuries from occurring, sparing work- OSHA’s construction, maritime or ag- should end with this vote. The vast ma- ers pain and suffering, and their em- ricultural standards, or employers who jority of business owners I’ve spoken to ployers lost productivity. In addition, operate a railroad. These exemptions about this issue are taking genuine, af- workers who suffer these injuries fi- could create unfair advantages in cer- firmative steps to facilitate a safe and nally would receive compensation tain industries. That is not right. productive working environment for while they receive treatment and, ac- Additionally, the OSHA Ergonomics their employees. After all, it’s in their cording to 17 state Attorneys General, Standard supercedes state worker’s best interest not to have workers who this does not interfere with their exist- compensation plans, against OSHA’s are injured and unable to perform capa- ing worker’s compensation laws. own provision that it not ‘‘supercede or bly. I also would concede, for all the vir- in any manner affect any workmen’s I intend to hold them to their word tues of this rule, that it has some seri- compensation law.’’ Clearly, any stand- by introducing legislation that will re- ous problems. It places a particularly ard should be coordinated with state quire OSHA to draft a new ergonomics onerous burden on small businesses, worker’s compensation provisions. standard within 3 years. If the current which may not have the resources to Finally, let us address MSDs standard is not workable, and I do not fulfill all of the rule’s requirements. A proactively. The OSHA Ergonomic think it is, then I believe OSHA has an better crafted rule would provide some Standard is a reactive rule. Workers obligation to work with employers and relief for small businesses. The rule must explicitly wait for symptoms to employees to write a revised rule that also is highly ambiguous with respect occur before they can voice a com- will reduce the number of MSDs in the to its application to agricultural work- plaint. Let’s instead take what we al- workplace without penalizing busi- ers. While it says that agricultural ready know about MSDs in the work- nesses that want to do the right thing. workers are exempt from the rule, it is place and work to prevent MSDs alto- In closing, I want to express my dis- not at all clear who that includes. Are gether. appointment with the take it or leave workers in nurseries, on-farm pack- My vote is not a vote against health it approach pursued by the Senate aging and processing plants, or other and safety in the workplace. I will re- Leadership in this matter. In recent jobs done in a farm setting covered by main a strong proponent of efforts that weeks we’ve heard a lot about working this rule? I am told by those in the ag- protect workers from workplace risks. together in a bipartisan fashion from riculture community that there is My vote is a vote for finding a better the President and Senate leaders, but great confusion on this question. A bet- way to balance the needs of business we certainly have not followed that ter crafted rule would provide clarity and labor, and a vote to keep undue fi- course of action today. I wish my col- on this point. There is also confusion nancial pressures off of Montana’s al- leagues on the other side had dem- about how a particular injury may be ready struggling economy, especially onstrated a willingness to find a middle classified as ergonomic, if there is a our small business community. ground in this debate but the only op- dispute between a worker and an em- Mrs. LINCOLN. Mr. President, I want tion we have been given is an all or ployer. I agree with those in the busi- to state at the outset that I support nothing vote with no alternatives. ness community who have expressed Federal workplace safety regulations That is not my definition of bipartisan- these and other concerns. to ensure that all employees are pro- ship and I do not think it is a produc- tected against hazards that exist in tive way to build trust across the aisle. So the rule has virtues, and it has their place of employment. I hope my colleagues will work harder problems. My sense is that we need a I also believe that OSHA should be in the future to make their pledges of rule, but that the rule needs improve- permitted to impose an ergonomics bipartisanship a reality. ment. Unfortunately, the choice we standard on employers to reduce the Mr. NELSON of Florida. Mr. Presi- face on this vote is not whether we number of muscular skeletal disorders, dent, I approach the debate on this res- should improve the rule, but whether MSDs, that can be linked to repetitive olution with a considerable degree of there should be such a rule at all. motions that workers perform as part disappointment. To put it bluntly, it Under the Congressional Review Act, of their job. However, to be effective should not have come to this. we are given only one choice yea or such a standard must be reasonable in It is absolutely clear that there is a nay on the rule. And if we vote to dis- scope and proportional to the number need for workers to gain protection for approve the rule, we have effectively of reported muscular skeletal disorders ergonomic injuries. All one has to do is killed any chance of ever providing that occur in a particular workplace. spend time in any workplace environ- workers with the protection they need. I do not support the ergonomics rule ment to see the stresses that can lead That is because once we kill it, OSHA we are debating today because it falls to serious back, shoulder, arm, and is prohibited from ever coming forward short of that standard. After talking to wrist injuries. These injuries are just with a rule that is deemed to be ‘‘sub- literally hundreds of constituents and as real, and in many cases just as de- stantially similar.’’ This is a highly touring dozens of factories and plants bilitating, as more obvious injuries flawed process for evaluating a some- in my state, I am convinced that the that are more likely to be covered what flawed rule. It leaves us no option current ergonomics rule is unreason- under state worker’s compensation to make recommendations on how this able in terms of the requirements it laws. rule can be made better. imposes on businesses and unworkable In 1990, then-Secretary of Labor Eliz- Given our options, the best approach, with regard to the vagueness of the abeth Dole recognized the need to pro- in my view, is to vote to sustain the standards with which employers are ex- vide protection from these injuries and rule, and then work with the Adminis- pected to comply. directed the Occupational Safety and tration to issue new guidelines to re- The complaints I hear the most are Health Administration, OSHA, to issue vise, clarify, and tighten up imperfec- that the cost of compliance is virtually a rule. After ten years of research, de- tions. I understand that Secretary of

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1878 CONGRESSIONAL RECORD — SENATE March 6, 2001 Labor Elaine Chao already has indi- Despite convincing scientific evidence, fore us today. The Congressional Re- cated a willingness to work with Con- from the Department of Labor, the Bu- view Act, approved in 1996 as an alter- gress to address ergonomic injuries. reau of Labor Statistics, and the Na- native to more onerous regulatory re- The best way for us to do that is by im- tional Academy of Sciences, a vigorous form legislation, gives Congress the proving the existing rule, not blowing campaign that for years denied mil- power to pass resolutions disapproving it up. lions of workers common-sense relief of recently adopted federal regulation. Given the choice that we are pre- from their suffering still persists, five Here in the Senate, it establishes fast sented with by this resolution, I cannot months after the standard has been track procedures limiting committee in good conscience cast a vote that will issued. The buzzer has sounded. The consideration and floor debate. effectively eliminate the possibility of game is over. We should all now be get- But the CRA has never actually been ever protecting workers from ergo- ting together to make this common- used to strike down a rule and I don’t nomic injuries. I will vote against this sense regulation work. think we should set that precedent resolution and, if it is defeated, I will This ergonomics rule is a reasonable today. Not only are we being forced to commit to work with my colleagues one. It does not prescribe controls. In make a hurried decision, without ben- and the administration to correct the fact, an employer need not make any efit of committee hearings and rea- flaws. workplace changes until a worker suf- soned judgment. This resolution of dis- Mr. LIEBERMAN. Mr. President, I fers an injury and the employer con- approval contains a sweeping termi- rise in opposition to this joint resolu- cludes it is work related. The kind of nation of the entire rule, with no ex- tion introduced under the Congres- changes we are talking about include ceptions or direction on how to fix it. sional Review Act to overturn the Oc- low-cost solutions such as raising or In other words, OSHA’s hands would be cupational Safety and Health Adminis- lowering a work station or chair to tied in the future, forbidding the tration’s ergonomics rule. It is truly eliminate awkward postures, putting issuance of any rule ‘‘substantially the unfair and unjustified, after 10 years of wider grips on hand tools, or modifying same.’’ study and delay, to eliminate this reg- work schedules to include rest breaks There is a more appropriate forum ulation which will bring needed protec- or job rotation. for the technical, scientific, economic tions to America’s working men and We know these kinds of adjustments or legal arguments opponents wish to women, tens of millions of them. work because many employers have make against the rule and that’s the It was more than a decade ago that successfully experimented with them U.S. Court of Appeals for the District increased numbers of injuries and voluntarily. In 1992, for example, a gro- of Columbia Circuit, where 31 petitions worker compensation claims led Labor cery store chain headquartered in Con- brought by opponents of the rule are Secretary Elizabeth Dole to ask for a necticut projected $2 million in worker pending. Furthermore, opponents may rulemaking on an ergonomics stand- compensation costs at its east coast petition the Bush Administration to ard. At the time, Secretary Dole, a stores. The safety manager estimated stay, modify or even repeal the rule, member of the previous Bush adminis- that work-related musculo-skeletal which OSHA can do through a new tration, insisted on, and I quote, ‘‘the disorders cost from $9,000 to $18,000 per rulemaking, if it concludes such an ac- most effective steps necessary to ad- claim and accounted for 54 percent of tion is warranted. dress the problem of ergonomic hazards illnesses at the company. After the So, I’d say to my colleagues, even if on an industry-wide basis.’’ company implemented an ergonomics you have concerns about the terms of We are not talking here about an program to purchase adjustable work the ergonomics rule, you should oppose imagined problem or phantom injuries. tables, semi-automatic wrapping ma- a disapproval resolution under the Con- We are talking about the nation’s most chines, vertical scanners and special gressional Review Act. There are other, vexing workplace health and safety cri- training for warehouse workers, claims better ways to protest this regulation, sis. We are talking about the very real decreased by 50 percent. Workers are if protest you must. This resolution back, wrist and other musculo-skeletal protected and money is saved. Inciden- opens a procedural door under the CRA pain and injuries that force a million tally, such voluntary employer-initi- that a lot of us should want to keep people to lose time from work each ated ergonomics standards are ‘‘grand- closed. year and that send 600,000 of them in fathered in’’ by the OSHA rule. OSHA has listened hard to both sides search of medical treatment. We are The problem is, many employers of the debate and adjusted, accommo- talking about workplace injuries that have done nothing, despite a 10-year- dated and readjusted for 10 long years. sap an astonishing $50 billion from the long public process, including weeks of Last year, the federal government fi- economy each year in lost wages and hearings and testimony from thou- nally fulfilled its responsibility to pro- productivity. In Connecticut alone, sands of witnesses, and final issuance tect millions of American workers by 13,500 private sector employees and of the rule last November. I know that approving OSHA’s ergonomics rule. We 2,200 public sector workers suffered some of my colleagues think the com- must not undermine the progress we from musculo-skeletal disorders in mon-sense protections contained with- have made and jeopardize the safety 1998, the last year for which statistics in this rule are too costly for business, and well-being of the millions of Amer- are available. or too burdensome, administratively. icans who rely on us to do the right Just two months ago, the National But my own close examination con- thing. I ask that each of my colleagues Academy of Sciences and the Institute vinces me that the cost-benefit anal- carefully consider the facts on work- of Medicine published the comprehen- ysis tips clearly to the benefit side. Al- place injuries and their debilitating sive and definitive study Congress had though OSHA estimates implementa- toll on both workers and employers. asked for two years ago. It concludes tion of the regulation will cost employ- Then consider the hurt and pain we can unequivocally, and I’m quoting here: ers $4.5 billion a year, that is out- so easily prevent by upholding this ‘‘. . . there is a relationship between weighed by the estimated $9.1 billion in ergonomics rule and defeating this un- exposure to many workplace factors estimated savings in compensation, fortunate resolution. and an increased risk of musculo-skel- medical expenses, and added produc- Mr. NELSON of Nebraska. Mr. Presi- etal injuries . . .’’ and ‘‘the evidence tivity. OSHA estimates the average dent, I rise today to express my opposi- justifies the introduction of appro- cost of fixing each problem job will be tion on procedural grounds to the reso- priate and selected interventions to re- just $250—a small price to pay to re- lution of disapproval of OSHA’s duce the risk of musculo-skeletal dis- lieve the constant physical pain so ergonomics standard. This worker pro- orders.’’ many workers suffer and to keep those tection measure, initiated by then-Sec- It just doesn’t get any clearer than workers productive. Keep in mind, retary of Labor Elizabeth Dole in 1990, that. And yet, supporters of this reso- these official calculations don’t even is aimed at helping diminish the rough- lution are still resisting implementa- take into consideration the intangible ly 600,000 repetitive motion and over- tion of an ergonomics standard, as benefits that will accrue to healthy exertion injuries incurred each year in they’ve consistently done since Sec- employees and their families. the workplace. Using a resolution of retary Dole’s call for a regulation that I’d like to add a final word about the disapproval to erase the standard is un- would protect workers 10 years ago. process which brings the rule back be- necessary and severe. Revisions to the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1879 existing standard are needed, but they been strongly critical of OSHA over a year on ergonomic injuries. They are will not be realized by the passage of long period of time. not Democrats. They are not Repub- this measure. Let me mention a few facts. Accord- licans. They are looking at the facts. While many businesses have taken ing to the National Safety Council and Mr. President, $50 billion a year is steps to remedy repetitive motion and the Bureau of Labor Statistics, the job what we are spending at the present overexertion injuries, the problem per- fatality rate has been cut by 75 percent time. sists and needs to be addressed. The since 1970. That is 220,000 lives saved Here we have Business Week—not a measure currently under consideration, since the passage of the Occupational Democratic magazine, maybe a Repub- the resolution of disapproval, does not Safety and Health Act. Injury rates lican magazine—that says it is com- offer much in the way of sensible solu- have also fallen. According to the Bu- mon sense to put in the ergonomics tions. In fact, it is a resolution that re- reau of Labor Statistics, there were 11 regulations and the financial savings solves nothing, it may actually exacer- injuries and illnesses per 100 full-time will be considerable. Business Week bate the problem by prohibiting workers in 1973; by 1998, it was 6.7 per talking about the same regulations we OSHA’s ability to issue similar meas- 100 workers. have had promulgated as a result of ures in the future to address problems Declines in workplace fatalities and study after study by the National caused by repetitive motion. In my injuries have been greater in those in- Academy of Sciences and others. view, it is a misuse of the process to dustries where OSHA targeted stand- Yet we are being told tonight we can- force a vote that will short-circuit ards and enforcement activities. In not have them, they are too com- these regulations. At the very least, it manufacturing, the fatality rate has plicated—too complicated. We just re- is an unusual delegation of responsi- declined by 66 percent and the injury viewed them. They are simple, under- bility to the legislative branch by the rate by 37 percent since the passage of standable, and they will save American executive branch when administrative the Occupational Safety and Health lives. responsibilities are available. Act. Similarly, in construction, the fa- I see the Senator from New Jersey on While I plan to vote against the reso- tality rate has declined by 78 percent, the floor, and I yield him 10 minutes. lution of disapproval, I do have a con- the injury rate by 55 percent. The PRESIDING OFFICER. The Sen- cern about OSHA’s current ergonomics Now some examples of rulemaking ator from New Jersey. rule, and I have asked Secretary Chao and what the results have been. We Mr. TORRICELLI. I thank the Sen- to initiate as soon as possible the ad- know now there is a problem. Sec- ator from Massachusetts for yielding ministrative options available to her to retary Dole, more than 10 years ago, and commend him for his leadership on pointed it out. We have the Academy of revise the current rule. Businesses this issue. Sciences that accumulated the facts to have raised concerns about a number of So many millions of Americans have demonstrate it, and we have millions of aspects of the rule, such as its scope; only us between their work, the labor Americans who have the ergonomic in- its impact on ergonomics programs that they may love or do, a necessity juries that reflect it. to feed their families, and the inevi- businesses already have in place; its ef- Look at what has happened other fect on state workers’ compensation tability of injury if we do not act. times OSHA has taken action. After The Senator from Massachusetts has laws; and the cost of compliance. I am OSHA issued a standard on grain han- particularly concerned about the im- noted, indeed, the irony that 10 years dling, the number of fatalities in this ago it was Secretary of Labor Dole pact of compliance on small businesses dangerous industry dropped from a in Nebraska and elsewhere. who, responding to reports of increased high of 65 in 1977, before the standard repetitive stress injuries in the work- However, it is my experience that ad- was in place, to 15 in 1997, a 77-percent place, responded by initiating the de- ministrative options provide greater decline. velopment of these standards. Sec- opportunity to reach reasonable con- OSHA’s lead standard has prevented sensus on issues addressed through fed- thousands of cases of lead poisoning in retary Dole called the issue ‘‘one of the eral regulation. This is why, rather lead smelting and battery manufac- Nation’s most debilitating across-the- than supporting the extreme measure turing. Since the lead standard was board worker safety and health before us today, I have asked for the issued, the number of workers with issues.’’ Good for her. She was right Administration to exercise its adminis- high blood-lead levels has dropped by 66 then, as we are right now. trative authority. percent. Opposition by industry and their al- By supporting the resolution of dis- Thousands of construction workers lies in the Congress has at various approval, Congress ignores administra- were buried alive in trench cave-ins be- times stopped, delayed, forced needless tive measures which could produce a fore OSHA strengthened the trenching studies—anything—to stop the develop- more reasonable response. These con- protections. Fatalities have declined ment of a standard designed only to cerns can be addressed most effectively by 35 percent, and hundreds of trench protect the health and the safety of by an administrative rather than a leg- cave-ins have been prevented. working Americans. islative approach. Both businesses and Before OSHA issued the cotton dust During these delays, the Bureau of their workers would benefit from a sen- standard, several hundred thousand Labor Statistics issued reports showing sible administrative solution. textile industry workers developed that the number of work-related ergo- Mr. NICKLES. How much time re- brown lung, a crippling and sometimes nomic injuries was increasing. Senator mains on both sides? fatal respiratory disease. In 1978, there KENNEDY just cited these numbers. In The PRESIDING OFFICER (Mr. ROB- was an estimate of 40,000 cases amount- 1997, they reported that ergonomics-re- ERTS). The distinguished Senator from ing to 20 percent of the industry’s lated injuries accounted for one-third Wyoming has 26 minutes, and the dis- workforce. By 1985, the rate dropped to of all lost workday injuries and illness tinguished Senator from Massachusetts 1 percent. —one-third, amounting to thousands has 48 minutes. This is the record. This is what hap- and thousands of people unable to per- Mr. KENNEDY. Mr. President, we pens when you issue sound regulations form their labors, sustaining serious have had some comments about the im- to protect American workers in the injury. portance of the kinds of protections workforce and in the workplace. Thou- Finally, last year while the National being debated in the Senate this sands of lives have been saved. Millions Academy of Sciences worked on its evening; that is, the ergonomics pro- of Americans have been helped. This is own second congressionally ordered tections. These are the regulations to the record. That would be the case with study, Congress allowed OSHA to de- protect against ergonomic injuries. regard to ergonomics if the regulations velop and issue an ergonomic standard. We have had a good deal of criticism went into effect. But we are told no, After 9 weeks of public hearings, 1,000 of OSHA in the past, criticism of regu- no, no. witnesses, 7,000 written comments, 10 lations that have been issued to try to What price are you going to put on years of study and debate, OSHA issued protect American workers. I know 220,000 American lives? What price are the standard this past January. How there are many who have spoken in you going to place? many studies, how many more years, support of this resolution, in opposi- According to the Academy of how many more consistent conclu- tion to the ergonomics rule, who have Sciences, we are spending $50 billion a sions? The Congress had a right to ask

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1880 CONGRESSIONAL RECORD — SENATE March 6, 2001 for the studies. Maybe it was proper to nursing to truck driving to construc- Mr. NICKLES. Mr. President, I com- be deferential, to let time pass until we tion. pliment and congratulate my col- understood the issue better. But can In the Nation, 1.8 million people re- league, Senator ENZI from Wyoming, there be anyone in the Senate, after 10 port work-related injuries such as car- for his leadership on this issue. He has years of debate and all these studies, pal tunnel syndrome, tendinitis, and been shepherding the floor, along with through Democratic and Republican back injuries each year; 1.8 million. Senator HUTCHINSON from Arkansas, administrations, who genuinely doubts Last year more than 600,000 of those in- and they have done a great job. I think any longer the health impact on the juries were serious enough to cause there has been illuminating debate. I American worker? them to miss work, which is why we also wish to congratulate my friend It leads one to believe it is not a stand here, not just for the workers—as and colleague, Senator KENNEDY, on doubt about the health of our workers. if that were not good enough—but this this issue. We do disagree on a couple In my judgment, it is a question of fi- is a massive problem in the economy, of issues, but he is still my friend. I re- delity with their cause. The non- for the functioning of our businesses, spect him. partisan National Academy of Sciences our offices in every sector of the econ- I feel very strongly that we as Sen- twice reported a clear relationship be- omy. ators should protect the legislative tween work-related activities and the The new OSHA standard is expected functions of Congress and the constitu- occurrence of injuries such as back to prevent hundreds of thousands of tional division of powers between the strains. According to the National these injuries. After 10 years and 6 mil- legislative branch and the executive Academy, workplace ergonomic inju- lion unnecessary ergonomic-related in- branch. Congress, according to the ries have led to carpal tunnel syn- juries, it is now time. Critics still Constitution, is supposed to write the drome, back injuries, permanent nerve argue that the OSHA standard is based laws. In fact, article I of the Constitu- damage in the hands, neck pain, and on bad science. Others fear the stand- tion says that Congress shall write all tendonitis. Many of the workers who ard will cost too much for business. laws. The tenth amendment of the Con- suffer from these injuries are crippled The facts simply do not bear out these stitution says all other laws are for the by debilitating wrist, shoulder, and concerns. The National Academy of States and for the people. Nowhere in back pain. Some have had to change Sciences report requested by this Con- the Constitution does it say the execu- jobs or even stop working. gress reaffirmed the scientific evidence tive branch, the branch that was This, obviously, is not good for work- underlying the standard is strong. charged with enforcing laws, is to leg- ers. But can anyone actually argue this If you weren’t going to accept the re- islate. is good for business? Workers need- sults of the study, why did you ask for I tell my colleagues and I urge my lessly crippled, missing thousands and it? If you don’t believe in the National colleagues who are maybe predisposed thousands of hours of work, needing re- Academy of Sciences, why do we fund to vote no on this resolution of dis- placement, costly medical treatment? them? If you were not going to accept approval to consider this very care- If you didn’t care about the workers, all these years of analysis, all these fully. In a free democracy, a democracy why would you still be here arguing independent and objective reviews, why where we have elected representatives this? This isn’t good for the workers. did we wait? to represent our constituents, we do This isn’t good for business. This just One gets the impression that it is not not have and we cannot allow isn’t good for the country. the evidence, it is not the credibility of unelected bureaucrats to pass laws. There should be no constituency for the studies, that nothing is going to The law of the land, the bill that cre- those opposing these standards. The meet the threshold where this Congress ated OSHA, the Occupational Safety NAS studies provide us with the will act to protect American workers. and Health Act of 1970, is still the cur- science to show just how important Maybe that is the worst commentary rent law of the land and it states—this this issue is. The point is, if you didn’t of all. is the conference report: have the studies, if you hadn’t studied It is estimated this standard will cost The bill does not affect any Federal or $4.5 billion annually. Maybe. But it can state workmen’s compensation laws, or the it again, the injuries and the way they rights, duties or liabilities of employers and affect lives and these businesses—we also save $50 billion a year in com- employees under them. pensation payments, lost wages, and are replete with examples. That is still the law of the land. Very After 14 years as an information lower productivity. The costs associ- clearly in the statute it says we are technology analyst for the New Jersey ated with the OSHA standard will be not passing workers comp. It says we courts, Susan Wright started to de- minimal compared to the savings. are not creating a Federal workers velop numbness and tingling in her fin- It is right for these workers. It was a compensation system. It says we are gers. Here is my study: When she good commentary on this Congress and not superseding or changing the State turned a doorknob, Susan would feel the previous administration that we workers comp laws. something akin to an electric shock in acted. It will similarly be a bad com- I refer my colleagues to this regula- her hands. By 1998, she had undergone mentary on our sensitivity to our peo- tion. It states: ple, the workers of our country, and a two operations. Susan’s operations You must provide that the employee with were a success and her office has re- bad commentary on this Congress if work restriction protection which maintains cently had ergonomics training to pre- now we act to undo that which we did, the employee’s employment rights and bene- vent future injuries such as Susan’s. which was right, after so many years of fits in 100 percent of his or her earnings— But not every story ends with a suc- waiting, after such overpowering evi- That is compensation. It goes on— cess. Another constituent of mine, Pat- dence. You must provide [talking about employ- tie Byrd of Trenton, has a permanent The workers of this country deserve ers] that the employee with work restriction disability in her right hand from con- an advocate. It is said that every pow- protection which maintains the employee’s stant work-related computer use. erful special interest in America has employment rights and benefits in at least 90 Susan’s and Pattie’s injuries could some advocate in this Congress. On percent of his or her earnings. have been prevented. The loss of their this night we determine who are the That is compensation. That is work- labors in their place of employment advocates—who will stand for the aver- ers compensation for not working. was not necessary. The cost of training age American worker who faces these That has only been done at the State replacements was not necessary. The injuries, this loss of wages, this pain level. Now we have a Federal workers lost efficiency was not required. Their and suffering? Let me make my posi- comp law. That is not consistent with pain and their medical expenses were tion clear. There have been enough the existing act. In other words, the not necessary. It all could have been studies, enough time has passed, Clinton administration’s department of avoided, and that is what these stand- enough people have suffered. Let the OSHA is breaking the law. They are ex- ards are for. standards stand. ceeding the law. They do not have the They are not limited to computers or I yield the floor. constitutional authority to enact a office workers. It is a problem for every The PRESIDING OFFICER. The dis- Federal workers compensation system. sector of the economy. They affect in- tinguished Senator from Oklahoma is I heard one of my colleagues say that dustries ranging from meat packing to recognized. is not a Federal workers compensation

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1881 system. The heck it is not. You are I believe some people said you can 608 pages. But they refer to several paying people not to work. You are read these regulations in a matter of 20 studies including studies like this that paying people for injuries. That is minutes. add up to another 227 pages, at least. It workers compensation. That is covered I will insert this one page in the is actually more than that, because one by State laws. That is covered, for RECORD, and I defy anybody to tell me of the studies we can’t even get a copy every single State in the Nation has what it means: of. I have excellent staff, but no one worker compensation laws. The multitask lifting analysis consists of can get a copy of it. We don’t know This one, it just so happens, has com- the following three steps: Compute the fre- how many pages are in one of those re- pensation that has higher levels than quency independent RWL, FIRWL, and the ferred to in the job hazardous analysis any State in the Nation. frequency independent lifting index. That is FILI values for each task using the default tool to which they referred. Those are the facts. How in the world PM of 1.0. They give Web sites so people can can we as a legislative body delegate Compute the single task RWL. That is the download so they can get this kind of that to some unelected bureaucrat in STRWL, and the single task lifting index, equation and basically say comply, be- the Department of Labor? We did not. STLI, for each task. Note in this example cause the big hand of the Federal Gov- We have never done it. As a matter of that interpolation was used to compute the ernment is going to come in and hit fact, we prohibited it. But the Clinton FM value for each task because the lifting you hard if you do not. As a matter of administration tried to do it anyway. frequency rate was not a whole number. Re- fact, they will tell you that you have member the task in order of decreasing phys- They tried to jam it through on Janu- ical stress as determined from the STLI to change your business, maybe relo- ary 16. value starting the task with the largest cate your business, or redesign your I heard some people say you are STLI. business. Somebody from OSHA is using this Congressional Review Act I could go on and on and on. This is doing all of this. Somebody who is as, I believe Senator CLINTON said, a almost funny. But it is not funny be- unelected can put that kind of mandate legislative time bomb to undo this leg- cause we don’t change it, and if we on every business in America, presum- islation that people have been working don’t stop this regulation, and stop it ably because they know better. They on for 10 years. The CRA was written tonight, everybody in America is going know better than the State in workers and was supported, I might mention, to be trying to figure out what STLI comp? Again, it is in violation of the by every person in this body because it means, and what all of these other lit- law because some bureaucrat was able passed by unanimous consent, so that tle acronyms stand for, and so on. And to come up with that? I just totally Congress would have a chance to re- they are going to say: You mean to tell disagree. view these laws. me we can’t move 20 pounds of force? I heard a couple of Members com- If there is an economic impact of $100 We can’t lift items more than 75 ment saying: Wait a minute, the people billion, Congress had better have an pounds? You mean to tell me that fighting for this are fighting for special input so it can prevent it, stop it, or every single grocery store in America interests—the Chamber of Commerce, overturn it. Because we are elected of- is going to be in gross violation of the National Association of Manufac- ficials, we should be held accountable. these standards? You mean that every turers, or NFIB. Hogwash. The only Who is the legislator in OSHA who single person involved in bottling or thing that was special interest was the wrote this regulation? Who is going to every single person involved in moving Clinton administration trying to jam hold them accountable? They are gone. is going to be in gross violation of this regulation through in the last 4 As a matter of fact, the Clinton admin- these standards and we will never, ever days of the Clinton administration. istration showed contempt of Congress be able to comply with these ridiculous This is the special interest. This regu- and contempt of the new administra- standards that were jammed through lation is the special interest that the tion by trying to jam through this in the last 4 days of the Clinton admin- Clinton administration was trying to enormously complex, burdensome, and istration? We are going to make them jam through. expensive regulation with 4 days left in violators of the law and fine them or Congress, thank goodness, passed a their administration. we are just going to say hire lots more law that said we can review in an expe- My colleague from Massachusetts people. Is that the purpose of it? dited form regulations that cost a said this regulation is only eight pages. Let’s look at the next standard. Here whole lot of money. That is the reason I count the pages a little differently. is one dealing with vibration. I think we are using the CRA. Some people This little part of the regulation is 608 this was referred to earlier. This deals said: If you use that, you can’t even pages, which is interesting. The regula- with vibration. I ran a manufacturing talk about this regulation and tion that was promulgated by the Clin- plant. I will tell you that any manufac- ergonomics is dead forever. That is not ton administration in 1999 was 310 turing plant in America has a lot of vi- what the Secretary of Labor said. The pages. Look at what happened in that bration, sanding, grinding, and people Secretary of Labor said: year. Yes, they had a few hearings; 1 doing a lot of different types of motion I intend to pursue a comprehensive ap- year later, 608 pages. It about doubled. that require vibration. proach to ergonomics, which may include Guess what. It is a lot more complex Again, this was not included in Sen- new rulemaking that addresses the concerns than this. My colleague said it is only ator KENNEDY’s pages. I think there are levied against the current standard. This ap- eight pages. Let’s look a little closer at only 22 pages, but it is pretty complex. proach will provide employers with achiev- some of the details and some of these I look at the formula for complying able measures that protect their employees before injuries occur. Repetitive stress inju- pages. I guess this goes beyond eight with this. I used to do very well in ries in the workplace are important prob- pages. It talks about job hazard anal- math, I might mention, in college. But, lems. I recognize this critical challenge and ysis tools. We have tools for the job for the life of me, it is going to take want you to understand that safety and strain index and one for revising the somebody a lot smarter than I. Maybe health in our Nation’s workforce will always NIOSH lifting equation. That is re- colleagues who support this regulation be a priority in my tenure as Secretary. ferred to. That wasn’t part of the eight can figure out what this equation In other words, she is going to work pages. If you look at it in the regula- means where T is equal to whatever to reduce work injuries. I will work tion, you need to pull that up. We that equation says. We are going to tell with her, and I think every Member of pulled it up. We found the NIOSH regu- Americans who have companies that the body should. lation. have vibration, grinding, and motion What we shouldn’t do is promulgate a There are 164 pages. They came up that they have to comply with this ri- regulation and say: Here it is. You are with standards for lifting. As a matter diculous formula—that thousands of stuck with it. It may cost over $100 bil- of fact, they have lifting equations. If businesses are going to have to comply lion a year. We don’t care how much it you lift anything, I guess you go to with this? That is in this regulation costs. this NIOSH standard—164 pages. You that somebody said was eight pages. It That is ridiculous. Let’s work with get lots of information on how much is in this 800-and-some pages that are the new Secretary of Labor. Maybe we you can lift. in the regulations. don’t need to repromulgate a new regu- This is all part of the standard— Some people said: Where do you get lation. Maybe we can do a lot of things these little equations here. 800 pages? The regulations promulgated that will reduce workplace injuries

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1882 CONGRESSIONAL RECORD — SENATE March 6, 2001 without saying to States that we don’t Mr. WELLSTONE. I thank the Chair. I think in many ways this opposition care what your worker comp laws are, Mr. President, I had a chance to de- is opposition to the mission of OSHA. we are going to come up with a Federal bate this resolution earlier today. But This legislation was not without con- workers comp. after hearing my colleagues through- troversy. And really, when we started If this is so good, if we are successful out the day, I want to respond one talking about occupational health and in repealing this, which I hope we will more time. While I am on the floor, I safety, it was a bit like environmental tonight and I hope soon in the House, if want to thank Senator KENNEDY for his protection. In fact, these are environ- my colleagues want this to become the great leadership on this resolution, mental issues. This is the environment law of the land, I encourage them to in- and, for that matter, for always being at the workplace. troduce it as legislation. I am only as- there for working people in the coun- What we said, when we created OSHA sistant majority leader, but I will en- try. some 30 years ago, was that the private courage my colleagues to have hear- In my hand are reports from a lot of sector is what makes the economy go. ings on this. If they really think we different businesses in Minnesota—I And the private sector can make a need a Federal worker compensation mentioned three of them earlier—that profit; and that can be good, up to the law, let’s have a hearing on it. Let’s have an ergonomics standard, a very point where you are putting people at discuss it. Is that what the Federal successful standard. Interestingly the workplace—or for that matter, the Government should do? At least I will enough, that is exactly what this water, or the air, or the land—in jeop- be comfortable that it is going through OSHA rule is patterned after—best ardy. the legislative process. practices by the private sector. I also Then what we said was, commercial My biggest objection to this is that hold in my hand this report by the Na- logic stops, and public interest logic the Clinton administration could not tional Academy of Sciences which is ti- starts. That is what is upsetting many get something through by legislation, tled ‘‘Musculoskeletal Disorders.’’ of my colleagues. What we have here is so they did it by regulation. I find that Again, this is precisely what many of a rule that is all about public interest. in contempt of Congress; I find it in the critics of this rule wanted. They What we have is a rule that says it is contempt of the Constitution, in viola- wanted the Academy to do a study. The important for the private sector to be tion of the Constitution, in violation of Academy did a study and they found as successful as possible; but there the OSHA law that was written in 1970, out some enormous problems in the comes a point when hard-working peo- as I plainly showed just a moment ago. workplace. ple are injured at the workplace—quite Some people are born to regulate. The Academy also found out there often disabled, quite often in pain, The author of this legislation states were, indeed, practices that could be quite often in pain for the rest of their exactly that. Martha Kent, who was put in effect that could make a huge lives, and never able to work again— the former Director of the OSHA Safe- difference in terms of lessening the in- when we get to that point, the com- ty Standards Program, in May of 2000, juries, lessening the disability, less- mercial logic stops and the public in- in an interview that she gave with the ening the pain. Interestingly enough, terest logic starts. American Industrial Hygiene Associa- again, this OSHA rule is really a reflec- Of course, unfortunately, because I tion, said this: tion of this Academy study. worry about the result tonight, for I absolutely love it. I was born to regulate. I think I have decided, after listening many working people, many ordinary I don’t know why, but that’s very true. So to this debate, that for some of my col- citizens do not own the capital; they do long as I’m regulating, I’m happy....I leagues—who are friends; but this is a not own the big companies. They just think that is really where the thrill comes from. And it is a thrill; it’s a high. policy disagreement—it never will be work hard. They work at these jobs. Do time for this kind of protection for our you know what else. People know they She may love to regulate. She also workforce, for the many men and are going to be in trouble. They know got into the legislative business. We women in our workforce. There are what the repetitive stress is doing to are in the legislative business. We more women than men in the work- them. They know what the effect is on should protect our legislative rights. place. their lower back from the lifting. They Her legislation may be well intended, I cannot believe that so many of my know it. They know they are going to but it is not very good. It is enor- colleagues have been so exercised be in trouble. They know they could be mously expensive. It needs to be throughout the day that OSHA, an disabled. stopped. And then let’s work together agency that has the mission of looking But this is a class issue. These men to see if we can do some things in a bi- out for the health and safety of work- and women do not have the options partisan fashion through the legisla- ers in the workplace, would promulgate that Senators have, and, frankly, most tive process, through the normal proc- a rule dealing with really one of the of our families have, and most of our ess—not jamming a reg through in the most serious problems in the work- friends have, which is to easily go to last couple days of a lame duck admin- place today—repetitive stress injury. other work. They do not have that op- istration—and come up with some I cannot believe the shock that I hear tion. things that will help American work- from Senators who are in favor of this So these ordinary citizens—which I ers. resolution, that OSHA, of all of the do not mean in a pejorative sense but This bill does not help American agencies, should promulgate a rule in a positive way—look to us. They workers. This bill would result in a lot which deals with repetitive stress in- look to Government. They look to Gov- of businesses going bankrupt, a lot of jury and would provide protection to ernment to be on their side. people losing their businesses, men and women at the workplace. I think it is a tragedy that this reso- unemploying people. That is not This is the mission of OSHA. This is lution could very well pass tonight. I healthy. That is not good for the Amer- a rule that has been 10 years in the think it is unconscionable that this ican workforce and certainly not good making—going all the way back to resolution could very well pass tonight. for technology. Elizabeth Dole and up to now. I believe, once again, the message of So I urge my colleagues to vote in I really think this debate is about an- passing this resolution tonight is to favor of the resolution. I again notify my colleagues there other issue, which I want to raise in say to many citizens in our country, will be a vote at 8:15 tonight. the few minutes I have remaining. I am who are not the big players and the Mr. President, I yield the floor. trying to understand the intensity of heavy hitters—and they are not power- Mr. WELLSTONE addressed the the opposition, since many of the argu- ful, and they are not high income, and Chair. ments I have heard made, I do not they do not have a lot of lobbyists—I The PRESIDING OFFICER. Who think fit with a lot of the facts, fit think the message to them is: You are yields time? with 10 years of work. I am trying to expendable. Mr. KENNEDY. I yield 12 minutes to figure out why the rush to judgment. We have heard about the cost—$100 the Senator. Why are my colleagues so determined billion. I am trying to figure out from The PRESIDING OFFICER. The dis- to overturn this rule which provides where in the world that comes. That is tinguished Senator from Minnesota is protection for people? And here is what a theoretical estimate, as far as I can yielded 12 minutes and is recognized. I have decided. tell, looking at the figures and trying

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1883 to figure out how anyone arrived at committed to OSHA or whether they It would be one thing to say we don’t that. I do know that OSHA says it is are not. Under the Reagan Administra- really need it because the States are $4.5 billion, but that is offset by sav- tion, injury rates increased from 7.6 per already doing it. They are not doing it ings. hundred in 1983 to 8.9 per hundred in because of the power of the special in- I have heard other Senators talk 1992. We had Administrators who were terest groups that have been resisting about savings—savings in that now not committed to OSHA. During the it. We haven’t heard, after all day long, people can work; savings in that people Clinton Administration, we had a re- one single example of one ergonomics do not have to go for workers comp; duction in injury rates from 8.6 per regulation that is supported by those savings in that people will be more pro- hundred in 1993 to 6.3 per hundred in who want to eliminate this rule. Not ductive. 1999. This is the lowest rate in OSHA’s one. I have listened. I have waited. I Do you know what I think is the 30-year history. These are lives that have sat here all day long. There is greatest savings of all? The greatest are saved. These are illnesses that are none, not a single one, because they savings of all, which apparently does prevented. These are protections for are not for any of it. not get figured into any of the dollars, America’s workers. That is what this And there is another misleading ar- is when you can have women and men issue is about. gument that has been made by my col- who can work to support their families, We hear, well, we didn’t elect those leagues with regard to states. They work without being injured, without people over at OSHA. We haven’t elect- claim that the ergonomics rule under- being in pain, without being disabled, ed the people at the FDA who promul- mines state workers’ compensation being able to live their lives, being able gate the rules and regulations to make laws. This is false. The WRP payments to support their families. sure our pharmaceuticals will be safe required by the rule are not workers’ That is what this rule is about. Don’t and efficacious. We require them to be compensation. Seventeen state attor- so. We rely on those rules and regula- trivialize this question. That is what neys general have written telling us tions. There are regulations to ensure this rule is about. I hope my colleagues that. will vote against this resolution. the safety of medical devices and cos- WRP is preventative. Workers will The PRESIDING OFFICER. The Sen- metics. not report ergonomic injuries if they We look to the Consumer Product ator from Massachusetts is recognized. will lose money to support their fami- Safety Commission to issue rules and Mr. KENNEDY. Mr. President, I yield lies. Only if those injuries are caught regulations to require safety in toys. myself 10 minutes. early can people be saved from perma- To hopefully dispose of some of the We look to the FAA to protect our air- line passengers. We look to the Clean nent disabilities. differences that have been expressed WRP and workers’ compensation are Air Act and the Clean Water Act to this evening about the size of the rule, entirely separate. The employer’s doc- make sure the air we breathe and the I stand by the actual OSHA standard, tor decides whether a worker gets water we drink will be pure. The offi- which is 8 pages long. It is written in WRP. All standards for eligibility for cials at EPA who issue regulations to plain English. It is accompanied by 16 do this are not elected. They promul- workers’ compensation remain un- pages of fact sheets and appendices. gate regulations. As a result of regula- changed. The remaining 583 pages that are being The standards which protect workers tions, we have the safest food in the mentioned here as part of the 600 pages from lead, benzene, cadmium, form- world. We have the best pharma- comprise the preamble and background aldehyde, methylene chloride and MDA ceuticals in the world. We have the materials required by the regulatory best medical devices. We have the include WRP, and the federal courts process. purest air and we have the cleanest have said it’s perfectly fine. It is interesting how the regulatory But we would kill this rule because water. Period. We have the safest process requires that. That is as a re- its opponents have the votes. This idea workplaces. Period. That is as a result sult of what they call the SBREFA and that, well, tomorrow we will pass a of regulation. Period. other laws that Congress has passed, as That brings us to what we are faced nice resolution to get the Department well as of Executive Orders of Presi- with tonight. We have a rule that is of Labor to work out something, they dent Reagan and former President targeted on the No. 1 health and safety ought to be able to do it quickly and Bush. This material is required. If my issue affecting workers in the work- everything will be hunky-dory, is balo- colleagues would like to do something place. As has been pointed out all day, ney. There isn’t the slightest chance in about it, let us get the Administration this does not come as a surprise. And it the world of it. to change that. Otherwise, this mate- was not in the last 4 days of the Clin- This is the first time in 30 years that rial will be required to be submitted. ton administration. It was the result of an OSHA rule is being overturned, as it I am a believer in OSHA. I mentioned more than 10 years of study. is here tonight. We ask ourselves why, earlier the progress that has been The fact is, those who are effectively why are we doing this when we know made. Let me mention very quickly eliminating this rule have to under- that there is a real problem? It isn’t what some of the results have been as stand what all of us understand: Over just us who know it is a problem, it is a result of the work of OSHA between the last 10 years, every single attempt the millions of Americans who are af- 1973 and 1998. to try to promulgate rules and regula- fected and hurt every year that say it In the area of manufacturing, you tions has been opposed and fought is a problem. Every group that has had 15 deaths per 100 full-time workers every step along the way. This has studied it has said it is a problem. in 1973. In 1998, that was down to 9.7. In been illustrated by many of our col- Every women’s group in the country the construction industry, the number leagues. There have been add-ons, rid- knows it is a problem. They are the was 19.8 in 1973. In 1998, it was 8.8, vir- ers to various appropriations. There ones who are bearing the burden. Sev- tually half. In total, the case rate in have been attempts to block new regu- enty percent of all the injuries happen mining, 12.5 percent in 1973; 4.9 percent lations right from the very beginning. to women in our society. in 1998. These are real results. These We are not coming to this as an insti- It is a big problem. According to the are lives saved. tution with clean hands because we Academy of Sciences, $50 billion worth You have a similar record in terms of know the forces that have been out of a problem. We know the problem is illnesses and occupational hazards. there for the last 10 years opposing any out there. We know there have been That is the result. ergonomics regulations. They are op- months, years of study, hearings, study I am not saying that every time posed to rules and regulations promul- after study after study out there to try OSHA promulgates a regulation it is gated by OSHA, but they are also op- to come forward with these regula- necessarily right, but what you have posed to rules and regulations that are tions. heard today on the floor of the Senate voluntary, developed by various busi- Now, in a matter of a few hours is a wholesale assault on the Occupa- ness groups. The business community today, we are virtually dismissing tional Health and Safety Administra- and the Chamber have been out there them. The proposal that is supported tion. opposing even those voluntary efforts. by the Republicans will deny OSHA the It does make a difference whether we They have been opposing every State opportunity to promulgate meaningful have Administrators of OSHA who are regulation. regulations in this area. The statute

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1884 CONGRESSIONAL RECORD — SENATE March 6, 2001 will not permit them to issue substan- Mrs. Smith is the mother of four. She 7,000 written comments. The rule- tially similar regulations. We will not used to work in a poultry processing making process was public and, obvi- be providing those protections. It is a factory in North Carolina. She cut ously, it was exhaustive. major weakening in terms of the pro- chicken breasts on a fast-moving line, Only after doing all of that did OSHA tections for American workers. using a dull knife, until she could not issue its final rule last November. This This it is for the 100 million Amer- hold the knife anymore. At 41 years ergonomics rule reflects an extraor- ican workers who today, tonight, and old, she was disabled by her work. She dinary amount of public comment and tomorrow go to workplaces, the more can’t work anymore. She can’t do a lot advice and the latest scientific under- than 6 million workplaces across the of things anymore. Listen to her words: standing of workplace injuries. Both country. If we are not going to protect I go to bed in pain. I wake up in pain. I the National Academy of Sciences and them now, there is no one who is going can’t do things like I used to—like playing the National Institute For Occupa- to protect them. football with my kids. I can’t fix a big meal tional Safety and Health—the leading We have a recommendation that has like I used to, or hang up clothes, or do yard experts—agree: ergonomic hazards in been studied and reviewed. We know work at all. I can’t even go to the grocery the workplace cause injuries. More- what is at risk. If we do not do this, we store because I can’t push the cart alone. over, these experts agree that minor know the people who are going to be Shirley Smith is, unfortunately, just modifications to the workplace can constantly hurt, working families one in a million. One in a million. prevent ergonomic injuries. So if being hurt day in and day out in the fu- The most recent report by the Na- ergonomics is as big a problem as we ture. tional Academy of Sciences found that, have been now told and if the minor This is our last chance. Unless we in 1999 alone, 1 million people took modifications called for in this OSHA protect them, the result is going to be time away from work to treat and re- rule can help, then why not allow it to devastating. cover from work-related ergonomic in- work? This resolution is antiworker, juries—a million people. That is 300,000 The rule the Department of Labor antiwoman, and, basically, I believe, a people more than live in the entire crafted is sensible, flexible and modest. political payoff for groups that have State of South Dakota. To begin with, it exempts many indus- been involved in fighting this and mak- More workers lose time from work tries such as agriculture and construc- ing the contributions to undermine the because of ergonomic injuries than any tion. In industries that are covered, the safety and security for American work- other type of workplace injury. That is rules contain only one universal re- quirement—one. It requires employers ers. a fact, not an assertion. One out of The PRESIDING OFFICER. The time every three workplace injuries serious to inform workers about signs and of the Senator has expired. enough to keep workers off the job is symptoms of ergonomic injuries and Mr. KENNEDY. This is wrong, Mr. caused by ergonomics. give them a way to report such inju- President. I hope it will not pass. The cost of these injuries is stag- ries. That is it. Only if an employee is injured, and The PRESIDING OFFICER. The time gering. When you add up compensation the employer determines the injury is of the Senator has expired. costs, workers’ medical expenses, lost work related, is the employer required Who yields time? wages, and lost productivity, it comes to take measures to address the job Mr. DASCHLE. Mr. President, I yield down, conservatively estimated, to $50 hazards. And when it is all said and myself 10 minutes of the time allocated billion a year. Carpal tunnel syndrome done, it is the employer who deter- to me. is one of the most common types of re- mines what constitutes an appropriate The PRESIDING OFFICER. The petitive motion injuries, causing work- remedy. This, to me, is the most re- Democratic leader is recognized. ers to lose more time from their jobs Mr. DASCHLE. Mr. President, let me than any other type of injury, even am- markable aspect of it all—who is the arbiter of the decision about work-re- begin by complimenting the Senator putation. The loss to businesses is im- latedness and what must be done to from Massachusetts for the extraor- mense. The cost to workers is even remedy the situation? The employer. dinary work, his leadership, the com- worse. The employer is the one who decides mitment he has made, and the passion Repetitive stress injuries are serious whether an employee has a work-re- and eloquence he has again dem- injuries. They can cause permanent lated injury. The employer makes the onstrated on this issue. No one cares crippling and unending pain. Women decision whether and how to address more deeply about working people and are especially at risk. While women the problem. has committed more of his public life make up 40 percent of the overall work- Does that sound onerous to you? to working people than has he. This force, they account for more than 64 Does it really sound like a one-size- fight, again, is an illustration of the percent of repetitive motion injuries. fits-all approach? I find it hard to be- deep, passionate commitment he holds Two out of every three women hurt on lieve that anybody could answer yes to for working Americans. I congratulate the job are hurt because of ergonomic those questions. But even if you do be- him and thank him. job hazards. lieve those things, this resolution of As others have noted, it was in 1990, Opponents of this ergonomics rule disapproval is exactly the wrong ap- over 10 years ago, then-Labor Sec- condemn it as an eleventh hour rule- proach. Instead of a deliberative and retary Elizabeth Dole announced that making by an outgoing administration. thoughtful review, the Congressional the Federal Government would take Let me tell you, that is not true. This Review Act is an all-or-nothing ap- what she called ‘‘the most effective all started, as I said a moment ago, by proach. After 10 years of work, it all steps necessary’’ to reduce ergonomic a Republican, the Secretary of Labor, comes down to 10 hours of debate and hazards that injure and cripple mil- Elizabeth Dole, when she announced, at not one hearing. With so much at lions of workers every year. the beginning of the rulemaking proc- stake, it strikes me that this is exactly It took 101⁄2 years of research and ess in August of 1990, that something the wrong way to proceed. three exhaustive studies, but we finally had to be done. There has to be a better way. There have a modest, reasonable ergonomics In 1992, her successor, also a Repub- is a better way. Instead of throwing out rule. And now, only after 10 hours of lican, then-Secretary Lynn Martin, this rule, OSHA could go back to the debate, with no public hearings, we are issued an advance notice of proposed drawing board today, under this admin- on the verge of wiping out that 10 rulemaking on ergonomics. For the istration’s guidance, and change the years’ worth of work. next 7 years, the Federal Government ergonomics rule in any way, shape, or Before we vote on this misguided examined virtually every study done form they wish. They could do it today. measure, let me be very clear. Men and on ergonomics and workplace injuries. They could start that process today. women across this country will be in- And before issuing a final rule, OSHA Under current law, all they have to jured and crippled because of the pres- extended the comment period just to be do is publish a notice of intent to re- sure for this quick political victory. sure they had given everybody a open the rule in the Federal Register Millions more will have to live with chance to comment. They held 9 weeks and provide an opportunity for public the same pain that Shirley Smith lives of public hearings, heard more than a comment, period. Instead of encour- with tonight. thousand witnesses, and reviewed over aging that sort of inclusive process,

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1885 this resolution constrains OSHA’s abil- cancer-causing gas, we were warned honor to serve in the Senate. I have ity to regulate in this area in the fu- that the entire plastics industry would heard them often. Every time we de- ture. We know that. fold. bate the wisdom of raising the min- Backers of this resolution insist that I add my voice to those who are ap- imum wage so that low-income work- it merely requires OSHA to rework its palled that the Senate is even dealing ers can make a livable wage and climb rule. I hope they are correct. I hope with the issue of reversing OSHA’s above the poverty line, we hear the ar- they are correct. rule. gument that unemployment rates will I hope that Secretary Chao will take It was during the Administration of surely rise. seriously her responsibility under the President George Herbert Walker Bush The fact it never happens does not Occupational Safety and Health Act to that the Labor Secretary, Liddy Dole, stop my earnest colleagues from mak- ‘‘assure, so far as possible, every work- began the 10-year long process that re- ing the exact same argument again the ing man and women in the Nation safe sulted in OSHA putting forth this regu- next time we have that debate. and healthful working conditions.’’ I lation to protect American workers. It is not just in the context of debat- hope she will read the rich record that During that 10-year period, every in- ing minimum wage that I recall the ar- was developed to support this rule. terested party—from business to labor, gument about businesses facing the I hope she will direct the Labor De- scientists and academics, politicians, prospect of having to shut down to partment to work aggressively to craft lobbyists and ordinary citizens—had comply with a Federal law or regula- a new rule. I trust she will not be mis- more than ample time to raise what- tion. led by those who oppose ergonomic ever concerns they had. The Occupa- In fact, virtually every time OSHA standards. tional Safety and Health Administra- issues a ruling, claims are made about I take for granted simple tasks such tion weighed the arguments and came the enormous costs businesses will as cooking dinner with my wife, dress- out with a regulation designed to pro- incur. In 1974, when OSHA issued a rul- ing myself, opening doors, and turning tect millions of American workers ing to reduce worker exposure to vinyl the page of a book. Shirley Smith can’t whose jobs often lead to various inju- chloride, a cancer-causing gas, we were take these things for granted. For her, ries and ailments. warned the entire plastics industry and millions of other Americans who I understand that some of my col- would fold. have been disabled on the job, these leagues may disagree with this regula- The industry said it would cost from simple tasks require heroic strength. tion. And they have every right to do $65 to $90 billion to meet the new By repealing this rule, we are letting so. They may even go so far as to sup- standard. OSHA estimated it would her down. port those who already have gone to cost one billion dollars. Who was right? Neither. I yield the floor. court to file legal challenges, or they OSHA overestimated by a factor of The PRESIDING OFFICER. The time may decide to work on legislation that four. The plastics industry got busy requested by the distinguished Demo- might in some way amend or negate and eliminated the vinyl chloride haz- cratic leader has expired. OSHA’s rule. That would be an appro- ard at a cost of just under $280 million. Mr. KENNEDY. I yield 2 minutes to priate way to proceed. They were off in their estimates by the Senator from Delaware. But this rushed debate is beneath the many billions of dollars. The PRESIDING OFFICER. The dis- Senate. We puff out our chests when The same thing happened when tinguished Senator from Delaware is people refer to us as ‘‘the worlds great- OSHA proposed limiting worker expo- recognized for 2 minutes. est deliberative body.’’ sure to cotton dust, and again with Mr. BIDEN. Mr. President, I am not Where’s the deliberation? formaldehyde, and again with lead, and going to go over the familiar argu- Where are the hearings? on and on. We hear about astronomical ments that are real, that this is about Where are the witnesses? dollar figures and the threat that busi- the wrong way to go about this. This How can we act with such impunity nesses and entire industries will come debate reminds me of a famous expres- after 10 years of work that took into to an end. sion attributed to Oliver Wendell account every expert out there, includ- Then, later, we learn that businesses, Holmes: Prejudice is like the pupil of ing the input of the National Academy using their creative skills, come up the eye: The more lights you shine on of Sciences? with innovative measures to deal with it, the more tightly it closes. I am not indifferent to the arguments the challenge, and solve their problems This is like a religious argument. made by my friends in the business in a cost-effective way. This is like a holy war. This is like the community. I know they feel that I say to my colleagues, let’s not get debate we are going to hear on the there are costs involved in imple- caught up in hyperbole. If there are le- bankruptcy bill: a lot of hyperbole and menting this rule, and these costs are gitimate questions, there are remedies talk about how bad this is. real. under our democracy. After 10 years of The fact of the matter is these argu- I ask my friends to look at some consideration, we cannot roll back ments sound very familiar. In fact, in facts. Injuries to workers are not bad these worker protections in just a few the many years I have had the honor of just for those individuals. There are hours of debate and then continue to serving in the Senate, I have heard real losses to employers in terms of refer to this institution as a ‘‘delibera- them often. Every time we debate the higher insurance costs and lost produc- tive body.’’ wisdom of raising the minimum wage tivity. We might as well just get rid of so low-income workers can make a via- Most business men and women under- OSHA entirely if we roll back this reg- ble living, we hear it is going to put stand this and are responsive because ulation. I know some of my colleagues people out of business. The fact is it it makes good business sense. I have think that is not such a bad idea, but never happens. It does not stop my ear- heard from those expressing their con- I cannot believe a majority of my col- nest colleagues from making the exact cerns with the OSHA regulation, but leagues think American workers, and same arguments again and again every these Delaware business people who are the institutions of government we re- time we raise the issue. out in front of the curve, who have al- vere, do not deserve better than what It is not just in the context of debat- ready taken precautionary measures to is proposed today. ing the minimum wage that I recall ar- protect their workers, who will not be The PRESIDING OFFICER (Mr. EN- guments about businesses facing the greatly affected because they value SIGN). The Senator’s time has expired. prospect of having to shut down to their employees and want to protect Who yields time? comply with Federal rules and regula- them from potential job-related harm. Mr. KENNEDY. Mr. President, as I tions. In fact, virtually every time Let me conclude by responding di- understand it, we have 21⁄2 minutes re- OSHA issues a ruling, claims are made rectly to my colleagues who argue that maining, and the remaining time will about the enormous costs businesses adhering to these guidelines is so oner- be used by the Senator from Wyoming. will incur. ous and expensive that it will put The PRESIDING OFFICER. The Sen- In 1974—and I am dating myself— many companies out of business. ator has 21⁄2 minutes. when OSHA issued the ruling to reduce These arguments sound familiar. In Mr. KENNEDY. The Senator from worker exposure to vinyl chloride, the fact, in the many years I’ve had the South Dakota has stated it so well in

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1886 CONGRESSIONAL RECORD — SENATE March 6, 2001 the final moments of this debate. We both houses of Congress to reject federal reg- which may be aggravated by work. They are being urged in the Senate, at the ulations that have an impact of at least $100 override existing state workers’ compensa- start of this administration, to reach million a year. In part because the regula- tion laws, mandating higher payments for ergonomic-related complaints. In short, they out our hand and try to find common tions must be rescinded within 60 days of final promulgation, Congress hasn’t really amount to a simplistic—and expensive— ground on public policy issues. We are used the weapon. That goes some way toward meat-ax solution for a complex scientific attempting to do that in areas of edu- showing how outrageous these last gasp Clin- puzzle that researchers still don’t fully un- cation, health care, and in many other ton ergonomics regulations must be. derstand. areas. That is what we want to do with Indeed, a glimpse at the details of the reg- They come at a huge cost. Although the this regulation. ulations reveals just how unreasonable they Occupational Safety and Health Administra- We would like to have the process are. For instance, employers must pay for up tion puts the price tag on its rules at $4.5 bil- to three doctor visits for employees com- lion, the Economic Policy Foundation followed where the President makes a gauges the cost to business at a staggering petition in the Federal Register and plaining of repetitive stress injury and the doctor can report no information about $125.6 billion. then there will be an opportunity to re- whether the condition was caused outside In their lame-duck haste, the Clinton team view this rule and do it in a sensible, the workplace. Businesswoman Tama Starr decided not to wait for a detailed report on responsible, bipartisan way, but not to recounts other glaring problems with the ergonomic injuries that had been commis- throw out 10 years of work. That is regs in her nearby essay. sioned by Congress and was being prepared what we are asking. That is what we President Clinton’s own Small business by the National Academy of Sciences. Administration estimates that the regula- The new workplace rules took effect Jan. are requesting. That is what we think 16. The report—which was intended to inform tions will cost firms between $60 billion and is reasonable and responsible to protect any debate about such rules—was released $100 billion a year. But the Occupational Jan. 17. the lives and well-being of our fellow Safety and Health Administration is none- Americans. The study provides some ammunition to theless able to claim the cost would be only both sides in this debate. It found that most On the other side, if they refuse to do $4.5 billion a year by factoring in dubious so, they are effectively saying that the common musculoskeletal disorders—ac- projections of health care cost savings. counting for 70 million visits to doctors’ of- interest of the workers, primarily Believe it or not, the AFL-CIO calls repet- fices a year—are caused by work conditions women, can be sacrificed on the chop- itive stress injuries ‘‘the number one job as well as ‘‘non-work factors.’’ According to ping block of political expediency. safety injury issue in America’’ and is call- the study, ‘‘the connection between the That is unacceptable. ing in its chits with Democrats by demand- workplace and these disorders is complex, If the safety of workers is going to be ing they vote to uphold the regulations. As partly because of the individual characteris- of now, Republicans have enough Democratic tics of workers—such as age, gender and life- compromised tonight, what will it be votes to prevail, but pressure to keep the tomorrow? Will it be the safety of our style.’’ regs is mounting. Among their most devout That study should now be the focus of de- food supply, the safety of our air, the backers are trial lawyers, who look at ergo- bate—and still can be. safety of our water, the safety of our nomic litigation as the potential Next Fron- The Congressional Review Act, passed in prescription drugs, the safety of med- tier of jackpot justice. 1996, allows Congress to get rid of regula- ical devices, the safety of our airports? Today’s ergonomics debate in the Senate tions within 60 days of the time they’re What will it be tomorrow? could send a signal to both employers and issued by federal agencies. If a ‘‘resolution of employees alike that regulatory reform is This is the wrong way to proceed. We disapproval’’ is approved by a majority in possible. It also will show which of the mod- the House and Senate and signed by the are saying let’s reach out and try to erate Democratic Senators who talk a good president, the rules are history. The act also work this out. Let’s not cast the inter- game about reducing burdens on business prohibits the regulations from being reissued est of the workers on the chopping will vote the same way. Employers should in ‘‘substantially the same form.’’ block. I urge my colleagues to vote pay close attention to how Senators A Senate vote could come as early as Tues- against this resolution. Liberman, Edwards and Kerry—all of whom day. The PRESIDING OFFICER. The Sen- are potential presidential candidates—end up It is in the best interests of employers and ator’s time has expired. voting. employees to make workplaces as safe as We have no doubt that ergonomic injuries possible. That keeps workers healthy and The Senator from Wyoming. are a growing problems in some occupations. saves money. But this was bad rule-making. Mr. ENZI. Mr. President, I yield my- Icing OSHA’s unworkable 600 pages of regu- Time for Congress to undo it. self the remainder of our time. I ask lations will still permit the Bush Adminis- Mr. ENZI. Mr. President, throughout unanimous consent, since I have lis- tration to issue ‘‘guidelines’’ to prevent inju- the day we have heard mention of tened so many times to the example of ries while it rewrites the rules. Should the newspapers that have said using this the chickens and the processing of the Congressional Review Act be triggered, for Congressional Review Act is the right once it will be the federal bureaucracy that chickens, that the response by the Sen- way to go, what OSHA has proposed is ator from Arkansas be printed in the will have to adapt its desires to the market- place rather than the otherway around. That the wrong way to go. We had this de- RECORD. alone makes today’s debate and vote worth bate in July. We said OSHA was not There being no objection, the mate- weighing in on. listening, they were proposing an rial was ordered to be printed in the Mr. ENZI. Mr. President, I ask unani- ergonomics rule that would not work, RECORD, as follows: mous consent that an editorial from and in a bipartisan way, this body [From the Wall Street Journal, Mar. 6, 2001] the Chicago Tribune be printed in the adopted an amendment to an appro- STRESSED POLITICS RECORD. priations bill that said they could not In the final days of the Clinton Adminis- There being no objection, the edi- do it for a year. That was to give us tration—and with apparently as much atten- torial was ordered to be printed in the some time to work on it. tion to detail as the pardon process—more RECORD, as follows: That passed on the other side, and than 600 pages of ergonomics regulations then, through the conference process, [From the Chicago Tribune, Mar. 6, 2001] were hastily finalized. These regulations it got messed up to the point where it ROLL BACK THE OSHA WORK RULES would force every employer to adopt a com- was moot. That was passed by both plete ergonomics program if just one ‘‘symp- Last November, the Clinton administra- tom’’ of stress is found in an employee, even bodies. tion did an end-run around Congress and That should have been a warning to if that employee developed the injury in ath- rushed into place a set of massively costly letics or weekend gardening. rules to govern repetitive-stress injuries in OSHA that we were concerned about This week, however, after 65 years of in- the workplace. Member of Congress have an the way they were doing the rule, that creasingly abdicating its lawmaking respon- opportunity this week to rescind those rules they were not listening to anybody. sibilities to federal bureaucrats, Congress and take an orderly, science-based approach OSHA forced a flawed process, and they may finally assert its authority and rescind to ergonomic injuries. wound up with a flawed rule. That is Mr. Clinton’s unworkable ergonomic regula- They should do just that. rogue rulemaking, and we cannot allow tions. Forcing a rewrite of repetitive stress Repetitive-stress injuries such as carpal it to happen. injury rules would not only save billions, but tunnel syndrome are, no doubt, a serious I am so thankful that Senator NICK- also shock bureaucrats into the realization problem. But the Clinton team’s answer was LES and Senator REID worked on a bill that if their rule making is too sloppy or un- to blame the workplace for causing them and scientific there are ways of stopping them. ask questions later. 5 years ago that makes this action pos- The debate that begins today in the Senate The rules effectively make employers sible. That was a bipartisan act to was made possible by the 1996 Congressional wholly liable for injuries that employees make sure that if agencies did some- Review Act. It allows a simple majority of may have suffered outside of work, but thing we did not like, especially in

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1887 light of the fact that we are charged things he always asked was how much our staff; they didn’t listen to any of with seeing that those agencies let us experience they had. A lot of times the committees. They went ahead and pass the laws, this was our opportunity they had a lot of experience—10, 20, 30 did what they wanted to do. to say: You did it wrong; we are going years of experience in the shoe busi- I talked about a flawed process. They to jerk the chain and make sure we do ness. One of the things he always told paid people to testify; they brought it right. That puts a huge responsi- me was that sometimes after he hired them in and practiced them; they re- bility on us. I do not think there is them he found out what they had was wrote their testimony; they paid them anybody in this body who does not 1 year of experience, 30 times. to tear apart testimony. What galls me think there is an ergonomics problem, That is what they got on OSHA. the most, they paid them to tear apart but what we want is a solution that Until they actually get to the point the testimony of the people testifying will help the worker, not just cost where they publish something that on the other side. money. people can look at and evaluate, you We cannot let that happen in the This is a little book of some of the don’t have but 1 year’s experience 10 United States. People have to have hearings my subcommittee held. We times. their own right to testify without have addressed these issues. It is in If it is flawed, it is still flawed. If it being taken on by government money. part where we know for sure that is a rotten tree, rotten to the core, you As I mentioned, this bill was pushed OSHA did not listen. We held hearings can’t just prune it. If it has a bad foun- by OSHA through a forced process and on the things they were talking about dation, you don’t want to build on it. they wound up with a forced rule. We and did not find any testimony in favor So we can’t take what has been done cannot let that rule stand. I ask Mem- of some of the things they were pro- and work on it. bers to vote for the resolution and to posing. Now, another comment made today vote against the OSHA rule. As one listened to the debate today, is the employers have all of this power, I ask for the yeas and nays. one would think every employer was the employer can say what is hap- The PRESIDING OFFICER. Is there a trying to hurt their employees. If they pening. Let me state what the em- sufficient second? do, they cannot stay in business; they ployer can’t do under this rule. If There is a sufficient second. need employees. During the course of somebody gets injured, he cannot talk The yeas and nays were ordered. the testimony given by the assistant to the doctor and find out how he got The PRESIDING OFFICER. The director of OSHA, I was fascinated to injured and how he could be saved from question is on the engrossment and see, since I had been in the shoe busi- it because he is not allowed to inves- third reading of the joint resolution. tigate that. That has always been a ca- ness before, that two New Balance shoe The joint resolution was ordered to pability under workers compensation. manufacturing facilities cut their be engrossed for a third reading and The employer has always been able to workers compensation costs from $1.2 was read the third time. million to $89,000 per year and reduced find out what hurt his employee and The PRESIDING OFFICER. The their lost and restricted workdays from how he could change it. question is on the passage of the joint 11,000 to 549 during a 3-year period. Another thing that is mentioned is resolution. The yeas and nays have I had to ask the assistant director this is only 8 pages of rules. I have to been ordered. The clerk will call the just what kind of a fine process they remind Members, whether it is 8, 400, roll. had to have in place to get these people 600 or 800—and it really is 800—it is not The assistant legislative clerk called to do this magnificent work. It is one like filling out your tax forms. If you the roll. of many examples. There are many ex- do a simple form, you probably only amples in here of employers who have have to do 2 pages, but if you only pay The PRESIDING OFFICER. Are there done the right thing and made huge attention to those 2 pages, you don’t any other Senators in the Chamber de- differences to their workers, as there pay attention to all the pages and reg- siring to vote? are examples of individuals who have ulations that come with it, you are not The result was announced—yeas 56, been hurt by work ergonomics. going to get it done right. I challenge nays 44, as follows: I had to ask: How much did you have anybody to be able to fill that thing [Rollcall Vote No. 15 Leg.] to fine these New Balance shoe folks to out without looking at a single ref- YEAS—56 get them to do that outstanding work? erence. Again, thousands of pages. Allard Fitzgerald McConnell You will not be surprised to find out That is what we are doing here, forc- Allen Frist Miller that his shocked answer was: We did ing on the American small business- Baucus Gramm Murkowski Bennett Grassley not have to fine them. Of course, you man thousands and thousands of pages Nickles Bond Gregg Roberts do not have to fine them. You have to of work. We showed some of the for- Breaux Hagel Santorum help them find solutions. That is what mulas they have to have. I think every- Brownback Hatch Sessions Bunning Helms Shelby this rule misses. body ought to have to be able to trans- Burns Hollings Smith (NH) It does not help anybody to know ex- late that formula before they vote Campbell Hutchinson Smith (OR) actly what to do, particularly if it is a Chafee Hutchison against the Review Act tonight. Snowe small businessman. They have to carry It has also been mentioned that we Cochran Inhofe Collins Jeffords Specter around 2 pounds’ worth of regulations spent millions of dollars for the Na- Craig Kyl Stevens and learn them well enough—it is not tional Academy of Sciences to do stud- Crapo Landrieu Thomas just 2 pounds; there are all those other ies. I have to say, some of the quotes DeWine Lincoln Thompson additions to it I mentioned—they have from the National Academy of Sciences Domenici Lott Thurmond Ensign Lugar Voinovich to learn them well enough to do the job remind me of some of the things that Enzi McCain Warner or they get fined substantially because people do with the Bible—a little bit of this rule is about fines. This rule is not selective reading. NAYS—44 about helping people and the small I have to say something about OSHA. Akaka Dodd Lieberman Bayh Dorgan Mikulski businessmen. We said wait. Did they wait? No, they Biden Durbin Murray The Senator from Iowa mentioned didn’t wait. Now we hear all the quotes Bingaman Edwards Nelson (FL) earlier he did not really know the rule about how the National Academy of Boxer Feingold Nelson (NE) that well, but then he does not have to Sciences said it is OK to do this rule. Byrd Feinstein Reed Cantwell Graham because we cannot be fined under this. Well, read that and I don’t think you Reid Carnahan Harkin Rockefeller Carper Inouye We do not have to meet these same ob- will agree that the National Academy Sarbanes Cleland Johnson ligations. Every small businessman in of Sciences thinks that is the proper Schumer Clinton Kennedy Stabenow this country is going to have to know way to go. Conrad Kerry that stuff or pay the price. But remember, OSHA didn’t even Corzine Kohl Torricelli We heard how 10 years of effort went wait to find that out. They were so ad- Daschle Leahy Wellstone Wyden into this. Every time people mention amant, so focused on doing exactly Dayton Levin that I think about my dad interviewing what they wanted to do; they didn’t lis- The joint resolution (S.J. Res. 6) was people for the shoe business. One of the ten to us; they didn’t listen to any of passed, as follows:

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1888 CONGRESSIONAL RECORD — SENATE March 6, 2001 S.J. RES. 6 toy gun, to make sure it will not pinch Cloakroom and watched the live tele- Resolved by the Senate and House of Rep- the finger of a child, but the National vision coverage of students and teach- resentatives of the United States of America in Rifle Association has made sure that ers running and hiding in an effort to Congress assembled, That Congress dis- this same agency has no authority to escape open gunfire at a school in a approves the rule submitted by the Depart- regulate the safety of a real gun that ‘‘safe neighborhood.’’ I remember the ment of Labor relating to ergonomics (pub- could blow off a child’s finger or worse. terror and shock on their faces. I re- lished at 65 Fed. Reg. 68261 (2000)), and such rule shall have no force or effect. Anyone—let me repeat, anyone—can member the child hanging out of the walk into a gun show today and walk window with one of his arms extended Mr. NICKLES. Mr. President, I move out with an unlimited supply of fire- and bloody. I remember the funerals of to reconsider the vote. arms—no documentation, no back- the 12 young students and the teacher Mr. KENNEDY. I move to lay that ground check, no questions asked. And who died as a result. Almost 2 years motion on the table. yet we express surprise when, year have passed since the Columbine trag- The motion to lay on the table was after year, our children are left de- edy. Now we have another high school agreed to. fenseless as they attempt to dodge bul- tragedy in another safe neighborhood, The PRESIDING OFFICER. The Sen- lets at their schools. We use words such but still Congress refuses to enact sen- ator from Virginia. as ‘‘tragedy’’ and ‘‘shock’’ to describe sible gun safety legislation. f the aftermath of school shootings, Last May mothers across America celebrated Mother’s Day, not by stay- MORNING BUSINESS when we know they are foreseeable—we know they are foreseeable. ing home with their families and cook- Mr. WARNER. Mr. President, I ask Some in this Senate have argued that ing their favorite dish or by getting unanimous consent that the Senate the reasonable gun safety legislation breakfast in bed. They went out and now be in a period of morning business we have proposed on this side of the marched. They marched against gun vi- with Senators speaking for up to 10 aisle will not reduce gun violence. olence. I joined them on the shore of minutes each. I think the distinguished They said the same thing about the Lake Michigan as hundreds, maybe Senator from Illinois is going to pro- Brady bill, too. They were wrong then; thousands gathered to make it clear to ceed, and then I shall return to follow they are wrong now. Congressmen and Senators alike that him. It is not enough to wait for deaths they had had enough as mothers. They The PRESIDING OFFICER. Is there caused by gun violence and then ‘‘en- called on Congress to pass common- objection? force the law’’ against those who vio- sense gun safety legislation. Several of Without objection, it is so ordered. late it. We must work to aggressively my colleagues and I participated in the The Senator from Illinois. prevent gun violence before it happens, march. These moms are mad. They will Mr. DURBIN. Mr. President, I ask not merely enforce the law after the have their day. unanimous consent to speak in morn- school shootings. This is a new Congress with a 50/50 ing business. We must cut off the avenues for chil- split. We found time in this new Con- The PRESIDING OFFICER. Without dren to obtain firearms. gress to consider voiding worker safety objection, it is so ordered. The American people are very clear legislation. We will find time in this f on this issue, but Congress drags its Congress to deal with bankruptcy, feet, offering empty excuses for why we clamping down on those who file for SCHOOL SHOOTINGS AND GUN cannot pass any gun safety legislation. bankruptcy but not on the credit in- SAFETY And what are the excuses? A back- dustry. And now, sadly, we will find Mr. DURBIN. Mr. President, I rise to- ground check at a gun show cannot be time for a lot of other issues other night to express my deep sadness for passed by Congress, according to the than gun safety. We haven’t heard any the families and victims of yesterday’s NRA, because it violates the second clamor from the other side about the high school shooting tragedy in Cali- amendment. Requiring a child safety need to address gun violence. Mothers fornia. lock to be sold with a handgun some- are burying their children before they Yesterday, Charles ‘‘Andy’’ Williams, how, according to the NRA, imposes an have a chance to raise them while this a 15-year-old high school student, unreasonable burden on gun stores and Congress stands idly by. snapped. By all accounts, this was a manufacturers. A 3-day waiting period Commonsense gun safety legislation, child who was a frequent victim of bul- for a handgun—well, the NRA says that that is all the American people are lies and was picked on by others at clearly violates our second amendment asking for. As yesterday’s shooting school. A troubled child is a sad reality constitutional right. tragedy in California tells us, this Con- in America today, but a troubled child This is a phony facade and a phony gress must act and act now. with a gun is a tragedy waiting to hap- argument, one that continues to en- I yield the floor and suggest the ab- pen. danger our children in the one place in sence of a quorum. Gun safety is not the only issue this their lives they should expect to be The PRESIDING OFFICER. The tragedy highlights. We need to encour- safe at every moment—at school. In all clerk will call the roll. The assistant legislative clerk pro- age adults and students to listen more likelihood, after the headlines on this carefully and take swifter action when ceeded to call the roll. most recent shooting will die down, Mr. REID. Mr. President, I ask unan- young people make threats of gun vio- this Congress will return to blissful ig- imous consent that the order for the lence. We need more counselors in our norance with respect to the gun prob- quorum call be rescinded. Nation’s schools who can help young lem in America. But how many more The PRESIDING OFFICER. Without people deal with the pressures of grow- tragedies, such as the one we have seen objection, it is so ordered. ing up. But we also must prevent trou- in California yesterday, have to happen Mr. REID. I ask unanimous consent bled children from obtaining firearms. before Congress finally takes action? that when the final order is entered Once again, I come to the floor to How many? this evening, the Democratic time for renew my plea—the American people’s Statistics from the Centers for Dis- morning business be controlled as fol- plea—for Congress to do the right ease Control reveal that gun violence lows: 10 minutes each for Senators thing, to pass commonsense gun safety takes the lives of over 30,000 Americans Feinstein, Feingold, and Lincoln, and legislation. We can continue to throw every year, including 4,000 children. No 15 minutes for Senator Clinton and our hands in the air, shrug our shoul- other nation on Earth has this many Senator BIDEN. ders, and hope this problem will go gun deaths. When will this problem be The PRESIDING OFFICER. Without away by itself—sadly, we know bet- big enough for Congress to care? Maybe objection, it is so ordered. ter—or we can begin to face the reality at 35,000 deaths, 40,000, 100,000? What Mr. REID. I suggest the absence of a of our situation: We live in a country will it take? quorum. populated by 281 million people and an I watched yesterday while this Cali- The PRESIDING OFFICER. The estimated 200 million firearms. fornia shooting tragedy unfolded, and I clerk will call the roll. Our Consumer Product Safety Com- couldn’t help but recall Columbine. The assistant legislative clerk pro- mission can regulate the design of a Only 2 years ago, I walked into that ceeded to call the roll.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1889 Mr. WARNER. Mr. President, I ask gether we have made tremendous meeting the needs of children with dis- unanimous consent that the order for strides in assuring that we keep that abilities. Every congressional Rep- the quorum call be dispensed with. promise. resentative who attended the hearing The PRESIDING OFFICER. Without Since I became Chairman of the spoke to the issue. Representative objection, it is so ordered. Health, Education, Labor, and Pen- HOOLEY and Representative BASS have f sions Committee in 1997, there have both introduced bills in the House to been significant increases in special fully fund Part B of IDEA. IDEA FULL FUNDING education funding. In fact, special edu- In 1975, we made a commitment to Mr. JEFFORDS. Mr. President, today cation funding has increased by 174 per- fully fund the Federal Government’s may be just another day in Wash- cent since 1996. For Vermont, the Fed- share of special education costs. If, 25 ington, but it is a special day in eral share has increased from $4.5 mil- years later, in this era of economic Vermont. Today is town meeting day, lion to $13.2 million. Even with this prosperity and unprecedented budg- when towns throughout Vermont go substantial increase, the Federal Gov- etary surpluses, we cannot meet this over their budgets line by line. This in- ernment still contributes less than 15 commitment, when will we keep this cludes a review of school budgets in percent of the APPE. pledge? many towns. In Vermont, where special Failure to live up to the commitment School districts are demanding finan- education referrals grow at a rate of of Congress means that the majority of cial relief. Children’s needs must be about 3.5 percent per year. With the the funding for special education for met. Parents expect accountability. cost of special education rising at a 8,000 Vermont students, and 6.1 million There is no better way to touch a rate that Vermont’s 287 school districts students across the country, currently school, help a child, or support a fam- can not sustain, the number one edu- comes from the States and from local ily than to commit more Federal dol- cation issue that will be discussed at school budgets. lars for special education. Personally, I these town meetings will be Federal Last year, I led three congressional do not believe anyone can rationally funding of special education. efforts to increase special education argue this is not the time to fulfill our Vermonters, like so many Americans funding. In April 2000, I sponsored an promise. across the country, understand that amendment to the budget resolution. In America, education is viewed as a these costs must be paid. All of our This amendment would have mandated right. Across the country, our Gov- children, those with disabilities and that the Federal Government increase ernors, school boards, education profes- those without, need and deserve the spending for special education by $2 sionals, and families of children with services and supports that will ensure billion each year, for 5 years. The disabilities identify fully funding for that they meet their educational goals. amendment, which would have raised special education as their number-one In 1975, responding to numerous Fed- Federal special education funding from priority. The American people have a eral Court decisions involving lawsuits $5 billion per year to close to $16 billion right to ask us, ‘‘if not now, when?’’ against a majority of the States, and per year, failed by three votes. In its Six million American students with growing concerns about the unconsti- place, the Senate approved, by a vote disabilities have a right to a free and tutional treatment of children with of 53 to 47, a substitute amendment appropriate public education. They de- disabilities, Congress passed Public that made my amendment a non- serve to participate in the American Law 94–142, now known as the Individ- binding sense of the senate resolution dream. uals with Disabilities Education Act. to fully fund special education. This This issue will not go away and nei- IDEA rightly guaranteed all children was definitely not the outcome I was ther will I. I intend to do all I can to with disabilities a constitutionally re- seeking. However, it was the second make sure we keep our promise to fully quired ‘‘free and appropriate public time the Senate has gone on record in fund the Federal share of special edu- education.’’ As a freshman Congress- support of fully funding the Federal cation. As we proceed with new initia- man, I was proud to sponsor that legis- Government’s share of special edu- tives and requirements for schools, let lation and to be a member of the Con- cation costs. After two decades in us also dedicate increased Federal ference Committee that negotiated the which full funding of IDEA was re- funds to meeting our existing obliga- differences in the House and Senate garded as more of a pipe dream than a tions to children with disabilities, fam- bills. commitment to be honored, Congress ilies, and the State and local education In passing Public Law 94–142, Con- finally seems to be taking its obliga- agencies that serve them. I believe this gress recognized that education is not tion seriously. is the most important education issue free. We recognized that children with Today, I am pleased to join my col- before our Nation, and I will continue disabilities often require specialized leagues in introducing legislation that to fight for it. services to benefit from education. will provide for mandatory increases in Mr. HARKIN. Mr. President, I strong- Congress assumed that the average special education funding at $2.5 billion ly support the ‘‘Helping Children Suc- cost of educating children with disabil- a year for each of the next 6 years. This cess by Fully Funding the Individuals ities was twice that of educating other bipartisan effort sets the course to with Disabilities Education Act, IDEA, children. At that time, 25 years ago, achieve full funding for Part B of IDEA Act.’’ This is a bi-partisan effort to Congress authorized the Federal Gov- by fiscal year 2007. The enactment of help our states provide a free and ap- ernment to pay up to 40 percent of the this bill will give relief to school dis- propriate public education to children additional costs associated with edu- tricts, resources to teachers, hope to with disabilities. As I’ve said time and cating children with disabilities. That parents, and opportunities to children again, disability is not a partisan issue. amount—often referred to as the IDEA with disabilities. It will free up State We all share an interest in ensuring ‘‘full-funding’’ amount—is calculated and local funds to be spent on such that children with disabilities and by taking 40 percent of the national av- things as better pay for teachers, more their families get a fair shake in life. erage per pupil expenditure, or APPE, professional development, richer and Currently, the State Grant program times the number of children with dis- more diverse curricula, reducing class within IDEA receives $6.34 billion. Esti- abilities being served under IDEA Part size, making needed renovations to mates by the Congressional Research B in each state. buildings, and addressing other needs Service suggest that the program needs While some may question whether of individual schools. To me, passage of to be funded at $17.1 billion for fiscal Congress made a commitment or set a this bill will provide the ultimate in year 2002 to meet the targets estab- goal, I am here to tell you, as someone local educational flexibility. lished in 1975. Our amendment would who was there at the time, we defi- Last week, Representative BURTON, obligate funding for IDEA annually in nitely made a pledge to fully fund the Chairman of the House Committee on roughly $2.5 billion increments over Federal share of special education. Government Reform, held a hearing on the next six years and would put us on Thanks to teachers and administra- IDEA. Every witness that testified track to meet our goal of 40 percent tors, advocacy organizations, parents identified insufficient special edu- funding. of children with disabilities, and the cation funding as the number one bar- In the early seventies, two landmark children themselves, I believe that to- rier that prevents schools from fully federal district court cases, PARC v.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1890 CONGRESSIONAL RECORD — SENATE March 6, 2001 Commonwealth of Pennsylvania and mittee, Rep. Albert Quie, explained: ‘‘I It disturbs me to see how the rec- Mills v. Board of Education of the Dis- do not know in the subsequent years onciliation process, designed to reduce trict Court of Columbia, established whether we will appropriate at those the debt, is now being used to rush a that children with disabilities have a [authorized] levels or not. I think what huge tax cut through the Congress with constitutional right to a free appro- we are doing here is laying out the limited debate and little if any oppor- priate public education. In 1975, in re- goal. Ignoring other Federal priorities, tunity to amend. An examination of sponse to these cases, Congress enacted we thought it acceptable if funding the legislative history surrounding pas- the Education of Handicapped Children reaches that level.’’ sage of the 1974 Act makes it clear that Act, EHA, the precursor to IDEA, to One of the important points in the the new reconciliation process was in- help states meet their constitutional Congressman’s statement is that we tended to expedite consideration of leg- obligations. cannot fund IDEA grant programs at islation that only reduced spending or Congress enacted PL 94–142 for two the cost of other important federal pro- increased revenues in order to elimi- reasons. First, to establish a consistent grams. That is why historically the nate annual budget deficits. This view policy of what constitutes compliance highest appropriation for special edu- was supported by over two decades of with the equal protection clause of the cation funding was in FY79, when allo- practice in which Congress used the 14th amendment with respect to the cations represented 12.5 percent APPE. Act to improve the fiscal health of the education of kids with disabilities. Over the last six years, however, as federal budget. If Congress insists on And, second, to help States meet their Ranking Member on the Labor-H Ap- enacting a massive tax cut, it should Constitutional obligations through fed- propriations Subcommittee, I have consider that bill in the normal course, eral funding. The Supreme Court reit- worked with my colleagues across the not through the reconciliation process erated this in Smith v. Robinson: aisle to almost triple the IDEA appro- which makes a mockery of the Con- ‘‘EHA is a comprehensive scheme set priation so that we’re now up to almost gressional Budget Act and its intended up by Congress to aid the states in 15 percent of the funding formula. purpose. I ask unanimous consent to complying with their constitutional This bill would help us push that have printed in the RECORD a legisla- obligations to provide public education number to 40 percent without cutting tive history of the Congressional Budg- for handicapped children.’’ into general education programs. et Act of 1974 and a history of the use It is Congress’ responsibility to help We must redouble our efforts to help of the Senate reconciliation process. States provide children with disabil- school districts meet their constitu- There being no objection, the mate- ities an education. That is why I tional obligations. And this increased rial was ordered to be printed in the strongly agree with the policy of this funding will allow us to increase dol- RECORD, as follows: bill and the infusion of more money lars to every program under IDEA ARGUMENTS AGAINST THE USE OF RECONCILI- into IDEA. As Senator JEFFORDS has through appropriations. Every program ATION TO CONSIDER TAX CUT LEGISLATION said before, this is a win-win for every- under IDEA must get adequate funds. SUMMARY one. Students with disabilities will be As I said, we can all agree that states I. The legislative history of the Congres- more likely to get the public education should receive more money under sional Budget Act of 1974 makes clear that they have a right to because school dis- IDEA. I thank Senator HAGEL, Senator the newly created reconciliation process was tricts will have the capacity to provide JEFFORDS, Senator KENNEDY and Sen- only intended to expedite consideration of such an education, without cutting ator DODD for their leadership on this legislation that reduced spending or in- into their general education budgets. issue. I encourage my colleagues to creased taxes in order to eliminate annual The Supreme Court’s decision regard- join us in support of this bill. budget deficits. II. The authors of Congressional Budget ing Garret Frey of Cedar Rapids, Iowa f Act of 1974 attempted to create a comprehen- underscores the need for Congress to RECONCILIATION AND DEFICIT sive new framework to improve fiscal dis- help school districts with the financial REDUCTION cipline with minimum disruption to estab- costs of educating children with dis- lished Senate procedure and practice. abilities. While the excess costs of edu- Mr. HOLLINGS. Mr. President, yes- III. The provisions of the Congressional cating some children with disabilities terday I introduced Senate Concurrent Budget Act of 1974 that provide expedited is minimal, the excess costs of edu- Resolution 20, a budget resolution for procedures to consider the budget resolution cating other children with disabilities, fiscal year 2002 that stays the course and reconciliation bills have always been with an emphasis on paying down the construed strictly because they severely re- like Garret, is great. strict the prerogatives of individual Sen- Just last week, I heard from the national debt. The resolution creates ators. Cedar Rapids/Iowa City Chamber of two reserve funds for tax reduction, IV. The Congressional Budget Act of 1974 Commerce that more IDEA dollars will one if the CBO reports the economy is has been amended numerous times to provide help them continue to deliver high in a recession and the other if CBO de- Congress the tools to improve fiscal dis- quality educational services to chil- termines we have a true surplus. The cipline and over two decades of practice dren in their school districts. This bill resolution does not contain any in- make clear that the reconciliation process structions to committees with regard has been used to reduce deficits. would provide over $300 million addi- V. The use of the reconciliation process to tional dollars to Iowa over the next six to reconciliation. enact a massive tax reduction bill, absent years. I’ve heard from parents in Iowa There has been a great deal of specu- any effort to reduce the deficit, is incon- that their kids need more qualified in- lation, fueled by statements made by sistent with the legislative history of the terpreters for deaf and hard of hearing the Senate Republican Leadership, Congressional Budget Act of 1974, contrary children and they need better mental that the reconciliation process estab- to over two decades of practice and under- health services and better behavioral lished in the Congressional Budget Act mines the most important traditions of the assessments. And the additional funds of 1974, would be used to enact the mas- Senate. will help local and area education sive $1.6 trillion tax cut proposed by LEGISLATIVE HISTORY OF THE CONGRESSIONAL the President. This is an abuse of the agencies build capacity in these areas. BUDGET ACT OF 1974 budget process and contrary to the In 1975, IDEA authorized the max- The contentious battles with the Nixon imum award per state as being the original purpose of the Act which was White House over the control of spending in number of children served times 40 per- to establish fiscal discipline within the 1973 and the chronic budget deficits that oc- cent of the national average per pupil Congress when it made decisions re- curred in 25 of the previous 32 years con- expenditure, known as the APPE. The garding spending and tax matters. I am vinced the Congress that it needed to estab- formula does not guarantee 40 percent the only original member of the Senate lish it’s own budget process. The Congress of national APPE per disabled child Budget Committee and have served on enacted the Congressional Budget Act of served; rather, it caps IDEA allotments the Committee since its inception in 1974, which was considered landmark legisla- 1974. In fact, I chaired the Senate Budg- tion and the first attempt at major reform of at 40 percent of national APPE. In the budget process since 1921. Through this other words, the 40 percent figure was a et Committee in 1980 and managed the effort the Congress sought to increase fiscal goal, not a commitment. first reconciliation bill with Senator discipline by creating an overall budget As the then ranking minority mem- DOMENICI, then the ranking minority process that would enable it to control fed- ber on the House Ed and Labor Com- member. eral spending and insure federal revenues

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1891 were sufficient to pay for the operation of simple tax surcharge bill for receipts short- tained in the Joint Study Committee bill the government. The budget reconciliation falls. have been eliminated because they would in- process was an optional procedure, estab- The House Rules Committee Report de- hibit the proper functioning of Congress. lished under the 1974 Act. From it’s incep- scribed the reconciliation process as follows: Second, budget reform must not become an tion, the reconciliation process was to facili- The September 15 concurrent resolution instrument for preventing Congress from ex- tate consideration of legislation late in the (and any permissible revision) would be con- pressing its will on spending policy. The fiscal year to eliminate projected deficits by sidered under the same rules and procedures original bill would have ruled out many floor changing current law to lower federal spend- applicable to the initial budget resolution. amendments, it would have also stunted the ing or to increase federal revenues in con- This final budget resolution would reaffirm free consolidation of appropriation meas- formance with the spending ceiling and rev- or revise the figures set forth in the first ures, it would have bound Congress to un- enue floor established in the annual budget budget resolution and in so doing would take usual and oppressive rules, and it would have resolution. account of the actions previously taken by given one-third of the Members the power to Any analysis of the reconciliation process Congress in enacting appropriations and thwart a majority’s effort to revise or waive must be done in the context of the crisis the other spending measures. The final budget such rules. Points of order could have been Congress faced in 1973 and the legislative his- resolution may call upon the Appropriations raised at many stages of the process and le- tory surrounding passage of the bill. The na- Committees to report legislation rescinding gitimate legislation initiatives would have tional debt had grown from approximately $1 or amending appropriations or the House been blocked. The constant objective of billion at the turn of the century to almost Ways and Means and Senate Finance Com- budget reform should be to make Congress $500 billion by 1973. The Congress was con- mittees to report legislation adjusting tax informed about and responsible for its budg- fronted by a President using his impound- rates or the public debt limit. Congress may et actions, not to take away its powers to ment authority as a budget cutting device not adjourn until it has adopted the final act. and to assert his own priorities on spending. budget resolution and any required imple- Third, budget reform must not be used to In a message to Congress on July 26, 1973, menting legislation. concentrate the spending power in a few President Nixon requested the enactment of Such implementing legislation would be hands. All members must have ample oppor- a $250 billion ceiling on fiscal 1973 expendi- contained in a budget reconciliation bill to tunity to express their views and to vote on tures. The request was renewed later in the be reported by the House Appropriations budget matters. On few matters is open and year in conjunction with legislation to raise Committee. If the total new budget author- unfettered debate as vital as the budget the temporary debt limit. Congress rejected ity contained in the appropriation bills or which determines the fate of national pro- the proposed spending ceiling because it the budget outlays resulting from them are grams and interest. While it may be nec- would have surrendered to the President its in excess of the totals set forth in the final essary to establish new budget committees constitutional responsibility to determine budget resolution, the Appropriations Com- to coordinate the revenue and spending sides national spending. However, Congress recog- mittee would include rescissions or amend- of the budget, these committees must not be nized the need for permanent spending con- ments to the appropriations bills in its budg- given extraordinary power in the making of trol procedures and in Section 301(b) of Pub- et reconciliation bill. This reconciliation bill budget policies. lic Law 92–599 it established a joint com- would contain a provision raising revenues Fourth, the congressional budget must op- mittee to review— to be reported by the House Ways and Means erate in tandem with and not override the Committee if estimated Federal revenues are well-established appropriations process. * * * the procedures which should be adopted less than the appropriate level of revenues Though its power of appropriation, Congress by the Congress for the purpose of improving set in the final budget resolution. (House Re- is able to maintain control over spending. congressional control of the budgetary out- port 93–658, p. 40) The power has been exercised responsibly lay and receipt totals, including procedures The Section by Section analysis of the bill and effectively over the years and it should for establishing and maintaining an overall in the House Rules Committee Report was not be diluted by the imposition of a new view of each year’s budgetary outlays which more explicit: layer of procedures. The purpose of the budg- is fully coordinated with an overall view of Sec. 133. Budget reconciliation bill to be et reform should be to link the spending de- anticipated revenues for that year. cisions in a manner that gives Congress the From the beginning there was concern that reported in certain cases This section requires the House Appropria- opportunity to express overall fiscal policy any new budget process not impede the tra- and to assess the relative worth of major ditional role of the committees that had ju- tions Committee to report a budget rec- onciliation bill (containing any necessary re- functions. risdiction over these matters nor dramati- Fifth, the budget controls procedures scissions or amendments to the annual ap- cally change the way each house of Congress should deviate only the necessary minimum propriations bill for the fiscal year involved) conducted it’s business. Consequently, 28 of from the procedures used for the preparation if the total budget authority or budget out- the 32 members of the Joint Study com- and consideration of other legislation. Undue lays provided by such bills exceeds the appli- mittee came from the committees on Fi- complexity could only mean the discrediting cable level established by the final budget nance, Ways and Means and from the Appro- of any new reform drive. While we must not resolution. priations Committee of both houses. The err with the simplistic approach taken in Joint Committees issued a final report on Sec. 134. Budget reconciliation bill to include 1947–49, neither must we load the congres- April 18, 1973 which was the starting point tax measure in certain cases. sional budget process with needless and ques- for the Senate Committee on Governmental The section requires the House Ways and tionable details. (House Report 93–658, p. 29) Operations and the House Rules Committee Means Committee to report (as a separate Senator Sam Ervin, Chairman of the Sen- in their work on the 1974 Act. title in the budget reconciliation bill) a tax ate Government Operations Committee in- The sixteen members of the House that measure to raise the additional revenue troduced S. 1541, to provide for the reform of participated in the Joint Study Committee needed if the estimated revenues for the fis- congressional procedures with respect to the introduced H.R. 7130, the Budget Control Act cal year involved are less than those set enactment of fiscal measures on April 11, of 1973, on April 18, 1973. The bill contained a forth in the final budget resolution. (House 1973. In explaining the need for the legisla- simple reconciliation process and authorized Report 93–658, p. 8). tion Senator Ervin stated: a year end tax surcharge bill to increase The House Rules Committee rejected many ‘‘The congressional procedures with re- taxes if the actual deficit was greater than of the most restrictive provisions in the bill spect to spending the taxpayer’s dollar are, projected or the actual surplus for that fiscal as introduced and enunciated five principles to say the least, in dire need of a major over- year was less than projected. The legislation that guided its consideration of the bill in haul, and have been for quite some time. provided for a narrowly targeted tax bill Committee. The following excerpt from the Since 1960, Federal spending has tripled, the that would increase revenues sufficient to House Committee Report demonstrates how inflation rate has tripled, the dollar outflow bring them in line with spending. H.R. 7130 important it was to the committee to craft a abroad has quadrupled, and the dollar has was reported by the House Rules Committee bill that improved fiscal discipline without been devalued twice—the first such devalu- on November 20, 1973 with a substitute riding roughshod over the prerogatives of ation since 1933, in the heart of the Great De- amendment which modified the section on members and dramatically altering the way pression. It has been 52 years since Congress tax reconciliation and added a new section to in which the House and Senate functioned: has done anything about shaping its basic create a reconciliation bill to rescind appro- Your committee decided to remove these tolls for controlling Federal expenditures. priations. The trigger for reconciliation was restrictive procedures and yet devise an al- The Budget and Accounting Act of 1921 was simplified in the reported version of the bill ternative that accomplishes the important the last major reform of the congressional which required rescission of appropriated need for budget control. Our work has been budgetary procedure, yet we are now spend- funds if actual spending was greater than the guided by a number of principles. ing nearly 100 times what we were spending spending aggregate in the resolution and, or First has been the commitment to find a yearly in the 1920’s.’’ (Congressional Record, a tax surcharge bill if actual revenues were workable process. Not everything that car- April 11, 1973, p. 7074) less than the revenue aggregates in the reso- ries the label of a legislative budget can be While S. 1541, as introduced, contained no lution. It was a minimalist approach to bring made to work. If the 1947–49 debacle is not to reconciliation procedures, the bill reported spending into compliance for that year with be repeated, the new process must be in ac- by the Senate Government Operations Com- the budget resolution by rescinding funds ap- cord with the realities of congressional budg- mittee on November 28, 1973 included a some- propriated earlier that year or by enacting a eting. The complicated floor procedures con- what convoluted enforcement process that

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1892 CONGRESSIONAL RECORD — SENATE March 6, 2001 relied on the rescission of appropriated funds required to participate in budget reductions statement of managers a scant summary of and if that could not be accomplished, across and allowed for the inclusion of tax measures the new process. It was not necessary to the board cuts in spending. The bill as re- to eliminate budget deficits. The Rules Com- elaborate since both the House and Senate ported, summarized the reconciliation proc- mittee report specifically identified revenue Rules Committees were explicit in their re- ess as follows: shortfalls as a major contributor to budget ports that reconciliation was to be used at Reconciliation process: determination of deficits. Approximately one and one-half the end of the fiscal year to reduce spending the total of the appropriations enacted; in pages were devoted to a discussion of rev- or increase taxes in order to eliminate budg- the event budget resolution ceilings are ex- enue shortfalls in the two page description of et deficits. It is inconceivable, given the leg- ceeded, reductions in certain of the appro- the reconciliation process. The following is islative history of the 1974 Act and the budg- priations should Congress desire in order to an excerpt from the report describing rec- et crisis confronting the Congress, that the conform to the budget resolution; consider- onciliation and emphasizes the importance conferences would create an expedited proc- ation and adoption of a second budget resolu- the committee attached to examining the ess to either reduce taxes or increase spend- tion should Congress desire to spend at levels tax base and increasing revenues when nec- ing. Under the Act, Congress was required to in excess of the original ceilings established essary: adopt two budget resolutions. Congress earlier; adjustments in certain appropria- Perhaps the most significant weakness in would pass its first budget resolution at the tions to conform to the latest budget resolu- the bill referred to the Committee was the beginning of the session that would provide tion; in the event of impasse on any of the failure to give sufficient attention to the non-binding targets and create the budg- foregoing steps, a pro rata reduction of all revenue aspect of Congressional budgeting. etary framework for the appropriations and appropriations to conform the ceilings en- This is not surprising in light of the fact other spending bills. Subsequently, Congress acted in the latest budget resolution. (Sen- that criticisms of Congressional spending would pass the necessary spending bills. Con- ate Report 93–579 p. 17) provided the principal impetus to the devel- gress was then required to pass a second The Senate bill was subsequently referred opment of this legislation. But it is a serious budget resolution no later than September 15 to the Senate Rules Committee on November omission when the source of the large Fed- which could be enforced by reconciliation al- 30, 1973. Senator Robert C. Byrd, the Assist- eral deficit (in the years preceding the cre- lowing the Congress to consider a bill or res- ant Minority Leader and a member of the ation of the Joint Study Committee on olution to bring spending and revenue into Rules Committee assembled a working group Budget Control) is more clearly identified. compliance with the second resolution. that made extensive revisions to the bill re- On closer inspection, this large and unex- In addition to a reconciliation bill, the ported by the Senate Government Operations pected addition to the debt—which some ob- conference committee created an alternative Committee. The group consisted of rep- servers believe contributed to the infla- reconciliation process that authorized the resentatives of the Chairmen of the ten tionary pressures—resulted largely from the delay in the enrollment of previously passed standing committees of the Senate, four revenue side of the balance sheet, and not appropriation and entitlement bills until the joint committees, the House Appropriations from higher spending. The difference be- amounts were reconciled with the budget Committee, the Congressional Research tween budget estimates and actual receipts resolution. The reconciliation resolution Service, and the Office of Senate Legislative for those three years is $27.7 billion, or 65% would direct the Secretary of the Senate or Counsel. The Senate Rules Committee of the difference between estimated and ac- the Clerk of the House to correct the enroll- sought a more practical approach that mini- tual deficits. ment of previously passed bills prior to sub- mized the impact on existing Senate proce- These three years are typical only in that mitting them to the President for signature. dure and practice. The Senate Rules Com- there were three consecutive shortfalls in This optional reconciliation process, added mittee Report stated: revenue. Moreover, for each year, the admin- in conference strongly suggests that the con- ‘‘The amendment in the nature of a sub- istration submitted a later estimate, which ference were not trying to expand the scope stitute formulated by the Committee on was even further from the actual results that of reconciliation, but instead were looking Rules and Administration retains the basic the original budget estimate. The typical for a quick way to make minor, last minute, purposes and framework of the bill. However, overestimate or underestimate for a given changes to previously passed legislation in it makes a number of changes designed to year is not far different from those for 1970– order to avoid budget deficits during the last tailor the new budgetary roles and relation- 1972. And, for fiscal policy purposes, an error two weeks of the fiscal year. ships more closely to the existing methods in either direction may be equally signifi- and procedures of the Congress. The intent cant. THE ABUSE OF THE RECONCILIATION PROCESS remains to equip Congress with the capa- Difference between revenue estimates and The Congressional Budget Act of 1974 was bility for determining Federal budget and actual receipts can, of course, be explained intended to provide a process that com- priorities. However, the Committee sought by several factors. One is the failure of the plemented existing House and Senate rules to devise a balanced and workable process economy to perform at predicted levels. But not supplant them. There is ample support in that recognizes the impact of budget reform there are cases where the estimates were the House and Senate Committee reports for on committee jurisdictions, legislative work- wide of the mark, even when the economic the proposition that the authors of the Act loads, and floor procedures.’’ (Senate Report forecasts were relatively accurate. There is wanted to minimize conflict with existing 93–688 p. 4) also the action of Congress in not following proceedings. There has been a constant ten- This is consistent with the view of the Sen- the President’s recommendations to increase sion between expediting the consideration of ate Government Operations Committee taxes, or in reducing taxes when he has not the budget and maintaining the important which had reported the bill earlier that Con- proposed it. In any case, it is clear that a rights members enjoy under the Senate rules gress. The Government Operations Com- sound congressional budget policy cannot be and precedents. The hallmark of Senate pro- mittee Report stated: based on the assumption that control of cedure is the ability of members to engage ‘‘The changes proposed by the Committee, spending levels is sufficient to achieve desir- freely in debate, to offer amendments and are, for the most part, designed to add a new able economic results. (Senate Report 93–688 the thread that ties all Senate procedure is and comprehensive budgetary framework to p. 868–9) the importance placed on preserving the the existing decision making processes, with During floor consideration of S. 1541, the rights of any minority in the Senate. This, minimum disruption to established methods Senate adopted the amendment proposed by and this alone, is what distinguishes Senate and procedures.’’ (Senate Report 93–579 p. 15) the Senate Rules Committee, in lieu of that procedure from that of the House of Rep- The Rules Committee explicitly rejected a of the Senate Government Operations Com- resentatives and forces Democrats and Re- reconciliation process that relied solely on mittee. The House and Senate passed their publicans to come to a consensus when con- rescission of appropriated fund to eliminate respective bills without amendment to the sidering major policy matters. Since the rec- deficit spending. Section 310 of the reported reconciliation proceedings reported by the onciliation bill would be considered late in bill authorized the Budget Committee (1) to House and Senate Rules Committees. The the session and would be narrow in scope specify the total amount by which new budg- Senate incorporated its amendment into providing expedited procedures which se- et authority for such fiscal year contained in H.R. 7130, and went to conference on the verely limit debate and the ability to amend laws under the jurisdiction of the various House bill. The conference committee re- seemed like a reasonable trade off in 1974. committees was to be changed and to direct ported the bill and retained much of the Sen- The Congressional Budget Act has been each committee to recommend such changes ate language regarding the scope of rec- amended numerous times since 1974 in a con- in law, (2) if that is unfeasible, direct that all onciliation with the exception of the provi- tinuing effort to impose greater fiscal dis- budget authority be changed on a pro rata sion authorizing pro rata reductions in cipline on budgetary matters. Congress has basis (3) specify the total amount by which spending bills. While the reconciliation proc- abandoned the practice of adopting a second revenues are to be changed and to direct the ess has evolved since 1974, Section 310(a) of budget resolution and now passes one bind- Finance Committee to recommend such the Act regarding the scope of reconciliation ing resolution that can include reconcili- changes and (4) specify the amount which has not changed significantly. The con- ation instructions if necessary. Additional the statutory limit on public debt was to be ference report was adopted overwhelmingly enforcement mechanisms have been added changed. The bill reported by the Senate by both houses and signed into law to be- that can be employed during the fiscal year Rules Committee broadened the application come Public Law 93–44. when considering tax and spending bills that of reconciliation to all committees, not just The conference committee on H.R. 7130 should have made it less likely that Congress appropriations. It required that all commit- adopted the Senate’s language regarding the would need to act at the end of the year to tees with jurisdiction over direct spending be scope of reconciliation and included in the reconcile the fiscal goals contained in the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1893 budget resolution with the legislation it because policy matters that do not have tating deficit reduction items became a mag- passes during the year. clear and direct budgetary consequences are net to other legislation which is unrelated to Just the opposite has occurred and Con- supposed to remain outside its scope. (Con- the objective of reducing the deficit. gressional leaders soon realized that rec- gressional Record, June 22, 1981, P. S6664-66) Mr. DOMENICI. There are a few things about onciliation could not be used to make major The traditions and precedents of the Sen- the U.S. Senate that people understand to be changes in revenue and direct spending laws ate were adhered to during consideration of very, very significant. One is that you have because of the compressed time for debate President Reagan’s tax and spending cut pro- the right, a rather broad right, the most sig- and the severe restrictions imposed on indi- posals in 1981. Appropriately, Congress used nificant right, among all parliamentary bod- vidual Senators. Despite the continued re- the reconciliation procedures to implement ies in the world to amend freely on the floor. forms and the improving fiscal health of the the spending cuts contained in the Omnibus The other is the right to debate and to fili- federal budget, there is still a strong interest Budget Reconciliation Act of 1981. However, buster. in enacting, through expedited procedures, the President’s tax cuts were brought before When the Budget Act was drafted, the rec- major legislation that has nothing to do the Senate as a free-standing bill. More than onciliation procedure was crafted very care- with the deficit reduction. Because of proce- one hundred amendments were debated and fully. It was intended to be used rather care- dural protections, reconciliation bills have disposed of in twelve days of debate. fully because, in essence, Mr. President, it proven to be almost irresistible vehicles for On October 24, 1985, the Senate debated and vitiated those two significant characteristics Senators to move all types of legislation. adopted the Byrd Rule by a vote of 96-0, as an of this place that many have grown to re- This abuse of the reconciliation process amendment to the Consolidated Omnibus spect and admire. Some think it is a mar- has been rectified in the past by Congress Budget Reconciliation Act of 1985. The rule velous institution of democracy, and if you collectively insisting that the Senate’s tra- was expanded in an effort to further limit lose those two qualities, you just about turn ditions be maintained. In 1981, the Senate the scope of the reconciliation process to this U.S. Senate into the U.S. House of Rep- Budget Committee reported a reconciliation deficit reduction and became Section 313 of resentatives or other parliamentary body. bill, S. 1371, the Omnibus Reconciliation Act the Congressional Budget Act. The following (Congressional Record, October 13, 1989, p. of 1981, which contained hundreds of pages of are excerpts from the debate on the amend- S13349–56) authorization provisions that had no impact ment: In recent years, the use of reconciliation on the deficit. The bill was viewed by the Mr. BYRD. Mr. President, the Senate is a has changed. The procedural protections of Senate authorizing committees as a conven- deliberative body, and the reconciliation the reconciliation process are not being used ient vehicle to pass numerous authoriza- process is not a deliberative process. It (is) to enact stand alone legislation that simply tions, many of which could not be passed as not a deliberative process. Such an extraor- reduces taxes. In 1996, the FY 1997 budget free standing bills. Both Republicans and dinary process, if abused, could destroy the resolution contained reconciliation instruc- Democrats viewed this as an abuse of the Senates deliberative nature. Senate commit- tions to create three separate reconciliation reconciliation process. Then Majority Leader tees are creatures of the Senate, and, as bills that if enacted would have resulted in a Howard Baker called up and adopted an such, should not be in the position of dic- net reduction in the deficit. The House and amendment which was co-sponsored by Mi- tating to the Senate as is being done here. Senate committees were authorized to report nority Leader Robert C. Byrd, and the Chair- By including material not in their jurisdic- three separate bills, one to reduce Medicaid man and Ranking Minority Member of the tion or matter which they choose not to re- costs through welfare reform, the second to Budget Committee, Senators Domenici and port as separate legislation to avail them- reduce Medicare costs and the third to re- Hollings which struck significant parts of selves of the non deliberative reconciliation duce taxes. Democratic Leader Daschle ar- the bill. The following is a colloquy during process, Senate committees violate the com- gued that this was an abuse of process be- debate on the amendment: pact which created both them and the rec- cause it directed the Finance Committee to Mr. BAKER. Aside from its salutary impact onciliation process. reconcile several subject matter specific on the budget, reconciliation also has impli- spending bills and for the first time con- cations for the Senate as a institution . . . I * * * * * tained instructions to reconcile a stand believe that including such extraneous provi- Mr. DOMENICI. Mr. President, as I was say- alone tax reduction bill. The conferees knew sions in a reconciliation bill would be harm- ing, I commend the distinguished minority that consideration of a tax reduction bill in ful to the character of the U.S. Senate. It leader. Frankly, as the Chairman of the reconciliation was a great departure from would cause such material to be considered Budget Committee, I am aware of how bene- past practices and the statement of man- under time and germaneness provisions that ficial reconciliation can be to deficit reduc- agers accompanying the conference report impede the full exercise of minority rights. tion. But I am also totally aware of what can justified it by arguing that the reconcili- It would evade the letter and spirit of rule happen when we choose to use this kind of ation tax cut bill was one of three reconcili- XXII. process to basically get around the Rules of ation bills when taken together would still It would create an unacceptable degree of the Senate as to limiting debate. Clearly, un- provide overall deficit reduction. The report tension between the Budget Act and the re- limited debate is the prerogative of the Sen- states: ‘‘while this resolution includes a rec- mainder of Senate procedures and practice. ate that is greatly modified under this proc- onciliation instruction to reduce revenues, Reconciliation was never meant to be a vehi- ess. the sum of the instructions would not only cle for an omnibus authorization bill. To per- I have grown to understand that this insti- reduce the deficit, but result in a balanced mit it to be treated as such is to break faith tution, while it has a lot of shortcomings, budget by 2002.’’ with the Senate’s historical uniqueness as a has some qualities that are rather excep- However, during floor debate on the FY form for the exercise of minority and indi- tional. One of those is the fact it is an ex- 1997 budget resolution, Senate Budget Com- vidual rights.’’ tremely free institution, that we are free to mittee Chairman Domenici went far beyond Mr. BYRD. Mr. President, if the reconcili- offer amendments, that we are free to take the justification for tax cuts contained in ation bill is adopted in its present form, it as much time as this U.S. Senate will let us the conference report and argued that a 1975 will do violence to the budget reform proc- to debate and have those issues thoroughly incident involving Senator Russell Long, ess. The reconciliation measure contains understood both here and across this coun- supported what seemed to be a novel idea in many items which are unrelated to budget try. (Congressional Record, October 24, 1985, 1996, that reconciliation was not intended savings. This development must be viewed in p. S14032–37) solely for deficit reduction and could be used the most critical light, to preserve the prin- On October 13, 1989, the Senate exercised a to enact tax cuts. A year after the 1974 Act ciple of free and unfettered debate that is the stringent application of the Byrd Rule. Ma- was passed, Senate Finance Committee hallmark of the U.S. Senate. jority Leader Mitchell, on behalf of himself, Chairman Russell Long came to the floor The ironclad parliamentary procedures and Minority Leader Robert Dole, offered a and announced that a small $6 billion bill to governing the debate of the reconciliation leadership amendment to strike extraneous reduce taxes was a reconciliation bill, even measure should by no means be used to provisions from the reconciliation bill, S. though there was never any reference to rec- shield controversial or extraneous legisla- 1750. The amendment went further than the onciliation as the Finance Committee moved tion from free debate. However, language is text of the Byrd Rule in order to limit the the bill through the Senate. In fact, the included in the reconciliation measure that scope of the bill to deficit reduction matters. budget resolution was passed six months would enact routine authorizations that The debate follows: after the tax bill in question had passed the have no budget impact whatsoever. In other Mr. MITCHELL. Mr. President, the purpose House and been referred to the Senate Fi- cases, legislation is included that makes and effect of this amendment may be nance Committee. Note the exchange that drastic alterations in current policy, yet, has summed up in a single sentence. The purpose took place between Senator Muskie, the no budgetary impact. of the reconciliation process is to reduce the Chairman of the Senate Budget Committee The reconciliation bill, if it includes such deficit. and Senator Vance Hartke regarding the use extraneous matters, would diminish the The amendment is lengthy, consisting of of this new process: value of rule XXII. The Senate is unique in many pages, words and numbers, but it has Mr. HARTKE. In other words, the chairman the way that it protects a minority, even a that fundamental objective. As I said when I of the Committee on the Budget has made an minority of one, with regard to debate and addressed the Senate a week ago Thursday, assumption that this is a reconciliation bill. amendment. The procedures that drive the the reconciliation process has in recent Mr. MUSKIE. No, may I say, the chairman reconciliation bill set limits on the normally years gone awry. The special procedures in- of the Committee on Finance has told me it unfettered process of debate and amendment, cluded in the Budget Act as a way of facili- is a reconciliation bill.

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Mr. HARTKE. The chairman of the Finance creases provided (for such fiscal years) in over 10 years. The legislation is not expected Committee can make a statement, but that such instructions relating to such bill or res- to contain any reductions in spending and does not make it the situation. The Com- olution. . . . the result of the proposed tax bill will be a mittee on Finance has not acted upon this While the provision limits floor amend- worsening the fiscal position of the federal being a reconciliation bill. There is no record ments, the clear inference when read in the government. If Congress provides sufficient of its being a reconciliation bill; there is no context of the overall section is that rec- room in the FY2002 budget resolution to mention of it in the report as being a rec- onciliation dealt only with decreasing spend- enact tax reductions there is absolutely no onciliation bill. Therefore, I think a point of ing or increasing taxes and any amendment reason to consider the bill in reconciliation, order would not be well in regard to any offered during reconciliation had to have an except to completely preclude the minority amendment, because it is not a reconcili- offset so as not to thwart deficit reduction. from participating in fashioning the bill. ation bill. This is a tax reduction bill. I can In 1966, during consideration of the FY 1997 The Senate is at a point, as it was in the see where the Senator may assume, but it is budget resolution, Democratic Leader 1980’s, when the use of reconciliation to an assumption which is not based on a fact. Daschle made several inquiries of the Chair enact legislation unrelated to deficit reduc- and the responses by the Presiding Officer * * * * * tion, threatens to undermine the most im- could be used to argue for a broader applica- portant traditions and precedents of the Sen- Mr. HARTKE. I am not chasing my tail. I tion in the use of reconciliation. However, ate and make a mockery of the congressional will point out, very simply, that in my judg- the point of order raised against the budget ment, this is a case where two Senators have budget process. In a recent article entitled, resolution by Senator Daschle, the ruling of ‘‘Budget Battles, Government by Reconcili- gotten together and agreed that this is a rec- the Chair and the subsequent appeal, all of onciliation bill and there is nothing in the ation,’’ in the National Journal on January which carry much more weight in Senate 9, 2001, the author, Mr. Stan Collender, an ex- record to show that it is a reconciliation bill. procedure, were quite narrow and allowed (Congressional Record, December 15, 1975, p. pert on the federal budget process, who this precedent to be distinguished in order to served as senior staff member of the House ?) preserve the integrity of the reconciliation This 1975 incident was ignored and not re- Budget Committee in the 1970’s states: process. The point of order raised by the ‘‘. . . At this point, there is talk about at lied upon until 1996, during consideration of Democratic Leader, given the particular rec- the FY 1997 budget resolution when it was least five different reconciliation bills—three onciliation instructions at issue can be sum- for different tax proposals and two for var- used by the Republican Leadership to prop marized as follows: It is inappropriate to up the argument for a stand alone tax reduc- ious entitlement changes. Still more are consider a stand alone reconciliation bill to being considered. Taking advantage of the tion bill in reconciliation. Prior to that, it cut taxes, even if the net impact of the three was viewed as an aberration that occurred at reconciliation procedures in this way would reconciliation bills taken together reduced not be precedent-shattering, though it would a time when Congress was trying to figure the deficit. The point of order raised by the out how to implement the new Budget Act. clearly be an extraordinary extension of Democratic Leader was not sustained and what has been done previously. Nevertheless, The 1975 incident was never viewed as a valid the appeal of the ruling by the full Senate precedent on reconciliation, since it basi- it would be the latest in what has become a was not successful. Note the point of order steady degradation of the congressional cally contradicted two decades of practice and the ruling of the Chair. where the sole focus of reconciliation has budget process. Reconciliation, which was Mr. DASCHLE. I argue that, because it cre- created to make it easier to impose budget been deficit reduction. The Chairman and ates a budget reconciliation bill devoted Ranking Member of the Senate Budget Com- discipline, would instead be used to make it solely to worsening the deficit, it should no easier to get around other procedural safe- mittee, Senators Hollings and Domenici did longer deserve the limitations on debate of a not give any credence to the 1975 incident guards with the result being more spending budget resolution. Therefore, I raise a point and lower revenues.’’ when they announced in 1980 that the budget of order that, for these reasons, the pending resolution under consideration that year, resolution is not a budget resolution. f would be the first time Congress attempted The PRESIDING OFFICER. All right. The THE FUTURE OF PROJECT IMPACT to use the reconciliation process provided in Chair will rule that the resolution is appro- the Budget Act. Senator Hollings, then the priate and the point of order is not sus- Mr. EDWARDS. Mr. President, I rise Chairman of the Senate Budget Committee tained. (Congressional Record, May 21, 1996, today to express my disappointment in made the following statement. p. S5415–7) President Bush’s decision to dis- ‘‘Today, we will take another step in the The Senate’s decision in 1996 to use rec- continue funding for the Federal Emer- practical application of the Budget Act’s de- onciliation to consider a stand alone tax cut sign. The reconciliation procedure has never bill, even in the context of overall deficit re- gency Management Agency’s Project before been employed. The action we take duction, was a major departure from the past Impact. today will set an important precedent for practice and over two decades of experience Project Impact is a nationwide pub- making the budget stick.’’ (Congressional in applying the Act. The 1996 precedent can lic-private partnership designed to help Record, June 30, 1980) and must be distinguished from recent ef- communities become more disaster re- Senator Domenici concurred with his forts to use reconciliation to enact tax cuts sistant. Each year, Congress appro- Chairman and made the following statement: where there is absolutely no attempt at def- priates literally billions of dollars in ‘‘Mr. President, I rise today to support the icit reduction. The procedural issues raised disaster relief money. Project Impact reconciliation bill that is now before the by using the reconciliation process to enact Senate. This is an historic moment, both for tax reductions, absent an overall effort to re- is our only program that provides fi- the institution and for the budget process duce the deficit, have not yet been joined by nancial incentives and support to State that this institution devised for itself in 1974. the Senate and remain an open question. and local governments that want to The first attempt to use the reconciliation While the reconciliation instructions of mitigate the damage of future disas- provisions in the Budget Act was made last the FY 1997 budget resolution taken as a ters. fall on the second budget resolution for fiscal whole arguably met the intended deficit re- Project Impact involves all sectors of year 1980.’’ (Congressional Record, June 30, duction goals, recent reconciliation instruc- the community in developing a mitiga- 1980) tions have completely perverted the intent tion plan that meets that community’s In addition, Congress passed the Gramm- of the 1974 Act. In 1999, the reconciliation Rudman-Hollings Balanced Budget and process was used by the Republican leader- unique needs. One of the program’s Emergency Deficit Control Act in 1985 which ship to allow for a $792 billion tax cut to be pilot projects is in Wilmington, NC. In further clarified the scope of reconciliation brought to the Senate floor. Unlike the FY that coastal community, the city gov- and made moot, any arguments that the 1975 1997 budget resolution, no argument was ernment has teamed with the State incident opened the door to a broader appli- made that the tax cut would actually lead to and county government and private cation of reconciliation. Section 310(d) was increased revenues or spending reductions. It groups like Lowe’s Hardware Store to added to the Congressional Budget Act to se- was the first time that reconciliation in- retrofit schools and shelters to make verely restrict amendments to reconciliation structions were issued and a revenue bill re- them less vulnerable to the frequent bills that did not have the affect of reducing ported pursuant to those instructions, man- the deficit. The language of Section 310(d)(2) dated a worsening of fiscal discipline for the hurricanes that plague my State. The is as follows: federal government. Again, in 2000, reconcili- University of North Carolina at Wil- (2) It shall not be in order in the Senate to ation was used to limit consideration of a mington also provides support for the consider any amendment to a reconciliation major tax cut proposal that had nothing to city’s efforts. That is the great thing bill or reconciliation resolution if such do with deficit reduction. about the Project Impact commu- amendment would have the effect of decreas- There has been a great deal of speculation, nities—they are using all available ing any specific budget outlay reductions fueled by the Senate Republican Leadership, agencies and organizations to ensure below the level of such outlay reductions that President Bush’s tax plan will be provided (in such fiscal years) in the rec- brought to the Senate floor with reconcili- safe and smart development. onciliation instructions . . . or would have ation protections. It is expected the legisla- Project Impact is a relatively new the effect of reducing Federal revenue in- tion will provide for at least $1.6 trillion and program, but it has already shown im- creases below the level of such revenue in- perhaps as much as $2.6 trillion in tax cuts portant results. In his recent budget

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1895 submission to Congress, the President Reihm accepted NASA’s top quality THE ELEVENTH ANNUAL described Project Impact as ‘‘ineffec- award—known as the George Low NATIONAL SPORTSMANSHIP DAY tive.’’ I strongly disagree, and there award—honoring ILC’s 100 percent mis- ∑ Mr. CHAFEE. Mr. President, today is are community leaders around the Na- sion success in planetary and space en- the 11th annual National Sportsman- tion that would take exemption to this vironments. ship Day, a day designated to promote description. For example, one of the While Mr. Reihm’s career has par- ethics, integrity, and character in ath- first Project Impact communities was alleled the NASA space program, under letics. I am pleased to say that Na- Seattle, WA. Experts agree that with- his leadership ILC has gone much far- tional Sportsmanship Day was a cre- out the area’s mitigation efforts ther to produce important advances for ation of Mr. Daniel E. Doyle, Jr., Exec- spurred by Project Impact, the damage the military including the M–40 series utive Director of the Institute for from last week’s earthquake could protective masks used by our soldiers International Sport at the University have been much worse. since the end of Desert Storm, the De- of Rhode Island. Participation this We cannot stop a hurricane, an militarized Protective Ensemble, Air- year will include more than 12,000 earthquake, or a tornado. But we can crew protective mask systems, collec- schools in all 50 States and more than save precious lives and limited Federal tive protection Chem-Bio shelters, and 101 countries. resources by encouraging States and lighter-than-air Aerostats used for This year, organizers of the National local governments to take preventative monitoring and detection. ILC has le- Sportsmanship Day aim to promote ap- measures to mitigate the damage. By veraged these initiatives into commer- preciation for the critical role of ethics discontinuing funding for Project Im- cial applications of protective suits, and fair play in athletics, and indeed, pact, this administration will severely flexible containment devices for the in society in general, through student- undercut ongoing mitigation programs Pharmaceutical industry, and adver- athlete outreach programs. I believe in all 50 States. Most importantly, by tising airships like the blimps seen so this mission is of critical importance, discontinuing this program rather than often at ball games. and I commend the athletes, coaches, working to refine it, the administra- Sonny Reihm is a Delawarean journalists, students, and educators tion sends a dangerous signal to States who are engaged in today’s activities. and local governments that the Federal through and through. He was born and As part of the day’s celebration, the Government no longer supports their raised on a farm in the Middletown/ Institute selects Sports Ethics Fellows efforts. Odessa/Townsend area of Delaware. He who have demonstrated ‘‘highly ethical I call on President Bush to reassess graduated from the University of Dela- behavior in athletics and society.’’ the benefits of this program and in- ware in 1960. Upon graduation, he This year, the Institute will honor such clude it in his final budget he sends to joined ILC as a project engineer when renowned athletes as Mia Hamm, mem- Congress. For the nearly 300 Project ILC was bidding on the Apollo pro- ber of the U.S. national soccer team Impact communities that are working gram. After leading the effort to suc- and Washington Freedom of the Wom- to make their communities safer, fully cessfully field the Apollo Space Suit, en’s United Soccer Association; Sergei funding Project Impact is the least we Mr. Reihm became the general man- Fedorov, three-time All-Star with the can do. ager of ILC in 1975. His mandate was to Detroit Red Wings; and Lenny f diversify the company to survive the post-Apollo mission, while still holding Krayzelburg, three-time gold medal ADDITIONAL STATEMENTS true to ILC’s tradition of serving U.S. Olympic swimmer. Grant Hill, a America with its unique technical past Sports Ethics Fellow and five- knowledge. Almost ten years later, in time All-Star with the Orlando Magic, ONE OF DELAWARE AND THE will talk about the importance of fair NATION’S FINEST 1984, after meeting the diversification challenge, Sonny became President and play both on and off the court to ap- ∑ Mr. BIDEN. Mr. President, Delaware, general manager of ILC. From 1975 to proximately 700 students at Rolling officially called ‘‘the First State’’ is today, he helped build ILC from a 25- Hills elementary School in Orlando, sometimes called, ‘‘the Diamond employee corporation, to a major busi- FL. State’’ and ‘‘the Small Wonder’’ be- ness player in our State and Nation. Another key component of National cause of the amazing quality Dela- With 450 employees today, ILC con- Sportsmanship Day is the Student- wareans bring and have brought to this tinues to provide needed innovations Athlete Outreach Program. This pro- Nation. One of the gems in the Dia- for NASA, for the military, and for gram encourages high schools and col- mond State is a company hidden near other American businesses. leges to send talented student-athletes the center in the small town of Fred- to local elementary and middle schools erica, DE. That company is ‘‘ILC As outstanding as it has been, Sonny to promote good sportsmanship and Dover.’’ ILC is best known as the sole Reihm’s business success is only one serve as positive role models. These designer, developer, and manufacturer portion of his larger commitment to students help young people build self- of the Apollo and Shuttle Space Suits. public service. He has served local and esteem, respect for physical fitness, The man who has outfitted America’s national communities throughout his and an appreciation for the value of astronauts for 40 years and helped life through his involvement in the teamwork. make manned space flight possible— University of Delaware Board of Trust- If all those activities were not serving the past 17 years as president ees, the Delaware Manufacturing Asso- enough, the Institute has begun an- and general manager of ILC—is retir- ciation, the National Defense Indus- other avenue to promote understanding ing. Homer Reihm, better known to his trial Association, the Soldier Biologi- and good character for youngsters. A friends and co-workers as ‘‘Sonny,’’ is a cal Chemical Command Acquisition program called ‘‘The No Swear Zone’’ local legend. It was Sonny Reihm who Reform Initiatives, the USO in Dela- was instituted in 1998 to encourage was ILC’s program manager for the ware, and the United Way. teams and coaches to sign a pledge to Apollo program on July 20, 1969, when On a more personal note, I am proud stop the use of profanity in sports and Neil Armstrong wore ILC’s space suit to call Sonny and his wife Nancy dear everyday life. on the Moon. friends. After his long, prodigious—in- I remain very proud that National ILC has continued to be true to its deed astronomic—career, Sonny has Sportsmanship Day was initiated in space heritage by making the suits earned many years of enjoyment in his Rhode Island, and I applaud the stu- worn by astronauts in the Shuttle and retirement with his wife, two daugh- dents and teachers who are partici- Space Station missions. As America ters and grandchildren. He exemplifies pating in the events of this inspiring has gone further into space, so has ILC, the commitment to excellence and the day. Likewise, I congratulate all of most recently by producing the Path- national good that make Delaware the those at the University of Rhode Is- finder Airbags that landed on Mars on Small Wonder and keep this Nation land’s Institute for International July 4, 1997. In 1998, in recognition of strong. It is my honor today to salute Sport, whose hard work and dedication ILC’s history of excellence in the serv- him and his many years of business and over the last eleven years have made ice of America’s space missions, Sonny community service.∑ this program so successful.∑

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1896 CONGRESSIONAL RECORD — SENATE March 6, 2001 NATIONAL SPORTSMANSHIP DAY— IN HONOR OF THE PRUDENTIAL EXECUTIVE MESSAGES REFERRED MARCH 6, 2001 SPIRIT OF COMMUNITY AWARDS As in executive session the Presiding 2001 STATE HONOREES FOR Officer laid before the Senate messages ∑ Mr. REED. Mr. President, today is PENNSYLVANIA from the President of the United the 11th Annual National Sportsman- ∑ Mr. SANTORUM. Mr. President, I States submitting sundry nominations ship Day, which is a unique program which were referred to the Committee that champions sportsmanship and en- stand before you today to recognize two outstanding students from the on Armed Services. hances student leadership and aca- great Commonwealth of Pennsylvania. (The nominations received today are demic skills. The object of the 2001 Na- Ms. Lindsay Stewart of Windber and printed at the end of the Senate pro- tional Sportsmanship Day is to pro- Mr. Alexander Gates of Palmyra have ceedings.) mote appreciation for the critical role just been named State Honorees in The f of ethics and honesty in athletics and 2001 Prudential Spirit of Community society through student-athlete out- REPORT ON TELECOMMUNI- Awards program. This program honors CATIONS PAYMENTS MADE TO reach programs, writing and art con- one high school student and one mid- tests, coaches’ forums and other activi- CUBA—MESSAGE FROM THE dle-level student in each state for out- PRESIDENT—PM 10 ties aimed at furthering the principles standing acts of volunteerism. They of sportsmanship. The PRESIDING OFFICER laid be- were selected from nearly 23,000 who fore the Senate the following message National Sportsmanship Day was were considered for this year’s pro- from the President of the United founded at the University of Rhode Is- gram. States, together with an accompanying land in 1991. Today, more than 12,000 el- Ms. Stewart was nominated by For- report; which was referred jointly to ementary, middle, and high schools, as est Hills High School where she is a the Committees on Appropriations and well as colleges and universities in all senior, for her creation of the ‘‘Human- Foreign Relations. 50 States and over 100 countries will itarian Club.’’ This club is dedicated to participate in the events planned to providing information about chemical To the Congress of the United States: As required by section 1705(e)(6) of help instill in young people the impor- brain disorders, and promoting toler- the Cuban Democracy Act of 1992, as tance of playing fair and the value of ance of understanding of individuals who suffer from them. Inspired by an amended by section 102(g) of the Cuban hard work and discipline. The Institute Liberty and Democratic Solidarity of Sport is also proud that National aunt afflicted with schizophrenia, Lindsay wanted to educate others (LIBERTAD) Act of 1996, Public Law Sportsmanship Day will be webcast 104–114, 110 Stat. 785, 22 U.S.C. over the Internet. Through online about mental illnesses. During the past three years of her program, more than 6004(e)(6), I transmit herewith a semi- interaction with featured guests, exclu- annual report detailing payments made sive interviews, and sportsmanship 300 people have experienced and learned from Lindsay’s Humanitarian to Cuba by United States persons as a polls, this event will harness the power result of the provision of telecommuni- Club programs. and expanse of the World Wide Web to cations services pursuant to Depart- Mr. Gates is an eighth grader at Pal- reach students and supporters here and ment of the Treasury specific licenses. myra Area Middle School, where he led around the world. GEORGE W. BUSH. an effort to erect a monument com- THE WHITE HOUSE, March 6, 2001. The organizers of National Sports- memorating Palmyra-area veterans manship Day have gathered some of who were killed in wartime military f the best of our nation’s sportsmen and service. Alexander’s design included a REPORT ON THE 2001 TRADE POL- women to serve as 2001 Sports Ethics six-foot obelisk inspired by his grand- ICY AGENDA AND THE 2000 AN- Fellows. By sharing their remarkable father, who is a World War II veteran. NUAL REPORT ON THE TRADE accomplishments athletes Grant Hill of He raised $8,250 to build the monument AGREEMENTS PROGRAM—MES- the Orlando Magic, soccer great Mia by selling granite bricks that would be SAGE FROM THE PRESIDENT— Hamm, Sergei Fedorov of the Detroit inscribed with contributors’ names and PM 11 Red Wings, and 2000 Olympic Gold Med- placed around the base of the memo- The PRESIDING OFFICER laid be- alist Lenny Krayzelburg, among oth- rial. Alexander included an inscription fore the Senate the following message ers, will help encourage young athletes on the obelisk that reads, ‘‘This monu- from the President of the United to strive and succeed by the rules of ment honors the spirit of self-sacrifice States, together with an accompanying fair play. And in so doing, these gifted which is necessary for the survival of a report; which was referred jointly to athletic heroes will inspire today’s ath- community. It honors those members the Committees on Appropriations and letes to impart on future athletes the of the community who paid the ulti- Finance. lessons of good sportsmanship. mate price so we can live in a free and just country.’’ To the Congress of the United States: Also part of this event and in its As required by section 163 of the I enthusiastically applaud Ms. Stew- third year is a program called ‘‘The No Trade Act of 1974, as amended (19 U.S.C art and Mr. Gates for their initiative in Swear Zone,’’ which is a pledge that 2213), I transmit herewith the 2001 seeking to make our communities bet- can be signed by athletes and coaches Trade Policy Agenda and 2000 Annual ter places to live, and for the positive to stop the use of profanity in sports Report on the Trade Agreements Pro- impact they have had on the lives of gram. and everyday life. Further, in conjunc- others. It is at times like these, when tion with National Sportsmanship Day, GEORGE W. BUSH. I am given the opportunity to see the THE WHITE HOUSE, March 6, 2001. the Institute for International Sport young people of our great nation make f will launch the Center for Sports Par- such a substantial difference, that I am enting. This online center will provide so proud to be an American. Lindsay EXECUTIVE AND OTHER an interactive service where parents, and Alexander have displayed great COMMUNICATIONS coaches, educators, and team officials maturity, leadership, and most impor- The following communications were involved in youth sports can seek guid- tantly, patriotism. With young people laid before the Senate, together with ance on youth sports. Indeed, it is like them growing as leaders in our accompanying papers, reports, and doc- equally important for adults involved communities, we can be assured that uments, which were referred as indi- in youth athletics to teach and lead in the future of the United States is very cated: the spirit of sportsmanship. bright. ∑ EC–908. A communication from the Direc- tor of the Corporate Policy and Research De- Sportsmanship needs to be taught to f each successive generation, and I com- partment, Pension Benefit Guaranty Cor- MESSAGES FROM THE PRESIDENT poration, transmitting, pursuant to law, the mend the Institute of Sport and all this report of a rule entitled ‘‘Benefits Payable in year’s participants for making sure Messages from the President of the Terminated Single-Employer Plan; Alloca- that this valuable life lesson continues United States were communicated to tion of Assets in Single-Employer Plan; In- to lead the way on and off the field.∑ the Senate by one of his secretaries. terest Assumptions for Valuing and Paying

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1897 Benefits’’ received on March 1, 2001; to the and technology, between institutions of cation Month’’; to the Committee on the Ju- Committee on Health, Education, Labor, and higher education and elementary schools and diciary. Pensions. secondary schools, and for other purposes; to EC–909. A communication from the Assist- the Committee on Health, Education, Labor, f ant to the Board of Governors of the Federal and Pensions. ADDITIONAL COSPONSORS Reserve System, transmitting, pursuant to By Mr. KYL: law, ‘‘Electronic Funds Transfers’’ (Docket S. 462. A bill to amend the Internal Rev- S. 88 No. R–1077) received on March 2, 2001; to the enue Code of 1986 to allow a credit against At the request of Mr. ROCKEFELLER, Committee on Banking, Housing, and Urban income tax for contributions to charitable the name of the Senator from Ken- Affairs. organizations which provide scholarships for tucky (Mr. BUNNING) was added as a co- EC–910. A communication from the Federal children to attend elementary and secondary Register Liaison Officer, Office of Thrift Su- schools; to the Committee on Finance. sponsor of S. 88, a bill to amend the In- pervision, Department of the Treasury, By Mrs. FEINSTEIN (for herself and ternal Revenue Code of 1986 to provide transmitting, pursuant to law, the report of Mr. FEINGOLD): an incentive to ensure that all Ameri- a rule entitled ‘‘Application Processing’’ S. 463. A bill to provide for increased access cans gain timely and equitable access (RIN1550–AB14) received on March 2, 2001; to to HIV/AIDS-related treatments and services to the Internet over current and future the Committee on Banking, Housing, and in developing foreign countries; to the Com- generations of broadband capability. Urban Affairs. mittee on Health, Education, Labor, and S. 154 EC–911. A communication from the Chief of Pensions. the Regulations Unit, Internal Revenue By Mr. BAYH (for himself and Mrs. At the request of Mr. SHELBY, the Service, Department of the Treasury, trans- CLINTON): name of the Senator from Missouri mitting, pursuant to law, the report of a rule S. 464. A bill to amend the Internal Rev- (Mr. BOND) was added as a cosponsor of entitled ‘‘T.D. 8944: Grouping Rule for For- enue Code of 1986 to allow a tax credit for S. 154, a bill to amend the Uniformed eign Sales Corporation Transfer Pricing’’ long-term care givers; to the Committee on and Overseas Citizens Absentee Voting (RIN1545–AX41) received on March 2, 2001; to Finance. Act to ensure uniform treatment by the Committee on Finance. By Mr. ALLARD: EC–912. A communication from the Deputy S. 465. A bill to amend the Internal Rev- States of Federal overseas absentee Associate Administrator of the Environ- enue Code of 1986 to allow a credit for resi- ballots, to amend titles 10 and 18, mental Protection Agency, transmitting, dential solar energy property; to the Com- United States Code, and the Revised pursuant to law, the report of a rule entitled mittee on Finance. Statutes to remove the uncertainty re- ‘‘Standards of Performance for New Sta- By Mr. HAGEL (for himself, Mr. JEF- garding the authority of the Depart- tionary Sources; Supplemental Delegation of FORDS, Mr. KENNEDY, Mr. DODD, Mr. ment of Defense to permit buildings lo- Authority to the State of Colorado’’ ROBERTS, Mr. HARKIN, Ms. COLLINS, cated on military installations and re- (FRL6951–1) received on March 2, 2001; to the Mrs. MURRAY, Ms. SNOWE, and Mr. serve component facilities to be used Committee on Environment and Public REED): Works. S. 466. A bill to amend the Individuals with as polling places in Federal, State, and EC–913. A communication from the Acting Disabilities Education Act to fully fund 40 elections for public office, and for Director of the Fish and Wildlife Service, De- percent of the average per pupil expenditure other purposes. partment of the Interior, transmitting, pur- for programs under part B of such Act; to the S. 177 suant to law, the report of a rule entitled Committee on Health, Education, Labor, and At the request of Mr. AKAKA, the ‘‘Endangered and Threatened Wildlife and Pensions. Plants; Final Designation of Critical Habitat By Mr. ROBERTS: name of the Senator from Louisiana for the California Red-Legged Frog’’ S. 467. A bill to provide grants for States to (Ms. LANDRIEU) was added as a cospon- (RIN1018–AG32) received on March 2, 2001; to adopt the Federal write-in absentee ballot sor of S. 177, a bill to amend the provi- the Committee on Environment and Public and to amend the Uniformed and Overseas sions of title 19, United States Code, re- Works. Citizens Absentee Voting Act to require uni- lating to the manner in which pay poli- f form treatment by States of Federal write-in cies and schedules and fringe benefit absentee ballots; to the Committee on Rules PETITIONS AND MEMORIALS programs for postmasters are estab- and Administration. lished. The following petitions and memo- By Mrs. FEINSTEIN: S. 250 rials were laid before the Senate and S. 468. A bill to designate the Federal building located at 6230 Van Nuys Boulevard At the request of Mr. BIDEN, the were referred or ordered to lie on the in Van Nuys, California, as the ‘‘James C. name of the Senator from Rhode Island table as indicated: Corman Federal Building’’; to the Com- (Mr. REED) was added as a cosponsor of POM–2. A petition from a citizen from the mittee on Environment and Public Works. S. 250, a bill to amend the Internal Commonwealth of Virginia concerning the By Mr. EDWARDS: Redress of Grievance; to the Committee on S. 469. A bill to provide assistance to Revenue Code of 1986 to allow a credit the Judiciary. States for the purpose of improving schools to holders of qualified bonds issued by f through the use of Assistance Teams; to the Amtrak, and for other purposes. Committee on Health, Education, Labor, and S. 255 INTRODUCTION OF BILLS AND Pensions. At the request of Ms. SNOWE, the JOINT RESOLUTIONS By Mr. BOND: name of the Senator from California The following bills and joint resolu- S. 470. A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act, the (Mrs. FEINSTEIN) was added as a co- tions were introduced, read the first Soldiers’ and Sailors’ Civil Relief Act of 1940 sponsor of S. 255, a bill to require that and second times by unanimous con- to ensure that each vote cast by such voter health plans provide coverage for a sent, and referred as indicated: is duly counted, and for other purposes; to minimum hospital stay for By Mr. SCHUMER (for himself, Mr. the Committee on Rules and Administration. mastectomies and lymph node dissec- BIDEN, Ms. SNOWE, Mr. BAYH, and Mr. By Mr. HARKIN (for himself, Mr. tion for the treatment of breast cancer SMITH of Oregon): BINGAMAN, Mr. KENNEDY, Mr. and coverage for secondary consulta- S. 458. A bill to amend the Internal Rev- WELLSTONE, Mrs. CLINTON, and Mr. tions. enue Code of 1986 to make higher education DODD): more affordable, and for other purposes; to S. 471. A bill to amend the Elementary and S. 295 the Committee on Finance. Secondary Education Act of 1965 to provide At the request of Mr. KERRY, the By Mr. BUNNING (for himself and Mr. grants for the renovation of schools; to the name of the Senator from Wyoming BREAUX): Committee on Health, Education, Labor, and (Mr. ENZI) was added as a cosponsor of S. 459. A bill to amend the Internal Rev- Pensions. S. 295, a bill to provide emergency re- enue Code of 1986 to reduce the tax on vac- f cines to 25 cents per dose; to the Committee lief to small businesses affected by sig- on Finance. SUBMISSION OF CONCURRENT AND nificant increases in the prices of heat- By Mr. WELLSTONE: SENATE RESOLUTIONS ing oil, natural gas, propane, and ker- S. 460. A bill to provide for fairness and ac- The following concurrent resolutions osene, and for other purposes. curacy in high stakes educational decisions S. 306 for students; to the Committee on Health, and Senate resolutions were read, and Education, Labor, and Pensions. referred (or acted upon), as indicated: At the request of Mr. TORRICELLI, the By Mr. FRIST: By Mr. COCHRAN: name of the Senator from California S. 461. A bill to support educational part- S. Res. 44. A resolution designating each of (Mrs. FEINSTEIN) was added as a co- nerships, focusing on mathematics, science, March 2001, and March 2002, as ‘‘Arts Edu- sponsor of S. 306, a bill to amend the

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1898 CONGRESSIONAL RECORD — SENATE March 6, 2001 Internal Revenue Code of 1986 to ex- Mexico (Mr. BINGAMAN), the Senator rights of our democracy. Our chronic pand the use of education individual re- from Maine (Ms. COLLINS), the Senator refusal as a nation to guarantee that tirement accounts, and for other pur- from Texas (Mrs. HUTCHISON), the Sen- right for all children, including poor poses. ator from Vermont (Mr. JEFFORDS), the children, is a national disgrace. S. 319 Senator from Louisiana (Ms. LAN- This legislation would stem the growing trend of misusing high stakes At the request of Mr. MCCAIN, the DRIEU), the Senator from Vermont (Mr. name of the Senator from Massachu- LEAHY), the Senator from Arkansas tests. The legislation would require that states and districts use multiple setts (Mr. KERRY) was added as a co- (Mrs. LINCOLN), the Senator from Ne- sponsor of S. 319, a bill to amend title vada (Mr. REID), and the Senator from indicators of student achievement in 49, United States Code, to ensure that Alabama (Mr. SESSIONS) were added as addition to standardized tests if they are going to use tests as part of a high air carriers meet their obligations cosponsors of S. 457, a bill to amend stakes decision. The legislation would under the Airline Customer Service title 38, United States Code, to estab- also require that if tests are used, they Agreement, and provide improved pas- lish a presumption of service-connec- must be valid and reliable for the pur- senger service in order to meet public tion for certain veterans with Hepatitis poses for which they are used; must convenience and necessity . C, and for other purposes. measure what the student was taught; S.J. RES. 6 S. 350 and must provide appropriate accom- At the request of Mr. ROBERTS, his At the request of Mr. CHAFEE, the modations for students with limited name was added as a cosponsor of S.J. names of the Senator from Pennsyl- English proficiency and disabilities. vania (Mr. SANTORUM), the Senator Res. 6, a joint resolution providing for It is important to note that the from Tennessee (Mr. FRIST), the Sen- congressional disapproval of the rule American Psychological Association, ator from Arkansas (Mr. HUTCHINSON), submitted by the Department of Labor the group entrusted with developing the Senator from Kentucky (Mr. BUN- under chapter 8 of title 5, United the standards for educational testing, NING), the Senator from Illinois (Mr. States Code, relating to ergonomics. has endorsed this legislation. Like FITZGERALD), the Senator from Colo- At the request of Mr. BUNNING, his many Americans who care deeply that rado (Mr. ALLARD), the Senator from name was added as a cosponsor of S.J. our students are assessed appro- New Mexico (Mr. DOMENICI), the Sen- Res. 6, supra. priately, they feel that it is crucial for ator from Arizona (Mr. MCCAIN), the S. RES. 16 us to stem a tide that it becoming in- Senator from South Dakota (Mr. At the request of Mr. THURMOND, the creasingly problematic. DASCHLE), the Senator from Maryland name of the Senator from Connecticut I would like to explain exactly why (Ms. MIKULSKI), the Senator from (Mr. DODD) was added as a cosponsor of this bill would be so important and Washington (Mrs. MURRAY), and the S. Res. 16, a resolution designating Au- why I seek your support for it. I am Senator from Massachusetts (Mr. KEN- gust 16, 2001, as ‘‘National Airborne struck by National Education Associa- NEDY) were added as cosponsors of S. Day.’’ tion President Bob Chase’s comparison 350, a bill to amend the Comprehensive S. RES. 43 of this trend toward high stakes test- Environmental Response, Compensa- At the request of Mr. MURKOWSKI, the ing to the movie, ‘‘Field of Dreams.’’ In tion, and Liability Act of 1980 to pro- name of the Senator from Oklahoma my view, it is as though people are say- mote the cleanup and reuse of (Mr. INHOFE) was added as a cosponsor ing, ‘‘If we test them, they will per- brownfields, to provide financial assist- of S. Res. 43, a resolution expressing form.’’ In too many places, testing, ance for brownfields revitalization, to the sense of the Senate that the Presi- which is a critical part of systemic enhance State response programs, and dent should designate the week of educational accountability, has ceased for other purposes. March 18 through March 24, 2001, as its purpose of measuring educational and school improvement and has be- S. 361 ‘‘National Inhalants and Poisons come synonymous with it. At the request of Mr. MURKOWSKI, the Awareness Week.’’ Making students accountable for test name of the Senator from Iowa (Mr. f scores works well on a bumper sticker, GRASSLEY) was added as a cosponsor of and it allows many politicians to look S. 361, a bill to establish age limita- STATEMENTS ON INTRODUCED good by saying that they will not tol- tions for airmen. BILLS AND JOINT RESOLUTIONS By Mr. WELLSTONE: erate failure. But it represents a hol- S. 411 low promise. Far from improving edu- S. 460. A bill to provide for fairness At the request of Mr. LIEBERMAN, the cation, high stakes testing marks a and accuracy in high stakes edu- name of the Senator from Rhode Island major retreat from fairness, from accu- cational decisions for students; to the (Mr. CHAFEE) was added as a cosponsor racy, from quality and from equity. of S. 411, a bill to designate a portion of Committee on Health, Education, When used correctly, standardized the Arctic National Wildlife Refuge as Labor, and Pensions. tests are critical for diagnosing in- wilderness. Mr. WELLSTONE. Mr. President, equality and for identifying where we today I am reintroducing a bill I intro- S. 414 need improvement. They enable us to duced last year that addresses high At the request of Mr. CLELAND, the measure achievement across groups of stakes testing: the practice of using a names of the Senator from Georgia students so that we can help ensure test as the sole determinant of whether (Mr. MILLER) and the Senator from Ne- that states and districts are held ac- a student will be graduated, promoted vada (Mr. REID) were added as cospon- countable for improving the achieve- or placed in different ability groupings. sors of S. 414, a bill to amend the Na- ment of all students regardless of race, I am increasingly concerned that high tional Telecommunications and Infor- income, gender, limited English pro- stakes tests are being grossly abused in mation Administration Organization ficiency or disability. Tests are a crit- the name of greater accountability, Act to establish a digital network tech- ical tool, but they are not a panacea. and almost always to the serious det- nology program, and for other pur- The abuse of tests for high stakes riment of our children. poses. purposes has subverted the benefits Testing is necessary and beneficial. tests can bring. Using a single stand- S. 420 We should require it. But, allowing the ardized test as the sole determinant for At the request of Mr. GRASSLEY, the continued misuse of high-stakes tests promotion, tracking, ability grouping name of the Senator from Nebraska is, in itself, a gross failure of imagina- and graduation is not fair and has not (Mr. NELSON) was added as a cosponsor tion, a failure both of educators and of fostered greater equality or oppor- of S. 420, an original bill to amend title policymakers, who persistently refuse tunity for students. First, standardized II, United States Code, and for other to provide the educational resources tests can not sufficiently validly or re- purposes. necessary to guarantee an equally rich liably assess what students know to S. 457 educational experience for all our chil- make high stakes decisions about At the request of Ms. SNOWE, the dren. That all citizens will be given an them. names of the Senator from Delaware equal start through a sound education The 1999 National Research Council (Mr. BIDEN), the Senator from New is one of the most basic, promised report, ‘‘High Stakes,’’ concludes that

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1899 ‘‘no single test score can be considered asked about the Stanford 9. He said, sponsibility as policy makers to invest a definitive measure of a student’s ‘‘They should never make high-stakes in improving students’ lives, we place knowledge,’’ and that ‘‘an educational individual decisions with a single the responsibility squarely on children. decision that will have a major impact measure of any kind,’’ including the It is simply negligent to force children on a test taker should not be made Stanford 9. to pass a test and expect that the poor- solely or automatically on the basis of Politicians and policy makers who est children, who face every disadvan- a single test score.’’ continue to push for high stakes tests tage, will be able to do as well as those The ‘‘Standards for Educational and and educators who continue to use who have every advantage. Psychological Testing,’’ 1999 Edition, them in the face of this knowledge When we do this, we hold children re- which has served as the standard for have closed their eyes to clearly set sponsible for our own inaction and un- test developers and users for decades, professional and scientific standards. willingness to live up to our own prom- asserts that: ‘‘In educational settings, They demand responsibility and high ises and our own obligations. We con- a decision or a characterization that standards of students and schools while fuse their failure with our own. This is will have a major impact on a student they let themselves get away with a harsh agenda indeed, for America’s should not be made on the basis of a defying the most basic standards of the children. single test score.’’ education profession. All of us in politics like to get our Even test publishers, including Har- It would be irresponsible if a parent picture taken with children. We never court Brace, CTB McGraw Hill, River- or a teacher used a manufactured prod- miss a ‘‘photo op.’’ We all like to say side and ETS, consistently warn uct on children in a way that the man- that ‘‘children are our future.’’ We are against this practice. For example, ufacturer says is unsafe. Why do we all for children until it comes time to Riverside Publishing asserts in the ‘‘In- then honor and declare ‘‘accountable″ make the investment. Too often, de- terpretive Guide for School Adminis- policy makers and politicians who use spite the talk, when it comes to mak- trators’’ for the Iowa Test of Basic tests on children in a way that the test ing the investment in the lives of our Skills, ‘‘Many of the common misuses, manufacturers have said is effectively children, we come up a dollar short. of standardized tests, stem from de- unsafe? Noted civil rights activist Fannie pending on a single test score to make Many of my colleagues will remem- Lou Hamer used to say, ‘‘I’m sick and a decision about a student or class of ber how 8,600 students in New York tired of being sick and tired.’’ Well I’m students.’’ City were mistakenly held in summer sick and tired of symbolic politics. CTB McGraw Hill writes that ‘‘A va- school because their tests were graded When we say we are for children, we riety of tests, or multiple measures, is incorrectly or how 54 students in Min- ought to be committed to invest in the necessary to tell educators what stu- nesota were denied their diplomas be- health, skills and intellect of our chil- dents know and can do . . . the mul- cause of a test scoring error. dren. We are not going to achieve our tiple measures approach to assessment When we talk about responsibility, goals on a tin cup budget. Unless we is the keystone to valid, reliable, fair what could be more irresponsible than make a real commitment and fully information about student achieve- using an invalid or unreliable measure fund key programs like Head Start, ment.’’ as the sole determinant of something Title I and IDEA, and unless we put our There are many reasons tests cannot so important as high school graduation money where our mouth is, children be relied upon as the sole determinant or in-school promotion? will continue to fail. We must never stop demanding that in making high stakes decisions about It has been clearly established children do their best. We must never students. The National Research Coun- through research that high stakes tests stop holding schools accountable. cil describes how these tests can be un- for individual students, when used in Measures of student performance can reliable. The Council concludes that ‘‘a isolation, are fatally flawed. I would, include standardized tests, but only student’s test score can be expected to however, also like to address a general when coupled with other measures of vary across different versions of a test, issue that this bill does not address di- achievement, more substantive edu- . . . as a function of the particular rectly, but that I think is really what cation reforms and a much fuller, sus- all of this is about in the end. The sample questions asked and/or transi- tained investment in schools. tory factors, such as the student’s trend towards high stakes testing rep- health on the day of the test. Thus, no resents a harsh agenda that holds chil- By Mr. FRIST: single test score can be considered a dren responsible for our own failure to S. 461. A bill to support educational definitive measure of a student’s invest in their future and in their partnerships, focusing on mathematics, knowledge.’’ achievement. I firmly believe that it is science, and technology, between insti- The research of David Rogosa at grossly unfair, for example, to hold tutions of higher education and ele- Stanford University shows how test back a student based on a standardized mentary schools and secondary scores are not valid, in isolation, to test if that student has not had the schools, and for other purposes; to the make judgements about individual tools required to learn the material Committee on Health, Education, achievement. His study of California’s covered on the test. When we impose Labor, and Pensions. Stanford 9 National Percentile Rank high stakes tests on an educational Mr. FRIST. Mr. President, I rise Scores for individual students showed system where there are, as Jonathan today to introduce the Math and that the chances that a student whose Kozol says, ‘‘savage inequalities,’’ and Science Education Partnership Act. true score is in the 50th percentile will then we do nothing to address the un- This bill will encourage States, institu- receive a reported score that is within derlying causes of those inequalities, tions of higher education, elementary 5 percentage points of his true score we set up children to fail. schools and secondary schools to work are only 30 percent in reading and 42 People talk about using tests to mo- together to improve the math and percent on ninth grade math tests. tivate students to do well and using science teaching as a profession. Rogosa also showed that on the Stan- tests to ensure that we close the The purpose of this act is many fold. ford 9 test ‘‘the chances, . . . that two achievement gap. This kind of talk is Through partnering schools with high- students with identical ‘‘real achieve- unfair because it tells only part of the er education institutions, the bill pro- ment’’ will score more than 10 per- story. We cannot close the achieve- poses to encourage institutions of high- centile points apart on the same test’’ ment gap until we close the gap in in- er education to assume greater respon- is 57 percent for 9th graders and 42 per- vestment between poor and rich sibility for improving math and science cent on the fourth grade reading test. schools no matter how ‘‘motivated’’ teacher education through the estab- This margin of error shows why it some students are. We know what lishment of a comprehensive, inte- would not be fair to use a cut-score in these key investments are: quality grated system of recruiting and advis- making a high stakes decision about a teaching, parental involvement, and ing such teachers. Such partnerships child. early childhood education, to name will bring together math and science Robert Rayborn, who directs just a few. teachers in elementary schools and sec- Harcourt’s Stanford 9 program in Cali- But instead of doing what we know ondary schools with scientists, mathe- fornia reenforced these findings when will work, and instead of taking re- maticians, and engineers to increase

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1900 CONGRESSIONAL RECORD — SENATE March 6, 2001 teacher content knowledge and im- grated system of recruiting and advising (B) 65 percent of the costs for the second prove teaching skills through the use such teachers; such year; and of more sophisticated laboratory space (2) focus on education of math and science (C) 50 percent of the costs for each of the and equipment, computing facilities, teachers as a career-long process that should third, fourth, and fifth such years. continuously stimulate teachers’ intellec- (2) NON-FEDERAL SHARE.—The non-Federal libraries and other resources that col- tual growth and upgrade teachers’ knowl- share of the costs of activities assisted under leges and universities are more able to edge and skills; this Act may be provided in cash or in kind, provide. (3) bring together elementary school and fairly evaluated. The bill authorizes the Secretary of secondary school math and science teachers SEC. 5. APPLICATION. the Department of Education to award with scientists, mathematicians, and engi- (a) IN GENERAL.—Each eligible partnership neers to increase teacher content knowledge competitive grants to eligible partner- desiring a grant under this Act shall submit and improve teaching skills through the use ships for a period of 5 years. The part- an application to the Secretary at such time, of more sophisticated laboratory space and nerships will include a state, a math or in such manner, and accompanied by such in- equipment, computing facilities, libraries, formation as the Secretary may require. science department of an institution of and other resources that colleges and univer- higher education, and a local school sities are more able to provide; and (b) CONTENTS.—Each such application shall district. A priority will be given to (4) develop more rigorous mathematics and include— those districts with a high poverty rate science curricula that are aligned and in- (1) an assessment of the teacher quality and a high number of teachers teaching tended to prepare students for postsecondary and professional development needs of all study in mathematics and science. the entities participating in the eligible out of their subject area. partnership with respect to the teaching and SEC. 3. DEFINITIONS. A partnership may use the grant learning of mathematics and science, includ- (a) INCORPORATION OF GENERAL DEFINI- funds to develop more rigorous mathe- ing a statement as to whether the eligible TIONS.—The provisions of section 14101 of the matics and science curricula based on partnership includes a high need local edu- Elementary and Secondary Education Act of standards, to recruit math and science cational agency; 1965 (20 U.S.C. 8801) shall apply for purposes (2) a description of how the activities to be majors to teaching through bonuses, of this Act in the same manner as they apply carried out by the eligible partnership will stipends for alternative certification for purposes of the Elementary and Sec- be aligned with State and local standards and scholarships, and to establish math ondary Education Act of 1965. and with other educational reform activities (b) OTHER DEFINITIONS.—In this Act: and science summer workshops for that promote student achievement in mathe- (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eli- teachers. Each eligible partnership re- matics and science; gible partnership’’ means a partnership ceiving a grant under this Act must de- (3) a description of how the activities to be that— velop an evaluation and accountability carried out by the eligible partnership will (A) shall include— be based on a review of relevant research, plan that includes the following objec- (i) a State educational agency; and an explanation of why the activities are tives and measures: improved student (ii) a mathematics or science department expected to improve student performance performance on state math and science of an institution of higher education; and and to strengthen the quality of mathe- assessments or on the Third Inter- (iii) a local educational agency; and matics and science instruction; and (B) may include— national Math and Science Study as- (4) a description of— (i) another institution of higher education sessment; increased participation by (A) how the eligible partnership will carry or the teacher training department of such students in advanced courses in math out the authorized activities described in institution; and science; increased percentages of section 6; and (ii) another local educational agency, or an (B) the eligible partnership’s evaluation secondary school classes in math and elementary school or secondary school; and accountability plan described in section science taught by teachers with majors (iii) a business; or 7. in math and science; increased num- (iv) a nonprofit organization of dem- bers of math and science teachers who onstrated effectiveness, including a museum. (c) PRIORITY.—The Secretary shall give pri- ority to any application submitted by an eli- participate in content-based profes- (2) HIGH NEED LOCAL EDUCATIONAL AGEN- gible partnership that includes a high need CY.—The term ‘‘high need local educational sional development activities; and local educational agency. passing rates of students in advanced agency’’ has the meaning given the term in courses in math and science. section 201(b) of the Higher Education Act of SEC. 6. AUTHORIZED ACTIVITIES. Each partnership will be required to 1965 (20 U.S.C. 1021(b)). An eligible partnership shall use the grant (3) SUMMER WORKSHOP OR INSTITUTE.—The funds provided under this Act for 1 or more report the progress made toward these term ‘‘summer workshop or institute’’ of the following activities related to elemen- objectives to the Secretary annually. means a workshop or institute conducted tary schools or secondary schools: The Secretary will then determine outside of the academic year that— (1) Developing or redesigning more rig- whether or not the partnership is mak- (A) is conducted during a period of a min- orous mathematics and science curricula ing substantial progress in meeting its imum of 2 weeks; that are aligned and intended to foster col- goals. I urge my fellow colleagues to (B) provides for direct interaction between lege placement and preparation for postsec- cosponsor the Math and Science Edu- students and faculty; and ondary study in mathematics and science. cation Partnership Act. (C) provides for followup training in the (2) Creating opportunities for enhanced and classroom during the academic year for a pe- I ask unanimous consent that the ongoing professional development that im- riod of a minimum of 3 days, which shall not proves the academic content knowledge of text of the bill be printed in the be required to be consecutive, except that— mathematics and science teachers. RECORD. (i) if the program at the summer workshop (3) Recruiting mathematics and science There being no objection, the bill was or institute is for a period of only 2 weeks, majors to the teaching profession through ordered to be printed in the RECORD, as the followup training shall be for a period of the use of— follows: more than 3 days; and (A) signing bonuses and performance bo- (ii) for teachers in rural school districts, S. 461 nuses for mathematics and science teachers; followup training through the Internet may (B) stipends for mathematics teachers and Be it enacted by the Senate and House of Rep- be used. science teachers for certification through al- resentatives of the United States of America in SEC. 4. GRANTS AUTHORIZED. ternative routes; Congress assembled, (a) IN GENERAL.—The Secretary is author- (C) scholarships for teachers to pursue ad- SECTION 1. SHORT TITLE. ized to award grants, on a competitive basis, vanced course work in mathematics and This Act may be cited as the ‘‘Mathe- to eligible partnerships to enable the eligible science; matics and Science Education Partnership partnerships to pay the Federal share of the (D) scholarships for students with aca- and Teacher Recruitment Act of 2001’’. costs of carrying out the authorized activi- demic majors in mathematics and science; SEC. 2. PURPOSE. ties described in section 6. and The purpose of this Act is to encourage (b) DURATION.—The Secretary shall award (E) carrying out any other program that States, institutions of higher education, ele- grants under this section for periods of 5 the State believes to be effective in recruit- mentary schools, and secondary schools to years. ing individuals with strong mathematics or participate in programs that— (c) FEDERAL SHARE.— science backgrounds into the teaching pro- (1) upgrade the status and stature of math (1) IN GENERAL.—The Federal share of the fession. and science teaching as a profession by en- costs of the activities assisted under this Act (4) Promoting strong teaching skills for couraging institutions of higher education to shall be— mathematics and science teachers and teach- assume greater responsibility for improving (A) 75 percent of the costs for the first year er educators, including integrating reliable math and science teacher education through an eligible partnership receives a grant pay- research-based teaching methods into the the establishment of a comprehensive, inte- ment under this Act; curriculum.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1901 (5) Establishing mathematics and science S. 462. A bill to amend the Internal your scholarship fund was my only summer workshops or institutes and fol- Revenue Code of 1986 to allow a credit hope.’’ lowup training for teachers, using curricula against income tax for contributions to Yet another mother wrote, ‘‘I cannot that are experiment-oriented, content-based, charitable organizations which provide begin to tell you how grateful I am for and grounded in current research. (6) Establishing web-based instructional scholarships for children to attend ele- this opportunity to send my children materials for mathematics and science mentary and secondary schools; to the to a private school. As a low-income teachers using curricula that are, experi- Committee on Finance. mother of four wonderful children with ment-oriented, content-based, and grounded Mr. KYL. Mr. President, I rise today great potential, I would not be able to in current research. to introduce legislation that will pro- provide this chance for them without (7) Designing programs to prepare a teach- vide new educational options to the your help. er to provide professional development in- students who need those options the This particular mother goes on to struction to other teachers within the par- most. say, ‘‘I have chosen,’’ I cannot put ticipating teacher’s school. While many Americans are satisfied enough stress on that word, ‘‘chosen a (8) Designing programs to bring teachers into contact with working scientists, mathe- with the public schools available to school that will help nurture the seeds maticians, and engineers to increase teach- their children, we know that there are of greatness in them. I am sure that ers’ content knowledge and enhance teach- also many who are not, and with good with this opportunity to succeed, my ers’ instructional techniques. reason. children will be successful and con- (9) Designing programs focusing on chang- In large urban school districts, a ma- tribute greatly to society in the fu- ing behaviors and practices of teachers to as- jority of students drop out before high ture.’’ sist novice teachers in developing confidence school graduation. Nearly 70 percent Mr. President, in 1997, leaders in my in their skills to increase the likelihood that are unable to read at the so-called state settled on a plan to help the pri- such novice teachers will continue in the teaching profession, and to generally im- ‘‘basic’’ level. And all too frequently, vate sector to satisfy that vast unmet prove the quality of teaching. violence and entrenched mediocrity demand for options. They instituted a SEC. 7. EVALUATION AND ACCOUNTABILITY create a climate where learning is ac- state tax credit that allows Arizona PLAN. tually discouraged. residents to claim a dollar-for-dollar Each eligible partnership receiving a grant No wonder caring parents in such cir- income tax credit for donations to under this Act shall develop an evaluation cumstances want alternatives. school tuition organizations, like the and accountability plan for activities as- We have seen compelling evidence of Children’s Scholarship Fund. sisted under this Act that includes strong the pent-up demand for different op- Thanks to that program, 4,000 Ari- performance objectives. The plan shall in- tions when private organizations have clude objectives and measures for— zona students, nearly all of them from (1) improved student performance on State invited low-income parents to apply for disadvantaged backgrounds, have re- mathematics and science assessments or on partial scholarships that could be used ceived scholarship assistance that has the Third International Math and Science at a non-public school. made it possible for them to enroll in a Study assessment; Usually, these private scholarship school of their choice. The number of (2) increased participation by students in programs are structured in such a way school tuition organizations operating advanced courses in mathematics and that, to be eligible for an award, a low- in the state has shot up from 2 to 33. science; income family must agree to con- The legislation I am introducing (3) increased percentages of secondary tribute a significant portion of the today would extend this Arizona idea school classes in mathematics and science taught by teachers with academic majors in total tuition bill. nation-wide, and I am pleased that my mathematics and science, respectively; The results are striking: In 1997, two Arizona colleague, Congressman JOHN (4) increased numbers of mathematics and distinguished business leaders, Ted SHADEGG, will introduce this legisla- science teachers who participate in content- Forstmann and John Walton invited tion this week in the House of Rep- based professional development activities; applications for one thousand partial resentatives. and tuition scholarships from families here By way of tribute to President Bush’s (5) increased passing rates of students in in the District of Columbia. Nearly more comprehensive education pro- advanced courses in mathematics and eight thousand applications were re- posal, I have given this bill the title, science. ceived. ‘‘The Leave No Child Behind Tax Cred- SEC. 8. REPORT; REVOCATION OF GRANT. In 1998, they formed an organization it Act of 2001.’’ (a) REPORT.—Each eligible partnership re- ceiving a grant under this Act shall report called the Children’s Scholarship Fund The Leave No Child Behind Tax Cred- annually to the Secretary regarding the eli- to apply the idea on a national basis. it Act would allow a family or business gible partnership’s progress in meeting the They planned to offer 40,000 scholar- to claim a $250 tax credit for donations performance objectives described in section ships. 1.25 million applications were re- to qualified school tuition organiza- 7. ceived. tions. To qualify for that designation, (b) REVOCATION.—If the Secretary deter- No less impressive than the numbers an organization would have to devote mines that an eligible partnership is not are the testimonials offered by parents at least 90 percent of its annual income making substantial progress in meeting the who have been pleading for better op- performance objectives described in section 7 to offering grants and scholarships for by the end of the third year of a grant under tions. parents to use to send their children to this Act, then the grant payments shall not One mother said the following about the school of their choice. be made for the fourth and fifth year of the her experience: ‘‘We would not be able Scholarships awarded by such organi- grant. to afford this without your help. Our zations could be used to offset tuition SEC. 9. CONSULTATION WITH NATIONAL SCIENCE daughter is really excited to be learn- costs at a private school, or to pay the FOUNDATION. ing spelling and grammar, which was tuition costs families in most states In carrying out the activities authorized not being taught in public school. She’s must pay to enroll a child in a public by this Act, the Secretary shall consult and an aspiring writer and thinks this is school across district boundaries. coordinate with the Director of the National Science Foundation, particularly with re- great. My son has autism, and his new This measure would move us toward spect to the appropriate roles for the Depart- school had more services in place for an education policy that recognizes the ment and the Foundation in the conduct of him on the first day of school, without vital importance of parental choice. summer workshops or institutes provided by me even asking, than we’ve been able It also recognizes and encourages the the mathematics and science partnerships to to pull out of the public school in six efforts that have been undertaken by improve mathematics and science teaching years! They both love their new schools public-spirited private citizens to find in the elementary schools and secondary and are doing well.’’ non-governmental solutions to the se- schools. Here’s another mother’s testimony: I rious challenge of improving education SEC. 10. AUTHORIZATION OF APPROPRIATIONS. am so excited that my son has been in our country. These activists embody There are authorized to be appropriated to chosen to receive a scholarship . . . the vision set forth by President Bush carry out this Act, $500,000,000 for fiscal year 2002 and such sums as may be necessary for One evening I sat on my bed and cried in his inaugural address, the vision of each of the 6 succeeding fiscal years. because I really wanted him to attend responsible citizens building commu- a private school but I know that I can- nities of service and a nation of char- By Mr. KYL: not afford all of the tuition. Therefore acter.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1902 CONGRESSIONAL RECORD — SENATE March 6, 2001 Moreover, when parents are able to ‘‘(B) the tentative minimum tax for the Over 21.8 million people have died decide for themselves how to go about taxable year. from HIV/AIDS world-wide since the securing one of life’s most vital goods, ‘‘(3) CONTROLLED GROUPS.—All persons who beginning of the epidemic, 3 million in namely, education for their children, are treated as one employer under subsection 2000 alone. (a) or (b) of section 52 shall be treated as 1 In sub-Saharan Africa, where 70 per- rather than having such decisions taxpayer for purposes of this section. made for them by a bureaucracy, they ‘‘(e) ELECTION TO HAVE CREDIT NOT cent of all deaths from HIV/AIDS have become, in President Bush’s memo- APPLY.—A taxpayer may elect to have this occurred, 17 million people, as I said rable terms, citizens, not subjects. section not apply for any taxable year.’’. before, have died from HIV/AIDS since I believe that this legislation will (b) CLERICAL AMENDMENT.—The table of the epidemic began, and 2.4 million in help them to do that, and I am very sections for subpart B of part IV of sub- the year 2000. chapter A of chapter 1 of such Code is To address this pandemic, Senator pleased to introduce it today. amended by adding at the end the following FEINGOLD and I have developed legisla- I ask unanimous consent that the new item: text of the bill be printed in the tion to address the crisis. This legisla- ‘‘Sec. 30B. Credit for contributions to chari- RECORD. tion does the following: There being no objection, the bill was table organizations which pro- First, this legislation directs the U.S. vide scholarships for students ordered to be printed in the RECORD, as Government to refrain from seeking attending elementary and sec- the revision of any law, imposed by a follows: ondary schools.’’. government of a developing nation fac- S. 462 (c) EFFECTIVE DATE.—The amendments Be it enacted by the Senate and House of Rep- made by this section shall apply to taxable ing an AIDS crisis, that promotes ac- resentatives of the United States of America in years beginning after December 31, 2000. cess to HIV/AIDS pharmaceuticals and Congress assembled, medical technologies. SECTION 1. SHORT TITLE. By Mrs. FEINSTEIN (for herself This will ensure that HIV/AIDS drugs This Act may be cited as the ‘‘Leave No and Mr. FEINGOLD): are more affordable and more available Child Behind Tax Credit Act of 2001’’. S. 463. A bill to provide for increased to those most in need. SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARI- access to HIV/AIDS-related treatments Second, this legislation authorizes TABLE ORGANIZATIONS WHICH PRO- and services in developing foreign $25 million a year for programs to de- VIDE SCHOLARSHIPS FOR STU- countries; to the Committee on Health, velop and strengthen health care infra- DENTS ATTENDING ELEMENTARY AND SECONDARY SCHOOLS. Education, Labor, and Pensions. structure in developing countries. (a) IN GENERAL.—Subpart B of part IV of Mrs. FEINSTEIN. Mr. President, Third, the legislation calls upon the subchapter A of chapter 1 of the Internal since the beginning of the AIDS epi- World Health Organization and Revenue Code of 1986 is amended by adding demic, more than 17 million people in UNAIDS to take the lead in organizing at the end the following new section: sub-Saharan Africa, one half the popu- efficient procurement of compulsory ‘‘SEC. 30B. CREDIT FOR CONTRIBUTIONS TO lation of California, have died from licences of pharmaceutical patents, ac- CHARITABLE ORGANIZATIONS tive ingredients of drugs, and finished WHICH PROVIDE SCHOLARSHIPS AIDS. FOR STUDENTS ATTENDING ELE- To begin to address this catastrophe, medications for countries that require MENTARY AND SECONDARY Senator FEINGOLD and I introduced an this assistance. SCHOOLS. Amendment to the Africa Growth and Fourth, this legislation calls on the ‘‘(a) ALLOWANCE OF CREDIT.—There shall be Opportunity Act that would have National Institutes of Health, NIH, and allowed as a credit against the tax imposed helped ensure access to generic AIDS the Centers for Disease Control and by this chapter for the taxable year an Prevention, CDC, to work with devel- amount equal to the qualified charitable drugs for nations in sub-Saharan Africa contributions of the taxpayer for the taxable ravaged by the HIV/AIDS pandemic. oping countries and international serv- year. Despite the fact that this amendment ice providers to develop best practices ‘‘(b) MAXIMUM CREDIT.—The credit allowed was approved by the Senate, it was for delivering pharmaceuticals to those by subsection (a) for any taxable year shall stricken from the final Africa Trade who need them. not exceed $250 ($500, in the case of a joint re- Conference Report. Fifth, this legislation requires the turn). Subsequently, the Clinton Adminis- Food and Drug Administration, FDA, ‘‘(c) QUALIFIED CHARITABLE CONTRIBU- tration issued an Executive Order that and NIH to develop and maintain a TION.—For purposes of this section— ensured that the countries of sub-Saha- database for information on drugs, pat- ‘‘(1) IN GENERAL.—The term ‘qualified char- itable contribution’ means, with respect to ran Africa could provide their people ent status, and treatment protocols to any taxable year, the amount allowable as a with affordable HIV/AIDS drugs. assist health-care providers from deduction under section 170 (determined And, two weeks ago, I am pleased to around the globe in providing the best without regard to subsection (d)(1)) for cash note, the Bush Administration indi- care possible to all patients. contributions to a school tuition organiza- cated that it would not seek to over- And finally, this legislation provides tion. turn this Executive Order. $1 million a year to encourage Amer- ‘‘(2) SCHOOL TUITION ORGANIZATION.— Now, Senator FEINGOLD and I have ican physicians, nurses, physician as- ‘‘(A) IN GENERAL.—The term ‘school tuition developed the ‘‘Global Access to AIDS sistants, nurse practitioners, public organization’ means any organization de- Treatment Act of 2001’’ which, among scribed in section 170(c)(2) if the annual dis- health workers, pharmacists, and other bursements of the organization for elemen- other provisions: Codifies the Execu- health professionals to provide HIV/ tary and secondary school scholarships are tive Order into law; Directs that the AIDS care and treatment in developing normally not less than 90 percent of the sum law must apply to the 48 nations of countries. of such organization’s annual gross income sub-Saharan Africa; and Expands the This legislation will allow countries and contributions and gifts. scope of the law to cover all developing facing an HIV/AIDS crisis to better de- ‘‘(B) ELEMENTARY AND SECONDARY SCHOOL nations facing a catastrophic AIDS cri- termine the availability of HIV/AIDS SCHOLARSHIP.—The term ‘elementary and sis. pharmaceuticals in their countries, and secondary school scholarship’ means any Unless the United States takes a provide their people with affordable scholarship excludable from gross income leadership role in recognizing, as does under section 117 for expenses related to edu- HIV/AIDS drugs. cation at or below the 12th grade. the WTO TRIPS agreement, that there It is clearly in the national interest ‘‘(d) SPECIAL RULES.— is a moral obligation to put people over of the United States to prevent the fur- ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No deduc- profits, the human devastation and so- ther spread of HIV/AIDS, and I believe tion shall be allowed under this chapter for cial instability that has already begun that this legislation is necessary to any contribution for which credit is allowed in countries facing an AIDS crisis will continue to assist the countries of the under this section. grow to unfathomable levels. developing world to bring this deadly ‘‘(2) APPLICATION WITH OTHER CREDITS.—The Until recently, many people have disease under control. credit allowable under subsection (a) for any been unaware of the depth of the global I ask unanimous consent that the taxable year shall not exceed the excess (if any) of— loss being caused by this epidemic. text of the bill be printed in the ‘‘(A) the regular tax for the taxable year, The HIV virus has infected over 36 RECORD. reduced by the sum of the credits allowable million people worldwide, with over 95 There being no objection, the bill was under subpart A and the preceding sections percent of those infected living outside ordered to be printed in the RECORD, as of this subpart, over of the United States. follows:

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S. 463 organization of the efficient procurement of (b) AUTHORIZATION OF APPROPRIATIONS.— Be it enacted by the Senate and House of Rep- compulsory licenses, active ingredients, and There are authorized to be appropriated to resentatives of the United States of America in finished products for foreign countries that carry out this section, $25,000,000 for each fis- Congress assembled, require such assistance. cal year. SECTION 1. SHORT TITLE. SEC. 4. PARALLEL IMPORTING AND COMPUL- SEC. 7. INTERNATIONAL DATABASE OF HIV/AIDS This Act may be cited as the ‘‘Global Ac- SORY LICENSING. PHARMACEUTICALS. cess to AIDS Treatment Act of 2001’’. Section 182(d)(4) of the Trade Act of 1974 (19 The Commissioner of Food and Drugs, in consultation with the Director of the Na- SEC. 2. FINDINGS AND DECLARATION OF POLICY. U.S.C. 2242(d)(4)) is amended— tional Institutes of Health, shall develop and (a) FINDINGS.—Congress makes the fol- (1) by striking ‘‘A foreign’’ and inserting maintain a database of HIV/AIDS pharma- lowing findings: ‘‘(A) Except as provided in subparagraph (A), ceuticals. Such database shall include infor- (1) Since the HIV/AIDS pandemic began, it a foreign’’; and mation about patent status, recommended has claimed 21,800,000 lives. (2) by adding at the end the following: protocols, price, and quality. (2) Over 17,000,000 men, women, and chil- ‘‘(B)(i) With respect to a foreign country SEC. 8. LOAN FORGIVENESS PROGRAM FOR dren, have died due to AIDS in sub-Saharan that is undergoing an HIV/AIDS-related pub- lic health crisis and that is propounding or INTERNATIONAL HIV/PHARMA- Africa alone. CEUTICAL WORK. (3) Over 36,000,000 people are infected with implementing laws or policies that regulate Title XXVI of the Public Health Service the HIV virus today. Over 25,000,000 live in pharmaceuticals or medical technologies Act (42 U.S.C. 300ff-11 et seq.) is amended by sub-Saharan Africa. used to treat HIV/AIDS, or the most common adding at the end the following: opportunistic infections that accompany (4) By 2010, approximately 40,000,000 chil- ‘‘PART G—INTERNATIONAL ASSISTANCE dren worldwide will have lost one or both of HIV/AIDS, subparagraph (A) shall not apply their parents to HIV/AIDS. to such country with respect to such phar- ‘‘SEC. 2695. FOREIGN HIV/AIDS ASSISTANCE LOAN REPAYMENT PROGRAM. (5) Access to effective treatment for HIV/ maceuticals and technologies. ‘‘(ii) With respect to a foreign country de- ‘‘(a) ESTABLISHMENT.—The Secretary shall AIDS is determined by issues of price, health establish a program to be known as the For- scribed in clause (i), if the laws or policies of system infrastructure, and sustainable fi- eign HIV/AIDS Assistance Loan Repayment that country promote access to the pharma- nancing. Program to encourage physicians, nurses, ceuticals or medical technologies described (6) In January 2000, the National Intel- physician assistants, pharmacists, nurse in such clause for affected populations with- ligence Council released an intelligence esti- practitioners, others trained in the field of in the country or within other countries un- mate that framed the HIV/AIDS pandemic as public health, and other health professionals a security threat, noting the relationship be- dergoing an HIV/AIDS-related public health determined appropriate by the Secretary to tween the disease and political and economic crisis, compliance with the specific obliga- provide HIV/AIDS treatment and care in de- instability. tions of the Agreement on Trade-Related As- veloping foreign countries. (7) The overriding priority for responding pects of Intellectual Property Rights re- ‘‘(b) ELIGIBILITY.—To be eligible to partici- to the HIV/AIDS crisis should be to empha- ferred to in section 101(d)(15) of the Uruguay pate in the Loan Repayment Program, an in- size and encourage prevention. Round Agreements Act shall be construed to dividual must— (8) An effective response to the HIV/AIDS provide adequate and effective protection of ‘‘(1) have a degree in medicine, osteopathic pandemic must also involve assistance to intellectual property rights for the purposes medicine, or other health profession, or be stimulate the development of health service of this Act, and the President shall instruct registered or certified as a nurse or physi- delivery infrastructure in affected States. the United States Trade Representative not cian assistant; and (9) An effective United States response to to seek, through negotiation or otherwise, ‘‘(2) submit to the Secretary an application the HIV/AIDS crisis must also focus on the the revocation or revision of such laws or for a contract described in subsection (f) (re- development of HIV/AIDS vaccines to pre- policies.’’; and lating to the payment by the Secretary of vent the spread of the disease. ‘‘(C) For purposes of this paragraph, the the educational loans of the individual in (10) The innovative capacity of the United term ‘foreign country that is undergoing an consideration of the individual serving for a States in the commercial and public pharma- HIV/AIDS-related public health crisis’ means period of obligated service). ceutical research sectors is unmatched in the any of the 48 foreign countries of sub-Saha- ‘‘(c) APPLICATION, CONTRACT, AND INFORMA- world, and the participation of both these ran Africa, and any additional country deter- TION REQUIREMENTS.— sectors will be a critical element in any suc- mined to be undergoing such a crisis by the ‘‘(1) SUMMARY AND INFORMATION.—In dis- cessful strategy to respond to the global President.’’. seminating application forms and contract HIV/AIDS crisis. SEC. 5. DEVELOPMENT OF TREATMENT PROTO- forms to individuals desiring to participate (b) DECLARATION OF POLICY.—Congress de- COLS. in the Loan Repayment Program, the Sec- clares that it is the policy of the United (a) IN GENERAL.—The Director of the Na- retary shall include with such forms— States that the United States will not seek, tional Institutes of Health and the Director ‘‘(A) a fair summary of the rights and li- through negotiation or otherwise, the rev- of the Centers for Disease Control and Pre- abilities of an individual whose application ocation or revision of intellectual property vention shall, in collaboration with the enti- is approved (and whose contract is accepted) or competition laws or policies that regulate ties described in subsection (b), conduct a by the Secretary, including in the summary pharmaceuticals or medical technologies needs-assessment and develop and imple- a clear explanation of the damages to which used to treat HIV/AIDS or the most common ment simplified and adapted protocols for the United States is entitled in the case of opportunistic infections that accompany the delivery of HIV/AIDS treatments in the the individual’s breach of the contract; and HIV/AIDS in any foreign country undergoing resource poor settings of the developing ‘‘(B) information respecting meeting a an HIV/AIDS-related public health crisis if world. service obligation through private practice the laws or policies of that foreign country— (b) COLLABORATIVE ENTITIES.—The entities under an agreement under subsection (f) and (1) promote access to the pharmaceuticals described in this subsection are— such other information as may be necessary or medical technologies for affected popu- (1) the Administrator of the United States for the individual to understand the individ- lations; and Agency for International Development; ual’s prospective participation in the Loan (2) provide intellectual property protection (2) developing foreign countries that face Repayment Program. consistent with the Agreement on Trade-Re- HIV/AIDS health care crises; and ‘‘(2) UNDERSTANDABILITY.—The application lated Aspects of Intellectual Property Rights (3) appropriate international organiza- form, contract form, and all other informa- referred to in paragraph (15) of section 101(d) tions. tion furnished by the Secretary under this of the Uruguay Round Agreements Act (19 SEC. 6. HEALTH CARE INFRASTRUCTURE DEVEL- section shall be written in a manner cal- U.S.C. 3511(d)(15)). OPMENT. culated to be understood by the average indi- SEC. 3. SENSE OF THE SENATE. (a) IN GENERAL.—The Secretary of Health vidual applying to participate in the Loan It is the sense of the Senate— and Human Services, acting through the Ad- Repayment Program. (1) to encourage the World Health Organi- ministrator of the United States Agency for ‘‘(3) AVAILABILITY.—The Secretary shall zation and the Joint United Nations Pro- International Development, shall— make such application forms, contract gramme on HIV/AIDS (UNAIDS) to carry out (1) develop and implement programs to forms, and other information available to in- HIV/AIDS activities in foreign countries that strengthen and broaden health care systems dividuals desiring to participate in the Loan are undergoing an HIV/AIDS-related public infrastructure, and the capacity of health Repayment Program on a date sufficiently health crisis, including activities that are care systems in developing foreign countries early to ensure that such individuals have consistent with the policy described in sec- to deliver HIV/AIDS pharmaceuticals; adequate time to carefully review and evalu- tion 2(b); and (2) provide assistance to foreign countries ate such forms and information. (2) that the World Health Organization and that the Administrator determines are ready ‘‘(4) RECRUITMENT AND RETENTION.— the Joint United Nations Programme on to implement anti-retro viral treatment pro- ‘‘(A) IN GENERAL.—The Secretary shall dis- HIV/AIDS (UNAIDS) should lead the inter- grams with respect to HIV/AIDS; and tribute to health professions schools mate- national organization of the manufacture (3) provide assistance to improve access to rials providing information on the Loan Re- and distribution of pharmaceuticals or med- medical education, including nursing edu- payment Program and shall encourage the ical technologies for HIV/AIDS, including cation, in foreign countries that are severely schools to disseminate the materials to the the global registration of products and the affected by the HIV/AIDS virus. students of the schools.

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‘‘(B) RETENTION.—In the case of any health uate education of the individual, or the sions made for purposes of paragraph (2) of professional whose period of obligated serv- deferment of repayments on such loans, such subsection); ice under the Loan Repayment Program is which loans were made for— ‘‘(7)(A) the number, and type of health pro- nearing completion, the Secretary shall en- ‘‘(A) tuition expenses; fessions training, of such individuals who courage the individual to remain in a devel- ‘‘(B) all other reasonable educational ex- have breached the contract under subsection oping foreign country and to continue pro- penses, including fees, books, and laboratory (f); and viding HIV/AIDS-related services. expenses, incurred by the individual; or ‘‘(B) with respect to such individuals— ‘‘(d) CONSIDERATIONS WITH RESPECT TO CON- ‘‘(C) reasonable living expenses as deter- ‘‘(i) the educational institutions with re- TRACTS.— mined by the Secretary. spect to which payments or deferments have ‘‘(1) IN GENERAL.—In providing contracts ‘‘(2) PAYMENTS FOR YEARS SERVED.— been made or were to be made under the con- under the Loan Repayment Program— ‘‘(A) IN GENERAL.—For each year of obli- tract; ‘‘(A) the Secretary shall consider the ex- gated service that an individual contracts to ‘‘(ii) the amounts for which the individuals tent of the demonstrated interest of the ap- serve under subsection (f) the Secretary may are liable to the United States; plicants for the contracts in providing HIV/ pay or defer up to $5,000 on behalf of the indi- ‘‘(iii) the extent of payment by the individ- AIDS-related services; and vidual for loans described in paragraph (1). In uals of such amounts; and ‘‘(B) may consider such other factors re- making a determination of the amount to ‘‘(iv) if known, the basis for the decision of garding the applicants as the Secretary de- pay or defer for a year of such service by an the individuals to breach the contract under termines to be relevant to selecting qualified individual, the Secretary shall consider the subsection (f); and individuals to participate in such Program, extent to which each such determination— ‘‘(8) the effectiveness of the Secretary in such as relevant HIV/AIDS-related or inter- ‘‘(i) affects the ability of the Secretary to recruiting health professionals to participate national health work or volunteer experi- maximize the number of contracts that can in the Loan Repayment Program, and in en- ences. be provided under the Loan Repayment Pro- couraging and assisting such professionals ‘‘(2) PRIORITY.—In providing contracts gram from the amounts appropriated for with respect to providing HIV/AIDS-related under the Loan Repayment Program, the such contracts; services in developing foreign countries after Secretary shall give priority— ‘‘(ii) provides an incentive to serve in a de- the completion of the period of obligated ‘‘(A) to any application for such a contract veloping foreign country with the greatest service under such Program. submitted by an individual whose training is such shortages; and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— in a health profession or specialty deter- ‘‘(iii) provides an incentive with respect to There are authorized to be appropriated to mined by the Secretary to be needed; and the health professional involved remaining carry out this section, $1,000,000 for each fis- ‘‘(B) to any application for such a contract in a developing foreign country, and con- cal year.’’. submitted by an individual who has (and tinuing to provide HIV/AIDS-related serv- whose spouse, if any, has) characteristics ices, after the completion of the period of ob- By Mr. BAYH (for himself and that increase the probability that the indi- ligated service under the Loan Repayment Mrs. CLINTON): vidual will continue to serve in a developing Program. foreign country after the period of obligated ‘‘(B) REPAYMENT SCHEDULE.—Any arrange- S. 464. A bill to amend the Internal service pursuant to subsection (f) is com- ment made by the Secretary for the making Revenue Code of 1986 to allow a tax pleted. of loan repayments in accordance with this credit for long-term care givers; to the ‘‘(e) APPROVAL REQUIRED FOR PARTICIPA- subsection shall provide that any repay- Committee on Finance. TION.—An individual becomes a participant ments for a year of obligated service shall be Mr. BAYH. Mr. President, we have in the Loan Repayment Program only upon made no later than the end of the fiscal year spent the last week discussing the im- the Secretary and the individual entering in which the individual completes such year into a written contract described in sub- of service. portance of tax cuts for all Americans. section (f). ‘‘(3) TAX LIABILITY.—For the purpose of While we discuss fiscally responsible ‘‘(f) CONTENTS OF CONTRACTS.—The written providing reimbursements for tax liability means to provide financial benefits to contract between the Secretary and an indi- resulting from payments or deferments all Americans we need to remember vidual shall contain— under this subsection on behalf of an indi- there are millions of Americans that ‘‘(1) an agreement that— vidual— are taking on extra financial burdens ‘‘(A) subject to paragraph (3), the Sec- ‘‘(A) the Secretary shall, in addition to by taking care of a loved one at home. retary agrees to pay on behalf of the indi- such payments, make payments to the indi- vidual loans in accordance with subsection vidual in an amount equal to 39 percent of These caregivers deserve financial as- (g) or to defer payment on such loans; and the total amount of loan repayments made sistance. ‘‘(B) subject to paragraph (3), the indi- for the taxable year involved; and America is aging, we are all living vidual agrees— ‘‘(B) may make such additional payments longer and generally healthier and ‘‘(i) to accept loan payments on behalf of as the Secretary determines to be appro- more productive lives. In the next 30 the individual or a deferment in payments; priate with respect to such purpose. years, the number of Americans over and ‘‘(4) PAYMENT SCHEDULE.—The Secretary the age of 65 will double. For most ‘‘(ii) to serve for a time period (hereinafter may enter into an agreement with the holder Americans this is good news. However, in this subpart referred to as the ‘period of of any loan for which payments are made obligated service’) equal to 2 years or such under the Loan Repayment Program to es- for some families aging comes with longer period as the individual may agree to, tablish a schedule for the making of such unique financial obstacles. More and as a provider of HIV/AIDS-related health payments or deferments. more middle income families are forced services in a developing foreign country; ‘‘(h) REPORTS.—Not later than March 1 of to choose between providing edu- ‘‘(2) a provision permitting the Secretary each year, the Secretary shall submit to the cational expenses for their children, to extend for such longer additional periods, Congress a report providing, with respect to saving for their own retirement, and as the individual may agree to, the period of the preceding fiscal year— providing medical care for their par- ‘‘(1) the total amount of loan payments or obligated service agreed to by the individual; ents and grandparents. When a loved ‘‘(3) a provision that any financial obliga- deferments made under the Loan Repayment tion of the United States arising out of a Program; one becomes ill and needs to be cared contract entered into under this section and ‘‘(2) the number of applications filed under for, nothing is more challenging then any obligation of the individual that is con- this section; deciding how the care they need should ditioned thereon, is contingent on funds ‘‘(3) the number, and type of health profes- be provided. Today, I rise again to being appropriated for loan repayments or sion training, of individuals receiving loan make that decision easier and to deferments under this section; repayments or deferments under such Pro- strengthen one option for long-term ‘‘(4) a statement of the damages to which gram; care caring for a loved one at home. ‘‘(4) the educational institution at which the United States is entitled for the individ- The bill I am reintroducing today, ual’s breach of the contract; and such individuals received their training; ‘‘(5) such other statements of the rights ‘‘(5) the total amount of the indebtedness the Care Assistance and Resource En- and liabilities of the Secretary and of the in- of such individuals for educational loans as hancement Tax Credit, will provide dividual, not inconsistent with this section. of the date on which the individuals become caregivers with a $3,000 tax credit for ‘‘(g) PAYMENTS OR DEFERMENTS.— participants in such Program; the services they provide. I am reintro- ‘‘(1) IN GENERAL.—A loan repayment pro- ‘‘(6) the number of years of obligated serv- ducing this bill in order to encourage vided for an individual under a written con- ice specified for such individuals in the ini- families to take care of their loved tract under the Loan Repayment Program tial contracts under subsection (f), and, in ones, by making it more affordable for shall consist of payment, in accordance with the case of individuals whose period of such paragraph (2), on behalf of the individual of service has been completed, the total num- seniors to stay at home and receive the the principal, interest, and related expenses ber of years for which the individuals pro- care they need, while saving the gov- on government and commercial loans re- vided HIV/AIDS-related services in a devel- ernment billions of dollars currently ceived by the individual regarding the grad- oping foreign country (including any exten- spent on institutional care. Through

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1905 this tax credit, we accomplish all that opportunity to address this important manufacturing facility at a brown field while emphasizing family values. energy issue and pass this bill. in Chicago which will provide solar There are over 22 million people pro- The legislation is an important step products for roadway lighting and for viding unpaid help with personal needs in preserving U.S. global leadership in area schools. or household chores to a relative or the solar industry where we now export This small sampling of American in- friend who is at least 50 years old. In over 70 percent of our products. In re- genuity is just the beginning of the Indiana alone, there are 568,300 care- cent years, over ten U.S. solar manu- U.S. solar industry’s maturity. Adop- givers. They do this work without any facturing facilities have been built or tion of solar power by individual Amer- compensation. They do not send the expanded making the U.S. the world’s ican consumers will create economies- government a bill for their services or largest manufacturer of solar products. of-scale of production that will, over get reimbursed for their expenses by a The expansion of the U.S. domestic time, dramatically lower costs and in- private company. They do it because market is essential to sustain U.S. crease availability of solar power. they care. As a result of their compas- global market dominance. The bill I have introduced costs much sion, the government saves billions of Other countries, notably Japan and less than previous proposals and pro- dollars. For example, the average cost Germany, have instituted very large- vides consumer safeguards. This bill of a nursing home is $46,000 a year. The scale market incentives for the use of represents a pragmatic approach in uti- government spent approximately $32 solar energy on buildings, spending far lizing the marketplace as a driver of billion in formal home health care more by their governments to build technology. The benefits to our coun- costs and $83 billion in nursing home their respective domestic solar indus- try are profound. The U.S. solar indus- costs. If you add up all the private sec- tries. Passage of this bill will insure try believes the incentives will create tor and government spending on long- the U.S. stays the global solar market 20,000 new high technology manufac- term care it is dwarfed by the amount leader into the next millennium. turing jobs, offset pollution of more families spend caring for loved ones in Recent tax legislation passed by this than 2 million vehicles, cut U.S. solar their homes. As a study published by body, has included necessary support of energy unit imports which are already the Alzheimers Association indicated, the independent domestic oil pro- over 50 percent, and leverage U.S. in- caregivers provide $196 billion worth of ducers, overseas oil refiners, nuclear dustry even further into the global ex- care a year. industry decommissioning, and wind port markets. I held a field hearing in my state, In- energy, all worthy. This small proposal The Residential Solar Energy Tax diana, in August of 1999 to discuss ways not only adds to these but provides an Credit Act of 2001 is sound energy pol- to make long-term care more afford- incentive to the individual homeowner icy, sound environmental policy, pro- able. At this hearing, I heard from to generate their own energy. In fact, motes our national security, and en- three caregivers who are providing care 28 states have passed laws in the last hances our economic strength at home for a family member. Mrs. Linda two years to provide a technical stand- and abroad. I ask my colleagues to in- McKinstry takes care of her husband ard for interconnecting solar systems clude this initiative in any upcoming who had been diagnosed with Alz- to the electric grid, provide consumer tax and/or energy deliberations. Amer- heimers two years ago. Mr. and Mrs. friendly contracts, and provide rates ican consumers will thank us, and our Cahee are caregivers for Mr. Cahee’s for the excess power generated. These children will thank us for the future mother who also has Alzheimers. They efforts at regulatory reform at the benefits we have preserved for them. all echoed the need for financial relief state level combined with a limited in- Mr. President, I ask unanimous con- and support services. They spoke of the centive as proposed in this bill, will sent the text of the bill be printed in financial and emotional stress associ- drive the use of solar energy. the RECORD. ated with taking care of a loved one. Contrary to popular belief, solar en- There being no objection, the bill was After hearing their stories, it became ergy is manufactured and used evenly ordered to be printed in the RECORD, as clear that their efforts are truly heroic throughout the United States. Solar follows: and we should be doing all that we can manufacturers are in Arizona, Cali- S. 465 fornia, Colorado, Delaware, Florida, Il- at the federal level to provide what Be it enacted by the Senate and House of Rep- they need to keep their families to- linois, Iowa, Maryland, Massachusetts, resentatives of the United States of America in gether. Michigan, New Jersey, New Mexico, Congress assembled, At a time when people are becoming New York, North Carolina, Ohio, SECTION 1. SHORT TITLE. skeptical of the government, Congress Texas, Virginia, Washington and Wis- This Act may be cited as the ‘‘Residential needs to help people meet the chal- consin. In addition, solar assembly and Solar Energy Tax Credit Act’’. lenges they face in their daily lives. distribution companies are in: Alaska, SEC. 2. CREDIT FOR RESIDENTIAL SOLAR EN- This tax credit does that. It will serve Connecticut, Georgia, Hawaii, Idaho, ERGY PROPERTY. 1.2 million older Americans, over Indiana, Kansas, Maine, Minnesota, (a) IN GENERAL.—Subpart A of part IV of subchapter A of chapter 1 of the Internal 500,000 non-elderly adults, and approxi- Missouri, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Revenue Code of 1986 (relating to nonrefund- mately 250,000 children a year. I am en- able personal credits) is amended by insert- couraged by the inclusion of this tax Rhode Island, Tennessee, Vermont, as ing after section 25A the following new sec- credit in Senator Daschle’s targeted well as Puerto Rico, U.S. Virgin Is- tion: tax package. I urge my colleagues to lands, and Guam. In addition to these ‘‘SEC. 25B. RESIDENTIAL SOLAR ENERGY PROP- take notice of the work done by care- states, solar component and research ERTY. givers and join me in supporting this companies are in Alabama, Arkansas, ‘‘(a) ALLOWANCE OF CREDIT.—In the case of legislation and giving caregivers the Kentucky, Mississippi, Nebraska, an individual, there shall be allowed as a gratitude they deserve. North Dakota, Oklahoma, South Caro- credit against the tax imposed by this chap- lina, and West Virginia. ter for the taxable year an amount equal to By Mr. ALLARD: More than 90 U.S. electric utilities the sum of— S. 465. A bill to amend the Internal including municipals, cooperatives and ‘‘(1) 15 percent of the qualified photo- voltaic property expenditures made by the Revenue Code of 1986 to allow a credit independents—which represent more taxpayer during such year, and for residential solar energy property; than half of U.S. power generation—are ‘‘(2) 15 percent of the qualified solar water to the Committee on Finance. active in solar energy. Aside from new, heating property expenditures made by the Mr. ALLARD. Mr. President. I am automated solar manufacturing facili- taxpayer during the taxable year. honored today to introduce the Resi- ties, a wide range of new uses of solar ‘‘(b) LIMITATIONS.— dential Solar Energy Tax Credit Act of has occurred in the last two years, such ‘‘(1) MAXIMUM CREDIT.—The credit allowed 2001 which provides a 15 percent resi- as: an array of facilities installed in under subsection (a)(2) shall not exceed $2,000 dential tax credit for consumers who June at the Pentagon power block to for each system of solar energy property. ‘‘(2) TYPE OF PROPERTY.—No expenditure purchase solar electric, photovoltaics, provide mid-day peak power; installa- may be taken into account under this sec- and solar thermal products. This bill is tion of solar on the first U.S. sky- tion unless such expenditure is made by the similar to one I introduced in the last scraper in Times Square in New York taxpayer for property installed on or in con- Congress. I believe we have a wonderful City; and development of a solar mini- nection with a dwelling unit which is located

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1906 CONGRESSIONAL RECORD — SENATE March 6, 2001 in the United States and which is used as a ‘‘(A) IN GENERAL.—In the case of an indi- By Mr. HAGEL (for himself, Mr. residence. vidual who is a member of a condominium JEFFORDS, Mr. KENNEDY, Mr. ‘‘(3) SAFETY CERTIFICATIONS.—No credit management association with respect to a DODD, Mr. ROBERTS, Mr. HAR- shall be allowed under this section for an condominium which he owns, such individual KIN, Ms. COLLINS, Mrs. MURRAY, item of property unless— shall be treated as having made his propor- ‘‘(A) in the case of solar water heating tionate share of any expenditures of such as- Ms. SNOWE, and Mr. REED): equipment, such equipment is certified for sociation. S. 466. A bill to amend the Individ- performance and safety by the non-profit ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- uals with Disabilities Education Act to Solar Rating Certification Corporation or a TION.—For purposes of this paragraph, the fully fund 40 percent of the average per comparable entity endorsed by the govern- term ‘condominium management associa- pupil expenditure for programs under ment of the State in which such property is tion’ means an organization which meets the part B of such Act; to the Committee installed, and requirements of paragraph (1) of section on Health Education, Labor, and Pen- ‘‘(B) in the case of a photovoltaic system, 528(c) (other than subparagraph (E) thereof) with respect to a condominium project sub- sions. such system meets appropriate fire and elec- Mr. HAGEL. Mr. President, I join tric code requirements. stantially all of the units of which are used with nine of my colleagues today in in- ‘‘(c) DEFINITIONS.—For purposes of this sec- as residences. tion— ‘‘(4) JOINT OWNERSHIP OF ITEMS OF SOLAR troducing the ‘‘Helping Children Suc- ‘‘(1) QUALIFIED SOLAR WATER HEATING PROP- ENERGY PROPERTY.— ceed by Fully Funding the Individuals ERTY EXPENDITURE.—The term ‘qualified ‘‘(A) IN GENERAL.—Any expenditure other- with Disabilities Education Act.’’ I am solar water heating property expenditure’ wise qualifying as an expenditure described pleased that Senators JIM JEFFORDS, in paragraph (1) or (2) of subsection (c) shall means an expenditure for property that uses TED KENNEDY, PAT ROBERTS, CHRIS solar energy to heat water for use in a dwell- not be treated as failing to so qualify merely because such expenditure was made with re- DODD, SUSAN COLLINS, TOM HARKIN, ing unit with respect to which a majority of OLYMPIA SNOWE, PATTY MURRAY, and the energy is derived from the sun. spect to 2 or more dwelling units. ‘‘(B) LIMITS APPLIED SEPARATELY.—In the JACK REED have agreed to serve as ‘‘(2) QUALIFIED PHOTOVOLTAIC PROPERTY EX- case of any expenditure described in subpara- original co-sponsors of this important PENDITURE.—The term ‘qualified photo- graph (A), the amount of the credit allowable voltaic property expenditure’ means an ex- legislation. under subsection (a) shall (subject to para- penditure for property that uses solar energy This bill will have the Federal gov- graph (1)) be computed separately with re- to generate electricity for use in a dwelling ernment fully meet its funding respon- spect to the amount of the expenditure made unit. sibilities under the Individuals with for each dwelling unit. ‘‘(3) SOLAR PANELS.—No expenditure relat- Disabilities Education Act, IDEA, for ‘‘(5) ALLOCATION IN CERTAIN CASES.—If less ing to a solar panel or other property in- than 80 percent of the use of an item is for the first time since it was enacted in stalled as a roof (or portion thereof) shall nonbusiness residential purposes, only that 1975. When Congress passed the IDEA a fail to be treated as property described in portion of the expenditures for such item quarter of a century ago, it agreed that paragraph (1) or (2) solely because it con- which is properly allocable to use for non- the Federal government would pay 40 stitutes a structural component of the struc- business residential purposes shall be taken ture on which it is installed. percent of the cost of ensuring that all into account. For purposes of this paragraph, children, including those with disabil- ‘‘(4) LABOR COSTS.—Expenditures for labor use for a swimming pool shall be treated as costs properly allocable to the onsite prepa- use which is not for residential purposes. ities, receive a free, appropriate public ration, assembly, or original installation of ‘‘(6) WHEN EXPENDITURE MADE; AMOUNT OF education in the least restrictive envi- the property described in paragraph (1) or (2) EXPENDITURE.— ronment. That is the laudable goal of and for piping or wiring to interconnect such ‘‘(A) IN GENERAL.—Except as provided in the legislation, one we all share. Sadly, property to the dwelling unit shall be taken subparagraph (B), an expenditure with re- however, we have never in all these into account for purposes of this section. spect to an item shall be treated as made years met our funding commitment. ‘‘(5) SWIMMING POOLS, ETC., USED AS STOR- when the original installation of the item is AGE MEDIUM.—Expenditures which are prop- Despite substantial progress over the completed. last five years, Congress has never ap- erly allocable to a swimming pool, hot tub, ‘‘(B) EXPENDITURES PART OF BUILDING CON- or any other energy storage medium which STRUCTION.—In the case of an expenditure in propriated more than 15 percent of the has a function other than the function of connection with the construction or recon- cost of IDEA. The bill we introduce such storage shall not be taken into account struction of a structure, such expenditure today will finally make good on for purposes of this section. shall be treated as made when the original Congress’s commitment to fund 40 per- ‘‘(d) SPECIAL RULES.—For purposes of this use of the constructed or reconstructed cent of the cost of educating children section— structure by the taxpayer begins. with disabilities. In so doing, it will ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- ‘‘(C) AMOUNT.—The amount of any expendi- strengthen the ability of States and CUPANCY.—In the case of any dwelling unit ture shall be the cost thereof. which is jointly occupied and used during ‘‘(e) BASIS ADJUSTMENTS.—For purposes of local school districts in implementing any calendar year as a residence by 2 or this subtitle, if a credit is allowed under this IDEA and serve the children with dis- more individuals the following shall apply: section for any expenditure with respect to abilities who are covered by its provi- ‘‘(A) The amount of the credit allowable any property, the increase in the basis of sions. under subsection (a) by reason of expendi- such property which would (but for this sub- Our IDEA full funding legislation is tures (as the case may be) made during such section) result from such expenditure shall very simple. It would obligate Federal calendar year by any of such individuals be reduced by the amount of the credit so al- lowed. funds to increase funding under Part B with respect to such dwelling unit shall be of the IDEA program by annual incre- determined by treating all of such individ- ‘‘(f) TERMINATION.—The credit allowed uals as 1 taxpayer whose taxable year is such under this section shall not apply to taxable ments of $2.5 billion until the full 40 calendar year. years beginning after December 31, 2006.’’. percent share of funding is reached in (b) CONFORMING AMENDMENTS.— ‘‘(B) There shall be allowable with respect fiscal year 2007. Last year, fiscal year (1) Subsection (a) of section 1016 of such to such expenditures to each of such individ- 2001, Congress appropriated $6.3 billion Code is amended by striking ‘‘and’’ at the uals, a credit under subsection (a) for the end of paragraph (26), by striking the period for Part B. With these annual incre- taxable year in which such calendar year at the end of paragraph (27) and inserting ‘‘; ments, the legislation would obligate ends in an amount which bears the same and’’, and by adding at the end the following an additional $37.5 billion over five ratio to the amount determined under sub- new paragraph: years, or $52.4 billion over six years. paragraph (A) as the amount of such expend- ‘‘(28) to the extent provided in section Let me note that this legislation itures made by such individual during such 25B(e), in the case of amounts with respect does not establish a new Federal man- calendar year bears to the aggregate of such to which a credit has been allowed under sec- expenditures made by all of such individuals date or entitlement, State and Federal tion 25B.’’. courts and IDEA have already firmly during such calendar year. (2) The table of sections for subpart A of ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE part IV of subchapter A of chapter 1 of such established the right of a child with a HOUSING CORPORATION.—In the case of an in- Code is amended by inserting after the item disability to a free, appropriate edu- dividual who is a tenant-stockholder (as de- relating to section 25A the following new cation. The Federal government’s fail- fined in section 216) in a cooperative housing item: ure for 25 years to contribute its share corporation (as defined in such section), such of these costs has simply shifted this individual shall be treated as having made ‘‘Sec. 25B. Residential solar energy prop- his tenant-stockholder’s proportionate share erty.’’. Federal share onto State and local edu- (as defined in section 216(b)(3)) of any ex- (c) EFFECTIVE DATE.—The amendments cation agencies. Our bill will redress penditures of such corporation. made by this section shall apply to taxable this failure: Federal funds will finally ‘‘(3) CONDOMINIUMS.— years ending after December 31, 2001. be provided to meet the Federal share.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1907 IDEA has been a great success. Prior Today we are introducing legislation for example, special education costs in to its enactment, only 50 percent of to address that need and assist our Connecticut rose half again as much as students with disabilities were receiv- schools to meet their responsibility to did regular education costs. Our ing an appropriate education, 30 per- provide an equal and appropriate edu- schools need our help. cent were receiving inappropriate edu- cational opportunity for children with Of course, no one in Connecticut, or cation services, and 20 percent were re- disabilities. In my State of Massachu- in any State or community in our ceiving no education services at all. setts alone, this increase will provide country would question the value of Today the majority of children with $409 million over the next 6 years to ensuring every child the equal access disabilities are receiving an education help meet that goal. to education that he or she is guaran- in their neighborhood schools in reg- Just as we are committed to increase teed by our Constitution. The only ular classrooms with their non-disabled funding for IDEA, we must be equally question is how best to do that, and a peers. High school graduation rates committed to the making sure that large part of the answer is in this legis- have increased dramatically among this law is implemented and vigorously lation. This legislation demonstrates students with disabilities, a 14 percent enforced. that our commitment to universal ac- increase from 1984 to 1997. More stu- Far too many students with disabil- cess is matched by our commitment to dents with disabilities are attending ities are still not getting the edu- doing everything we can to helping colleges and universities. And students cational services they are entitled to States and schools provide that access. And this amendment will help not who have been served by IDEA are em- receive under the IDEA. We must never go back to the days when large num- only our children and schools, it will ployed at twice the rate of older adults help entire communities, by easing bers of disabled children were left out who were not served by IDEA. IDEA their tax burden. By our failure to has played a very important role in and left behind. I look forward to working with the meet our goal of fully funding IDEA, raising our nation’s awareness about we force local taxpayers—homeowners Administration and all Members of the abilities and capabilities of chil- and small businesspeople—to pay the Congress to enact this legislation. dren with disabilities. higher taxes that these services re- Fully funding IDEA moves us closer to Last November we celebrated IDEA’s quire. That is especially a problem in ensuring the success of every child by 25th anniversary. It is time to make Connecticut, where so much of edu- good on our promise to fully fund this supporting the great goal of public edu- cation is paid for through local prop- very worthwhile program, which is cation—to give all children the oppor- erty taxes. making such an important difference tunity to pursue their dreams. If we are going to talk about the im- in the lives of so very many of our na- Mr. DODD. Mr. President, I hope that portance of tax relief for average tion’s children. this effort will be the culmination of Americans, there are few more impor- Mr. KENNEDY. Mr. President, it is our long-term efforts to fully fund the tant steps we can take than passing an honor to join my colleagues Sen- Federal share of the Individuals with this legislation. It will go far to allevi- ators CHUCK HAGEL and JIM JEFFORDS Disabilities Act. ate the tax burden that these people in introducing the Helping Children Last Congress, Senator JEFFORDS and and businesses bear today. Succeed by Fully Funding the Individ- I twice offered budget amendments to Last year, the National Governors’ uals with Disabilities Education Act, fully fund IDEA, and I have offered Association wrote me that ‘‘Governors IDEA—the hallmark of which is to put many measures over the years to in- believe the single most effective step real dollars behind the goal of fully crease funding for IDEA. Of course, I Congress could take to help address funding the IDEA. also have worked closely with Senators education needs and priorities, in the Congress owes the children and fami- KENNEDY and HARKIN on this issue, and context of new budget constraints, lies across the country the most effec- I am thrilled to be joining today with would be to meet its commitment to tive possible implementation of this the many other cosponsors of this bill, fully fund the federal portion of legislation, and the federal funding Senators MURRAY, REED, HAGEL, ROB- IDEA.’’ support necessary to make it happen. ERTS, COLLINS, and SNOWE. Over the next 10 years, we’re looking For 25 years, IDEA has sent a clear The Helping Children Succeed by at a $2.7 trillion non-Social Security, message to young people with disabil- Fully Funding IDEA Act offers Con- non-Medicare surplus. I think that ities—that they can learn, and that gress the opportunity to fulfill our goal fully funding IDEA is one of the most their learning will enable them to be- of funding 40 percent of the cost of edu- productive ways that we can use a come independent and productive citi- cating children with disabilities and to small part of that surplus. zens, and live fulfilling lives. strengthen our support for children, I ask that my colleagues seize this Prior to 1975, 4 million disabled chil- parents, and local schools. This act is opportunity and support this amend- dren did not receive the help they need- quite simple, it directs the appropria- ment and choose to help our schools ed to be successful in school. Few dis- tion of funds for IDEA so that we will better serve children with disabilities, abled preschoolers received services, fully fund IDEA by 2007. because I am tired of the false dichot- and 1 million disabled children were ex- When Congress passed IDEA in 1975, omy that many people perceive be- cluded from public schools. Now IDEA we set a goal of helping States meet tween parents of children without dis- serves almost 6 million disabled chil- their constitutional obligation to pro- abilities and parents of children with dren from birth through age 21, and vide children with disabilities a free, disabilities. By fully funding the Federal share of every State in the Nation offers public appropriate education by paying for 40 IDEA, and easing the financial burden education and early intervention serv- percent of those costs. We have made on states and schools, we can stop talk- great strides toward that goal in the ices to disabled children. The record of ing about ‘‘children with disabilities’’ last few years, having doubled Federal success is astonishing. and ‘‘children without disabilities,’’ The drop out rate for these students funding over the past 5 years. Never- and start talking instead about all has decreased, while the graduation theless, we still only provide 15 percent children, period. rate has increased. The number of of IDEA costs. young adults with disabilities enrolling In my own State of Connecticut, in By Mr. ROBERTS: in college has more than tripled, and spite of spending hundreds of millions S. 467. A bill to provide grants for now more than ever disabled students of dollars to fund special education States to adopt the Federal write-in are communicating and exploring the programs, we are facing a funding absentee ballot and to amend the Uni- world through new technologies. shortfall. In our towns, the situation is formed and Overseas Citizens Absentee These accomplishments do not come even more difficult. Too often, our Voting Act to require uniform treat- without financial costs, and it is time local school districts are struggling to ment by States of Federal write-in ab- for Congress to meet its financial com- meet the needs of their students with sentee ballots; to the Committee on mitment to help schools provide the disabilities. Rules and Administation. services and supports that give chil- The costs being borne by local com- Mr. ROBERTS. Mr. President, I ask dren with special needs the educational munities and school districts are rising unanimous consent that the text of the opportunities to pursue their dreams. dramatically. From 1992 through 1997, bill be printed in the RECORD.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1908 CONGRESSIONAL RECORD — SENATE March 6, 2001 There being no objection, the bill was ‘‘(A) has a marking to distinguish the bal- Mr. President, every child deserves ordered to be printed in the RECORD, as lot and envelope as belonging to an overseas and every parent has the right to ex- follows: voter; and pect a top-notch, quality education. ‘‘(B) allows the voter to attest on the bal- For example: S. 467 lot that the ballot is cast prior to the date of Be it enacted by the Senate and House of Rep- the election to which the ballot refers.’’. Every child should enter 1st grade resentatives of the United States of America in healthy and prepared to succeed; Congress assembled, By Mrs. FEINSTEIN: Every child should attend a school SECTION 1. GRANT PROGRAM. S. 468. A bill to designate the Federal that is well-built, well-lit, well- (a) GRANT AUTHORIZED.—The Secretary of building located at 6230 Van Nuys Bou- equipped and well-connected to our Defense, through the Federal Voting Assist- levard in Van Nuys, California, as the modern world; and ance Program, is authorized to award grants ‘‘James C. Corman Federal Building’’; Every child should be instructed by a to States to enable States to adopt and use— to the Committee on Environment and well-trained, well-paid and qualified (1) the Federal write-in absentee ballot Public Works. teacher. under section 103 of the Uniformed and Over- But some public schools in America seas Citizens Absentee Voting Act (42 U.S.C. Mrs. FEINSTEIN. Mr. President, I 1973ff–2); and rise today to introduce legislation to do not meet that standard today. Some (2) the absentee ballot mailing envelopes honor the hard work and dedication of of our public schools are failing our prescribed under section 101 of such Act (42 the late James C. Corman, an esteemed children and shortchanging their fu- U.S.C. 1973ff); Member of the House of Representa- ture. We need to refocus our energy on in lieu of any State absentee ballot or enve- tives from California for 20 years. turning these schools around and get- lope with respect to ballots of overseas vot- Jim Corman was born in Kansas, and ting them back on track. This must be ers for a primary or general election for Fed- moved to California with his mother the nation’s number one priority. eral office. shortly after his father’s death. He A quality public school is not a par- (b) APPLICATION.— tisan goal; it’s not a conservative or (1) IN GENERAL.—The Secretary of State, or served in the Marines during World any other State official responsible for im- War II. After the war, Jim worked his liberal goal; it’s not a big city or rural plementing and monitoring elections, of way through the University of Cali- goal; it’s not a goal which separates each State desiring a grant under this sec- fornia at Los Angeles and the Univer- rich from poor. tion shall submit an application to the Sec- sity of Southern California Law It’s a simple, common-sense goal we retary of Defense at such time, in such man- School. He first held public office in can all agree upon. And if we can agree, ner, and accompanied by such information as 1957, when he was elected to the Los then we should be able to do something the Secretary of Defense by regulation may Angeles City Council. about it. reasonably require. The School Support and Improve- (2) CONTENTS.—Each application submitted Jim was first elected to the House in under paragraph (1) shall— 1960. In 1963, he began serving on the ment Act is one step in achieving this (A) describe the activities for which assist- Judiciary Committee, which he felt common sense goal. The legislation is ance under this section is sought; and handled the issues that were among the based on a very important lesson we (B) provide such additional assurances as most important and relevant to Ameri- have learned in my home state of the Secretary of Defense determines to be es- cans. As a member of the Judiciary North Carolina. sential to ensure compliance with the re- Committee, he was an influential voice As many of you know, North Caro- quirements of this section and section 103 of lina has been at the forefront of the ef- the Uniformed and Overseas Citizens Absen- in drafting and passing the historic Civil Rights Act of 1964. Jim always fort to reform public education for tee Voting Act (42 U.S.C. 1973ff–2). many years. In fact, President Bush’s (c) AMOUNT OF GRANT.—The Secretary of considered this as the greatest accom- Defense shall determine the amount of any plishment of his life. new Education Secretary, Rod Paige, grant to be provided under this section in In 1968, Jim became a member of the called North Carolina’s education sys- such a manner to ensure that all costs for Ways and Means Committee, where he tem ‘‘a model for the Nation.’’ The the purposes for which the grant is awarded devoted his energy to Social Security, School Support and Improvement Act will be reimbursed. tax, and welfare reform. He became a is designed to translate one of the les- (d) AUTHORIZATION OF APPROPRIATIONS.— crusader for the welfare of senior citi- sons we learned in North Carolina to There are authorized to be appropriated such zens and the disadvantaged members of the nationwide education reform effort. sums as may be necessary to carry out the At the heart of the North Carolina provisions of this section. our society. school reform program is a very simple SEC. 2. TREATMENT OF FEDERAL WRITE-IN AB- Recognizing that his constituents SENTEE BALLOT. would have better access to federal idea: immediately after we identify a Section 103 of the Uniformed and Overseas services if there were a federal building school that is in trouble, we assign a Citizens Absentee Voting Act (42 U.S.C. in the San Fernando Valley, Jim was special team of experienced, specially 1973ff–2) is amended by adding at the end the responsible for securing funds for its trained educators, principals and ad- following: construction. It is only fitting that ministrators to go to the school and ‘‘(g) REQUIREMENTS FOR STATES RECEIVING this building be named after the man help them devise a plan to turn that CERTAIN GRANTS.—If a State receives a grant who considered constituent service to school around. amount with respect to use of Federal write- The team begins with an intensive in absentee ballots under the program ad- be one of his top priorities. ministered by the Federal Voting Assistance Mr. President, James C. Corman was evaluation of teachers, administration Program within the Department of Defense, a well-respected Member of the House. and curriculum. Teachers and local the State shall, in addition to the other re- I am pleased to honor his memory by school district officials work with the quirements of this section— introducing a bill to designate the fed- Assistance Team to develop a plan tai- ‘‘(1) treat any otherwise valid Federal eral building in Van Nuys as the James lored to the school’s needs and de- write-in absentee ballot, that meets the uni- C. Corman Federal Building. signed to improve student perform- form requirements promulgated by the Pres- ance. idential designee under this title for such By Mr. EDWARDS: Assistance Teams have been remark- ballot, as meeting applicable State law re- S. 469. A bill to provide assistance to ably successful in North Carolina. garding acceptance of absentee ballots; and ‘‘(2) accept and count any otherwise valid States for the purpose of improving Since the program started in 1997, As- Federal write-in absentee ballot received by schools through the use of Assistance sistance Teams have been assigned to the appropriate State election official on a Teams; to the Committee on Health, 33 schools across North Carolina. Of date that is not later than 10 days after the Education, Labor, and Pensions. those 33 schools, 29 have improved sig- date of the election to which the ballot re- Mr. EDWARDS. Mr. President, today nificantly and are no longer considered fers. I am introducing the School Support low-performing. The overall percentage ‘‘(h) REGULATIONS.—The Presidential des- and Improvement Act of 2001, a bill de- of low-performing schools has also de- ignee shall promulgate a regulation— signed to help ensure that every child creased, from 7.5 percent in the 1996–97 ‘‘(1) stating uniform requirements for treatment and acceptance of Federal write- in America has access to a quality pub- school year to 2.1 percent in the 1999– in absentee ballots; and lic school, with good teachers, ade- 2000 school year. ‘‘(2) to provide that the design of any ab- quate facilities and a safe environment In short, Assistance Teams are a sentee ballot or envelope under this title— to learn. proven method to get low-performing

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1909 schools back on the path of providing tional support and technical assistance as continue to provide assistance or that the quality education. described in subsection 1117 (c)(1)(B), a State local educational agency or the state edu- Our bill would accomplish two educational agency shall give priority in as- cational agency, as appropriate, take alter- native actions with regard to the school. things: First, it would make the North signing the State assistance teams under this paragraph to school in which the edu- (B) may provide additional technical as- Carolina model of sending Assistance cational performance of the students is far- sistance and support through such ap- Teams into low performing schools a thest from meeting the State standards as proaches as— priority throughout the country. Sec- determined by the State— (i) the designation and use of distinguished ond, it would require that the utiliza- (A) first, to schools subject to corrective teachers and principals, chosen from schools tion of Assistance Teams be a priority action under section 1116(c)(5); served under this part that have been espe- (B) second, to schools identified for school cially successful in improving academic in every States’ efforts to turn around achievement; low performing schools. In order to improvement under section 1116(c); and (C) third, to schools that have failed to (ii) providing assistance to the local edu- carry out this task, the bill provides make adequate yearly progress under section cational agency or school in the implemen- additional resources to the States. 1111 for 1 year and where placement of a tation of research-based comprehensive Mr. President, with the right tools, State assistance team is appropriate and re- school reform models; and (iii) a review process designed to increase and adequate resources, we can begin quested by the local education agency or the the capacity of local educational agencies school. to put low-performing schools back on and schools to develop high-quality school (2) section 1117(c) is amended to read as fol- the right track. Our legislation utilizes improvement plan; and a proven model and provides the nec- lows— (iv) other approaches as the state edu- (c) SCHOOL ASSISTANCE TEAMS.—In order to cational agency may deem appropriate. essary resources while still ensuring achieve the purpose described in subsection flexibility for the state and local edu- (a), each State— cational agencies. By Mr. BOND: (A) shall give priority in its use of program S. 470. A bill to amend the Uniformed I hope that this legislation will allow improvement funds for the establishment of and Overseas Citizens Absentee Voting other states to benefit from the schools assistance teams for assignment to Act, the Soldiers’ and Sailors’ Civil Re- sucessful model we have implemented and placement in schools in the State in ac- lief Act of 1940 to ensure that each vote in North Carolina. cordance with 1117(a)(3) and for providing cast by such voter is duly counted, and When the Health, Education, Labor such support as the State educational agen- cy determines to be necessary and available for other purposes; to the Committee and Pensions Committee considers the to assure the effectiveness of such teams. on Rules and Administration. Elementary and Secondary Education (i) COMPOSITION.—Each school assistance Mr. BOND. Mr. President, I rise Act in the coming days, I intend to teams shall be composed of persons knowl- today to introduce the Support to Ab- offer this proposal as part of that ef- edgeable about successful schoolwide sentee Uniformed and Overseas Citi- fort. I ask all of my colleagues to join projects, school reform, and improving edu- zens Voters Act of 2001. This bill en- cational opportunities for low-achieving stu- me in supporting this important legis- sures that Americans serving overseas, lation. Thank you. dents including— (a) teachers; be they the men and women of the I ask unanimous consent that the (b) pupil services personnel; military who stand guard on foreign text of the bill be printed in the (c) parents; shares, or equally deserving citizens RECORD. (d) distinguished teachers or principals; who serve our country in other venues, There being no objection, the bill was (e) representatives of institutions of higher will have their vote counted. American ordered to be printed in the RECORD, as education; citizens should not loose their right to follows: (f) regional educational laboratories or re- search centers; vote under arbitrary or unfair stand- S. 469 (g) outside consultant groups; or ards. It is therefore incumbent upon Be it enacted by the Senate and House of Rep- (h) other individuals as the state edu- lawmakers to ensure their rights are resentatives of the United States in Congress as- cational agency, in consultation with the protected. sembled, local educational agency, may deem appro- Although overseas mail is tech- SECTION 1. SHORT TITLE. priate. nically supposed to carry a postmark, This Act may be cited as the ‘‘School Sup- (ii) FUNCTIONS.—Each school assistance the reality of the situation is that cir- port and Improvement Act of 2001.’’ team assigned to a school under this Act cumstances in foreign countries, or at SEC. 2. FINDINGS. shall— (a) review and analyze all facets of the sea aboard u.S. Navy ships, can result The Congress finds— school’s operation, including the design and in mail being sent without a postmark. (1) The percent of low-performing schools operation of the instructional program, and Currently several states require a post- in this country is cause for national concern. assist the school in developing recommenda- mark for an absentee ballot to be (2) Low-performing schools may not be in a tions for improving student performance in counted and without such a postmark position, or their own, to make the kinds of that school; changes necessary to turn themselves around citizens are denied their vote through (b) collaborate with school staff and the and improve student achievement. absolutely no fault of their own. We local educational agency serving the school (3) The federal government, States, and saw the damaging affects of this stand- in the design, implementation, and moni- school districts must collaborate with ard in our most recent Presidential toring of a plan that, if fully implemented, schools to help them improve to meet the can reasonably be expected to provide stu- election. needs of their students. dent performance and help the school meet My bill provides that states may not (4) Schools must be held accountable for its goals for improvement, including ade- refuse to count a ballot submitted in their performance and improvement, but quate yearly progress under section an election for a Federal office by an must also be given the tools and resources 111(b)(2)(B) of the Elementary and Secondary absentee uniformed services member or they need to succeed. Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)); overseas citizen voter on the grounds SEC. 3. FUNDING FOR SCHOOL IMPROVEMENT. (c) evaluate, at least semiannually, the ef- that the ballot was improperly or Each State educational agency shall re- fectiveness of school personnel assigned to fraudulently cast ‘‘unless the State serve 5 percent of the amount the State edu- the school, including identifying outstanding finds clear and convincing evidence’’ of cational agency receives under subpart 2 of teachers and principals, and make findings part A for fiscal years 2002 through 2008, to and recommendations (including the need for fraud in the preparation or casting of carry out the State agency’s responsibilities additional resources, professional develop- the ballot by the voter. Specifically, under sections 1116 and 1117 (20 USC 6318), in- ment or compensation) to the school, the the bill states under a ‘‘Clear and Con- cluding carrying out the State educational local educational agency, and where appro- vincing Evidence’’ standard, the lack of agency’s statewide assistance and support priate, the State educational agency; and a witness signature, address, postmark, for local educational agencies, provided that (d) make additional recommendations as or other identifying information may an adequate percentage of that reservation is the school implements the plan described in not be considered clear and convincing passed to local educational agencies. paragraph (b) to the local educational agen- evidence of fraud, absent any other in- SEC. 4. PRIORITY FOR SCHOOL ASSISTANCE cy and the State educational agency con- formation or evidence. Consequently TEAMS. cerning additional assistance and resources Sec. 1117 (20 USC 6318) is amended— that are needed by the school or the assist- the mere absence of a postmark will (1) in section (a) by adding at the end the ance teams. not disqualify an overseas citizen from following— (iii) CONTINUATION OF ASSISTANCE.—After 1 casting his or her vote. (3) PRIORITY.—In assigning and placing school year, the school assistance team may Mr. President, our most recent elec- school assistance teams and providing addi- recommend that the school support team tion illustrates the clear need for

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1910 CONGRESSIONAL RECORD — SENATE March 6, 2001 change in our voting procedures. Re- sending them about the value we place Better Classrooms Act in the Senate to form is needed. By making certain that on them, their education and future? provide tax credits for school construc- American’s stationed overseas will Modernizing and repairing our na- tion projects. This bipartisan legisla- have their votes counted, this bill is tion’s schools is something I’ve been tion would leverage $1.7 billion in tax one crucial step in that direction. advocating for over a decade now. I se- credits over 5 years to pay the interest There is need for more reform however cured $100 million in the fiscal year on $25 billion in school modernization and I am working on a comprehensive 1995 appropriations bill as a down pay- bonds. election reform bill targeting abusive ment on a school modernization pro- I know this approach will work be- practices at home. I look forward to in- gram and was disappointed when those cause it mirrors a successful school troducing that legislation next week funds were rescinded. construction demonstration program I and working with my colleagues to- But we made real progress last year started in Iowa in 1997. The Iowa dem- wards adoption of all these measures. with the passage of a $1.2 billion initia- onstration is a two-prong response to tive to make emergency repairs. That our school modernization needs. First, By Mr. HARKIN (for himself, Mr. was a bipartisan agreement hammered we provide grants to local school dis- BINGAMAN, Mr. KENNEDY, Mr. out by Senator SPECTER and me in ne- tricts to make urgent repairs to rem- WELLSTONE, Mrs. CLINTON, and gotiations on the fiscal year 2001 appro- edy fire code violations. Second, grants Mr. DODD): priations bill with Congressman Good- are made to local school districts to S. 471. A bill to amend the Elemen- ling and the White House. subsidize a portion of the cost for a tary and Secondary Education Act of This was a 1 year authorization and new construction project. the School Repair and Renovation Act 1965 to provide grants for the renova- The program has been a big success. will reauthorize this bipartisan plan tion of schools; to the Committee on During the first 2 years of the dem- for 5 years. This program provides Health, Education, Labor, and Pen- onstration, federal funds of $14.7 mil- grants to Local Education Agencies to sions. lion supported projects totaling $142 help them make urgently needed re- million—each federal dollar leveraged Mr. HARKIN. Mr. President, today pairs and to pay for special education $10.33. we will be introducing the Public and construction related technology School Repair and Renovation Act. expenses. There is a legitimate federal role in This legislation will provide grants to Funds will be distributed to the helping fix our nation’s crumbling local schools so they can make the re- States. States will then distribute 75 schools, and we can do so without un- pairs to ensure the safety of their stu- percent of the funds on a competitive dermining local control of education. dents. I am pleased to be joined by Sen- basis to local school districts to make This federal role is recognized by Presi- ators BINGAMAN, KENNEDY, WELLSONE, emergency repairs such as fixing fire dent Bush who is recommending an ex- DODD, and CLINTON on this legislation. code violation, repairing the roof or in- panded use of private activity bonds for In 1998, the American Society of Civil stalling new plumbing. The remaining school construction projects. Engineers issued a Report Card for 25 percent will be distributed competi- Over the past few years we have had America’s Infrastructure which re- tively to local school districts to use several partisan skirmishes related to ported serious problems with the phys- for technology activities related to school construction. This is a new ical infrastructure in our nation. How- school renovation or for activities au- year, a new Congress, and a new admin- ever, the most alarming finding is the thorized under Part B of the Individ- istration. I look forward to working failing grade to schools in the United uals with Disabilities Education Act. with my colleagues to enact the School States—the only area to receive a fail- The School Repair and Renovation Repair and Renovation Act of 2001. I ing grade. Act is a key component in a two-prong ask unanimous consent that a copy of It is a national disgrace that the strategy to modernize our nation’s the report card to which I referred be nicest places our kids see are shopping schools. printed in the RECORD. malls, sports arenas, and movie thea- In the near future I will join forces There being no objection the mate- ters, and the most rundown place they with Representatives JOHNSON and rial was ordered to be printed in the see is their school. What signal are we RANGEL and introduce the America’s RECORD, as follows: 1998 REPORT CARD FOR AMERICA’s INFRASTRUCTURE

Subject Grade Comments

Roads ...... D¥ More than half (59 percent) of our roadways are in poor, mediocre or fair condition. More than 70 percent of peak-hour traffic occurs in congested conditions. It will cost $263 billion to eliminate the backlog of needs and maintain repair levels. Another $94 billion is needed for modest improvement—a $357 billion total. Bridges ...... C¥ Nearly one of every three bridges (31.4 percent) is rated structurally deficient or functionally obsolete. It will require $80 billion to eliminate the current backlog of bridge deficiencies and maintain re- pair levels. Mass Transit ...... C Twenty percent of buses, 23 percent of rail vehicles, and 38 percent of rural and specialized vehicles are in deficient condition. Twenty-one percent of rail track requires improvement. Forty-eight per- cent of rail maintenance buildings, 65 percent of all rail yards and 46 percent of signals and communication equipment are in fair or poor condition. The investment needed to maintain conditions is $39 billion. It would take up to $72 billion to improve conditions. Aviation ...... C¥ There are 22 airports that are seriously congested. Passenger enplanements are expected to climb 3.9 percent annually to 827.1 million in 2008. At current capacity, this growth will lead to gridlock by 2004 or 2005. Estimates for capital investment needs range from $40–60 billion in the next five years to meet design requirements and expand capacity to meet demand. Schools ...... F One-third of all schools need extensive repair or replacement. Nearly 60 percent of schools have at least one major building problem, and more than half have inadequate environmental conditions. Forty-six percent lack basic wiring to support computer systems. It will cost about $112 billion to repair, renovate and modernize our schools Another $60 billion in new construction is needed to ac- commodate the 3 million new students expected in the next decade. Drinking Water ...... D More than 16,000 community water systems (29 percent) did not comply with the Safe Drinking Water Act standards in 1993. The total infrastructure need remains large—$138.4 billion. More than $76.8 billion of that is needed right now to protect public health. Wastewater ...... D+ Today, 60 percent of our rivers and lakes are fishable and swimmable. There remain an estimated 300,000 to 400.000 contaminated groundwater sites. America needs to invest roughly $140 billion over the next 20 years in its wastewater treatment systems. An additional 2,000 plants may be necessary by the year 2016. Dams ...... D There are 2,100 regulated dams that are considered unsafe. Every state has at least one high-hazard dam, which upon failure would cause significant loss of life and property. There were more than 200 documented dam failures across the nation in the past few years. It would cost about $1 billion to rehabilitate documented unsafe dams. Solid Waste ...... C¥ Totals non-hazardous municipal solid waste will increase from 208 to 218 million tons annually by the year 2000, even though the per capita waste generation rate will decrease from 1,606 to 1,570 pounds per person per year. Total expenditures for managing non-hazardous municipal solid waste in 1991 were $18 billion and are expected to reach $75 billion by the year 2000. Hazardous Waste ...... D¥ More than 530 million tons of municipal and industrial hazardous waste is generated in the U.S. each year. Since 1980, only 423 (32 percent) of the 1,200 Superfund sites on the National Priorities List have been cleaned up. The NPL is expected to grow to 2,000 in the next several years. The price tag for Superfund and related clean up programs is an estimated $750 billion and could rise to $1 trillion over the next 30 years.

America’s Infrastructure G.P.A. = D. Total Investment Needs = $1.3 Trillion A = Exception B = Good C = Mediocre D = Poor F = Indequate Each category was evaluated on the basis of condition and performance, capacity vs. need, and funding vs. need.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1911 SUBMITTED RESOLUTIONS Last year, the Senate approved a PL 106–498 and how the project might similar resolution, marking for the operate in what is projected to be a first time, Congressional recognition of short water year. SENATE RESOLUTION 44—DESIG- the annual celebration of music, art, Because of the limited time available NATING EACH OF MARCH 2001, dance and theatre programs in Amer- for the hearing, witnesses may testify AND MARCH 2002, AS ‘‘ARTS EDU- ican schools. by invitation only. However, those CATION MONTH’’ There is growing awareness that arts wishing to submit testimony for the Mr. COCHRAN submitted the fol- education can help ensure America’s hearing record should send two copies lowing resolution; which was referred arts traditions and lead to higher of their testimony to the Sub- to the Committee on the Judiciary. I.Q.’s, better SAT scores, better math committee on Water and Power, Com- S. RES. 44 and language skills, less juvenile delin- mittee on Energy and Natural Re- Whereas the Congressional Recognition for quency, and improve chances of higher sources, United States Senate, SRC–2 Excellence in Arts Education Act (Public education and as well as increased job Senate Russell Courtyard, Washington, Law 106–533) was approved by the 106th Con- opportunities. DC 20510–6150. gress by unanimous consent; According to a study by the UCLA For further information, please call Whereas arts literacy is a fundamental Graduate School of Education and In- Trici Heninger, Staff Assistant, or Col- purpose of schooling for all students; leen Deegan, Counsel, at (202) 224–8115. Whereas arts education stimulates, devel- formation Studies, students involved in ops and refines many cognitive and creative the arts outscored students who were f skills, critical thinking and nimbleness in not exposed to arts on standardized AUTHORITY FOR COMMITTEES TO judgment, creativity and imagination, coop- tests. Among 10th graders, for example, MEET erative decisionmaking, leadership, high- 47.5 percent of low-arts-involved stu- COMMITTEE ON AGRICULTURE, NUTRITION AND level literacy and communication, and the dents scored in the top half of stand- capacity for problem posing and problem- FORESTRY solving; ardized tests while 65.7 percent of high- Mr. BOND. Mr. President, I ask unan- Whereas arts education contributes signifi- arts-involved students scored above the imous consent that the Committee on cantly to the creation of flexible, adaptable, test median. Agriculture, Nutrition, and Forestry be and knowledgeable workers who will be The study also found that students authorized to meet during the session needed in the 21st century economy; who consistently act in plays and of the Senate on Tuesday, March 6, Whereas arts education improves teaching musicals, join drama clubs or taking 2001. The purpose of this hearing will and learning; acting lessons showed gains in reading Whereas when parents and families, art- be to review nutrition and school lunch ists, arts organizations, businesses, local proficiency, self-concept and motiva- programs. civic and cultural leaders, and institutions tion. By the 12th grade, those consist- The PRESIDING OFFICER. Without are actively engaged in instructional pro- ently involved with instrumental objection, it is so ordered. grams, arts education is more successful; music scored significantly higher on COMMITTEE ON ARMED SERVICES Whereas effective teachers of the arts math tests. The findings held true for Mr. BOND. Mr. President, I ask unan- should be encouraged to continue to learn students regardless of parents’ income, imous consent that the Committee on and grow in mastery of their art form as well occupation or level of education, re- Armed Services be authorized to meet as in their teaching competence; searchers said. Whereas educators, schools, students, and during the session of the Senate on other community members recognize the im- I hope that by designating March as Tuesday, March 6, 2001 at 2:30 p.m., in portance of arts education; and Arts Education Month, more schools closed session to receive testimony on Whereas arts programs, arts curriculum, and communities will engage in activi- current and future worldwide threats and other arts activities in schools across ties that showcase, celebrate, reward to the national security of the United the Nation should be encouraged and pub- and provide new arts experiences for States. licly recognized: Now, therefore, be it students of all ages. The PRESIDING OFFICER. Without Resolved, I invite all of my colleagues to join objection, it is so ordered. SECTION 1. DESIGNATION OF ARTS EDUCATION MONTH. me in sponsoring Arts Education COMMITTEE ON COMMERCE, SCIENCE, AND The Senate— Month. TRANSPORTATION (1) designates each of March 2001, and f Mr. BOND. Mr. President, I ask unan- March 2002, as ‘‘Arts Education Month’’; and imous consent that the Committee on (2) encourages schools, students, educators, NOTICES OF HEARINGS/MEETINGS Commerce, Science, and Transpor- parents, and other community members to COMMITTEE ON INDIAN AFFAIRS tation be authorized to meet on engage in activities designed to— Wednesday, March 7, 2001, at 9:30 a.m. (A) celebrate the positive impact and pub- Mr. CAMPBELL. Mr. President, I lic benefits of the arts; would like to announce that the Com- on voting technology reform. The PRESIDING OFFICER. Without (B) encourage all schools to integrate the mittee on Indian Affairs will meet on objection, it is so ordered. arts into the school curriculum; Wednesday, March 7, 2001 at 9:30 a.m. in (C) spotlight the relationship between the COMMITTEE ON FOREIGN RELATIONS room 485 of the Russell Senate Office arts and student learning; Mr. BOND. Mr. President, I ask unan- Building to conduct a business meeting (D) demonstrate how community involve- imous consent that the Committee on to adopt the rules of the committee for ment in the creation and implementation of Foreign Relations be authorized to the 107th Congress. arts policies enriches schools; meet during the session of the Senate (E) recognize school administrators and Those wishing additional information on Tuesday, March 6, 2001, at 2 p.m. to faculty who provide quality arts education may contact committee staff at 202/224– hold a hearing. to students; 2251. (F) provide professional development op- The PRESIDING OFFICER. Without portunities in the arts for teachers; COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES (G) create opportunities for students to ex- SUBCOMMITTEE ON CONSUMER AFFAIRS, perience the relationship between participa- SUBCOMMITTEE ON WATER AND POWER FOREIGN COMMERCE AND TOURISM tion in the arts and developing the life skills Mr. SMITH of New Hampshire. Mr. Mr. BOND. Mr. President, I ask unan- necessary for future personal and profes- President, I would like to announce for imous consent that the Subcommittee sional success; the information of the Senate and the on Consumer Affairs, Foreign Com- (H) increase, encourage, and ensure com- public that an oversight hearing has merce and Tourism, of the Committee prehensive, sequential arts learning for all students; been scheduled before the Sub- on Commerce, Science, and Transpor- (I) honor individual, class, and student committee on Water and Power. tation be authorized to meet on Tues- group achievement in the arts; and The hearing will take place on day, March 6, 2001, at 10 a.m. on the ef- (J) increase awareness and accessibility to Wednesday, March 21, 2001 at 2:00 p.m. fectiveness of gun locks. live performances, and original works of art. in room SD–628 of the Dirksen Senate The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, today Office Building in Washington, DC. objection, it is so ordered. I am introducing a Senate resolution The purpose of this hearing is to con- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS to designate March 2001, and March duct oversight on the Klamath Project Mr. BOND. Mr. President, I ask unan- 2002, as ‘‘Arts Education Month.’’ in Oregon, including implementation of imous consent that the Permanent

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S1912 CONGRESSIONAL RECORD — SENATE March 6, 2001 Subcommittee on Investigations of the will convene at 9:30 a.m. tomorrow and I now ask if my distinguished col- Governmental Affairs Committee be be in a period of morning business until league, the junior Senator from Vir- authorized to meet during the session 11:30 a.m. Following morning business, ginia, who is chairman on our side, so of the Senate on Tuesday, March 6, the Senate will resume consideration to speak, of the high-tech task force, 2001, 9:30 a.m., for a hearing entitled of the bankruptcy reform bill. Amend- would care to say a few remarks. I ‘‘The Role of U.S. Correspondent Bank- ments are expected to be offered and might add we are trying to prolong this ing In International Money Laun- therefore votes can be expected session a few minutes so the pages dering.’’ throughout the day. Members are en- don’t have homework. For those who The PRESIDING OFFICER. Without couraged to work with the bill man- follow these proceedings, we are just objection, it is so ordered. agers if they intend to offer amend- about there. f ments. I yield to the Senator. Mr. ALLEN. Mr. President, I thank PRIVILEGE OF THE FLOOR f the senior Senator, Mr. WARNER, for al- Mr. ENZI. Mr. President, I ask unani- ORDER FOR ADJOURNMENT lowing me to make a few remarks mous consent that Patrick Thompson Mr. WARNER. If there is no further about technology. It is a great honor to and Liz Dougherty of my staff be business to come before the Senate, I be chairman of the Senate Republican granted the privilege of the floor for now ask unanimous consent the Senate high-tech task force, where we are the duration. stand in adjournment, following my re- looking at a variety of issues to allow The PRESIDING OFFICER. Without marks and those of Senator ALLEN. the technology community to continue objection, it is so ordered. The PRESIDING OFFICER. Without to improve our lives. f objection, it is so ordered. Senator WARNER has been a tremen- APPOINTMENT f dous leader in this regard, especially as far as security is concerned. We all on THE INTERNET AND CYBERSPACE The PRESIDING OFFICER. The the task force very much look forward Chair, in accordance with Public Law Mr. WARNER. Mr. President, if I to his further contributions. 93–618, as amended by Public Law 100– may take a moment or two, we have The people in this country are bene- 418, on behalf of the President pro tem- just concluded on the House floor a bi- fiting a great deal from the technology pore and upon the recommendation of partisan meeting between Members of in communications, and in commerce the Chairman of the Committee on Fi- the House and Senator ALLEN and my- there is tremendous potential, as well nance, appoints the following Members self where we had some 400-plus indi- as in education, in biotechnology, in of the Finance Committee as congres- viduals from all across the United transportation, and elsewhere. Just for sional advisers on trade policy and ne- States discussing a wide range of issues people to understand our philosophy, gotiations: The Senator from Iowa (Mr. regarding the Internet and cyberspace. we trust free people and free enter- GRASSLEY) the Senator from Utah (Mr. It was a fascinating discussion. That prise. People should not be limited or HATCH) the Senator from Alaska (Mr. group is soon to come over to this hampered in their creativity, and it MURKOWSKI) the Senator from Montana Chamber, following the Senate stand- should be the marketplace, free people (Mr. BAUCUS) and the Senator from ing in recess, where Senator ALLEN and making free choices as to whether or West Virginia (Mr. ROCKEFELLER). I will continue that discussion, but we not someone’s technological invention f will also speak about the history of or innovations are worthy of their pur- ORDERS FOR WEDNESDAY, MARCH this Chamber. chases. 7, 2001 In the course of my remarks—and So we think those are the principles then I will call on my distinguished that should be guiding us in deter- Mr. WARNER. Mr. President, I ask colleague to follow with his remarks— unanimous consent that when the Sen- mining the success determined by the I addressed the extraordinary problem people in the marketplace. ate completes its business today, it ad- that the entire Nation is facing with journ until the hour of 9:30 a.m. on Mr. President, in recognizing how regard to those devising capabilities to Wednesday, March 7. I further ask much technological opportunity we hack into our computer systems and, unanimous consent that on Wednesday, have, we need to make sure that our as chairman of the Armed Services immediately following the prayer, the rural communities have access to high- Committee, what our committee is now Journal of proceedings be approved to speed Internet capabilities. But these doing with the subcommittee on date, the morning hour be deemed ex- technologies not only have not reached emerging threats, which under the pired, the time for the two leaders be all the areas of our country, which is leadership of Senator ROBERTS has reserved for their use later in the day, important, but they certainly haven’t taken many strides towards trying to and the Senate then begin a period of reached all corners of the world. take positive actions to stop the inva- Consider this: If the entire world pop- morning business until 11:30 a.m. with sion of our computer systems. ulation was reduced to 100 people, with Senators speaking for up to 10 minutes In the year 1999, there were over the current ratios staying the same, each with the following exceptions: 20,000 invasions of various computer here are a few examples of how the Senator DURBIN or his designee, 9:30 systems in the Department of Defense, world would look: Out of the 100; 57 a.m. to 10:30 a.m.; Senator DOMENICI, and in the following year up to 24,000 would be Asians; 21 European; 14 would 10:30 a.m. to 10:45 a.m.; Senator ROB- intrusions into our system. That says be from the Western Hemisphere, ERTS, 10:45 a.m. to 11 a.m.; Senator to us, as we proceed to make our mili- North and South America; 8 would be THOMAS, 11 a.m. to 11:30. I further ask unanimous consent that tary more high tech, we are highly vul- Africans; approximately 80 out of the if either leader uses time during the al- nerable because of that situation, and I hundred would live in substandard lotted time, that time be adjusted ac- urge this group to work more closely housing; about 60 to 70 would be unable cordingly. with the Department of Defense and to read; 50 would suffer from malnutri- The PRESIDING OFFICER. Without other departments and agencies within tion; 50 would not have made their first objection, it is so ordered. the Federal Government to do every- telephone call; about 1 would have a Mr. WARNER. Mr. President, I fur- thing we can to try to make more se- college education; and maybe 11⁄2 out of ther ask unanimous consent that at cure our computers and other aspects 100 of the world’s population would 11:30 a.m. the Senate resume consider- of cyberspace. have a computer. ation of S. 420, the bankruptcy reform It is to the advantage of the private As you can see, we have a long way bill. sector because security against hack- to go. So we need to understand that The PRESIDING OFFICER. Without ing into their system—a bank going this country is the technology leader. objection, it is so ordered. into accounts, an investment house It is what is allowing us to compete in the international marketplace, to im- f going into accounts, medical things, people working on patents, and so prove our methods of manufacturing PROGRAM forth—is desperately needed. I am and production in an efficient, top- Mr. WARNER. Mr. President, for the pleased to be a part of the team here in quality approach, as well as reducing information of all Senators, the Senate the Senate that is looking at this. emissions and toxins.

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — SENATE S1913 I think as long as we continue to fos- To be major general To be brigadier general ter the proper tax, regulatory, and edu- BRIG. GEN. MARTHA T. RAINVILLE, 0000 COL. CHARLES W. FOX JR., 0000 cational policies in this country, and THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT as long as the invigorating breeze of STATES OFFICERS FOR APPOINTMENT IN THE RESERVE IN THE UNITED STATES ARMY TO THE GRADE INDICATED OF THE AIR FORCE TO THE GRADES INDICATED UNDER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND freedom continues to blow into new TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: markets and places in the world, tech- To be major general To be lieutenant general nology will improve construction, com- BRIG. GEN. DENNIS A. HIGDON, 0000 MAJ. GEN. JOSEPH M. COSUMANO JR., 0000 munications, education, life sciences, BRIG. GEN. JOHN A. LOVE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. CLARK W. MARTIN, 0000 medical sciences, and transportation. IN THE RESERVE OF THE ARMY TO THE GRADES INDI- BRIG. GEN. MICHAEL H. TICE, 0000 I very much look forward to the lead- CATED UNDER TITLE 10 U.S.C., SECTION 12203: ership of the President and Senator To be brigadier general To be major general WARNER in the Senate to allow the COL. BOBBY L. BRITTAIN, 0000 BRIG. GEN. PERRY V. DALBY, 0000 COL. CHARLES E. CHINNOCK JR., 0000 BRIG. GEN. CARLOS D. PAIR, 0000 technological revolution to continue to COL. JOHN W. CLARK, 0000 improve our lives and those of our fel- COL. ROGER E. COMBS, 0000 To be brigadier general COL. JOHN R. CROFT, 0000 low human beings here on earth. COL. JOHN D. DORNAN, 0000 COL. JEFFREY L. ARNOLD, 0000 Mr. WARNER. I thank my distin- COL. HOWARD M. EDWARDS, 0000 COL. STEVEN P. BEST, 0000 COL. MARY A. EPPS, 0000 COL. HARRY J. PHILIPS JR., 0000 guished colleague. How much I look COL. HARRY W. FEUCHT JR., 0000 COL. CORAL W. PIETSCH, 0000 forward to working with him here in COL. WAYNE A. GREEN, 0000 COL. LEWIS S. ROACH, 0000 COL. GERALD E. HARMON, 0000 COL. ROBERT J. WILLIAMSON, 0000 the Senate. COL. CLARENCE J. HINDMAN, 0000 COL. DAVID T. ZABECKI, 0000 f COL. HERBERT H. HURST JR., 0000 IN THE MARINE CORPS COL. JEFFREY P. LYON, 0000 ADJOURNMENT UNTIL 9:30 A.M. COL. JAMES R. MARSHALL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. EDWARD A. MCILHENNY, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE TOMORROW COL. EDITH P. MITCHELL, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COL. MARK R. NESS, 0000 Mr. WARNER. Mr. President, I ask COL. RICHARD D. RADTKE, 0000 To be major general unanimous consent that the Senate ad- COL. ALBERT P. RICHARDS JR., 0000 BRIG. GEN. JOHN W. BERGMAN, 0000 COL. CHARLES E. SAVAGE, 0000 journ under the previous order. COL. STEVEN C. SPEER, 0000 IN THE NAVY There being no objection, the Senate, COL. RICHARD L. TESTA, 0000 COL. FRANK D. TUTOR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 9:06 p.m, adjourned until Wednesday, COL. JOSEPH B. VEILLON, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED COL. VAN P. WILLIAMS JR., 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND March 7, at 9:30 a.m. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f IN THE ARMY To be vice admiral THE FOLLOWING ARMY NATIONAL GUARD OF THE NOMINATIONS REAR ADM. JAMES C. DAWSON JR., 0000 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- Executive nominations received by SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE ARMY TITLE 10, U.S.C., SECTION 12203: the Senate March 6, 2001: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be brigadier general THE UNITED STATES OFFICER FOR APPOINTMENT TO IN THE AIR FORCE THE GRADE INDICATED IN THE RESERVE OF THE ARMY COL. PAUL C. DUTTGE III, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STATES OFFICER FOR APPOINTMENT IN THE RESERVE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel OF THE AIR FORCE TO GRADE INDICATED UNDER TITLE IN THE UNITED STATES ARMY TO THE GRADE INDICATED 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: JOE L. PRICE, 0000

VerDate Mar 15 2010 03:14 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E279 EXTENSIONS OF REMARKS

IN HONOR OF PETER T. MILLER in Walla Walla for training at the local air vancement of Colored People is celebrating its base. The two married upon his return from 18th Annual Ruby McKnight Williams Awards HON. DENNIS J. KUCINICH the South Pacific in 1945. Banquet on March 8, 2001 and I would like to OF OHIO After the marriage ceremony, Garth was dis- join in honoring the memory of a famed Pasa- charged from the service and the two settled dena native son, Matthew ‘‘Mack’’ Robinson. IN THE HOUSE OF REPRESENTATIVES in Pico Rivera in 1950. They raised three Mack Robinson was a world-class athlete. Tuesday, March 6, 2001 sons, John, Gregory and Jeffrey, and became Competing in the 1936 Summer Olympics in Mr. KUCINICH. Mr. Speaker, I rise today to active in local community affairs. Mary Jane Berlin, Germany, he won a silver medal in the honor the memory of Peter T. Miller, the chief was PTA President and helped Garth estab- 200-meter run, crossing the finish line just a photographer for WKYC Channel 3 in Cleve- lish his political career. She served as first step behind that great Olympian, Jesse land, Ohio and winner of eight Emmy awards. lady of Pico Rivera eight times while her hus- Owens. Mack’s roots in Pasadena ran deep. A graduate of Kent State University in the band served as mayor. She helped organize He was a track star at Pasadena City College 1950’s, Mr. Miller began his 42-year career as various political functions and gave much of in 1938, the same year his younger brother, a television cameraman in Cleveland with her time to different causes and organizations future Dodgers’ great Jackie Robinson, let- WJW Channel 8 in 1959. During his time in and around Pico Rivera. tered there in four sports. Mack set national there, he received Emmy awards from the Mary Jane has shown true commitment to junior college records in the 100- and 200- Cleveland regional chapter of the National public service while also raising a family. All of meter runs and in the long jump. When the Academy of Television Arts and Sciences for Pico Rivera’s citizens are grateful for her serv- Olympic games were held in Los Angeles in documentaries about the Cleveland Orchestra ice and dedication to her community and wish 1984, Mack helped carry the Olympic flag into Chorus and the Hattie Larlham Foundation her many more future successes. Los Angeles Memorial Coliseum. He cared and for an entertainment feature about the f deeply for his community and, later in life, was Singing Angels. In 1985, Mr. Miller began his renowned for leading the fight against street IN HONOR OF THE NATIONAL work at Channel 3, where in 1986 he received crime in Pasadena. GUARD MEMBERS WHO LOST honors for Individual Achievement in News One of Mack’s great causes was ensuring a THEIR LIVES ON MARCH 2, 2001 Videography for a Halloween series. In 1998 monument was built in his hometown to honor he was part of the WKYC team that took first his brother, the man who in 1947 broke major place honors for its report, ‘‘On Schindler’s HON. CLIFF STEARNS league baseball’s color barrier. The Pasadena List’’, from the Association for Women in Com- OF FLORIDA Robinson Memorial, honoring both brothers, munications. IN THE HOUSE OF REPRESENTATIVES was dedicated in 1997. Pasadena City College Fellow photographers marveled at Mr. Mil- Tuesday, March 6, 2001 last year renamed its stadium to honor the pioneering brothers and Congress last year ler’s work ethic, sense of teamwork, under- Mr. STEARNS. Mr. Speaker, this past Sat- approved naming the post office at 600 Lin- standing of a story and artful eye. Traveling urday, 21 National Guardsmen lost their lives coln Avenue in Pasadena, California, as the tirelessly in order to document the day’s hap- when their C–23 transport plane crashed. The ‘‘Matthew ‘Mack’ Robinson Post Office Build- penings, he was often seen locally attending guard members were returning from a training ing.’’ football games, visiting nursing homes, ob- mission in Florida—one of the pilots lived in Sadly, Mack died at the age of 88 in Pasa- serving school board meetings, or covering my district. urban riots. He even took his camera abroad, Our thoughts and prayers are with the fami- dena on March 12, 2000. showing Greater Clevelanders sites from lies and friends of these soldiers, and this Mr. Speaker, I join the Pasadena NAACP in around the world from music concerts to the tragedy serves as a reminder of the sacrifices saluting Mack Robinson for the shining exam- Persian Gulf War. made by those who serve and protect our ple he presented in sports and in life. Mack My fellow colleagues, please join me today country. Robinson was truly a champion in all he did. in honoring the memory of Peter T. Miller, a Mr. Speaker, last week, both the House and f gifted television photographer whose dedica- Senate passed resolutions honoring the life of tion and passion for his life’s work provided IN HONOR OF DOROTHY OLIVIA NASCAR great, Dale Earnhardt, who was GREENWOOD TOLLIVER Clevelanders with valuable images of impor- killed in the Daytona 500. I, of course share in tant events from around the world. the admiration of his life and the remorse in f his death. HON. DENNIS J. KUCINICH OF OHIO TRIBUTE TO MRS. MARY JANE I do want to make the point, however, that IN THE HOUSE OF REPRESENTATIVES GARDNER the guardsmen who lost their lives on Satur- day were no less dedicated to their jobs, their Tuesday, March 6, 2001 families, or their communities. The men and Mr. KUCINICH. Mr. Speaker, I rise today to HON. GRACE F. NAPOLITANO women in our armed services place their lives honor the memory of Dorothy Olivia Green- OF CALIFORNIA on the line daily, where even routine training wood Tolliver. Dorothy was a great servant of IN THE HOUSE OF REPRESENTATIVES missions can carry the same risk as actual the people of Cleveland and leader of the Afri- Tuesday, March 6, 2001 combat. So I ask my colleagues to remember those can-American community. Her recent death, at Mrs. NAPOLITANO. Mr. Speaker, I am who serve our Nation. They may not have the the age of 80, is a sorrowful event for the en- proud to rise today and honor Ms. Mary Jane notoriety, but their service is immeasurable. tire Cleveland, Ohio community. Gardner of my 34th Congressional District in After graduating from Kent State and pur- Pico Rivera, California. Later this month, Ms. f suing further studies at The Julliard School of Gardner will be awarded the ‘‘Club Woman of IN MEMORY OF MATTHEW ‘‘MACK’’ Music in New York, she returned to Cleveland the Year’’ award by the Pio Pico Woman’s ROBINSON and began working for the U.S. Government Club for her invaluable public service to her making maps to use during World War II. After community. HON. ADAM SCHIFF the war, Dorothy taught briefly in Medina, and Mary Jane was born on December 30, 1921 OF CALIFORNIA in 1948 she returned to Cleveland to become in Walla Walla, Washington. After finishing IN THE HOUSE OF REPRESENTATIVES a part of the Cleveland School System where high school and a year of business college, she remained until her retirement in 1986. she went to work at a local bank in Walla Tuesday, March 6, 2001 As a young child, Dorothy was blessed with Walla. During World War II, Mary Jane met a Mr. SCHIFF. Mr. Speaker, the Pasadena the gift of musical ability. With her long-lasting young aviator named Garth Gardner who was branch of the National Association for the Ad- passion of music and the arts, she performed

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.000 pfrm01 PsN: E06PT1 E280 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 in several productions. Her love for music was of today, including myself, are the bene- thority on a federal judge to select the relevant planted in her many students as a music ficiaries of his pioneering efforts. His life offers law that will apply in a given case. teacher. While in the Cleveland Public School an invaluable lesson about Latino leadership In sum, Mr. Speaker, this legislation speaks System, Dorothy directed numerous perform- in the past and provides an inspiring guide for to process, fairness, and judicial efficiency. It ances. future empowerment and contributions to the will not interfere with jury verdicts or com- Dorothy Olivia Greenwood Tolliver was a life American social fabric. pensation rates for litigators. I therefore urge long member of the NAACP, and the National I extend my heartfelt sympathies to his wife my colleagues to join me in a bipartisan effort Council of Negro Women. Her civic activities Angelina, daughter Margo De Ley, sons to support the Multidistrict, Multiparty, included the Phyllis Wheatley Association, ju- David, Frank and Ernesto Corona and grand- Multiforum Jurisdiction Act of 2001. venile justice, Project Friendship, Volunteer children Baltazar De Ley, Lisa and Clarity Co- f Guardianship Program, Upward Bound, City rona. THE ‘‘CHILD SUPPORT FAIRNESS Club, and the League of Women Voters. One f of her noted prestigious movements was AND FEDERAL TAX REFUND opening the Neighborhood Book Shoppe, the H.R. 860, THE MULTIDISTRICT, INTERCEPTION ACT OF 2001’’ first book store in Ohio that featured books MULTIPARTY, MULTIFORUM about African-American history by African- TRIAL JURISDICTION ACT OF 2001 HON. MICHAEL N. CASTLE American authors, the only store of its kind OF DELAWARE between New York City and Chicago. HON. F. JAMES SENSENBRENNER, JR. IN THE HOUSE OF REPRESENTATIVES After her career as a teacher ended, Doro- OF WISCONSIN Tuesday, March 6, 2001 thy spent her remaining years supporting her IN THE HOUSE OF REPRESENTATIVES Mr. CASTLE. Mr. Speaker, I rise today to in- husband’s efforts while serving on the Cleve- Tuesday, March 6, 2001 land School Board and continuing his civil troduce the ‘‘Child Support Fairness and Fed- rights law practice. Mr. SENSENBRENNER. Mr. Speaker, I rise eral Tax Refund Interception Act of 2001.’’ I ask the House of Representatives to join to introduce the Multidistrict, Multiparty, This legislation expands the eligibility of one of me today in honoring the memory of this great Multiforum Trial Jurisdiction Act of 2001. our most effective means of enforcing child community leader and role model. This legislation addresses two important support orders—intercepting the Federal tax refunds of parents delinquent in paying their f issues in the world of complex, multidistrict liti- gation. Section 2 of the bill would reverse the court-ordered financial support for their chil- TRIBUTE TO MR. BERT CORONA effects of the 1998 Supreme Court decision in dren. Under current law, the Federal tax re- the so-called Lexecon case. It would simply fund offset program operated by the Internal HON. GRACE F. NAPOLITANO amend the multidistrict litigation statute by ex- Revenue Service (IRS) is limited to cases OF CALIFORNIA plicitly allowing a transferee court to retain ju- where the child is either a minor or a disabled IN THE HOUSE OF REPRESENTATIVES risdiction over referred cases for trial, or refer adult. them to other districts, as it sees fit. In fact, It goes without saying that a parent who Tuesday, March 6, 2001 section 2 only codifies what had constituted brings a child into this world is responsible for Mrs. NAPOLITANO. Mr. Speaker, I rise ongoing judicial practice for nearly 30 years providing for that child’s physical needs re- today to pay tribute to one of the Latino com- prior to the Lexecon decision. gardless of any conflict with the child’s custo- munity’s most devout civil rights and labor Section 3 addresses a particular specie of dial parent. In July 1999, I received a letter leaders. Mr. Bert Corona passed away Janu- complex litigation—so-called ‘disaster’ cases, from Lisa McCave of Wilmington, Delaware. ary 15, 2001 in Los Angeles following a series such as those involving airline accidents. The She wanted to know where the justice was in of recent health problems. His death was a language set forth in my bill is a revised the IRS allowing her husband to collect a watershed in Latino and labor history. version of a concept which, beginning in the $2,426 tax refund when he still owed her near- Bonn on May 29, 1918 in El Paso, Texas, 101st Congress, has been supported by the ly $7,000 in back child support just because Mr. Corona spent his childhood moving back Department of Justice, the Administrative Of- her son is no longer a minor and is not dis- and forth between El Paso and the Mexican fice of the U.S. Courts, two previous Demo- abled. city of Chihuahua. As a student at the Univer- cratic Congress, and one previous Republican Since her son was three, Ms. McCave has sity of Southern California, he became in- Congress. Section 3 will help to reduce litiga- had to work two jobs to make up for child sup- volved in the labor ferment of the 1930’s. He tion costs as well as the likelihood of forum port installments that were never paid. She was elected President of Local 26 of the Inter- shopping in single-accident mass tort cases. has spent the better part of her time away national Longshoreman and Warehouse Union All plaintiffs in these cases will ordinarily be from work tracking down her former husband, where he was a close political ally of Harry situated identically, making the case for con- who has often quit his job as soon as his Bridges, one of labor’s most progressive lead- solidation of their actions especially compel- wages were garnished to repay this debt. ers. ling. These types of disasters—with their hun- Now, she is trying to pay off $55,000 in parent During World War II, Bert served in the dreds of thousands of plaintiffs and numerous loans she incurred to send her son to college. United States Army Air Corps as a para- defendants—have the potential to impair the Mr. Speaker, we all know the answer to Lisa trooper and a surgical assistant. Following the orderly administration of justice in federal McCave’s question. Under the current law, war, Mr. Corona returned to his activist role courts for an extended period of time. there is no justice in limiting the eligibility for founding organizations that promoted the em- Mr. Speaker, during the eleventh-hour nego- this tax intercept program to minors and dis- powerment of Latinos and working with great tiations with the Senate last term, I offered to abled adults. determination to end discrimination among mi- make three changes in an effort to generate The good news is that we can correct this norities. In the 1960’s he founded CASA and greater support for the bill. As a show of good injustice. Improving our child support enforce- Hermandad Mexican, housing and immigrants faith, I incorporate those changes in the bill I ment programs in neither a Republican nor a rights organizations. Bert also helped found am introducing today. They consist of the fol- Democrat issue—it is an issue that should the Mexican American Political Association, lowing: concern all of us. According to recent govern- one of California’s oldest Latino political orga- First, a plaintiff must allege at least ment statistics, there are approximately 12 mil- nizations. $150,000 in damages (up from $75,000) to file lion active cases where a child support order In 1993, Corona published ‘‘Memories of in U.S. district court. requires a noncustodial parent to contribute to- Chicano History,’’ his autobiography written Second, an exception to the minimum diver- wards the support of his/her child. Of the $22 with Mario T. Garcia. The book has become a sity rule is created: A U.S. district court may billion owed pursuant to these orders in 1999, staple in Chicano and ethnic studies courses not hear any case in which a ‘‘substantial ma- only half have been paid. I am confident we at universities throughout the country. jority’’ of plaintiffs and the ‘‘primary’’ defend- can all agree to fix this injustice in our Federal Throughout his life, Bert himself taught at sev- ants are citizens of the same state; and in tax refund offset program and help some of eral universities including Stanford and the which the claims asserted are governed ‘‘pri- our most needy constituents receive the finan- California State campuses of San Diego, marily’’ by the laws of that same state. In cial relief they are owed. Northridge, Fullerton and Los Angeles. other words, only state courts may hear such I would like to clarify for everyone’s benefit It was Bert Corona’s vision that helped build cases. that this legislation does not create a cause of the foundation to pave the way for Latino ad- Third, the choice-of-law section will be action for a custodial parent to seek additional vancement in our society. Many Latino leaders stricken. It confers too much discretionary au- child support. The existing program merely

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.005 pfrm01 PsN: E06PT1 March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E281 helps custodial parents recover debt they are IN MEMORY OF U.S. SOLDIERS my doorbell rang. I opened the door and owed for a level of child support that are set KILLED IN SAUDI ARABIA there was Lt. Col. Richard White. He had so much pain in his eyes. I saw how difficult it by a court after both sides had the opportunity was for him to tell me that my husband, Spc. to present their arguments about the proper HON. JOHN P. MURTHA John Boliver, had been killed in action due size of the child support. OF PENNSYLVANIA to injuries sustained in an Iraqi SCUD mis- IN THE HOUSE OF REPRESENTATIVES sile attack. In the 106th Congress, this legislation A few weeks after John’s funeral my friend passed the House by a vote of 405 to 18 as Tuesday, March 6, 2000 invited me for dinner. She wanted to spend a a provision in H.R. 4678, the ‘‘Child Support Mr. MURTHA. Mr. Speaker, on Sunday, little time with me and to get me out. Her Distribution Act of 2000.’’ The Senate version February 25, 2001, a decade after the Iraqi husband, who is also my friend, had done a of this bill also enjoyed strong bipartisan sup- large portion of John’s funeral service, and Scud missile attack on the U.S. barracks in he asked me so sincerely how I was doing. I port, but the 106th Congress expired before Dhahran, Saudi Arabia, a young woman who told him that I was okay, but that the nights the Senate could complete its consideration. lost her husband and the father of her two were so difficult for me to get through. When The Federal tax refund offset program is re- children spoke eloquently about the impact of I would sleep, the nightmares were terrible, that awful event. While the magnitude of such so I was trying not to sleep at all. He told me sponsible for retrieving nearly one-tenth of all a tragedy can never be fully overcome, her something then that helped to change my back child support collected. The time has story is also one of renewal and healing and life. He said, ‘‘Paula, when you go through come to make it a greater success. I urge my joy. It is a poignant and fitting tribute to the the worst times of grief, you need to find an colleagues to cosponsor this legislation and anchor. Something stable for you to hold men and women who perished that day. I onto so that grief won’t sweep you away. look forward to working with the House Ways want to share her remarks with my Col- Something that can never change or be and Means Committee to work to bring this bill leagues: taken away from you.’’ to the House Floor. If ten years ago I could have looked ahead I went home that night and looked for my to today, and could have seen myself stand- anchor. The only thing I had that could f ing here telling all of you that I’m happy, never be taken away from me was that God healed, and whole again, it would have made loved me. He loved me so much and He want- my time of grief so much easier. Because ed to comfort me and to heal my heart. He IN MEMORY OF SENATOR ALAN then I would have known that my heart wanted to put the shattered pieces of my life CRANSTON would someday heal and life would be worth back together. Jer. 29:11 was one of many living again. That’s not how I felt then. My promises: I know the plans I have for you, life was shattered into a million pieces and I says the Lord. Plans to prosper you and not HON. DENNIS J. KUCINICH couldn’t see how they could ever be put back to harm you, plans to give you hope and a fu- together again. ture. That was what I needed, and that was OF OHIO John and I worked at the Baptist Homes, a what I began to build my life on. nursing facility in Castle Shannon. My It was the second spring after John’s IN THE HOUSE OF REPRESENTATIVES mother introduced us and we became instant death. I went outside on my deck and the sun friends. John was so easy to like. He was was shining and the trees were budding, and Tuesday, March 6, 2001 friendly and outgoing . . . always with a the smells of spring were so heavy in the air. twinkle in his eye. A couple months into our All of a sudden I realized that I was enjoying Mr. KUCINICH. Mr. Speaker, I rise today in friendship, John asked me to be his date at the sun on my face and the smells of spring. memory of a truly remarkable man, one who a party he was throwing. Of course I said It was as if everything I saw was in color, genuinely exemplified what it means to be a that I would go. He asked me to dance to a and I had been seeing life in black and white. public servant, Senator Alan Cranston. slow song that came on the stereo, and that The feeling of contentment only lasted a dance was the beginning of a great love in brief time but I realized that day I was get- Cranston served four terms in the United my life. ting better. That someday I could enjoy life States Senate, and as the Democratic Whip John and I married the following summer. again. during seven consecutive Congressional ses- We had two beautiful children, Matthew and Then four years after I lost John, I found Melissa. John loved fatherhood and it suited Phil, or maybe he found me. However it was, sions. But more than that he served the Amer- him . . . really he was a kid in an adult body we just seemed to fit together. The kids fell ican people. He fought to protect the environ- so it sort of came natural to him. We bought in love with Phil right along with me, and he ment, to promote peace and human rights and a house and spent Melissa’s first Christmas fell in love with us too, and he married us. to control nuclear arms, fighting tirelessly to in it . . . that’s when Saddam Hussein He made our family complete again and I prevent future usage of such weapons. Cran- intruded on our lives. Before I knew what thank god every day for him. Then four was happening, John was on his way to the years into our marriage, God gave us Alison, ston did not compromise his personal views Persian Gulf and I knew my life would never our nineteen month old daughter. Alison had nor the best interests of his constituents dur- be the same. a difficult beginning. She was born with ing his service. The day of February 25th started out with Down syndrome, but more importantly, with a letter from John. He said all the things two little holes in her heart that were life- A masterful legislator, Senator Cranston that he said in every letter I ever got from threatening. She was life-flighted to Chil- often served as an integral figure in the pas- him, how much he loved us, how much he dren’s Hospital and I was afraid that I would sage of legislation. This deft political touch al- missed us. Then he told me about the SCUD never see her alive again. I wrestled with lowed him to build coalitions, using the power alerts. He talked about the gas masks and God for three nights over her diagnosis. I of an idea to transcend ideological barriers. the chaos and I worried. That evening I was questioned His reasons for making her with out with my sister and I returned home to such a disability. But more than anything, I An advocate of peace, Senator Cranston find family members waiting for me. My wanted her to live. I told God that if He was an influential figure in the termination of brother was standing in my living room and spared her life, I would be the best mother to the Vietnam war and in leading U.S. arms the television was on. On it I saw soldiers her that I could be. I understand how pre- running and heard yelling and chaos and si- cious life was and that God makes no mis- control and peace movements. Despite his op- rens blasting . . . but that didn’t grab my at- takes. Boy did He answer my prayer. She was position for war, he lead support for the sol- tention as much as the look on my brother’s a miracle baby. She got better and stronger diers who fought in the conflict, voting solidly face. He asked me where John was in Saudi. and both of those little holes closed over and for veterans’ benefits legislation from 1969 I told him I didn’t know. He said that there her heart is healthy. And she’s the love of and 1992. was a SCUD attack in Dhahran and the mis- my life. She brings me so much joy every sile hit a warehouse and they believed the day. When she smiles, her whole face smiles. As former aide Daniel Perry wrote in Roll 14th was being housed there. As I was taking All the love that I lost in that scud missile Call January 4, 2001, Cranston embodied the in what he was telling me, the room started attack, God gave back to me and multiplied maxim, ‘‘a leader can accomplish great things to spin and a feeling of dread came flooding it. How grateful I am to Him. I am so thank- over me. I asked, ‘Were there casualties?’ he ful for God’s faithfulness and love to me. if he doesn’t mind who gets the credit.’’ said there were some. But the highest num- This is just my story. We all have a story, My fellow colleagues, Senator Alan Cran- ber were injuries. I knew that john was in wounds and scars of our hearts that tell the ston is a man who deserves the respect and that warehouse. My family tried to reassure stories of our lives. They make us who we me that chances were that he was injured, are. But if those scars and wounds make us admiration of every citizen. Let us recognize but in my spirit, I knew that he was gone. I more compassionate toward others who are him for his years of dedication to public serv- had already felt the separation. I waited all suffering, if they makes us more grateful for ice. night for the officer to come. And at 6 am every day we live and for the ones we love,

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.008 pfrm01 PsN: E06PT1 E282 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 and stronger for the difficulties that lie values which helped her in raising her own our great nations. His commitment to secure a ahead on this journey called ‘‘life,’’ then our children. Married in 1937, Mrs. Stefanski was productive working relationship has resulted in soldiers’ sacrifice is all the more meaning- mother to five children: Ben, Hermine Cech, a sound base that will further continuing eco- ful—to us and to all of those whose lives we touch, because we have become better Abigail, Floyd and Marc. Throughout her life, nomic and political endeavors. It is an honor human beings. Gerome Rita Stefanski always made her fam- to recognize his work today on the floor, and I want to thank my family, who loved John ily her first priority. Foregoing a career as a I thank him for his dedication to such an im- so much and grieved with me, to my children social worker, Mrs. Stefanski chose to stay at portant area of our foreign policy. who are my angels—they gave me reason to home and raise her children to assure that get up every morning and gave me so much they would grow up in the same loving envi- f love. ronment which she had known as a child. I want to thank my friends and my Church Mrs. Stefanski attended college at Notre AL RESCINIO, MAN OF THE YEAR, family who prayed for me faithfully and en- Dame College of Ohio and earned a master’s AMERIGO VESPUCCI SOCIETY couraged me daily, and most of all to my mom, who was the best friend I ever had and degree from Catholic University of Wash- I’ll always miss her. ington, D.C. At her college graduation, Mrs. HON. FRANK PALLONE, JR. I also want to thank the families of the Stefanski was awarded the Bishop Schrembs OF NEW JERSEY 14th Quartermaster. We have cried together Cross for recognition of her superior essay on IN THE HOUSE OF REPRESENTATIVES and laughed together. We have shared our the subject of religion as a working principle of Tuesday, March 6, 2001 deepest pain and our greatest joys. Your life. She was also recently awarded an hon- strength gave me strength. Your courage orary doctorate from Notre Dame College of Mr. PALLONE. Mr. Speaker, on Saturday, gave me courage. The circumstances of our Ohio. March 3, the Amerigo Vespucci Society of meeting were so tragic and yet I am so Long Branch, N.J., my hometown, honored Al grateful to have known you. Shortly after her marriage, Gerome Rita And to Janet Glasser, our family support Stefanski was an important partner in the Rescinio as Man of the Year. I am proud to coordinator. Janet, you were the glue. With- founding of the Third Federal Savings Asso- say that Al is a constituent and friend who has out you, we would never have had the sup- ciation. Working closely with her husband Ben, made innumerable contributions to our com- port system that we had. You were so far she prepared all of the original organizational munity, our county, and our state. above what your job required of you. You documents. Mrs. Stefanski served as the sole Al was born and educated in Long Branch have been like a big sister to me. I can’t even advertising manager and wrote all of its publi- and later graduated from Upsala College with begin to thank you for everything you’ve cations for almost fifty years. A pioneer of the a degree in business. He worked for the inter- done. I am so grateful to have you in my life. national organization of certified public ac- To my husband Phil, for always loving me increased role of women in the workplace, and letting me be who I am. For taking Matt Mrs. Stefanski became the Third Federal Sav- countants, Haskins & Sells, while he and his and Melissa into your life and making them ings Association’s first female director in 1981. wife Marge raised their four children. These your own. For our little Alison, our little Mrs. Gerome Rita Stefanski was a brilliant children, who no doubt are Al’s greatest angel that we are so privileged to be parents businesswomen and a loving mother, My fel- source of pride and satisfaction, are now all to. For being my best friend. low Congressmen, please join me in cele- successful professionals—individuals who are And my utmost gratitude to John Boliver brating the life of Gerome Rita Stefanski. in turn making their own contributions to soci- . . . for the love he brought into my life, for f ety. the two children he made with me, for all the In 1968, Al started his own firm, Umberto laughing we did, and all the silly arguments. BILL FRENZEL, ORDER OF THE Rescinio, C.P.A. Since then, he has partici- . . . I loved it all and I wouldn’t change a RISING SUN thing. He brought me so much joy and pated in many national organizations and taught me so much about courage. I will al- charities, giving back to those in need some of ways hold him in my heart until we meet HON. JAMES C. GREENWOOD what he earned and achieved throughout his again in glory. OF PENNSYLVANIA career. Thank you—Paula Wukovich. IN THE HOUSE OF REPRESENTATIVES Locally, he has been affiliated with the Mon- f Tuesday, March 6, 2001 mouth County Drug and Alcohol Abuse Com- mission and the NJ State Planning Council of PERSONAL EXPLANATION Mr. GREENWOOD. Mr. Speaker, it is with Central Jersey. He has received many awards great pleasure that I take a moment to recog- and citations for his contributions. HON. PAT TOOMEY nize one of our former colleagues, Bill Frenzel On March 3, members of the Amerigo Ves- OF PENNSYLVANIA of Minnesota. Bill recently received the Order pucci Society honored him and thanked him IN THE HOUSE OF REPRESENTATIVES of the Rising Sun from the Emperor of Japan. for helping to raise the $62,000 that was do- This decision is one of the highest honors that nated this year to local charities by the Soci- Tuesday, March 6, 2001 can be bestowed on someone of non-Japa- ety. On that night, it was apparent how one Mr. TOOMEY. Mr. Speaker, due to unfore- nese descent. Such a distinguished honor man and one civic-minded organization can seen circumstances, I missed rollcall votes highlights his dedication and many years of make a big difference in the lives of the citi- Nos. 23, 24, and 25. Had I been present, I service to the development of Japanese-Amer- zens of their community. would have voted ‘‘nay’’ on rollcall vote No. ican relations. Many of these efforts began 23, ‘‘nay’’ on rollcall vote No. 24, and ‘‘nay’’ on right here while he was serving on the House f rollcall vote No. 25. Ways and Means Committee. Bill was known IN HONOR OF REVEREND FATHER f as the most active Republican on trade mat- ters and was an instrumental player in the ad- RAPHAEL (ALBERT) ZBIN, O.S.B. IN HONOR OF GEROME RITA vancement of the trade relationship between STEFANSKI America and Japan. HON. DENNIS J. KUCINICH During the last six years, Bill has served as OF OHIO HON. DENNIS J. KUCINICH the Chairman of the Japan-America Society of IN THE HOUSE OF REPRESENTATIVES Washington, DC, a non-partisan educational OF OHIO Tuesday, March 6, 2001 IN THE HOUSE OF REPRESENTATIVES and cultural organization. Founded in 1957, it serves as the primary forum in the Mid-Atlantic Mr. KUCINICH. Mr. Speaker, I rise today in Tuesday, March 6, 2001 region for promoting understanding between honor of Reverend Father Raphael (Albert) Mr. KUCINICH. Mr. Speaker, I rise today to the two countries. While there, Bill has worked Zbin, O.S.B., a man whose strong personality celebrate the life of Gerome Rita Stefanski. A hard to foster the development of an open, challenged others to work hard to build a spir- loving mother of five children and a coura- U.S.-Japanese dialogue. His efforts helped itually, socially and physically sound commu- geous businesswoman, Mrs. Stefanski’s life create an honest discussion regarding cultural nity. serves as a beautiful example of the American differences, unfair trade practices, protectionist A native of Lakewood, Ohio, Father Raphael dream come true. measures and the need for increased Japa- served much of his eighty years as both a reli- Daughter of Helen and Alexander nese participation in multinational corpora- gious and educational leader. While attending Rutkowski, Gerome Rita Stefanski was raised tions. St. Benedict’s College in Atchison, Kansas, he in a loving and caring environment. From her Bill’s work has been essential in creating entered the Benedictine Order and professed parents, Mrs. Stefanski learned strong family stronger ground for trade relations between his vows as a monk in 1942. The following

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.011 pfrm01 PsN: E06PT1 March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E283 year he returned to Kansas and received his There is indeed precedence for such a tech- Fay Cohen served her community as an bachelor’s degree in science. nical correction. Similar corrections were made elected official on the Newton, Massachusetts Father Raphael then returned to Cleveland to the Internal Revenue Code as part of the Board of Aldermen. She was a tireless cam- to begin studies for the priesthood at the Taxpayer’s Relief Act of 1997 to ensure com- paigner for the Massachusetts Democratic former St. Joseph’s Seminary of the Blessed pliance to the Mental Health Parity Act of 1996 Party, and for political candidates who went on Sacrament Fathers while also teaching part- and the Newborns’ and Mothers’ Health Pro- to serve both the Commonwealth of Massa- time at Benedictine High School. During his tection Act of 1996. The correction I am seek- chusetts and the United States Congress. thirty years of teaching, Father Raphael be- ing today is like these and would ensure com- Senator EDWARD KENNEDY, Senator JOHN came a prominent figure in the Cleveland Di- pliance to the Women’s Health and Cancer KERRY, former Congressman Robert Drinan, ocesan School system. His reputation as a Rights Act of 1998. Governor Michael Dukakis, State Senator Lois strict disciplinarian motivated his students to Studies have documented that the fear of Pines and I have all been the recipients of Fay study diligently and win numerous contests. losing a breast is a leading reason why Cohen’s wisdom, dedication and hard work. Twenty-eight of the fifty-three highest honors women do not participate in early breast can- Fay Cohen may be retiring from her profes- projects recognized in the 1957 Diocesan cer detection programs. Now that coverage is sional career, but I know that I and others who Science Fair came from Benedictine due to guaranteed for reconstructive surgery following have relied on Fay’s political astuteness will Father Raphael’s exceptional ability to chal- breast cancer surgery, it is time to put the never let her retire from being one of our cher- lenge his students to produce quality work. teeth in that language and hold health plans ished activists. After receiving his master of science degree accountable for providing that coverage. As f in biology from Catholic University of America we begin to set the agenda for the 107th Con- in Washington, DC, Father Raphael was elect- gress, let us make this important correction to IN HONOR OF THE CLEVELAND ed chairman for the American Benedictine ensure the best possible support for breast SOUTHEAST LIONS CLUB Academy’s Science Division. In 1966, he was cancer victims. named Outstanding Science Teacher of North- f HON. DENNIS J. KUCINICH eastern Ohio by the Ohio Academy of OF OHIO Science. COMMENDING THE UKRAINIAN In 1976, Father Raphael became the pastor LEADERSHIP ON ITS EXPRES- IN THE HOUSE OF REPRESENTATIVES of St. Andrew Svorad Parish in downtown SION OF UNITY Tuesday, March 6, 2001 Cleveland. For the past quarter century, his Mr. KUCINICH. Mr. Speaker, I rise today to tireless energetic spirit brought about a num- HON. DENNIS J. KUCINICH honor the Cleveland Southeast Lions Club for ber of renovations to the parish’s physical OF OHIO 50 years of public service. plant and increased parish unity through his IN THE HOUSE OF REPRESENTATIVES For the last fifty years, the Cleveland South- organization of many socials and dinners. Tuesday, March 6, 2001 east Lions Club has been committed to serv- My fellow colleagues, join me in honoring ing the greater Cleveland area. This service the memory of Reverend Father Raphael (Al- Mr. KUCINICH. Mr. Speaker, today I rise to organization works earnestly to provide nu- bert) Zbin, a monk of Saint Andrew Abbey, commend Ukraine’s leadership—President merous philanthropic donations to charities all who always saw work to be done. Let us as- Leonid Kuchma, Chairman of the Rada Ivan over the world. pire in our own efforts to be such examples of Pliyshch, and Prime Minister Viktor In attempt to extend a helping hand, the hard work and dedication to improvement. Yushchenko—for their unified address to the Cleveland Southeast Lions Club annually f Ukrainan nation on February 13th. hosts an East West All Star Football game in Mr. Speaker, recently the country of Ukraine order to raise money for worthy programs WOMEN’S HEALTH AND CANCER has been faced with a degree of turmoil as a such as the Saint Vincent Charity Hospital RIGHTS CONFORMING AMEND- result of the kidnapping and murder of a jour- Lions Eye Clinic, Ohio Lions Eye Research MENTS OF 2001 nalist, Georgy Gongadze. As Ukraine’s leader- Foundation, Blind Welfare, and other deserv- ship acknowledged in their statement, the in- ing organizations. The Cleveland Southeast HON. SUE W. KELLY vestigation into this incident was initially Lions Club strives to reach out to the less for- marred by delays and inconsistencies. How- OF NEW YORK tunate by donating thousands of pounds of ever, the President, Prime Minister, and Chair- IN THE HOUSE OF REPRESENTATIVES clothing and food to Saint Augustine’s distribu- man of the Rada have pledged that all meas- tion to the needy. The members of the Cleve- Tuesday, March 6, 2001 ures will now be taken to get to the bottom of land Southeast Lions Club work daily to assist Mrs. KELLY. Mr. Speaker, I rise today to in- this case as soon as possible. senior citizens by driving them to doctors ap- troduce the Women’s Health and Cancer Mr. Speaker, this united affirmation by the pointments, the grocery store, or to the phar- Rights Conforming Amendments of 2001. This three highest officials in Ukraine will help quell macy. Not only are they involved in local serv- bill is a technical correction to legislation some of the recent unrest, propel the inves- ices, the Cleveland Southeast Lions Club col- adopted by the 105th Congress that ensures tigation of Gongadze’s death, and speed lects used eye glasses to be redistributed in reconstructive surgery coverage for all stages Ukraine’s return to normalcy. the third world countries. of reconstruction, including symmetrical recon- f The Cleveland Southeast Lions Club cul- struction, for breast cancer patients. tivates to the spirit of service upon which they TRIBUTE TO FAY COHEN During the 105th Congress, I introduced the were found, taking a specific interest in chil- Women’s Health and Cancer Rights Act of dren. This organization encourages a greater 1998. A specific provision of this bill that re- HON. BARNEY FRANK happiness for children with disabilities. By rais- quires coverage for reconstructive procedures OF MASSACHUSETTS ing money with various fundraisers that pro- after breast cancer surgery was passed into IN THE HOUSE OF REPRESENTATIVES mote community involvement, the Cleveland law in Title IX of the 1998 Omnibus Budget Southeast Lions Club helps send children to Tuesday, March 6, 2001 Bill. While passage of that legislation was a Camp Echoing Hills, a camp for individuals wonderful step forward, a loophole has been Mr. FRANK. Mr. Speaker, a very special with disabilities. identified which seriously weakens the intent person, Fay Cohen, is being honored by her It is evident that the Cleveland Southeast of this legislation. The bill I am introducing friends and colleagues on the occasion of her Lions Club has, over the years, played a cru- again today, would correct this flaw by con- retirement as aide to Massachusetts State cial role in the community, and that its many forming the Internal Revenue Code of 1986 to Senator Cynthia Creem. years of service have been an invaluable con- the requirements consistent with the Women’s Fay Cohen is special in many ways. She is tribution to the Cleveland community. For this Health and Cancer Rights Act. This change a woman who has successfully balanced her work, the Northeast Ohio community is thank- would provide a civil monetary penalty against professional life with years of volunteering for ful. those health plans who fail to provide cov- the causes she believed in. She is, indeed, a My fellow colleagues, please join me in hon- erage for breast reconstruction following mas- person with a special commitment to the oring the Cleveland Southeast Lions Club for tectomy or other breast cancer surgery. democratic ideals we all espouse. their 50 years of public service.

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.016 pfrm01 PsN: E06PT1 E284 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 CONGRATULATIONS TO THE ‘‘A lot of people don’t think cheerleaders PROCLAMATION FOR RAY AND GREENBACK HIGH SCHOOL are athletes,’’ said Penny McKee, who co- CATHY JANSEN CHEERLEADERS sponsors the team along with Tipton. ‘‘Well, they are athletes. They trained for this.’’ The team practiced its students for com- HON. STEVE ISRAEL HON. JOHN J. DUNCAN JR. petition 21⁄2 hours a day when not cheering at OF NEW YORK OF TENNESSEE Greenback sporting events. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Maryville College junior Nicole Johnson, Tuesday, March 6, 2001 an employee at Maryville’s Gymnastics Tuesday, March 6, 2001 Counts, choreographed the squad’s dance Mr. ISRAEL. Mr. Speaker, I submit the fol- Mr. DUNCAN. Mr. Speaker, earlier this year routine. lowing proclamation for the RECORD. the National Cheerleading Championship was Johnson’s friend Adriel McCord supplied Whereas, on March 31, 2001, Family Service held here in the Nation’s Capital. I am pleased the dance mix. League is celebrating 75 years of providing that the National Championship Award in the ‘‘The shake-your-booty part was their fa- comprehensive human services to the Long small school varsity division went to the vorite,’’ Johnson said. They stuck every Island Community with a Gala Celebration Greenback High School Cheerleaders, from stunt (in Washington). Their tumbling was entitled: ‘‘Restoring Hope . . . Rebuilding good. Greenback, Tennessee. Lives,’’ and ‘‘They surpassed every expectation.’’ Whereas, on that evening, Family Service Team members, Traci Russell, Amanda FEARLESS ONCE ON STAGE League will be honoring Catherine and Ray- McKeehan, Rebekah Raines, Kristi Evans, mond Jansen for their many years in service Sylvia Martin, Staci Kizer, Lynette Krohnfeldt, It wasn’t as easy as it seemed, Martin said. to the Long Island Community, and Melissa Spring, Chelsey Edmondson and Prior to taking the stage each day of the Whereas, Catherine and Raymond Jansen, Kallee Brooks are to be congratulated on win- two-day competition, everyone was a nerv- both as individuals and as a team, have epit- ous wreck. ning the award for their outstanding perform- omized and set the standard for dedicated ‘‘Once the music starts,’’ she said, ‘‘you service to the Long Island community with ance. just think about the routine.’’ There, McKee Mr. Speaker, I know that I join all Americans their strong commitment to philanthropy said, the squad was flawless. and dedication to family, and in wishing these young ladies best wishes on ‘‘They hit everything,’’ she said. ‘‘It was Whereas, Catherine Jansen, in addition to a job well done. perfect. That’s the best I’ve ever seen them.’’ serving as a member of Family Service I have included a copy of a story written in Much of the reason for the impact the League’s Board of Directors, is also Chair- the Maryville Daily Times describing their win- championship has generated is due to the man of the Board of Trustees of the ning the National Title that I would like to call size of Greenback. Hecksher Museum and serves on the Boards to the attention of my colleagues and other The school has an enrollment of 600 stu- of Caumsett Park Foundation, Project readers of the RECORD. dents, kindergarten through 12th grade. Only R.E.A.L., United Way’s Success by Six and 220 of those students are freshmen or above. the Three Harbors Garden Club, and CHEERLEADERS ON CLOUD NINE AFTER At the championships, where the largest Whereas, Raymond Jansen, in addition to WINNING NATIONAL TITLE squad had 28 members, the size of the Green- his recent appointment as Senior Vice Presi- (By Stefan Cooper) back contingent was quick to catch the eye. dent of the Tribune Publishing Company, They sat cross legged on the floor, cool, ‘‘Everywhere the other squads went, they and as president, publisher and CEO of calm and collected as they waited for the took three or four elevators,’’ McKee said. Newsday, is known for his community serv- word. ‘‘We could all cram into one.’’ ice on many boards and philanthropies and Finally, the public address announcer in for his leadership in bringing recognition to CHEMISTRY SPELLS SUCCESS the ballroom of the Washington Hilton Long Island’s everyday volunteers through stepped to the microphone. Key to the squad’s success is its chemistry. Newsday’s Winners Column, Every Day He- ‘‘And the national champion in the small Tipton said. roes, and the Long Islander of the Century school varsity division is . . . Greenback ‘‘Most of them have cheered from grade and FutureCorps. Therefore, be it High School, Greenback, Tennessee.’’ school up,’’ she said. ‘‘They’re really good Resolved, That Catherine and Raymond ‘‘They just went straight up in the air,’’ friends, and they just click.’’ Jansen, are here recognized in the United Pam Tipton, one of two sponsors for the And when Russell, McKeehan, Raines & Co. States Capitol for their many years of un- Greenback High School cheerleaders, said. took the stage in front of a panel of six selfish service to the Long Island community Since claiming the All-American Cheer judges for the finals Saturday, it carried and will be presented with this Proclamation and Dance national championship Saturday them through. in the CONGRESSIONAL RECORD. in the nation’s capitol. Traci Russell, Aman- ‘‘They weren’t nervous,’’ Tipton said. ‘‘I f da McKeehan, Rebekah Raines, Kristi Evans, was scared to death.’’ Sylvia Martin, Staci Kizer, Lynette ‘‘We thought they had a chance to do it, INTRODUCTION OF LEGISLATION Krohnfeldt, Melissa Spring, Chelsey but to actually have it happen is amazing. TO ESTABLISH A COMMISSION Edmondson and Kallee Brooks have yet to ‘‘It’s like something you see on TV, but FOR COMPREHENSIVE REVIEW come down. you never think you’ll be a part of it.’’ OF THE FAA A large turnout—complete with WKXT Topping it all off, once the trophy was Channel 8 in tow—met the team’s plane at claimed, Brooks, Raines and Edmondson McGhee Tyson Airport late Saturday. were named to the championships’ All-Star HON. FRANK R. WOLF WATE Channel 6 showed up at the school team and will represent AACD at the 2002 OF VIRGINIA Monday morning. Two area newspapers NFL Pro Bowl in Honolulu. scheduled back-to-back interviews with the IN THE HOUSE OF REPRESENTATIVES new champs Tuesday after school. TOUR OF THE U.S. CAPITOL Tuesday, March 6, 2001 ‘‘The girls haven’t had time to shave their It wasn’t all work and no play during their legs, and I haven’t had time to get my laun- five-day stay in Washington, Russell said. Mr. WOLF. Mr. Speaker, today I am reintro- dry done,’’ Tipton said. ‘‘The reaction from U.S. Rep. John J. Duncan Jr. gave the ducing a bill calling for a tough, comprehen- the community, the TV stations coming, it’s team a tour of the Capitol building. U.S. sive review of the Federal Aviation Administra- been mind-blowing.’’ Sen. Bill Frist arranged a visit to the White tion. The legislation would establish a commis- Not to worry. House. sion to focus on the critical need to improve The team has come up with a catch phrase ‘‘We did basket tosses over the gate,’’ Mar- aviation safety and to reduce airline delays. It to deal with their newfound celebrity, Raines tin joked. would examine both air traffic services and said: ‘‘Act casual.’’ The most memorable part of their visit, safety oversight by the FAA, and make rec- The national title comes on the heels of a though? win in dance at a Universal Cheerleaders As- ommendations on both the organizational ‘‘The subway,’’ Russell said. ‘‘Definitely.’’ sociation camp at the University of Ten- structure and processes of the agency. nessee last summer. Kidding aside, they have a lot of people to This is the perfect time, with a new adminis- Prior to both, Tipton said, the team looked thank, all 10 members said. tration entering the White House, for an unbi- out of sync. Without Johnson’s choreography, it never ased, impartial and independent commission ‘‘The week before we went to camp, I said, would have happened, they said. ‘‘We love you, Rudy,’’ Russell said. to begin working toward a solution to make ‘This not going to come together,’’’ she said. our skies safer and our airports more efficient. ‘‘Put them in front of a crowd and it was, McKee, Tipton, classmates, and the town ‘Whoa!’’’ of Greenback, all said, have been tremen- We owe it to the American traveling public to ‘‘ ‘Where did these girls come from?’’’ dous. make our skies as safe as possible and to put Regardless of the endeavor, it takes a lot ‘‘We’re honored,’’ Raines said. ‘‘We just an end to the horrendous delays we so often of work to make a champion. wanted to make Greenback proud.’’ hear about and experience.

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.022 pfrm01 PsN: E06PT1 March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E285 We should all be concerned about aviation and commercial deals are passed up when (4) to review aviation safety and make rec- safety. As air travel has increased, we have airline commerce does not flow smoothly. I ommendations for the long-term improve- seen increases in runway incursions, oper- hear my colleagues complain practically every ment of safety; and (5) to make additional recommendations ational errors among air traffic controllers, and day about the incredible and unacceptable air- that would advance more efficient and effec- near midair collisions. In 1999, one in five line delays. For those of us who fly often, our tive Federal Aviation Administration for the flights arrived late, with each delay averaging quality of life is greatly diminished because of benefit of the general traveling public and about 50 minutes. According to Ken Mead, in- this problem. the aviation transportation industry. spector general for the Department of Trans- The commission I propose would take a (c) MEMBERSHIP.— portation, when cancellations are added in, it’s comprehensive approach, and it would focus (1) APPOINTMENTS.—The Commission shall nearly one in four. A total of 1.5 million flights on ways to improve aviation safety for the be composed of 24 members appointed by the President as follows: were delayed or canceled last year. benefit of all Americans. Specifically, the bill (A) 8 individuals with no personal or busi- Since 1978, the number of daily departures would establish a Commission for Comprehen- ness financial interest in the airline or aero- has doubled and the number of passengers sive Review of the FAA. It would look at both space industry to represent the traveling has risen 250 percent. In 1999, U.S. airlines air traffic services and safety oversight by the public. Of these, 1 shall be a nationally rec- carried 694 million passengers on 13 million agency, and make recommendations on both ognized expert in finance, 1 in corporate flights. As air travel continues to increase, we the organizational structure and processes of management and 1 in human resources man- need to ask whether FAA is up to the job of the agency. However, the recommendations agement. adequate safety oversight, and whether Con- must address FAA’s organization within the (B) 6 individuals from the airline industry. Of these, 1 shall be from a major national air gress can do more to guide the agency. existing structure of government, rather than carrier, 1 from an unaffiliated regional air Mr. Speaker, the Boeing Company recently through privatization. carrier, 1 from a cargo air carrier, 1 from the called for the need for a new air traffic control The commission would have 24 members Aircraft Owners and Pilots Association, and system and even offered to fund improve- appointed by the President, and would include 1 from the National Association of State ments to the system themselves. representatives from airlines, airports, em- Aviation Officials. A recent letter from D.J. Carty, chairman, ployee unions, and pilots as well as the DOD (C) 3 individuals representing labor and president and CEO of American Airlines, says and other relevant federal entities. The legisla- professional associations. Of these, 1 shall be that American continues to be concerned tion requires that the commission request from National Air Traffic Controllers Asso- about the airline industry’s ability to serve the ciation, 1 from the Air Line Pilots Associa- must be submitted to the Congress within one tion, and 1 from the Professional Airways public transportation needs due to air traffic year of enactment. Systems Specialists. control and airport capacity constraints. Mr. Speaker, there is a great opportunity for (D) 2 individuals representing airports and The U.S. Chamber of Commerce, rep- the new administration to start off with a fresh airport authorities. Of these, 1 shall rep- resenting over three million businesses, re- approach in aviation. It is the perfect time for resent a large hub airport. cently stated that the air transport crisis is an unbiased, impartial and independent com- (E) 1 individual representing the aerospace damaging our economy with delays and con- mission to present new findings—focusing on and aircraft manufacturers industries. gestion costing industry and its shippers over aviation safety—to help guide the FAA in the (F) 1 individual from the Department of Defense. $5 billion annually. Tom Donohue, Chamber right direction for the future. (G) 1 individual from the National Aero- president stated that skyrocketing demand and The recommendations from this commission nautics and Space Administration. stagnant capacity are crippling the nation’s could be extremely helpful to the new Presi- (H) 2 individuals from the Department of aviation network and that we need a national dent and the new Congress as we consider Transportation. Of these, 1 shall be from the strategy to streamline runway and airport con- how to make our aviation system more safe Federal Aviation Administration and 1 from struction and modernize our outdated air traffic and efficient for the U.S. citizens and those the Office of the Secretary of Transpor- control system. who visit our country. tation. Mr. Speaker, I also point out that oper- Ideally, as soon as the commission reports (2) TERMS.—Each member shall be ap- pointed for a term of 18 months. ational errors among air traffic controllers are its findings, legislation could be considered by (d) FIRST MEETING.—The Commission may up significantly, as controllers try to cope with Congress to implement the recommendations conduct its first meeting as soon as a major- increasing traffic bearing down on crowded so that we can quickly move forward to make ity of the members of the Commission are hub airports. At the same time these errors the changes needed to correct the long-stand- appointed. are up, the FAA has announced a plan to sig- ing problems at the FAA. (e) HEARINGS AND CONSULTATION.— (1) HEARINGS.—The Commission shall take nificantly reduce the number of operational su- H.R.— pervisors available to assist and monitor that such testimony and solicit and receive such Be it enacted by the Senate and House of Rep- comments from the public and other inter- traffic. These errors have risen by 25 percent resentatives of the United States of America in ested parties as it considers appropriate, in the past two years alone. Congress assembled, shall conduct at least 2 public hearings after In addition, runway incursions continue to SECTION 1. SHORT TITLE. affording adequate notice to the public go up, raising cries of alarm from the National This Act may be cited as the ‘‘Commission thereof, and may conduct such additional Transportation Safety Board, the Office of In- for Comprehensive Review of the Federal hearings as may be necessary. spector General, and the Congress. The in- Aviation Administration Act’’. (2) CONSULTATION.—The Commission shall spector general told the transportation appro- SEC. 2. COMMISSION. consult on a regular and frequent basis with priations subcommittee seven months ago (a) ESTABLISHMENT.—There is established a the Secretary of Transportation, the Sec- retary of Defense, the Committee on Com- ‘‘this safety issue is one that demands con- commission to be known as the Commission for Comprehensive Review of the Federal merce, Science, and Transportation, the stant high-level attention,’’ so we called for Aviation Administration (referred to in this Committee on Appropriations and the Com- higher budgets, monthly reports and a national section as the ‘‘Commission’’). mittee on Finance of the Senate, and the summit on the issue. Yet the most recent re- (b) FUNCTIONS.—The functions of the Com- Committee on Transportation and Infra- port shows that runway incursions have not mission shall be— structure, the Committee on Appropriations gone down. They continue to go through the (1) to review existing and alternative op- and the Committee on Ways and Means of roof. tions for organizational structure of air traf- the House of Representatives. In addition, FAA has been unable to ad- fic services, including a government corpora- (3) FACA NOT TO APPLY.—The Commission tion and incentive based fees for services; shall not be considered an advisory com- dress the growing problem of airline delays. In (2) to provide recommendations for any mittee for purposes of the Federal Advisory the summer of 1999, delays were so high that necessary changes in structure of the Fed- Committee Act (5 U.S.C. App.). the FAA announced a special review of its eral Aviation Administration so that it will (f) ACCESS TO DOCUMENTS AND STAFF.—The traffic management programs. This review be able to support the future growth in the Federal Aviation Administration may give concluded that the agency could do a lot more national aviation and airport system; except the Commission appropriate access to rel- to provide efficient movement of aircraft that the Commission may only recommend evant documents and personnel and shall around the country. Immediate improvements changes to the structure and organization of make available, consistent with the author- were promised. However, the delays of the the Federal Aviation Administration that ity to withhold commercial and other propri- are within the existing structure of the Fed- etary information under section 552 of title past summer were just as high as the year be- eral Government; 5, United States Code (commonly known as fore, It not worse. (3) to review air traffic management sys- the ‘‘Freedom of Information Act’’), cost The American traveling public is getting tired tem performance and to identify appropriate data associated with the acquisition and op- of these horrible delays. Business meetings levels of cost accountability for air traffic eration of air traffic service systems. Any are canceled, family gatherings are disrupted, management services; member of the Commission who receives

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.023 pfrm01 PsN: E06PT1 E286 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 commercial or other proprietary data from and the latter an acronym for personal exemp- He exemplifies how one person’s commitment the Federal Aviation Administration shall be tion phasesout. to public education can make tremendous subject to the provisions of section 1905 of The income tax contains a number of unfor- changes towards improving our educational title 18, United States Code, pertaining to tunate provisions that phase-out various cred- unauthorized disclosure of such information. system. Raymund Paredes obtained his B.A., (g) TRAVEL AND PER DIEM.—Each member its, exemptions, and deductions. For example, in English from the University of Texas at Aus- of the Commission shall be paid actual trav- the amount an individual can take as itemized tin, in 1964. He went on to earn his in M.A. el expenses, and per diem in lieu of subsist- deductions falls for married taxpayers with ad- American Studies at the University of South- ence expenses when away from such mem- justed gross income (AGI) over a $132,950 ern California, 1969, and returned to the Uni- ber’s usual place of residence, in accordance threshold. These taxpayers see a reduction in versity of Texas at Austin for his Ph.D. in with section 5703 of title 5, United States their total itemized deductions at the rate of 3 American Civilization, in 1973. Code. percent for every $1,000 earned over the Dr. Paredes joined the faculty of UCLA’s (h) DETAIL OF PERSONNEL FROM THE FED- threshold. The proportion of a taxpayer’s English Department in 1973. His research has ERAL AVIATION ADMINISTRATION.—The Ad- ministrator of the Federal Aviation Admin- itemized deductions that can be lost due to focused on Mexican American literature and istration shall make available to the Com- this provision is capped at 80 percent of their culture and the impact of demographic change mission such staff, administrative services, otherwise allowable deductions. Similarly, for on American culture, art, and education. A and other personnel assistance as may rea- 2001 a taxpayer’s allowable personal exemp- driving force in the emergence of Chicano sonably be required to enable the Commis- tions are reduced by 2 percent for every studies as a discipline, he introduced Chicano sion to carry out its responsibilities under $2,500 over and above $199,450 in AGI. This literature courses to the UCLA curriculum and this section. provision raises the marginal tax rate by .8 chaired the Ce´sar Cha´vez Center for Chicana/ SEC. 3. REPORT OF THE COMMISSION. percent for affected taxpayers. o Studies from 1997 until 1999. He also (a) REPORT TO CONGRESS.—Not later than The itemized deduction phase-down and the served as an Associate Dean in the Graduate 30 days after receiving the final report of the personal exemption phase-out exist for only Division, overseeing the graduate fellowships Commission and in no event more than 1 year after the date of the enactment of this one reason—to increase taxes on the affected unit as well as affirmative action programs Act, the Secretary of Transportation, after taxpayers. Even more troubling, they do so by from 1986 to 1989. consulting the Secretary of Defense, shall significantly increasing tax complexity. Even As Associate Vice Chancellor, Academic transmit a report to the Committees on worse, they raise taxes by raising marginal Development since 1989, Raymund has been Commerce, Science, and Transportation, Ap- rates and they do so, not through an explicitly engaged in a broad range of activities encom- propriations, and Finance of the Senate and higher statutory tax rate, but through a hidden passing K–12 and community college out- the Committees on Transportation and In- device. reach, faculty recruitment and retention, cur- frastructure, Appropriations, and Ways and The reduction of marginal tax rates is a hall- ricular development, promotion of cultural and Means of the House of Representatives. mark of the Bush tax proposal. High marginal academic events, and, most recently, estab- (b) CONTENTS.—The Secretary shall include in the report to Congress under subsection tax rates discourage people form investing, lishment of Community Education Resource (a) a final report of findings and rec- saving, creating new businesses, and so forth. Centers in five Los Angeles neighborhoods. ommendations of the Commission under sec- Reducing these rates is therefore one of the He also worked on outreach in his capacity as tion 2(b), including any necessary changes to effective things we can do to ensure a strong- Special Assistant to UC President Richard At- current law to carry out these recommenda- er economy in the future. The bill I am intro- kinson from 1998 to 2000. tions in the form of proposed legislation. ducing today eliminates two hidden marginal Dr. Paredes has long believed that by set- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. tax rate increases and is, therefore, com- ting high expectations for students, they will There is authorized to be appropriated pletely consistent with the strategy of the Bush eventually overcome their challenges. Dr. such sums as may be necessary to carry out tax rate reductions. Paredes has been a strong advocate for the this Act. The bill I am introducing today is also fully establishment of educational partnerships that f consistent with sound tax policy because it lead to successful pipelines between high makes the tax code more transparent. Tax- schools and four-year colleges, as well as be- INTRODUCTION OF A BILL TO payers ought to be able to determine with little tween community colleges and Universities. ELIMINATE THE PERSONAL EX- effort the tax consequences of their economic He has played a most important role in out- EMPTION PHASE-OUT AND THE decisions. Hidden marginal rate increases are reaching to the most disenfranchised commu- ITEMIZED DEDUCTION PHASE- therefore inconsistent with sound tax policy nities in the state of California. He has helped DOWN and ought to be eliminated. further the goals of the first successful sum- Further, everyone involved in tax policy mer academy for migrant students from Cali- HON. PHILIP M. CRANE agrees that the tax code is too complex, too fornia. OF ILLINOIS costly to comply with, and too costly to admin- Dr. Paredes has served as an appointed IN THE HOUSE OF REPRESENTATIVES ister. This bill certainly does not sweep away member to the Task Force on Latino Eligibility by the University of California from 1992– Tuesday, March 6, 2001 all the cobwebs of complexity, but it will make the code simpler for those affected by these 1997. He has also served as an appointed Mr. CRANE. Mr. Speaker, today I am intro- two provisions. member of the Advisory Committee on Latino ducing three pieces of legislation to refine the f Education by the California State Department tax proposal put forward by President Bush. of Education, has served as an appointed Let me state at the outset that I fully support IN RECOGNITION OF THE ACHIEVE- member of the California Commission for the President Bush’s tax proposal as he laid it out. MENTS OF DR. RAYMUND Establishment of Academic Content and Per- I think it is appropriate for the times and well- PAREDES, ASSOCIATE VICE formance Standards, has served as the co- designed. Even so, there is no legislation or CHANCELLOR AT UCLA chair of the Committee on K–12 educational proposal that cannot be improved upon. And research for the Inter-University Program for so I offer these three bills in this spirit and in HON. HILDA SOLIS Latino Research and currently he is a Consult- the belief that the President in all likelihood OF CALIFORNIA ant on education to the Univision television would and should support them. IN THE HOUSE OF REPRESENTATIVES network. This bill takes as its starting point the in- Dr. Paredes’ true contributions to UCLA, the come tax rate reductions proposed by Presi- Tuesday, March 6, 2001 University of California, and the community at dent Bush, phased-in over ten years. I have Ms. SOLIS. Mr. Speaker, I rise to recognize large far exceed the span of his myriad re- included these rate reductions to provide the the achievements of Dr. Raymund Paredes, sponsibilities. A champion of educational ac- context for my proposed refinement, which is the Associate Vice Chancellor at UCLA. Dr. cess, equity, and diversity, he has been a to repeal the phase-down of itemized deduc- Paredes opened the doors of opportunity for highly effective ambassador and leader on be- tions and the phase-out of personal exemp- many students from Los Angeles County half of those causes. He has spearheaded tions contained in the current code. These through his leadership, direction and execution landmark programs and forged relationships provisions are sometimes known by the of academic development programs. He has between the University and important local in- names of Pease and PEP, the former named served not only as a professional role models stitutions—vital bonds that will endure be- for its originator. Congressman Don Pease, a for Latinos across the United States, but most cause of his commitment and persistence. distinguished Member of the Ways and Means importantly as a positive role model to the Sadly, Dr. Paredes is leaving his position at Committee during the 1986 Tax Reform Act, residents of the 31st Congressional District. UCLA, as he will be assuming the position of

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.025 pfrm01 PsN: E06PT1 March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E287 Director of Creativity, Culture and Arts Pro- equipment, power tables, sterilization equip- Repeal Act of 2001 which will repeal the indi- grams at the Rockefeller Foundation in New ment, light sources, irrigation fluid, ancil- vidual Alternative Minimum Tax (AMT). The York. lary personnel, and cost per square foot of domestic tax system has dramatically changed space). We believe this present policy ad- On behalf of the 31st Congressional District, versely and unfairly affects all providers who since the creation of the AMT regime. Con- I thank Dr. Paredes for your leadership, your aren’t owners of an ASC as well as Medicare sequently, this tax regime has long outlived its service and most importantly for your commit- beneficiaries. purpose. Today, the AMT is punitive in nature, ment to improving the quality of life for stu- Medicare beneficiaries are concerned about overly cumbersome and affects taxpayers who dents in the state of California. access and quality of care. Presently we pro- were never intended to fall into this tax trap. vide these services at four locations. Without To immediately reduce the number of wage f a level reimbursement policy concerning site of service, we will have to consider closing earners who are affected, my legislation will IF MEDICARE CAN BUY A PROS- some offices and congregating all or most of extend the current-law provision which allows TATE BIOPSY FOR $178, WHY these procedures at one centrally located personal tax credits to be applied against the SPEND $506? ASC. AMT calculation. The proposal will also imme- f diately increase the AMT income exemption HON. FORTNEY PETE STARK level, originally added to the AMT structure in INTRODUCTION OF NO GUNS FOR OF CALIFORNIA 1993, so that it is adjusted to reflect inflation VIOLENT PERPETRATORS ACT IN THE HOUSE OF REPRESENTATIVES since that time. Subsequently, it will increase the exemption amount annually by 10 percent. Tuesday, March 6, 2001 HON. DENNIS MOORE In addition, the bill will repeal the income limi- Mr. STARK. Mr. Speaker, Medicare pays OF KANSAS tation that currently applies to that exemption. different amounts for various medical proce- IN THE HOUSE OF REPRESENTATIVES Finally, at the end of a ten year period, the in- dures, depending on where the service is per- Tuesday, March 6, 2001 dividual AMT will fully be repealed. Included in the tax plan outline presented by formed. In general (but not always), we pay Mr. MOORE. Mr. Speaker, today I join with more for a procedure in a hospital outpatient twelve of my colleagues in introducing legisla- President George W. Bush, was a statement department, less for the same procedure in an tion that will help protect our communities by in support of additional tax code changes that ambulatory surgical center, and often even keeping guns out of the hands of our most would provide relief from the Alternative Min- less when that procedure is performed in a violent criminals. imum Tax. Please join me by cosponsoring doctor’s personal office. As an elected District Attorney for twelve this important legislation. Eliminating the AMT Some people—the very frail or those who years, I know that tough enforcement of our will reduce the complexity of the tax code and are quite sick—often need to be cared for in current laws is vital to keeping our commu- remove another heavy burden shouldered by a setting where intensive support services can nities safe. One of these federal laws in exist- wage earners. be quickly provided. But for most, these var- ence makes it illegal for convicted felons to f ious procedures can be performed safely in a posses a firearm. But would it surprise you to INTRODUCTION OF A BILL TO RE- variety of settings. know that there is no similar prohibition on DUCE THE CORPORATE TAX For those who do not need back-up support, possession of a firearm by a person who has RATE TO 33 PERCENT it would seem that Medicare ought to pay no a juvenile adjudication of a violent crime? That more than the lowest cost site of service. I’ve is a fact. And it is a narrow loophole in the law introduced legislation to ensure that type of that should be closed. HON. PHILIP M. CRANE savings—savings that would run into the hun- A constituent who owns a gun store in my OF ILLINOIS dreds of millions per year. district, Bob Lockett, brought this loophole to IN THE HOUSE OF REPRESENTATIVES The following letter from a group of doctors my attention. An individual with a conviction Tuesday, March 6, 2001 describes why we should enact this change— for a shooting death as a juvenile in California ASAP. tried to purchase gun parts at his store. The Mr. CRANE. Mr. Speaker, today I am intro- ducing three pieces of legislation to refine the FEBRUARY 14, 2001. State of Kansas has a law making it illegal for tax proposal put forward by President Bush. Representative PETE STARK, persons with a juvenile adjudication of a vio- Cannon House Office Building, lent crime to possess a firearm. Therefore, Let me state at the outset that I fully support Washington, DC. when a search discovered the prior conviction, President Bush’s tax proposal as he laid it out. DEAR REPRESENTATIVE STARK: We are a Mr. Lockett was able to prevent the purchase I think it is appropriate for the times and well- group of six urologists. We are writing this and notify the authorities. I commend Mr. designed. Even so, there is no legislation or letter to voice our concerns about, and ask Lockett for his actions and for bringing this proposal that cannot be improved upon. And for your help in clarifying/rectifying HCFA matter to my attention. so I offer these three bills in this spirit and in reimbursement policy as it relates to site of Mr. Speaker, although I am grateful that the belief that the President in all likelihood service payments. To briefly summarize, three routine and Kansas has such a law, I believe that this would and should support them. frequently performed urology procedures are should be a federal law to prevent violent per- The bill I am introducing takes as its starting reimbursed at very different rates when per- petrators from possessing firearms nationwide. point the income tax rate reductions proposed formed in a physician’s office versus an am- These individuals with a violent past should be by President Bush, phased-in over ten years. bulatory surgical center. The procedures, prohibited from possessing firearms. I have included these rate reductions to pro- corresponding CPT codes and associated pay- During my years as a District Attorney, I vide the context for my proposed refinement, ments are: found that, to the victim of a violent crime, it which is to reduce the top corporate income makes little difference whether the perpetrator Office ASC tax rate to 33 percent to be consistent with the CPT code and description pmt. pmt. was an adult or a juvenile. I believe we all can top individual income tax rate in the Bush pro- agree that violent persons should not be able 52000 Cystourethroscopy ...... $179 $418 posal of 33 percent. 52281 Cystourethrscopy w/urethral calibration/dilation 232 569 to legally possess a firearm. The driving force of the Bush tax program is 55700 Prostate biopsy ...... 178 506 Mr. Speaker, persons who have a juvenile the importance of reducing tax rates. This is adjudication for a violent felony should never manifested in the reduction in the statutory tax As you can see, if the bill for these proce- possess a firearm. I urge my colleagues to rates, but also in such provisions as the dou- dures is sent to Part A Medicare instead of support this important legislation. Part B Medicare the reimbursement is tre- bling of the per child credit, the effect of which mendously higher. This is true even though f is to soften the high effective tax rates many they are exactly the same service provided THE ALTERNATIVE MINIMUM TAX lower-income taxpayers face due to the with identical equipment. REPEAL ACT OF 2001 phase-out of the Earned Income Tax Credit The Medicare Payment Advisory Commis- (EITC). When we reduce these ‘‘marginal’’ tax sion (MedPAC) has stated ‘‘All else being rates, we reduce the most important disincen- equal, Medicare should pay for ambulatory HON. MAC COLLINS tives our tax system imposes on work effort, care based on the service, not the setting in OF GEORGIA saving, and investment. Think of it! Just as an which it is provided.’’ AUA Health Policy IN THE HOUSE OF REPRESENTATIVES individual or a family starts to climb the eco- Brief, Page 5, December 1998). The major cost Tuesday, March 6, 2001 drivers of providing these services are basi- nomic ladder they face a marginal tax rate of cally identical regardless of site of service Mr. COLLINS. Mr. Speaker, I rise today to almost 50 percent thanks to the combination (cost of cystoscopes, ultrasound imaging introduce the The Alternative Minimum Tax of the federal individual income tax, the

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.027 pfrm01 PsN: E06PT1 E288 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 phase-out of the EITC, the payroll tax, and she served for eight years. She was a unique brothers and a sister, he leaves David, any state income taxes imposed. council member who spent her time directly George, Joseph Jr., and Gladys Stahara. He When it comes to tax policy, reducing mar- addressing her constituents’ problems and also leaves two daughters, Laurie Pitko and ginal tax rates is the best insurance policy we working to make Monterey Park a better place Cindy Rawden, two granddaughters, and his can buy for ensuring a strong economy in the for all its residents. After a brief break from companion. future. By reducing tax rates as he has pro- public life to enjoy her children and grand- For 16 years, William J. Pitko was treatment posed, the President would reduce disincen- children, Louise accepted the encouragement plant operator for the Mahoning County Sani- tives for individuals, partnerships, sole propri- from residents and ran for Monterey Park City tary Engineering Department. I knew he was a etorships, and even for a special brand of eco- treasurer in 1988. She served in this capacity tremendous athlete from when we played foot- nomic organization called an S Corporation. for 12 years and was known for her sharp wis- ball, baseball, and basketball together at St. However, his program does not provide similar dom and good judgment. Matthias parochial school. He dedicated much relief to the more common corporate form, Louise was born and raised in Joliet, Illinois, time and effort to his church, and proudly known as the C corporation. The bill I am in- graduated from St. Angelea’s Academy where served his country in the U.S. Army. troducing today extends the principle of reduc- she was class president and received a schol- William J. Pitko will be sorely missed in the ing tax rates to the top corporate income tax arship to pursue her college education in Mil- Poland community. He touched the lives of rate faced by C corporations, which currently waukee, Wisconsin. At the conclusion of many people, and was adored by all who had stands at 35 percent. My bill would reduce this World War II, she met Bill Davis and when he the privilege to know him. I extend my deepest tax rate to 33 percent, and in so doing would returned from the Navy, they were soon mar- sympathy to his friends and family. provide tax relief to almost all corporate tax- ried. Louise and Bill Davis moved to Monterey payers. Park in 1955 and raised seven children—all f Reducing the corporate income tax rate to attended public schools. Louise became heav- 33 percent would reduce the disincentive fac- ily involved with the PTA and the Mothers RESTORATION OF WOMEN’S ing corporations to invest in new plants and March of Dimes. She was appointed to the CITIZENSHIP ACT equipment. Thus, the level of investment Community Relations Commission, where she would increase, helping America out of its cur- worked to foster better ethnic relations in Mon- rent economic slowdown and putting us on a terey Park, a city known for its multicultural HON. ANNA G. ESHOO path of stronger growth in the future. The ex- and diverse population. She served as the OF CALIFORNIA traordinary growth we experienced prior to the hostess of the City’s Welcome Wagon in the IN THE HOUSE OF REPRESENTATIVES current slowdown was driven largely by pro- 1960s, represented her community in the Tuesday, March 6, 2001 ductivity growth that is largely attributable to March of Dimes, served on the Monterey Park increased capital formation. Reducing the cor- Boys and Girls Club Board, the President’s Ms. ESHOO. Mr. Speaker, I rise on the third porate income tax rate would encourage a re- Community Advisory Board of East Los Ange- day of National Women’s History Month to re- sumption of this capital formation and, in the les College and the American Red Cross introduce the Restoration of Women’s Citizen- process, would increase the competitiveness Board, San Gabriel Valley. She has also ship Act, legislation that corrects an antiquated of America’s corporations and America’s work- worked diligently to preserve the history of the law that mars our Nation’s history. ers. City she served so well as President of the In 1922, Rose Bouslacchi, an American cit- As the corporate community searches for Monterey Park Historical Society. izen, married Conrad Sabatini, a tailor by pro- tax relief that is broad in application, defen- Louise has served as a charter member and fession and an immigrant from Northern Italy. sible in principle, and conducive to prosperity president of Hillhaven Health Care Center’s When the couple married, a Federal law ex- at home and greater competitiveness abroad, Community Advisory Board and a charter isted which stripped women of their U.S. citi- they can hardly do better than to reduce the member and chairperson of the Friends of the zenship if they married resident alien men, but corporate income tax rate as I have proposed Seniors, Langley Senior Center. the law did not apply to men. Ironically, a year in this bill. That is not to say that other Among her many honors, Louise was later the U.S. granted Conrad Sabatini the changes would not also be beneficial. For ex- named, Woman of the Year by Soroptomist privilege of citizenship while his wife, Rose ample, repeal of the corporate Alternative Min- International, Monterey Park. She has been Bouslacchi, lost hers. imum Tax, reform of our international tax laws, the recipient of the Most Valuable Citizens During the course of her life, Rose and a thorough modernization of our system Award from the Monterey Park Boys and Girls Bouslacchi reared a family of five daughters, of capital cost recovery system would each be Club, an Award of Merit from the Monterey each a college graduate and each a contrib- highly beneficial and worthy of consideration. Park Chamber of Commerce, and the Com- utor to the well-being of our Nation. Four be- However, in the context and an era of indi- munity Service Award from the Monterey Park came teachers and one became a nurse. vidual tax rate reduction, I believe a simple re- Lions Club. Rose Bouslacchi was an active member of her duction in the corporate income tax rate has Louise Davis enjoys respect and notoriety church and worked with her husband in the the greatest chance for success at this time. from numerous residents of Monterey Park be- running of their business. Her life embodied And so I urge my colleagues to support this cause of her vast contributions to the commu- the values of family and faith, representing the legislation, modest though it is, to permit nity. It is both fitting and proper that we recog- best of America. But, Rose Bouslacchi could America’s corporations and America’s share- nize this community leader for her exceptional never be called an American again. holders to share in tax relief while ensuring record of civic leadership and invaluable public Rose Bouslacchi was not alone. There were our companies remain strong and competitive. service. many women affected by this law. After dec- Mr. Speaker, I ask this 107th Congress to f ades of women voicing the gender inequities join me in recognizing the tireless, grass roots of our laws, Congress modified the law. In RECOGNIZING LOUISE DAVIS work of Louise Davis upon her retirement on 1952, Congress enacted a procedure for March 8, 2001 for her service to the constitu- women wronged by the 1907 law to regain HON. HILDA SOLIS ents of California’s 31st District and wish her their citizenship. A legislative oversight, how- OF CALIFORNIA good health and prosperity in her retirement. ever, failed to provide a procedure to enable IN THE HOUSE OF REPRESENTATIVES f deceased women to have their citizenship re- Tuesday, March 6, 2001 TRIBUTE TO WILLIAM J. PITKO stored posthumously. Thus, many families like Ms. SOLIS. Mr. Speaker, I rise to recognize Rose Bouslacchi’s have been left without any the notable accomplishments and the extraor- HON. JAMES A. TRAFICANT, JR. recompense. The Restoration of Women’s Citizenship Act would grant U.S. citizenship dinary life of a woman from the 31st Congres- OF OHIO posthumously to the women who were sional District of California. IN THE HOUSE OF REPRESENTATIVES Louise Davis is retiring from serving over 20 wronged in 1907 and were unable to benefit years of public office in the San Gabriel Val- Tuesday, March 6, 2001 from the 1952 law. ley. Louise served as the mayor of Monterey Mr. TRAFICANT. Mr. Speaker, today, I am I urge all my colleagues to celebrate Na- Park for three terms, from 1980 to 1981 and deeply saddened to share the news of the tional Women’s History Month and honor again in 1983. Prior to her mayoral terms, she passing of William J. Pitko. those deceased women and their families by was elected as ‘‘The Grass Roots Candidate,’’ William J. Pitko was born on July 4, 1939 to cosponsoring the Restoration of Women’s Citi- for Monterey Park City Council in 1976 where Joseph Sr. and Mary Krulik Pitko. One of four zenship Act.

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.031 pfrm01 PsN: E06PT1 March 6, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E289 TRIBUTE TO THE LATE SEELY tion control facilities, the AMT denies tax- Rural Water Resource Commission, and the JOHNSTON payers the personal exemptions allowed under Kentucky Appalachian Commission. the regular income tax, and denies them a de- Mr. Fern administered with great profes- HON. TIM JOHNSON duction for State and local taxes paid. sionalism the programs offered by USDA OF ILLINOIS For a variety of reasons, the number of tax- Rural Development, including Rural Utilities Service, Rural Housing Service, and Rural IN THE HOUSE OF REPRESENTATIVES payers, especially middle-income families, subject to the individual AMT has been soar- Business Service, as well as the Empower- Tuesday, March 6, 2001 ing in recent years, and this trend is expected ment Zone, Enterprise Community, and Cham- Mr. JOHNSON of Illinois. Mr. Speaker, on to continue. Ideally, the AMT should be re- pion Communities programs. Mr. Fern worked February 7, 2001, the 15th District of Illinois pealed outright. The abuses the AMT was es- hard to help rural Kentucky reap the benefits lost a dear friend in Seely Johnston. Seely tablished to address have long since been of these programs. As a result, many commu- was born May 25, 1903 and lived in the eliminated from the income tax. Until full re- nity improvements were funded during Mr. Champaign-Urbana area for all of his 97 peal becomes timely, however, we must at Fern’s time as State Director of USDA/Rural years. During that time he made his mark as least ensure that matters do not worsen. Development, and I and my fellow Kentuck- a Champaign City Council member, sporting In the context of the Bush income tax rate ians owe him a big thank-you. Projects funded goods store owner, and friend of all. Seely reductions, the AMT poses additional prob- under his leadership will improve the quality of said he was always guided by the advice of lems because these rate reductions do not ex- life in the great Commonwealth of Kentucky his father who told him once that making a liv- tend to the AMT rate. This means that many for decades to come. ing is important, but not as important as mak- taxpayers currently subject to the AMT suffer I rise today to commend Thomas G. Fern ing friends. Whether it was with the likes of the additional wrong of being excluded from for his 35 years of service to the people of Harry Houdini or one of the many University of any tax relief under the Bush program. This is rural Kentucky. I ask my colleagues to join me Illinois students he had over for breakfast patently unfair as many Members on both in thanking him and wishing him well. every Sunday morning, Seely took this advice sides of the aisle have pointed out. f to heart. There are few people, in each com- It also means that many more taxpayers will LEGISLATION TO SIMPLIFY THE munity and generation, who not only enrich see far less tax relief than is intended. This EXCISE TAX ON HEAVY TRUCK lives during their lifetime, but also leave a leg- would occur for those taxpayers whose current TIRES acy. Seely Johnston was one of these people. regular income tax liability barely exceeds Without Seely, the Champaign-Urbana area their AMT liability. Once the Bush rate reduc- HON. WES WATKINS would have been a lesser place. tions are put into effect, these taxpayers’ reg- OF OKLAHOMA ular income tax liability will drop below their f IN THE HOUSE OF REPRESENTATIVES AMT liability. They will still receive some tax INTRODUCTION OF A BILL TO RE- relief, to be sure, but far less than they ex- Tuesday, March 6, 2001 DUCE THE ALTERNATIVE MIN- pected and far less than was anticipated when Mr. WATKINS. Mr. Speaker, I rise today to IMUM TAX RATE TO 25 PERCENT the Bush proposal was developed. introduce legislation that would simplify the ex- The new income tax rate structure sug- cise tax on heavy truck tires. HON. PHILIP M. CRANE gested by President Bush starts at 10 percent, The IRS and the tire manufacturers are OF ILLINOIS and then rises to 15 percent, 25 percent, and today laboring under an unnecessary adminis- IN THE HOUSE OF REPRESENTATIVES finally 33 percent. The current individual AMT trative burden. The tire industry pays an ex- Tuesday, March 6, 2001 has two rates of 26 and 28 percent. My bill re- cise tax on heavy truck tires that goes directly duces the AMT rates to a single rate at 25 to the Highway Trust Fund. But the means by Mr. CRANE. Mr. Speaker, today I am intro- percent to be more consistent with the Presi- which the IRS collects the tax are inefficient ducing three pieces of legislation to refine the dent’s proposed rates. Thus, my proposal and costly. Under the current collection sys- tax proposal put forward by President Bush. would reduce marginal tax rates for AMT filers tem, the IRS requires manufacturers to weigh Let me state at the outset that I fully support so they, too, have a better incentive to work, each line of taxable tires for each tire size, to President Bush’s tax proposal as he laid it out. save, and invest. Just as important, however, track the sales and taxes paid for each tire, I think it is appropriate for the times and well- under my bill current AMT filers and near AMT and to maintain burdensome compliance sys- designed. Even so, there is no legislation or filers would join with all other taxpayers in en- tems to verify sales and tax payments by proposal that cannot be improved upon. And joying significant tax relief. weight. Manufacturers must determine if a tire so I offer these three bills in this spirit and in This legislation is sound tax policy. By any is for a taxable highway use or for a non-tax- the belief that the President in all likelihood measure it increases fairness in the tax code. able off-road use, and then track whether the would and should support them. And it deserves the support of this Congress. purchasers are tax exempt. This system of tax The first bill I am introducing takes as its f collection is both onerous and wasteful; I pro- starting point the income tax rate reductions pose we change it. proposed by President Bush, phased in over IN HONOR OF THOMAS G. FERN The legislation I am introducing today would ten years. I have included these rate reduc- reduce these administrative burdens without tions to provide the context for my proposed HON. KEN LUCAS reducing any revenue to the Highway Trust refinement, which is to reduce the tax rates of OF KENTUCKY Fund. It does this by revising the current sys- the individual Alternative Minimum Tax (AMT) IN THE HOUSE OF REPRESENTATIVES tem based on the weight of the tire to one from 26 and 28 percent to 25 percent, con- based on the weight-carrying capacity of the Tuesday, March 6, 2001 sistent with the reduction of an individual in- tire. This new system would simplify the pay- come tax rate under the Bush proposal from Mr. LUCAS of Kentucky. Mr. Speaker, I rise ment and collection of taxes for both the tire 28 to 25 percent. today in recognition of Thomas G. Fern, im- industry and for the IRS—resulting in reduced The individual (AMT) is a complex and un- mediate past State Director of the United expenses for both. fortunate aspect of our tax code. Most tax- States Department of Agriculture in Kentucky. We also may simplify this tax by adopting a payers are blissfully unaware that they are, in For more than 35 years, Mr. Fern has bright line that identifies which tires are sub- fact, subject to two federal income taxes—the served the people of Kentucky thru his work at ject to the excise tax. Under the Federal Motor regular income tax and the AMT—and that USDA/Rural Development, formerly the Farm- Vehicle Safety Act, as administered by the De- their annual tax liability is the greater of the ers Home Administration. Mr. Fern served as partment of Transportation, all tires sold in the two produced by these two systems. The Assistant County Director, County Director, U.S. for highway service are required to be modern AMT was intended to ensure that cer- and District Director before being appointed marked with the maximum weight carrying ca- tain upper-income taxpayers paid a significant State Director by President Clinton in 1993. pacity of the tire. The IRS would take the data amount of tax. It was to achieve this objective His broad experience in agriculture, housing, already collected by the DOT and base its tax by denying to these taxpayers certain deduc- and community development made him a on the amount per pound of weight carrying tions and exemptions available under the reg- strong advocate for the people of rural Ken- capacity. And the tax rate would be set at an ular income tax. For example, in addition to tucky. His wealth of experience and knowl- amount that provides revenue neutrality to the denying taxpayers any of a set of ‘‘pref- edge qualified him to serve on various com- U.S. Treasury. erences’’, such esoteric items as excess intan- mittees and commissions such as the Ken- This much-needed bright line test would be gible drilling costs and a deduction for pollu- tucky Renaissance Committee, The Kentucky simple to apply and easy to enforce: Tires that

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.044 pfrm01 PsN: E06PT1 E290 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 meet the DOT test by being marked with the sult of the Gramm-Leach-Bliley Financial mod- IN SPECIAL RECOGNITION OF THE appropriate notation are subject to tax. Tires ernization Act of 1999. The Community Rein- 100TH ANNIVERSARY OF THE that are not marked cannot be used on the vestment Modernization Act of 2001 will en- ZION EVANGELICAL LUTHERAN highway. sure that the hundreds of thousands of Ameri- CHURCH, HURON, OHIO I encourage my colleagues to join us in sup- cans, most often minorities and the working porting this legislation. poor, will continue to have access to capital HON. PAUL E. GILLMOR f and credit. OF OHIO IN THE HOUSE OF REPRESENTATIVES EXEMPTING PRESCRIPTION DRUGS The bill is endorsed by the National Com- AND MEDICAL SUPPLIES DIS- munity Reinvestment Coalition, the U.S. Con- Tuesday, March 6, 2001 PENSED BY THE DEPARTMENT ference of Mayors, the National League of Cit- Mr. GILLMOR. Mr. Speaker, for the past OF VETERANS AFFAIRS FROM ies, and the Association of Community Organi- 100 years, the Zion Evangelical Lutheran INTEREST CHARGES AND ADMIN- zations for Reform NOW (ACORN). Church in Huron, Ohio has served as a bea- ISTRATIVE COSTS In my hometown of Milwaukee, it is sup- con of hope, strength and prosperity for Ohio’s ported by the Mayor of Milwaukee, the Fair Fifth Congressional District. Today the church HON. PATSY T. MINK Lending Coalition, Interfaith Conference of celebrates its centennial and I want to recog- Greater Milwaukee, Hope Offered through nize its contribution to Huron and all of Ohio. OF HAWAII What began as an idea of forming a con- IN THE HOUSE OF REPRESENTATIVES Shared Ecumenical Action (HOSEA), the Local Initiatives Support Corporation (LISC), gregation in 1901 in Huron, has become a Tuesday, March 6, 2001 the Neighborhood Housing Services of Great- century-long dedication to faith and family. The church has served as a place for friends, Ms. MINK. Mr. Speaker, I rise to introduce er Milwaukee, Milwaukee Innercity Congrega- neighbors, colleagues and coworkers to come a bill that exempts prescription drugs and tions Allied for Hope (MICAH), the Metropoli- together to form a close-knit family. They all medical supplies that are dispensed by the tan Milwaukee Fair Housing Council, the Na- share a common-bond centered around their Department of Veterans Affairs from DVA’s in- tional Association for the Advancement of Col- dedication to their church. The importance of terest charge and administrative cost charge. ored People (NAACP), Select Milwaukee and family values and family worship is of pro- Under current law, the Department of Vet- the Legacy Bank. found importance to the people of Huron, and erans Affairs charges interest and administra- So many people and institutions support this they are proud of their church, their religious tive costs for any indebtness resulting from the bill because CRA is not only the right thing to beliefs and their heritage. provision of services and benefits to Veterans. do, it is the profitable thing to do. According to First established as a parish early 1901, The interest rate, set by the Department of a Federal Reserve Board report issued in July Pastor August H. Dornbrier held the first serv- the Treasury, is 6 percent. The Department of of 2000, 91% of home lending and 82% of ice in a little white German Reformed church Veterans Affairs has set the administrative small business lending under CRA is profit- that was rented then later purchased. Since rate at 50 cents per month. Veterans should able. This is comparable to any other type of then, the church and its congregation have not have to pay this interest charge or admin- lending. had a vibrant history. The congregation has istrative collection cost. They should be re- grown dramatically to more than 270 members sponsible for the co-payment amount only. The bill we are reintroducing today will up- from its early days when 42 people attended date CRA to match the increased market pow- f the first service. The congregation has had ers the Financial Modernization Act creates. It three homes where many of the rich German INTRODUCTION OF THE COMMU- will make banks accountable again by updat- traditions have been upheld. NITY REINVESTMENT MOD- ing CRA to cover all loans and lenders. This Located on the shores of Lake Erie, the ERNIZATION ACT OF 2001 not only includes mortgage companies, but church represents all that in good in our com- also insurance companies, investment firms munities—grace, elegance and commitment. HON. THOMAS M. BARRETT and other affiliates of banks that will increas- We, in Ohio’s Fifth Congressional District, are OF WISCONSIN ingly be offering loans and basic banking blessed to have such centerpieces in our com- IN THE HOUSE OF REPRESENTATIVES products in the new financial world. munities. The strength of these communities relies upon the strength of our faith. The Ohio Tuesday, March 6, 2001 In addition to extending CRA to all loans and lenders, the CRA Modernization Act of state motto, ‘‘With God all things are pos- Mr. BARRETT of Wisconsin. Mr. Speaker, I 2000 would: (1) Make insurance more avail- sible,’’ truly embodies this concept. am pleased to reintroduce today, in partner- able, affordable and accessible to minorities One-hundred years after its founding, the ship with my colleague, Rep. LUIS GUTIERREZ, and low-income citizens; (2) improve data col- Zion Evangelical Lutheran Church in Huron, the Community Reinvestment Modernization lection for small business and farm loans; (3) proudly celebrates its history—a story that is a Act of 2001, a very strong piece of legislation require a notice and public comment period for testament to the congregation’s enduring faith to modernize our fair lending laws to keep mergers between banks, insurance and invest- and extraordinary commitment to God and pace with the times. We first introduced this ment companies; (4) require that HMDA data community. Huron is a much stronger commu- legislation during the last session of Congress also include information on loan pricing and nity because of the work of the church and its in July of 2000. terms, including interest rates, discount points, members. I congratulate the congregation’s There are a lot of people who have worked origination fees, financing of lump sum insur- perseverance and I am confident the church very hard to bring us to this point today and ance payment premiums, balloon payments, will be just as strong during its next 100 years I’d like to say a special word of thanks to the and prepayment penalties; (5) prohibit insur- of service. National Community Reinvestment Coalition. ance companies that violate fair housing court f In particular, John Taylor and Josh Silver have consent decrees from affiliating with banks; TRIBUTE TO JOHN RUIZ, THE been instrumental from day one in drafting this and (6) penalize a financial institution and its FIRST HISPANIC HEAVYWEIGHT legislation. affiliates through reduced CRA ratings if the CHAMPION This bill is absolutely critical to helping cred- institutions have engaged in predatory lending. itworthy Americans gain access to credit and banking services. Since 1977, CRA has en- CRA is paramount to continuing the HON. JOE BACA couraged banks and thrifts to commit more progress this country has made towards eradi- OF CALIFORNIA than $1 trillion in private reinvestment dollars cating discrimination in the financial services IN THE HOUSE OF REPRESENTATIVES for mortgages, small business loans and com- marketplace. And it is imperative that we mod- Tuesday, March 6, 2001 ernize this important law now. The bottom line munity development loans for traditionally un- Mr. BACA. Mr. Speaker, it is with great is that CRA is good for business. It not only derserved communities. In the Milwaukee area pride that I rise to salute John Ruiz, who with levels the playing field to make sure that all alone, CRA has channeled over $200 million his victory this past weekend, becomes the creditworthy Americans have access to capital in lending to low- and moderate-income citi- first Hispanic heavyweight boxing champion. zens and neighborhoods. and credit, it makes good business sense. The victory will be an inspiration to all His- The timing for CRA is crucial. CRA will be- We hope you and all of our colleagues in panic youth, and indeed to all Americans, that come less effective if it is not updated to keep the House will consider supporting the Com- if you work hard, if you have tenacity, and per- pace with the rapid changes that are occurring munity Reinvestment Modernization Act of sistence, and vision, there is nothing you can- in the financial services marketplace as a re- 2001. not achieve. That is the American dream. The

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hope that some day, greatness will rise up in PRINTING OF A REVISED EDITION SABO, BIGGERT, and LEE, I will be introducing all of us. In the past several decades, several OF ‘‘BLACK AMERICANS IN CON- the ‘‘Permanent Housing Homeless Prevention notable Hispanics have fought for the world GRESS, 1870–1989’’ Grant Renewal Act.’’ heavyweight title, and despite their valor, have This bi-partisan legislation authorizes re- SPEECH OF newal of expiring Shelter Plus Care and SHP not achieved it; when one reviews the list, one permanent housing rental assistance grants sees how great this achievement is: HON. JOSEPH CROWLEY OF NEW YORK through the HUD Section 8 Housing Certificate 1923—Luis ‘‘The Wild Bull of the Pampas’’ IN THE HOUSE OF REPRESENTATIVES Fund. Currently, some 75,000 vulnerable fami- Firpo vs. Jack Dempsey lies, including veterans, disabled, mentally ill, 1968—Manuel Ramos vs. Joe Frazier Wednesday, February 28, 2001 and other families at risk of homelessness, re- 1968—Oscar Bonevena vs. Joe Frazier Mr. CROWLEY. Mr. Speaker, today I rise in ceive monthly rental assistance under these 1973—Joe ‘‘King’’ Roman vs. George Foreman support of Authorizing the printing of a revised two important McKinney-Vento Act homeless 1977—Alfredo Evangelista vs. Muhammad Ali and updated version of the House document programs. 1978—Alfredo Evangelista vs. Larry Holmes ‘‘Black Americans in Congress.’’ The legislation is supported by a broad 1979—Ossie Ocasio vs. Larry Holmes I think it only seems fitting to pay tribute to group of national and regional organizations 1983—Lucien Rodriquez vs. Larry Holmes the African American men and women who which fight homelessness, including Catholic Charities, the National Alliance to End Home- John’s win has special personal significance served in these hallowed halls. African Ameri- cans have a long history of serving in this lessness, the Corporation for Supportive for me. As a former ball-player, both in school great institution. For many years, they were Housing, and the National Alliance for the and semi-professionally, I recognize the spe- not welcomed by all of their colleagues. Still Mentally Ill. These groups have jointly written cial labors of our athletes, and the inspiration these men and women persevered and paved ‘‘to offer our support and assistance in moving that athletics can play in our lives, particularly the way for all of us serving in Congress this important legislation forward,’’ and noted to minority youngsters. Athletics can be a mo- today. that ‘‘This bill will have the effect of providing tivating factor, something that gives us a I am proud to stand here with nearly 50 of new housing to more homeless people with sense of identity, something to work for. Ath- my colleagues in support of this bipartisan disabilities, as well as preventing catastrophic letics ultimately caused me to finish school, piece of legislation. losses of housing for some of the most vulner- serve my country in the military, go to college, As a young man, I can remember admiring able Americans.’’ the work of Shirley Chisholm, the first African Renewing Shelter Plus Care and SHP per- and become a community college trustee, As- American woman elected to serve in the manent housing through Section 8 is a solu- sembly Member, State Senator, and Member United States Congress from my home state tion to the annual uncertainty over renewals. of Congress. It was not always easy, but I had of New York. Former Congresswoman Chis- Currently, when the initial term of a Shelter role models, and I am pleased that John is a holm was first elected into office in 1968, as Plus Care or SHP permanent grant expires, a role model for today’s youth. a representative for the 12th Congressional grantee must re-apply each year for continued I would hope that Hispanic youth, indeed, all District of New York and served for 15 years assistance. If a grant is not renewed, the fami- the youth of America, look at the achievement until she retired in 1983. lies which are receiving rental assistance under the grant face the risk of eviction and of John Ruiz and see they can reach equally She was a great advocate for education, day care and providing other resources to im- homelessness. great heights, whether it is in athletics, aca- prove the quality of life in inner cities. She This is not an idle risk. Just fourteen months demics, or the world of business, science, also fought to decrease defense spending and ago, HUD failed to renew rental assistance public service, or the arts. America’s youth to end the military draft. I believe that Ms. grants for thousands of families nationwide. It need to know that we believe in them, and Chisholm’s legacy is one that should always took an emergency supplemental appropria- they should believe in themselves. Because be remembered, honored and cherished along tions bill in July of last year to reinstate fund- God gives us all talents. with many others. That is why this publication ing for these grants. In the interim, many com- munities were forced to scramble for funds to In the short run, there is nothing so sweet is so very important. Since its last publication, an additional 40 cover the gap; many families confronted the as a victory, and nothing so stinging as a de- distinguished African Americans have served very real risk that they would lose their month- feat. But what is ultimately important is good in either the House or Senate. Moreover, ly rental assistance. sportsmanship, good conduct, playing a wor- many of the biographies of several senior Last year, the House devised a permanent thy game, facing a worthy adversary. Living to members of the House have grown outdated solution to this problem, as part of the House fight another day. In that sense, both John and I believe that the time has come to revise VA–HUD appropriations bill. That bill funded Ruiz and Evander Holyfield are to be saluted and reprint this important historical work. all renewals of expiring Shelter Plus Care and honored, for they fought with their hearts, This legislation would allow the Library of grants through the HUD Section 8 Housing Certificate Fund. This approach would provide they fought with their souls, they gave Amer- Congress to revise the current volume under a reliable source of renewal funding. Unfortu- ican an exhilarating match, one that dem- the direction of the Committee on House Ad- ministration. In addition, the bill would allow for nately, the Senate did not go along with this onstrated athletic artistry and great courage approach, and the final conference report, under fire. And they should raise their hands, the copying, binding and distribution of the book to Members in both the House and Sen- while providing a separate account for renew- together, in a clasp of goodwill, knowing they ate. als, does not provide a reliable, long-term have fought the good fight, the noble fight. Mr. Speaker, this next edition of ‘‘Black funding source. The best approach was and Their bruises will heal, but they will always Americans in Congress’’ will undoubtedly be a still is renewal of all expiring Shelter Plus Care share a brotherhood of having met in the ring, great resource and a treasured addition to and SHP permanent housing grants through where champions are made, and courage test- every member of the House and the Senate, the HUD Section 8 Certificate Fund. That ap- ed. as well as the Library of Congress and librar- proach is embodied in the ‘‘Permanent Hous- ing Homeless Prevention Grant Renewal Act,’’ I am sure that John’s community, where he ies throughout this country. I urge my colleagues to join in support of which we are introducing today. got his start boxing, is very proud of his this concurrent resolution. Moreover, this approach is justified on broad achievement. John’s hometown, Chelsea, has policy grounds. Congress routinely renews f one of the largest Hispanic populations in portable and project-based Section 8 rental Greater Boston. It has been a Mecca for some PERMANENT HOUSING HOMELESS assistance; only the most vulnerable families of the all-time boxing greats. I would also like PREVENTION GRANT RENEWAL most at risk of homelessness face the annual to salute John’s family, his wife Sahara and ACT risk of non-renewal. Funding these renewals through Section 8 their children John and Jocelyn on this HON. JOHN J. LaFALCE also means that critically needed new perma- achievement. And so I say, congratulations, nent and supportive housing proposals will not God Bless. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES have to compete with renewals for scarce re- sources. And, providing a reliable source of Tuesday, March 6, 2001 renewals after the initial grant term will make Mr. LAFALCE. Mr. Speaker, today, along it easier for project sponsors to build perma- with Representatives WELLER, FRANK, QUINN, nent housing.

VerDate 112000 04:25 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.042 pfrm01 PsN: E06PT1 E292 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2001 I urge members to co-sponsor this important want to note that the long and distinguished ee in June 1967. It was at that time he em- legislation, and urge Congress to renew all career of Mr. Hollander includes two important barked on a thus far 34 year career. While Shelter Plus Care and SHP permanent hous- contributions to American Samoa. working as a police officer assigned to the ing grants expiring in fiscal year 2002 through In the 1960’s, Mr. Hollander prosecuted an 79th and 60th precincts, Officer Ruffle dis- the Section 8 Certificate fund. antitrust case which opened up the petroleum played an intensity and drive in performing his The text of the bill follows: storage facilities in American Samoa to mul- duties that resulted in his being appointed as H.R.— tiple suppliers, thus bringing the benefits of a citywide narcotics investigator in March Be it enacted by the Senate and House of Rep- competition in fuel supply to our economy. 1977. resentatives of the United States of America in The court decree requiring open access to our Dan Ruffle’s exemplary work was recog- Congress assembled, petroleum market remains in place, and Mr. nized and rewarded with a promotion to De- SECTION 1. SHORT TITLE. Hollander continues to represent the United tective in October 1979. As a detective, Ruffle This Act may be cited as the ‘‘Homeless States in the case. was assigned to the Manhattan Special Vic- Prevention Permanent Housing Renewal Act Mr. Hollander was also instrumental in tims Squad. Dan’s special sense of caring and of 2001’’. opening the American Samoa market to com- inner strength became invaluable qualities as SEC. 2. RENEWAL OF PERMANENT HOUSING petition in long-haul air service. Acting as spe- he handled some of the most difficult and hei- GRANTS AND SHELTER PLUS CARE cial counsel to the Governor of American nous crime investigations a police officer must GRANTS UNDER HOUSING CERTIFI- CATE FUND. Samoa, Mr. Hollander participated in pro- face. (a) SUPPORTIVE HOUSING PROGRAM PERMA- ceedings before the Civil Aeronautics Board In September 1983, Daniel Ruffle was pro- NENT HOUSING GRANT RENEWALS.—Section which authorized competition in U.S. air serv- moted to Sergeant and served the commu- 429 of the McKinney-Vento Homeless Assist- ice to our territory. Prior to that case, only one nities of both the 68th and 60th precincts. As ance Act (42 U.S.C. 11389) is amended by add- airline was authorized to provide service con- a supervisor, Ruffle’s easygoing demeanor en- ing at the end the following new subsection: necting American Samoa with Hawaii and the abled him to encourage and develop relation- ‘‘(d) PERMANENT HOUSING GRANT RENEW- U.S. mainland. ships between the police officers and the com- ALS.—For fiscal year 2002 and each fiscal year I am pleased to note for the record the serv- munity. thereafter, there are authorized to be appro- priated, from any amounts appropriated ice of Mr. Bernard Hollander to American Police participation and community involve- under the Housing Certificate Fund account Samoa. We wish him many years of good ment continued to be areas that Dan Ruffle of the Department of Housing and Urban De- health and good work. stressed during his tenure as a Lieutenant as- velopment for assistance under section 8 of LEGENDS OF JUSTICE signed to the 70th, 61st, and 62nd precincts. the United States Housing Act of 1937, such As a Jan. 30 news story reported, the Jus- Dan also served as Lieutenant for the N.S.U. sums as may be necessary for renewing ex- tice Department’s eminent tax lawyer, Er- 10. While at the Neighborhood Stabilization piring grants under this subtitle for perma- nest Brown, has retired at age 94 after 30 Unit, Ruffle was responsible for training hun- nent housing for homeless persons with dis- years of service. dreds of new police officers. It was his per- abilities.’’. But Bernard Hollander, another Justice (b) SHELTER PLUS CARE GRANT RENEW- sonal insight into policing as well as his dedi- Department legend at age 85 and a former ALS.—Section 463 of the McKinney-Vento cation to community service that Dan used to student of Ernest Brown’s at Harvard Law Homeless Assistance Act (42 U.S.C. 11403h) is influence and develop the careers of the rook- School, continues to work in the depart- amended by adding at the end the following ie officers in his charge. Many of whom have ment’s antitrust division as he has for 51 new subsection: years. gone on to have outstanding careers as police ‘‘(c) GRANT RENEWALS.—For fiscal year 2002 The public is fortunate to have the benefit officers. and each fiscal year thereafter, there are au- of lawyers as talented and dedicated as Er- December 1995 was when Daniel H. Ruffle thorized to be appropriated, from any nest Brown and Bernard Hollander. was promoted to the rank of captain. He first amounts appropriated under the Housing ROBERT B. NICHOLSON, Certificate Fund account of the Department served as the Executive Officer of the 67th Chevy Chase. of Housing and Urban Development for as- precinct. It was not long before Dan was ap- sistance under section 8 of the United States f pointed as the Commanding Officer of the Housing Act of 1937, such sums as may be Brooklyn South Task Force. The Task Force necessary for renewing expiring grants under A TRIBUTE TO CAPTAIN DANIEL under his direction was used on various occa- this subtitle.’’. H. RUFFLE sions as a utility unit to provide back up, sup- f port, and expertise to local precincts. HON. EDOLPHUS TOWNS The 63rd precinct became Dan’s command DEDICATION TO MR. BERNARD OF NEW YORK in May 1997. It was here that Captain Ruffle’s HOLLANDER IN THE HOUSE OF REPRESENTATIVES experience and continued pursuit of excel- lence were realized with consistent reductions HON. ENI F.H. FALEOMAVAEGA Tuesday, March 6, 2001 in crime. Year after year the 63rd precinct has OF AMERICAN SAMOA Mr. TOWNS. Mr. Speaker, I wish today to been lauded for all of the contributions that IN THE HOUSE OF REPRESENTATIVES honor police Captain Daniel H. Ruffle, who will have been made in maintaining and improving be honored for his distinguished service as the the quality of life in the neighborhoods it Tuesday, March 6, 2001 Commanding Officer of the 63rd police pre- serves. This is a result of the outstanding Mr. FALEOMAVAEGA. Mr. Speaker, I would cinct on Thursday, March 8th, 2001. Let it be leadership of Captain Daniel H. Ruffle. like to place in the record a letter to the Wash- known that he shares this honor with his wife Mr. Speaker, Captain Daniel H. Ruffle is ington Post published on February 14, 2001, of 27 years, LaVerne, and his daughter Adri- more than worthy of receiving this honor and which cites the dedicated service of Mr. Ber- enne. our praises, and I hope that all of my col- nard Hollander for 51 years in the Antitrust Di- Dan received his appointment to the New leagues will join me in recognizing this truly vision of the U.S. Department of Justice. I York City Police Department as a police train- remarkable man.

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HIGHLIGHTS Senate passed Ergonomics Rule Disapproval Resolution. Senate Transmitting, pursuant to law, the report on the Chamber Action 2001 Trade Policy Agenda and the 2000 Annual Routine Proceedings, pages S1831-S1913 Report on the Trade Agreements Program; to the Measures Introduced: Fourteen bills and one reso- Committees on Appropriations; and Finance. lution were introduced, as follows: S. 458–471, and (PM–11) Page S1896 S. Res. 44. Page S1897 Nominations Received: Senate received the fol- Measures Passed: lowing nominations: 31 Air Force nominations in the rank of general. Ergonomics Rule Disapproval Resolution: By 56 yeas to 12 Army nominations in the rank of general. 44 nays (Vote No. 15), Senate passed S.J. Res. 6, 1 Marine Corps nomination in the rank of general. providing for congressional disapproval of the rule 1 Navy nomination in the rank of admiral. submitted by the Department of Labor under chap- A routine list in the Army. Page S1913 ter 8 of title 5, United States Code, relating to Messages From the President: Page S1896 ergonomics. Pages S1831–88 Prior to this action, Senate agreed to the motion Executive Communications: Pages S1896–97 to proceed to the consideration of the resolution. Petitions and Memorials: Page S1897 Page S1831 Statements on Introduced Bills: Pages S1898–S1910 Bankruptcy Reform—Agreement: A unanimous- Additional Cosponsors: Pages S1897–98 consent agreement was reached providing for further Additional Statements: Pages S1895–96 consideration of S. 420, to amend title 11, United States Code, at 11:30 a.m., on Wednesday, March 7, Notices of Hearings: Page S1911 2001. Page S1912 Authority for Committees: Pages S1911–12 Appointment: Privileges of the Floor: Page S1912 Congressional Advisers on Trade: The Chair, in accord- Record Votes: One record vote was taken today. ance with Public Law 93–618, as amended by Public (Total—15) Page S1887 Law 100–418, on behalf of the President pro tem- Adjournment: Senate met at 10 a.m., and ad- pore and upon the recommendation of the Chairman journed at 9:06 p.m., until 9:30 a.m., on Wednes- of the Committee on Finance, appointed the fol- day, March 7, 2001. (For Senate’s program, see the lowing Members of the Finance Committee as con- remarks of the Acting Majority Leader in today’s gressional advisers on trade policy and negotiations: Record on page S1912.) Senators Grassley, Hatch, Murkowski, Baucus, and Rockefeller. Page S1912 Committee Meetings Messages From the President: Senate received the following messages from the President of the United (Committees not listed did not meet) States: SCHOOL LUNCH NUTRITION Transmitting, pursuant to law, a report on tele- Committee on Agriculture, Nutrition, and Forestry: Com- communications payments made to Cuba; to the mittee concluded hearings to examine nutritional Committees on Appropriations; and Foreign Rela- issues surrounding school lunch programs, after re- tions. (PM–10) Page S1896 ceiving testimony from Marilyn Hurt, American D172

VerDate 11-MAY-2000 04:31 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR1.REC pfrm01 PsN: D06MR1 March 6, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D173 School Food Service Association, La Crosse, Wis- amine current foreign policy, domestic political de- consin, who was accompanied by several of her asso- velopment, and economic reform in the Philippines, ciates. its role in the new Asia, and its relationship with OSHA ERGONOMICS STANDARDS the United States, after receiving testimony from Thomas Hubbard, Acting Assistant Secretary of State Committee on Appropriations: Subcommittee on Labor, for East Asian and Pacific Affairs; Richard D. Fisher, Health and Human Services, and Education con- Jr., Jamestown Foundation, and James C. Clad, cluded hearings to examine the impact of the Occu- Georgetown University School of Foreign Service, pational Safety and Health Administration on work- and Cambridge Energy Research Associates, both of place safety ergonomics regulations, after receiving Washington, D.C. testimony from Joseph Woodward, Associate Solic- itor of Labor, Occupational Safety and Health Ad- INTERNATIONAL MONEY LAUNDERING ministration, Department of Labor; and Lynn Committee on Governmental Affairs: Permanent Sub- Rhinehart, AFL–CIO, and Baruch A. Fellner, Gib- committee on Investigations concluded hearings to son, Dunn and Crutcher, both of Washington, D.C. examine the role of United States correspondent PRESIDENT’S BUDGET PROPOSAL banking and offshore banks as vehicles for inter- Committee on the Budget: Committee concluded hear- national money laundering, and the efforts of finan- ings to examine the President’s proposed budget re- cial entities, federal regulators, and law enforcement quest for fiscal year 2002, after receiving testimony to limit money laundering activities within the from Tommy G. Thompson, Secretary of Health and United States, after receiving testimony from Joseph Human Services. M. Myers, Acting Deputy Assistant Secretary of the Treasury for Enforcement Policy; Mary Lee Warren, U.S./PHILIPPINE RELATIONS Deputy Assistant Attorney General, Criminal Divi- Committee on Foreign Relations: Subcommittee on East sion, Department of Justice; and Arthur O. Jacques, Asian and Pacific Affairs concluded hearings to ex- Jacques Little, Toronto, Canada. h House of Representatives supporting National Donor Day (H. Rept. 107–10); Chamber Action and Bills Introduced: 44 public bills, H.R. 860–903; 2 H.R. 624, A bill to amend the Public Health private bills, H.R. 904–905; and 17 resolutions, Service Act to promote organ donation (H. Rept. H.J. Res. 27–34; H. Con. Res. 47–51, and H. Res. 107–11). Page H647 76, 77, 80, 81, were introduced. Pages H647–50 Speaker Pro Tempore: Read a letter from the Reports Filed: Reports were filed today as follows: Speaker wherein he appointed Representative Morella H.R. 724, to authorize appropriations to carry out to act as Speaker pro tempore for today. Page H629 part B of title I of the Energy Policy and Conserva- tion Act, relating to the Strategic Petroleum Reserve Recess: The House recessed at 12:50 p.m. and re- (H. Rept. 107–6); convened at 2 p.m. Page H631 H.R. 3, to amend the Internal Revenue Code of Advisory Committee on Forest Counties Pay- 1986 to reduce individual income tax rates, amended ments: The Chair announced the Speaker’s appoint- (H. Rept. 107–7); ment of Mr. Robert E. Douglas of California and H. Res. 78, providing for consideration of motions Mr. Mark Evans of Texas to the Advisory Committee to suspend the Rules (H. Rept. 107–8); on Forest Counties Payments. Page H631 H. Res. 79, providing for consideration of S.J. Res. 6, a joint resolution providing for congressional House of Representatives Page Board: Read a let- disapproval of the rule submitted by the Department ter from the Minority Leader wherein he announced of Labor under chapter 8 of title 5, United States his appointment of Representative Kildee to the Code, relating to ergonomics (H. Rept. 107–9); House of Representatives Page Board. Page H631 H. Con. Res. 31. A resolution expressing the Suspensions: The House agreed to suspend the rules sense of the Congress regarding the importance of and pass the following measures: organ, tissue, bone marrow, and blood donation and

VerDate 11-MAY-2000 04:24 Mar 07, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR1.REC pfrm01 PsN: D06MR1 D174 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2001 Strategic Petroleum Reserve Authorization Tech- Bartlett of Maryland, Calvert, Woolsey, Ganske, nical Correction: H.R. 724, to authorize appropria- Capito and Aderholt. tions to carry out part B of title I of the Energy Pol- PROTECTING CONSUMERS icy and Conservation Act, relating to the Strategic Petroleum Reserve (passed by a yea and nay vote of Committee on Financial Services: Subcommittee on 400 yeas to 2 nays, Roll No. 26); and Oversight and Investigations and the Subcommittee Pages H633, H635–36 on Financial Institutions and Consumer Credit held a joint hearing entitled ‘‘Protecting Consumers: Low-Speed Electric Bicycles: H.R. 727, to amend What can Congress do to help financial regulators the Consumer Product Safety Act to provide that coordinate efforts to fight fraud?’’ Testimony was low-speed electric bicycles are consumer products heard from the following officials of the Department subject to such Act (passed by a yea and nay vote of the Treasury: Julie Williams, First Senior Deputy of 401 yeas to 1 nay, Roll No. 27). Comptroller and Chief Counsel; and Scott Albinson, Pages H633–35, H636–37 Managing Director, Examination and Supervision, Presidential Messages: Read the following mes- Office of Thrift Supervision; Dennis Lormel, Section sages from the President: Chief, Federal Crimes Section, FBI, Department of Trade Policy Agenda and Trade Agreements Justice; David M. Becker, General Counsel, SEC; Program Annual Report: Message wherein he trans- Richard J. Hillman, Director, Financial Markets and mitted the 2001 Trade Policy Agenda and 2000 An- Community Investment, GAO; and public witnesses. nual Report on the Trade Agreements Program—re- MOTIONS TO SUSPEND THE RULES ferred to the Committee on Ways and Means and or- Committee on Rules: The Committee granted, by voice dered printed (H. Doc. 107–48); and Page H635 vote, a resolution providing that certain suspensions Payments Made to Cuba: Message wherein he will be in order at any time on the legislative day transmitted the semiannual report detailing the pay- of Wednesday, March 7, 2001. ments made to Cuba for telecommunications services pursuant to Treasury Department licenses. Page H635 CONGRESSIONAL RULE DISAPPROVAL— RELATING TO ERGONOMICS Recess: The House recessed at 2:31 p.m. and recon- vened at 6 p.m. Page H635 Committee on Rules: Granted, by a vote of 7 to 2, a closed rule providing one hour of debate on S.J. Res. Committee on Standards of Official Conduct: 6, providing for congressional disapproval of the rule The House agreed to H. Res. 76, electing Represent- submitted by the Department of Labor under chap- atives Portman, Hastings of Washington, Hutch- ter 8 of title 5, United States Code, relating to inson and Biggert to the Committee on Standards of ergonomics. The rule waives all points of order Official Conduct, and the House agreed to H. Res. against consideration of S.J. Res. 6 in the House. Fi- 77 electing Representatives Sabo, Pastor, and nally, the rule provides one motion to recommit. Lofgren to the same committee. Page H637 Testimony was heard from Chairman Boehner and Quorum Calls—Votes: Two yea and nay votes de- Representatives Norwood, George Miller of Cali- veloped during the proceedings of the House today fornia and Pelosi. and appear on pages H635 and H635–36. There DEPARTMENT OF VETERANS AFFAIRS were no quorum calls. BUDGET Adjournment: The House met at 12:30 p.m. and Committee on Veterans’ Affairs: Held a hearing on the adjourned at 7:30 p.m. Fiscal Year 2002 Department of Veterans Affairs budget. Testimony was heard from Anthony J. Committee Meetings Principi, Secretary of Veterans Affairs; and represent- atives of veterans organizations. ELECTRICITY MARKETS AND NATIONAL ENERGY POLICY f Committee on Energy and Commerce: Subcommittee on COMMITTEE MEETINGS FOR Energy and Air Quality held a hearing entitled: WEDNESDAY, MARCH 7, 2001 ‘‘Congressional Perspectives on Electricity Markets in (Committee meetings are open unless otherwise indicated) California and the West and National Energy Pol- icy.’’ Testimony was heard from Representatives Fil- Senate ner, Radanovich, Inslee, Bono, Sherman, Thompson Committee on Commerce, Science, and Transportation: to of California, Davis of California, Honda, Issa, hold hearings to examine voting technology reform, 9:30 DeLay, Watts of Oklahoma, Bereuter, Stenholm, a.m., SR–253.

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Committee on Finance: to hold hearings to examine tax Abuse: GAO Views on National Defense and Inter- relief for tax payers, 10 a.m., SD–215. national Relations Programs,’’ 10 a.m., 2154 Rayburn. Committee on Health, Education, Labor, and Pensions: to Committee on House Administration, to continue consider- hold hearings to examine proposed legislation entitled ation of Committee funding requests, 10 a.m., 1310 Better Education For Students and Teachers Act, 9:30 Longworth. a.m., SD–430. Committee on International Relations, hearing on Reinvig- Committee on Indian Affairs: organizational business orating U.S. Foreign Policy, 2 p.m., 2172 Rayburn. meeting to consider its rules of procedure for the 107th Subcommittee on International Operations and Human Congress, 9:30 a.m., SR–485. Rights, hearing on State Department Country Reports on Select Committee on Intelligence: to hold closed hearings on Human Rights Practices—Road Map for Budgeting of intelligence matters, 2 p.m., SH–219. Democracy and Human Rights Programs of the State De- partment? 10 a.m., 2172 Rayburn. House Committee on Resources, oversight hearing on the Role of Public Lands in the Development of a Self-Reliant Energy Committee on Agriculture, hearing to review the Farm Policy, 10 a.m., 1324 Longworth. Credit Administration’s proposed rule providing for the Committee on Rules, to consider H.R. 3, Economic issuance of national charters for the Farm Credit System, Growth and Tax Relief Act of 2001, 2 p.m., H–313 Cap- 2 p.m., 1300 Longworth. itol. Committee on the Budget, hearing on Department of Committee on Science, hearing on K–12th Grade Math Health and Human Services Budget Priorities Fiscal Year and Science Education: the View from the Blackboard, 2 2002, 10 a.m., and 1:30 p.m., 210 Cannon. p.m., 2318 Rayburn. Committee on Education and the Workforce, hearing on Committee on Transportation and Infrastructure, to consider ‘‘Leave No Child Behind,’’ 10:30 a.m., 2175 Rayburn. Committee Budget Views and Estimates for Fiscal Year Committee on Energy and Commerce, Subcommittee on En- 2002 for submission to the Committee on the Budget vironment and Hazardous Materials, hearing entitled: ‘‘A and other pending committee business, 11 a.m., 2167 Smarter Partnership: Removing Barriers to Brownfields Rayburn. Cleanups,’’ 10 a.m., 2123 Rayburn. Committee on Veterans’ Affairs, to approve Committee Committee on Financial Services, Subcommittee on Capital Budget Views and Estimates for Fiscal Year 2002 for Markets, Insurance, and Government Sponsored Enter- submission to the Committee on the Budget, 12:45 p.m., prises, hearing entitled ‘‘Saving Investors Money: Reduc- 334 Cannon. ing Excessive SEC Fees,’’ 9:30 a.m., 2128 Rayburn. Committee on Ways and Means, hearing on the Adminis- Committee on Government Reform, Subcommittee on Na- tration’s Trade Agenda, 11 a.m., 1100 Longworth. tional Security, Veterans’ Affairs, and International Rela- Permanent Select Committee on Intelligence, executive, brief- tions, hearing on ‘‘Vulnerabilities to Waste, Fraud, and ing on the Hanssen matter, 4 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 7 10 a.m., Wednesday, March 7

Senate Chamber House Chamber Program for Wednesday: After the recognition of cer- Program for Wednesday: Consideration of Suspensions: tain Senators for speeches and the transaction of any (1) H. Con. Res. 31, National Donor Day and Impor- morning business (not to extend beyond 11:30 a.m.), Sen- tance of Organ, Tissue, Bone Marrow, and Blood Dona- ate will continue consideration of S. 420, Bankruptcy Re- tion; and form. (2) H.R. 624, Organ Donation Improvement Act; and (3) H. Con. Res. 47, Honoring the Members of the National Guard Killed in an Aircraft Crash in South-Cen- tral Georgia. Consideration of S.J. Res. 6, providing for disapproval of the Labor Department Rule Relating to Ergonomics (closed rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E288 Moore, Dennis, Kansas, E287 Faleomavaega, Eni F.H., American Samoa, E292 Solis, Hilda, Calif., E286, E288 Baca, Joe, Calif., E290 Gillmor, Paul E., Ohio, E290 Stark, Fortney Pete, Calif., E287 Barrett, Thomas M., Wisc., E290 Johnson, Tim, Ill., E289 Towns, Edolphus, N.Y., E292 Collins, Mac, Ga., E287 LaFalce, John J., N.Y., E291 Traficant, James A., Jr., Ohio, E288 Crane, Philip M., Ill., E286, E287, E289 Lucas, Ken, Ky., E289 Watkins, Wes, Okla., E289 Crowley, Joseph, N.Y., E291 Mink, Patsy T., Hawaii, E290

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