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, WEDNESDAY, MARCH 7, 2001 No. 29 House of Representatives The House met at 10 a.m. and was THE JOURNAL lic for which it stands, one nation under God, indivisible, with liberty and justice for all. called to order by the Speaker pro tem- The SPEAKER pro tempore. The pore (Mr. BONILLA). Chair has examined the Journal of the f f last day’s proceedings and announces MESSAGE FROM THE SENATE to the House his approval thereof. A message from the Senate by Mr. DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- Lundregan, one of its clerks, an- PRO TEMPORE nal stands approved. nounced that the Senate has passed Mr. MCNULTY. Mr. Speaker, pursu- The SPEAKER pro tempore laid be- without amendment a joint resolution ant to clause 1, rule I, I demand a vote fore the House the following commu- of the House of the following title: nication from the Speaker: on agreeing to the Chair’s approval of the Journal. S.J. Res. 6. Joint Resolution providing for WASHINGTON, DC, congressional disapproval of the rule sub- March 7, 2001. The SPEAKER pro tempore. The mitted by the Department of Labor under I hereby appoint the Honorable HENRY question is on the Chair’s approval of chapter 8 of title 5, United States Code, re- BONILLA to act as Speaker pro tempore on the Journal. lating to ergonomics. this day. The question was taken; and the The message also announced that in J. DENNIS HASTERT, Speaker pro tempore announced that Speaker of the House of Representatives. accordance with Public Law 93–618, as the ayes appeared to have it. amended by Public Law 100–418, the f Mr. MCNULTY. Mr. Speaker, I object Chair, on behalf of the President pro to the vote on the ground that a PRAYER tempore and upon the recommendation quorum is not present and make the of the Chairman of the Committee on The Chaplain, the Reverend Daniel P. point of order that a quorum is not Finance, appoints the following Mem- Coughlin, offered the following prayer: present. bers of the Finance Committee as con- Isaias warns us, O Lord, unless we ac- The SPEAKER pro tempore. Pursu- gressional advisers on trade policy and knowledge You as Lord with living ant to clause 8, rule XX, further pro- negotiations— faith and lasting reverence we go ceedings on this question will be post- the Senator from Iowa (Mr. GRASS- adrift. poned. LEY); You have raised us and reared us; yet The point of no quorum is considered the Senator from Utah (Mr. HATCH); we have disowned You. Our house pets withdrawn. the Senator from Alaska (Mr. MUR- know their owners; our appetites know f KOWSKI); where to be fed; yet we do not know the Senator from Montana (Mr. BAU- ANNOUNCEMENT BY THE SPEAKER where to turn unless we truly belong to CUS); and PRO TEMPORE You. the Senator from West Virginia (Mr. As Your people, when we hear You The SPEAKER pro tempore. The ROCKEFELLER). call us: ‘‘a sinful nation, a people laden Chair will once again remind Members f with wickedness, an evil race, corrupt that cell phones are to be turned off in children,’’ shall we run away from the House Chamber. Since the Chair’s ANNOUNCEMENT BY THE SPEAKER You? Or toward You? similar announcement a few moments PRO TEMPORE Is it You we fear and cannot face or ago, yet another cell phone has rung on The SPEAKER pro tempore. The is it the truth about ourselves and our the House floor. Chair will entertain 10 one-minute children? Strengthen us that we may speeches on each side. be drawn into the truth by You now f and forever. Amen. PLEDGE OF ALLEGIANCE f f The SPEAKER pro tempore. Will the SUPPORT RESEARCH FUNDING gentlewoman from Texas (Ms. GRANG- FOR NATIONAL EYE INSTITUTE ANNOUNCEMENT BY THE SPEAKER ER) come forward and lead the House in (Ms. ROS-LEHTINEN asked and was PRO TEMPORE the Pledge of Allegiance. given permission to address the House The SPEAKER pro tempore. The Ms. GRANGER led the Pledge of Al- for 1 minute and to revise and extend Chair will remind Members to turn off legiance as follows: her remarks.) cell phones when they enter the House I pledge allegiance to the Flag of the Ms. ROS-LEHTINEN. Mr. Speaker, Chamber. United States of America, and to the Repub- some people come into our lives and

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.

H653

. H654 CONGRESSIONAL RECORD — HOUSE March 7, 2001 quickly go. Some stay and leave foot- need a budget before we can make this Mr. KNOLLENBERG. Mr. Speaker, prints on our hearts, and we are never important decision. taxes today are at an all-time high as the same. f a percentage of our economy. The fact My constituents, Betti and Carlos is the Federal Government is currently Lidsky, are such people. Three of their TAX CUTS sucking up more of the American econ- four children, Isaac, Daria and Ilana, (Mr. PITTS asked and was given per- omy than it took to win World War II. have an irreversible, incurable, degen- mission to address the House for 1 That is simply wrong. erative eye disease known as retinitis minute and to revise and extend his re- But that is not all. At the same time pigmentosa which will eventually marks.) the Federal budget is running record- cause blindness. The Lidsky children Mr. PITTS. Mr. Speaker, unlike the level surpluses, we are also experi- are among the 6 million Americans Soviet Union or the old kings of Eu- encing the largest tax overpayment in who suffer from sight-debilitating dis- rope, this country has always believed history. That is not only wrong, it eases, and that number is poised to in limited government; but some here must be changed as soon as possible. skyrocket as an additional 9 million in Washington, D.C. seem to have Tomorrow is the opportunity. To- Americans have presymptomatic signs changed their minds about that. Over morrow, we consider H.R. 3, the Eco- of retinal degeneration. the next 10 years we are going to col- nomic Growth and Tax Relief Act of I learned of these statistics through lect more than $5.5 trillion more than 2001. This bill will increase fairness in Betti and Carlos, who work tirelessly we need. That is almost an unbeliev- the Tax Code, allow every American in- every day to raise awareness on these able amount of money. It is more than come taxpayer to keep more of their issues. They raise funds for research, we need to pay off our public debt, own money and provide support to our and they work closely with research- shore up Social Security, fix Medicare, economy at the same time. ers. They have testified before congres- implement the President’s education This is a historic opportunity. It is a sional committees, and this week they plan, and cover just about every other proper reaction. It is the right thing to will be here in Congress lobbying us to reasonable expense we have. Even then do, and I hope Members on both sides make sure that each and every one of we will have more than $2.5 trillion left of the aisle will join me in voting for us works toward making blinding dis- over. this responsible and much-needed tax eases extinct. It is almost unbelievable that some relief. Betti, Carlos and their children, in this body think we should keep that f Isaac, Daria and Ilana, are the reason money in the Treasury until we can why we need to support research fund- CONGRESS SHOULD DO find something else to spend it on. This SOMETHING ABOUT NARCOTICS ing for the National Eye Institute. money is not the government’s money. Promising clinical experiments are un- We are not supposed to take more than (Mr. TRAFICANT asked and was derway, and with our continued sup- we need. We are supposed to be legisla- given permission to address the House port, we can be sure that a cure is just tors, not thieves. We need to give this for 1 minute and to revise and extend around the bend. money back to the taxpayers who paid his remarks.) f it. We need to pass the President’s tax Mr. TRAFICANT. Mr. Speaker, every cut plan, and we should do it quickly. major city in America is experiencing PERMISSION FOR LEAVE OF booming heroin sales. Kids with eyes ABSENCE f watering and noses running are run- Mr. SKELTON. Mr. Speaker, I have DEFICIT-BUSTING TAX CUT IS ning the streets and dangerous. Now, if at the desk a personal request. WRONG that is not enough to scare the wel- The SPEAKER pro tempore. The come wagon, our borders are wide open. Clerk will report the leave of absence (Ms. HARMAN asked and was given Wide open big time. request. permission to address the House for 1 While Congress is building halfway The Clerk read as follows: Leave of minute and to revise and extend her re- houses, narcoterrorists are coming absence requested for Mr. SKELTON of marks.) across the border and treating it like a Missouri for tomorrow. Ms. HARMAN. Mr. Speaker, during speed bump. Beam me up. The SPEAKER pro tempore. Without previous Congresses, I made many I yield back the fact that we are objection, the gentleman’s written re- tough votes to balance our Federal wasting billions and billions of dollars quest will be granted. budget with balanced priorities: I voted on a failed narcotics policy that could There was no objection. for the 1993 Clinton budget; I voted for provide for a prescription drug program Penny-Kasich, the first bipartisan ef- f for every senior in America. Wise up fort to cut spending significantly; I GENE DARNELL Congress and let us really do some- voted for a constitutional amendment thing about narcotics. (Mr. SKELTON asked and was given to balance our budget; and I voted for f permission to address the House for 1 the 1997 balanced budget. minute and to revise and extend his re- For my efforts, I received the Con- TAX RELIEF FOR EVERYONE marks.) cord Coalition Deficit Hawk Award and (Mr. BARTLETT of Maryland asked Mr. SKELTON. Mr. Speaker, tomor- four very close election victories. I and was given permission to address row I will attend and participate in a have paid my dues on this issue, and I the House for 1 minute and to revise funeral for a long-time friend from my believe my votes have benefited all our and extend his remarks.) home area, former sheriff Gene constituents. Mr. BARTLETT of Maryland. Mr. Darnell, one of Missouri’s truly out- I rise today because tomorrow’s vote Speaker, the surplus means it is time standing law enforcement officers. on the first installment of a deficit- for immediate across-the-board tax re- It is with sadness that I report his busting tax cut is wrong. It would ben- lief for all taxpayers to boost our econ- loss, which is a great loss to our State. efit my family and me, but it is wrong. omy, create jobs, and give Americans VOTE AGAINST THE TAX-CUT PROPOSAL We need a budget first to make certain more confidence by returning some of Mr. SKELTON. Mr. Speaker, I also we pass tax cuts we can afford. We need their surplus taxes to help them get wish to add that were I here tomorrow, a budget first to make certain we will through these uncertain times. We I would be speaking and voting against pay off our debts in this decade, the need to cut taxes for every American, the tax cut proposal. It is important best tax cut for all Americans. especially low-income families. that we in this House protect our farm- f President Bush’s tax plan will get the ers, strengthen our armed forces, pre- tax surplus out of Washington and serve Social Security and Medicare, CUT TAXES NOW back into the pockets of working men and invest in our schools and eliminate (Mr. KNOLLENBERG asked and was and women. The Republican Congress the Federal debt. given permission to address the House has united behind it. It is time that Mr. Speaker, I am concerned we are for 1 minute and to revise and extend Americans get tax relief, sooner rather getting the cart before the horse. We his remarks.) than later. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H655 Mr. Speaker, the Federal Govern- resents the ‘‘peace through strength’’ Ms. GRANGER. Mr. Speaker, the ment is going to take in about $28 tril- philosophy which played such an inte- hardworking American people deserve lion in taxes over the next 10 years. We gral role in President Reagan’s success- a break. The economy is slowing down. are proposing to give back $1.6 trillion. ful foreign policy. Consumer confidence is low. A tax cut That is about 6 pennies out of every It is crucial that we recognize Presi- now would put money back in the dollar. That is not a whole lot. We are dent Reagan’s extraordinary foreign pockets of those who know best how to saying that taxpayers should take this policy achievements. This awesome spend it; that is, the American tax- money and buy their kids school new addition to our fleet will be a tes- payer. clothes, buy appliances for their timony to Reagan’s enduring legacy of A tax refund would provide the aver- homes, use it to pay utility bills, to military dominance. America is a bet- age family of four in Texas with over help their house payment or their car ter and safer place for having had $1,800 in relief. That may not seem like loan. President Reagan in the White House. a lot of money here when we talk about Mr. Speaker, this money belongs to However, we cannot sit back and ad- billions and trillions, but that can the American taxpayers. We need to mire his achievements without noting make a real difference to a family in give it back to them. that our world remains a dangerous Fort Worth, Texas. That $1,800 could f place. pay credit card debt down or pay down We must direct more attention to our a college loan or help with a down pay- BUDGET SHOULD BE AGREED armed forces by reforming and revital- ment on a new home. UPON BEFORE TAX BILL IS DE- izing our military. When President Just because the government has BATED Reagan left office in 1988, the Navy had extra money in its possession does not (Mr. CARSON of Oklahoma asked and 15 aircraft carrier battle groups, and mean it should spend it needlessly. If a was given permission to address the 594 ships in service. It now has 12 car- contractor is building a house and House for 1 minute and to revise and rier battle groups and a fleet num- comes in under budget, he does not get extend his remarks.) bering about half as many ships. The to spend that estimated surplus on Mr. CARSON of Oklahoma. Mr. new administration must support the marble counter tops or solid gold fix- Speaker, I rise on this, my maiden needs of the military to ensure that tures. The unspent money would go back to the homeowners. speech in the House of Representatives, our armed forces are well equipped and These surplus tax dollars should go to protest the policy conceived in trained to carry out our Nation’s prior- haste, offered without consultation, back to their rightful owners. The ities while providing support to our al- American taxpayers deserve a refund of and prosecuted almost without discus- lies abroad. sion. their money. It is the right thing to do, f The question before us is not whether and it is the right time to do it. a $2 trillion tax cut is a good idea or a b 1015 f bad one, nor is it whether a tax cut is THE PRESIDENT’S TAX CUT THE PRESIDENT’S TAX CUT consistent with our acknowledged du- (Mr. MATHESON asked and was (Mr. SANDLIN asked and was given ties to protect Social Security and permission to address the House for 1 Medicare and to invest more resources given permission to address the House for 1 minute.) minute.) in an increasingly burdened military. Mr. SANDLIN. Mr. Speaker, country The question, instead, is whether or Mr. MATHESON. Mr. Speaker, I came to Washington to set aside par- singer Alan Jackson croons, ‘‘Who says not a budget, a budget, the master plan you can’t have it all?’’ We need tax tisan differences and bring common- guiding spending and investments deci- cuts in America. We deserve tax cuts in sense logic to our debates. With breath- sions of the Federal Government, America. We support tax cuts in Amer- taking speed, we are rushing the Presi- should be agreed upon before we pro- ica. But the American public is not dent’s tax cut proposals toward a vote. ceed to debate the merits of a tax cut. fooled by the charade that is before us We have little time for questions, anal- I support a tax cut, as do most of my today. It is time to do what the Amer- ysis or discussion. colleagues. But a budget that sketches ican people do every day. It is time to There is no question that tax relief is our spending needs against the back- do what American families do, Amer- one of the primary concerns for fami- drop of anticipated revenue will allow ican farms, American businesses. We lies and businesses across my State. us to determine, and more importantly simply must know what our budget is During my campaign I supported tax allow the people to determine, the before we pass massive tax cuts in this relief proposals such as elimination of magnitude of the appropriate tax cut. country. There is no other responsible the marriage penalty and estate tax re- The sense of this approach is obvious, way. save to those people more interested in lief. But let us not kid ourselves. The Because make no mistake about it, short-term political gain than the breakneck pace adopted by many in Mr. Speaker, if we pass massive tax long-term solvency of our Federal Gov- Congress right now leaves no time to cuts without a budget, there is abso- ernment. consider our priorities. We are sacri- lutely no way to address prescription ficing the wisdom of the longer view f drugs, to address education, to address for the instant gratification of an easy military readiness in this country. The NEW ADMINISTRATION MUST tax cut. SUPPORT NEEDS OF MILITARY only way to do that is to spend the So- Unfortunately, rather than having a cial Security Trust Fund. That is just (Mrs. JO ANN DAVIS of Virginia thoughtful debate and review of an not right. asked and was given permission to ad- overall budget framework, Congress is In closing, let us reflect on the dress the House for 1 minute and to re- set on a path to consider individual musings of President Herbert Hoover, vise and extend her remarks.) pieces of the tax relief package without he of fiscal fame, who said, ‘‘Blessed Mrs. JO ANN DAVIS of Virginia. Mr. first understanding their combined im- are the young, for they shall inherit Speaker, on Sunday, in Newport News, pact. the national debt.’’ Virginia, I attended the christening of I come from Utah. In Utah we live Mr. Speaker, we do not need another what will soon be the U.S.S. Ronald within our means. We pay our bills, we Herbert Hoover. We do not need any- Reagan, a new magnificent aircraft car- balance our family budgets and we save thing like that. We need responsibility. rier. Mrs. Reagan, the President, Mrs. for our future. Why should our govern- We need discipline. We need a budget, Bush, and other leaders were in attend- ment not behave the same way? Mr. Speaker. ance to witness the christening of this f f vessel and to honor our former great President. TAX CUTS ARE THE RIGHT THING TAX RELIEF AND A RESPONSIBLE It is only appropriate that this awe- TO DO BUDGET some vessel be named after the leader (Ms. GRANGER asked and was given (Mr. CHABOT asked and was given who led us to victory in the Cold War. permission to address the House for 1 permission to address the House for 1 This Nimitz-class aircraft carrier rep- minute.) minute.) H656 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Mr. CHABOT. Mr. Speaker, even at a Mr. STEARNS. Mr. Speaker, it is im- The Social Security and Medicare time when consumer confidence is fall- portant that all of us work with the Lockbox Act of 2001, which is H.R. 2, ing and energy costs are skyrocketing President when he presents his budget would lock away all surpluses from the and the economy is slowing, Wash- in April. All of us should be committed Social Security and Medicare Trust ington is racking up huge tax sur- to three things: A budget that fits Fund. This bill locks up the $2.9 tril- pluses. This is just more evidence that America’s priorities; second, a budget lion surplus from the Social Security Washington is overcharging taxpayers that reduces the largest debt in his- and Medicare Trust Fund. This was and that we desperately need to refund tory; and, three, provide fair and re- overwhelmingly passed by the House of the surplus to the people who created sponsible tax relief to all American Representatives in the last Congress. it. taxpayers. Yet it was stymied by the Democrats Even as some economists are fore- Consider this. Washington will take in the Senate. casting gloom and doom, the surplus in $28 trillion in the next 10 years and Mr. Speaker, we have a unique oppor- numbers since Republicans took the President Bush’s tax cut relief is $1.6 tunity this year to provide meaningful majority control in Congress continue trillion. This is about 5.7 percent of the tax relief for hardworking Americans to roll in. That is why the time is now total revenues brought into this gov- while guaranteeing the Social Security to pay off the public debt and to offer ernment in the next 10 years. Surely and Medicare Trust Funds remain un- tax relief to hardworking Americans. If we can return about 6 percent of this touched. We have promised our seniors we are to pay off the debt and provide money to the taxpayers. that Social Security and Medicare will needed tax relief for economic growth This is not a massive tax cut, as the be there for them. This lockbox legisla- and job security and balance the budg- Democrats say. In April, as we do every tion will help to deliver on that prom- et, we must keep government spending year, we bring in the budget. We will ise. down and get rid of the waste and the vote on it. That is just how we do it f fraud and the abuse. around here. The economy will be THE PRESIDENT’S TAX CUT Last year’s budget, let us face it, was strengthened and jobs will be secure out of control. But this is a new White with a tax relief program for the Amer- (Mr. BACA asked and was given per- House, one that is fiscally responsible. ican taxpayers. We cannot wait. The mission to address the House for 1 This White House realizes we are talk- economy needs this incentive now. minute and to revise and extend his re- ing about the people’s money. marks.) Mr. Speaker, tax relief will result in f Mr. BACA. Mr. Speaker, my father job security and economic growth and THE PRESIDENT’S TAX CUT had 15 children. He knew what money give some of the money back to the (Mr. JOHN asked and was given per- was in his paycheck to be budgeted for people who earned it in the first place. mission to address the House for 1 all of us to have shoes and shelter, to Let us cut their taxes. Let us do it minute and to revise and extend his re- make sure that we had enough food to now. marks.) eat. He had to do it wisely and budget f Mr. JOHN. Mr. Speaker, I think it is it. Otherwise we would have gone bank- THE PRESIDENT’S TAX CUT imperative that this Congress provide a rupt. We would not have had enough tax cut to the American people. We can money for shoes, food or shelter. (Mr. TURNER asked and was given What the Republicans are trying to permission to address the House for 1 afford it. It has positive economic im- pacts, and we should do it. But I think do is to make a commitment for 10 minute.) years without a budget. If a family Mr. TURNER. Mr. Speaker, the equally important is paying down our national debt. And then we factor in tries to do that or a business, it would President’s recently submitted general be bankrupt in a few years. That is just budget outline leaves a lot of questions priority spending on education, which is important to us, prescription drugs what this tax bill that the Republicans remaining about his tax cut plan. rushed through will do. We owe it to Frankly, it appears that trying to fit for Medicare benefits, missile defense, agriculture, the list goes on and on. the American people to give them a tax his tax cut into a realistic budget is cut. No one disagrees. However, we owe like trying to fit a size 11 foot into a How do we know how much money to allot in different places? How do we it to them to do it right. We have to do size 6 shoe. it responsibly. We have to do it wisely. The American people understand know that $1.6 trillion is not too much of a tax cut? How do we know if $1.6 We have to have a budget first. there is no surplus today and that fore- This tax plan is based on phony-balo- trillion is not too little of a tax cut? casting the surplus for the next 10 ney numbers. There is no substance How do we not know if $1.6 trillion is years is a lot like making a 10-year without a budget. There is no beef, Mr. just right? weather forecast. We do not want over- Speaker. sized tax cuts to take us back to the Please present a budget to us so we choice of deficit spending or higher can prioritize the surpluses that may f taxes for our children. Now the leader- occur over the next 10 years. I urge the THE PRESIDENT’S TAX CUT ship in the House wants us to take a other side to show us the budget. It is (Mr. MOORE asked and was given vote on a major tax cut before the important for the American people to permission to address the House for 1 House has even adopted, or even de- provide not only a tax cut but to minute.) bated, a budget. prioritize the spending of this country Mr. MOORE. Mr. Speaker, I got a call Tax cuts are an important priority, for the next 10 years. at 3:30 yesterday afternoon from a sen- but equally important is paying down f ior administration official. our $5.6 trillion national debt, saving PROTECTING SOCIAL SECURITY He said to me, ‘‘Congressman, can Social Security and Medicare for the AND MEDICARE FROM BIG GOV- you be with us on this tax cut?’’ I said, ‘‘I’d like to be direct with future baby boomer retirement, and ERNMENT SPENDERS strengthening education and national you.’’ defense. (Mr. COOKSEY asked and was given He said, ‘‘Please do.’’ Blue Dog Democrats have come to permission to address the House for 1 I said, ‘‘Number one, I have a grave the floor this morning to say we are for minute and to revise and extend his re- concern that we don’t have a budget. the largest tax cut we can afford, and marks.) And, number two, when it comes to to know what we can afford we need a Mr. COOKSEY. Mr. Speaker, senior this $1.6 trillion tax cut, it relies on budget first. citizens and all Americans deserve to projections of $5.6 trillion over the next f know that Medicare and Social Secu- 10 years. Projections.’’ rity will be there when they need it. Sunday night I was lying in bed A RESPONSIBLE BUDGET FOR Yet for years, politicians in Wash- watching the news and the weather and AMERICA’S PRIORITIES ington have shortchanged Medicare the weatherman projected a 12-inch (Mr. STEARNS asked and was given and Social Security by spending these snow in Washington, D.C. I wondered if permission to address the House for 1 limited resources on wasteful, big gov- I would make it back here for this tax minute.) ernment programs. cut vote. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H657 That was a projection that did not the long shot. The leaders of this House bility in light of the misunderstanding come true. My concern is that these only win their wager if the Congres- this morning. The Chair does not rec- projections, these economic projec- sional Budget Office’s surplus projec- ognize for that unanimous consent re- tions, may also not materialize just tions are accurate for the next 10 quest at this time. like the snow did not. If that happens, years, but even CBO says it would not f we are going to be in deficit mode bet on its own budget numbers. CBO again. We owe it to our children, we says its surplus estimate for the next PARLIAMENTARY INQUIRY have placed a $5.7 trillion mortgage on year has a 50 percent chance of being Mr. STENHOLM. Mr. Speaker, par- their future, to start to pay down our wrong by more than $97 billion. For liamentary inquiry. debt and live within our means. years 6 through 10, CBO says the odds The SPEAKER pro tempore. The gen- f are even longer. This is a big problem, tleman from Texas (Mr. STENHOLM) because two-thirds of the $5.6 trillion will state his parliamentary inquiry. ANNOUNCEMENT BY THE SPEAKER surplus are supposed to materialize in Mr. STENHOLM. If we all under- PRO TEMPORE years 6 through 10. stand, both sides of the aisle, the pro- The SPEAKER pro tempore (Mr. Mr. Speaker, almost 20 years ago cedures of the day in which it was an- BONILLA). Earlier the Chair had an- Congress made another gamble on the nounced there would be unlimited one nounced that one-minute speeches projected budget surpluses and it lost. minutes, under what procedure is this would be limited to 10 Members per That is exactly the way then-Senate able to be changed? side prior to business. However, there Majority Leader Howard Baker de- The SPEAKER pro tempore. The has been a misunderstanding, appar- scribed the 1981 tax cut. He called it a Chair announced earlier that there ently, and in light of that, the Chair riverboat gamble. would initially be ten Members per side will recognize two additional speakers We lost enough money on that bet. recognized. Precedents under clause 2 on each side. Let us pass a budget resolution before of rule XVII commit that matter of f we take up tax and spending bills. recognition entirely to the discretion f of the Chair. Again, the Chair tried to THE PRESIDENT’S TAX CUT EASING REGULATORY BURDENS exercise some flexibility in light of the (Mr. THOMPSON of California asked AND LOWERING TAXES CREATES miscommunication. and was given permission to address MORE FREEDOM FOR THE AMER- f the House for 1 minute and to revise ICAN PEOPLE and extend his remarks.) THE JOURNAL (Mr. SHIMKUS asked and was given Mr. THOMPSON of California. Mr. The SPEAKER pro tempore. Pursu- Speaker, Americans deserve a tax cut, permission to address the House for 1 minute and to revise and extend his re- ant to clause 8 of rule XX, the pending but they also deserve a Congress that business is the question of agreeing to carefully considers and balances all of marks.) Mr. SHIMKUS. Mr. Speaker, these the Speaker’s approval of the Journal our budget priorities, including Social of the last day’s proceedings. Security, Medicare and debt reduction. are interesting times. We are going to have a good battle and discussion on The question is on the Speaker’s ap- Tomorrow we will vote on the first proval of the Journal. part of the President’s tax cut pro- things that conservatives have fought for for many years: Easing the regu- The question was taken; and the posal. This vote will be premature. The Speaker pro tempore announced that administration is not submitting the latory burdens, lowering taxes. Al- though some of my friends on the other the ayes appeared to have it. details of the budget until spring. Con- Mr. STENHOLM. Mr. Speaker, I ob- gress has yet to debate and adopt a side seem to be frustrated with this, it should come as no surprise; easing reg- ject to the vote on the ground that a budget resolution. Without a budget quorum is not present and make the framework, we are forging into the ulatory burdens, lowering taxes creates more freedom for the American people. point of order that a quorum is not great unknown. It is bad public policy present. and it is political hocus-pocus to pass I will stand on the side of freedom and individual responsibility and indi- The SPEAKER pro tempore. Evi- any bill costing this much without dently a quorum is not present. first having a budget. Some are urging vidual initiative every day of the week. It is a sound foundation. It is solid The Sergeant at Arms will notify ab- quick action in order to give the econ- sent Members. omy a boost. However, the economic ground. Let me address the issue of 10-year The vote was taken by electronic de- prosperity of recent years has been due vice, and there were—yeas 337, nays 72, in part to fiscally conservative policies projections. I used to be a school- teacher. Everybody does long-term pro- answered ‘‘present’’ 1, not voting 22, as that, coupled with the hard work of the follows: American people, turned deficits into jections. Corporate entities do long- [Roll No. 28] surpluses and reduced our debt. term projections. To base a debate on I agree that taxpayers should benefit the ability of not taking into account YEAS—337 from the budget surplus, and I will sup- long-term projections does not under- Abercrombie Boswell Conyers port a tax cut but one that is fair and stand the real world in corporate Akin Boyd Cooksey America or local taxing districts. Andrews Brady (TX) Cox one that we can afford. We need to be Armey Brown (FL) Coyne fiscally responsible and we need a bi- I look forward to having these votes. Bachus Brown (SC) Cramer partisan budget before we can consider I look forward to providing more free- Baker Bryant Crenshaw dom to the American people. Baldacci Burton Crowley any specific spending measures or cuts. Baldwin Buyer Cubin The American people deserve no less. f Ballenger Callahan Culberson Barcia Calvert Cummings f REQUEST FOR ADDITIONAL ONE Barr Camp Cunningham MINUTES b 1030 Barrett Cannon Davis (CA) Mr. STENHOLM. Mr. Speaker, I ask Bartlett Cantor Davis (FL) EVEN CBO SAYS IT WOULD NOT Barton Capito Davis (IL) unanimous consent that in light of the Bass Capps Davis, Jo Ann BET ON ITS OWN BUDGET NUM- misunderstanding that occurred re- Bentsen Cardin Davis, Tom BERS garding the number of one minutes, Bereuter Carson (IN) Deal Berkley Carson (OK) DeGette (Mr. HILL asked and was given per- that any additional Members on either Berman Castle Delahunt mission to address the House for 1 side that wish to deliver one minutes Biggert Chabot DeLay minute and to revise and extend his re- might be able to do so. Blagojevich Chambliss DeMint Blumenauer Clayton Deutsch marks.) The SPEAKER pro tempore (Mr. Blunt Clement Dingell Mr. HILL. Mr. Speaker, introducing a BONILLA). The Chair appreciates the Boehlert Clyburn Doggett trillion dollar tax bill without a budget sentiment of the gentleman from Texas Boehner Coble Dooley framework is like going to the race- (Mr. STENHOLM), but the Chair has al- Bonilla Collins Doolittle Bono Combest Doyle track and putting all your money on ready tried to exercise a little flexi- H658 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Dreier Kind (WI) Radanovich LaFalce Oberstar Strickland yield myself such time as I may con- Duncan King (NY) Rahall Langevin Olver Sweeney Dunn Kingston Regula Larsen (WA) Pallone Taylor (MS) sume. During consideration of this res- Edwards Kirk Rehberg Larson (CT) Peterson (MN) Thompson (CA) olution, all time yielded is for the pur- Ehlers Kleczka Reyes Lewis (GA) Ramstad Thompson (MS) pose of debate only. Ehrlich Knollenberg Reynolds LoBiondo Riley Udall (CO) Mr. Speaker, House Resolution 79 is a Emerson Kolbe Rivers McDermott Sabo Udall (NM) Engel LaHood Rodriguez McGovern Sandlin Velazquez closed rule providing for consideration Eshoo Lampson Roemer McNulty Schaffer Visclosky of S.J. Res. 6. This bill provides for Etheridge Lantos Rogers (KY) Meehan Schakowsky Waters congressional disapproval of the rule Evans Largent Rogers (MI) Menendez Scott Watt (NC) submitted by the Department of Labor Everett Latham Rohrabacher Miller, George Stark Weiner Fattah LaTourette Ros-Lehtinen Moore Stenholm Weller relating to ergonomics. Ferguson Leach Ross Mr. Speaker, H. Res. 79 provides for 1 ANSWERED ‘‘PRESENT’’—1 Flake Lee Rothman hour of debate, equally divided and Fletcher Levin Roybal-Allard Tancredo Foley Lewis (KY) Royce controlled by the chairman and rank- Fossella Linder Rush NOT VOTING—22 ing minority member of the Committee Frank Lipinski Ryan (WI) Ackerman Hinchey Sanders on Education and the Workforce. The Frelinghuysen Lofgren Ryun (KS) Becerra Hunter Shows rule also waives all points of order Gallegly Lowey Sanchez Bilirakis Lewis (CA) Slaughter Ganske Lucas (KY) Sawyer Bishop Maloney (CT) Stupak against consideration of S.J. Res. 6 in Gekas Lucas (OK) Saxton Boucher McCrery Walsh the House. Finally, the rule provides Gibbons Luther Scarborough Burr Moakley Waxman for one motion to recommit with or Gilchrest Maloney (NY) Schiff Capuano Rangel without instructions, as is the right of Gillmor Manzullo Schrock Diaz-Balart Roukema Gilman Markey Sensenbrenner the minority. Goode Mascara Serrano b 1057 Mr. Speaker, the ergonomics rule fi- Goodlatte Matheson Sessions ´ nalized by OSHA on November 14, 2000 Gordon Matsui Shadegg Ms. VELAZQUEZ and Mr. Goss McCarthy (MO) Shaw LANGEVIN changed their vote from is fatally flawed. This unworkable rule Graham McCarthy (NY) Shays ‘‘yea’’ to ‘‘nay.’’ would require employers to implement Granger McCollum Sherman a full blown, company-wide ergonomics Graves McHugh Sherwood So the Journal was approved. Green (WI) McInnis Shimkus The result of the vote was announced program based on the report of just one Greenwood McIntyre Simmons as above recorded. injury by one employee. Grucci McKeon Simpson Stated for: Hall (OH) McKinney Sisisky b 1100 Hall (TX) Meek (FL) Skeen Mr. BILIRAKIS. Mr. Speaker, on rollcall No. The ergonomic symptom need not Hansen Meeks (NY) Skelton 28 I was inadvertently detained. Had I been Harman Mica Smith (MI) even be caused by work activity, as present, I would have voted ‘‘yea.’’ long as work activities aggravate it. Hart Millender- Smith (NJ) Stated against: Hastings (WA) McDonald Smith (TX) Under this rule, employers could end Hayes Miller (FL) Smith (WA) Mr. CAPUANO. Mr. Speaker, today I was up responsible for workers’ injuries Hayworth Miller, Gary Snyder engaged in questions with the Department of sustained on the softball field. Hefley Mink Solis Health and Human Services Secretary Tommy Herger Mollohan Souder This regulation also undermines Hilleary Moran (KS) Spence Thompson during a hearing of the Budget State workers’ compensation laws by Hinojosa Moran (VA) Spratt Committee and was therefore unable to cast a Hobson Morella Stearns creating a Federal workers’ compensa- vote on rollcall 28. Had I been present, I tion system for musculoskeletal dis- Hoeffel Murtha Stump would have voted in the following manner: Hoekstra Myrick Sununu orders. The parallel workers’ com- Holden Nadler Tanner ‘‘Nay’’ on rollcall 28. pensation system mandated by OSHA Honda Napolitano Tauscher f Hooley Neal Tauzin for ergonomics injuries tramples on the Horn Nethercutt Taylor (NC) PROVIDING FOR CONSIDERATION State’s ability to define what con- Hostettler Ney Terry OF S.J. RES. 6, DISAPPROVING stitutes a work-related injury. Houghton Northup Thomas Hoyer Norwood Thornberry DEPARTMENT OF LABOR RULE It is important to understand that Hutchinson Nussle Thune RELATING TO ERGONOMICS disapproving this regulation would not Thurman Hyde Obey Mr. LINDER. Mr. Speaker, by direc- permit the Department of Labor from Inslee Ortiz Tiahrt revisiting ergonomics. Secretary Chao Isakson Osborne Tiberi tion of the Committee on Rules, I call Israel Ose Tierney up House Resolution 79 and ask for its has stated that she intends to pursue a Issa Otter Toomey immediate consideration. comprehensive approach to Istook Owens Towns The Clerk read the resolution, as fol- ergonomics, including new rulemaking Jackson (IL) Oxley Traficant that addresses the fatal flaws in the Jackson-Lee Pascrell Turner lows: (TX) Pastor Upton current standard. H. RES. 79 Jefferson Paul Vitter The Congressional Review Act was Jenkins Payne Walden Resolved, That upon receipt of a message made for regulations like the Depart- Wamp John Pelosi from the Senate transmitting the joint reso- ment of Labor’s ergonomics rule. This Johnson (CT) Pence Watkins lution (S.J. Res. 6) providing for congres- Johnson (IL) Peterson (PA) Watts (OK) sional disapproval of the rule submitted by overly burdensome and impractical Weldon (FL) Johnson, E. B. Petri the Department of Labor under chapter 8 of ergonomics standard was imposed by Johnson, Sam Phelps Weldon (PA) the Clinton administration as part of Jones (NC) Pickering Wexler title 5, United States Code, relating to Kanjorski Pitts Whitfield ergonomics, it shall be in order without the same pattern of regulatory over- Kaptur Platts Wicker intervention of any point of order to con- reach that held employers responsible Keller Pombo Wilson sider the joint resolution in the House. The for unsafe conditions in telecom- Wolf Kelly Pomeroy joint resolution shall be considered as read muters’ home offices. By disapproving Kennedy (MN) Portman Woolsey for amendment. The previous question shall Wu the ergonomics standard, Congress can Kennedy (RI) Price (NC) be considered as ordered on the joint resolu- Kerns Pryce (OH) Wynn tion to final passage without intervening support the voluntary efforts of em- Kildee Putnam Young (AK) ployers who have made real reductions Kilpatrick Quinn Young (FL) motion except: (1) one hour of debate equally divided and controlled by the chairman and in ergonomics injuries and allow OSHA NAYS—72 ranking minority member of the Committee to focus on developing reasonable and Aderholt Costello Gonzalez on Education and the Workforce; and (2) one workable ergonomics protections for Allen Crane Green (TX) motion to recommit. the workplace. Baca DeFazio Gutierrez The SPEAKER pro tempore (Mr. Mr. Speaker, some of my colleagues Baird DeLauro Gutknecht Berry Dicks Hastings (FL) BONILLA). The gentleman from Georgia on the other side of the aisle will no Bonior English Hill (Mr. LINDER) is recognized for 1 hour. doubt insist that the rule does not Borski Farr Hilliard Mr. LINDER. Mr. Speaker, for the allow for sufficient time for debate. In Brady (PA) Filner Holt purpose of debate only, I yield the cus- fact, the question before us is straight- Brown (OH) Ford Hulshof Clay Frost Jones (OH) tomary 30 minutes to the gentleman forward. Does OSHA’s ergonomics rule Condit Gephardt Kucinich from Ohio (Mr. HALL); pending which I overly constrain employers without March 7, 2001 CONGRESSIONAL RECORD — HOUSE H659 providing real benefits to employees? If American workers deserve better Mr. Speaker, I am from the position Members confine their remarks to the treatment than this shabby attempt to that I believe we can have both, pros- matter at hand, which is the accept- deny them important protection from perity, healthy workers and keep jobs ance of the rule, there will be sufficient job-related injuries, and the American in this country. Some people do not be- time to this question. people deserve more deliberation from lieve that is possible, but the workers This rule was approved by the Com- their representatives when making in this country are the very best. They mittee on Rules yesterday, and I urge sweeping changes in the law. I urge my deserve an environment where they can my colleagues to support it, so that we colleagues to defeat the rule and the keep the good jobs that they have may proceed with general debate and resolution. earned and prospered in. consideration of the bill. Mr. Speaker, I reserve the balance of Mr. Speaker, this regulation was Mr. Speaker, I reserve the balance of my time. passed in the final days of the last ad- my time. Mr. LINDER. Mr. Speaker, I yield 4 ministration. It was passed in a hurry. Mr. HALL of Ohio. Mr. Speaker, I minutes to the gentlewoman from Ken- It did not review the law of unintended yield myself such time as I may con- tucky (Mrs. NORTHUP). consequences, and it did not consider sume. Mrs. NORTHUP. Mr. Speaker, I rise what the costs would be to the econ- Mr. Speaker, I want to thank the to speak in favor of this rule and in omy. gentleman from Georgia (Mr. LINDER) favor of the invocation of the Congres- Mr. Speaker, I have six children. for yielding me the time. I rise to op- sional Review Act. They are ages 19 to 29, and they believe pose this closed rule. The rule will First of all, let us remember what that this country and the jobs that allow for the consideration of S.J. Res. the Congressional Review Act is for. It they are going to have in the future 6. This is a resolution that would over- is for remedying extraordinary rules will mirror the good jobs that my gen- turn the new Federal regulation to re- that would cause extreme damage in eration has had and depended on so our country. It was signed by the duce workplace injuries. that they can raise families and buy former President. It was agreed to by Under this rule, no amendments may their first home and enjoy the benefits both Chambers of Congress, and it was be offered. Debate time is limited to that our good jobs and our best work- seen to be a good way to address a only 1 hour. ers have made possible for us. Last November, the Occupational problem that might come up and be Please, let us not let our government needed in the future. And if ever it is Safety and Health Administration tinker around in a regulation that needed, today it is needed. issued an ergonomics standard that would cost so much money, that would We have a new rule that has been would require employers to take steps promulgated that would cause extreme drive the cost of every good up, that to reduce work-related muscle, back damage to our workplace. Let us admit would reduce our ability to be inter- and related bone disorders. These dis- it, we are a land of prosperity right nationally competitive, that would orders are often the result of heavy now primarily because of our workers. make older workers and I want to say lifting, repetitive motion and awkward Let us give our workers their just due. middle-aged workers, because that is working positions. They go to work every day. They are where I consider myself, impossible to The standard was issued after 10 hard working. They are productive. employ for the fear that workplaces years of discussion and study. It is in- They work smart, and they are depend- would be wary of the costs they would tended to reduce the enormous number able. It is those qualities that have re- incur to accommodate those workers. of job-related ergonomics injuries. An made our economy from the years We have to protect the workplace for estimated 1.8 million Americans suffer where we wondered whether we could our workers, they are the best for our from these kinds of disorders, and be internationally competitive, and it country. about one-third of these works require is those workers that have worked so Mr. HALL of Ohio. Mr. Speaker, I time off as a result of their injuries. hard, worked so smart, been so depend- yield 2 minutes to the gentlewoman The standard is aimed at improving the able that are at the core of the pros- from California (Mrs. CAPPS). health of workers, as well as improving perity that Americans all over this Mrs. CAPPS. Mr. Speaker, I rise productivity. country enjoy. today in strong opposition to this rule It is a good regulation. It is based on The worst thing we can do as a gov- and to the resolution for overturning sound scientific studies. It will prevent ernment is to create regulations that the new OSHA standards for worker hundreds of thousands of work-related would be so high in costs that they safety. Repealing this standard would injuries. If we approve this resolution, would push our best jobs outside of this not only eliminate this important we will kill the regulation. country. It is a reoccurring challenge worker protection, but it would effec- The regulation does not go into effect that we face every day to keep good tively prohibit OSHA from ever issuing until next October, and by killing it jobs here in this country. We ought to a similar standard to protect workers now we are not even giving the regula- dedicate ourselves to it. from musculoskeletal disorders. How tion a chance to work. As I have seen workers and compa- appalling. Mr. Speaker, I am particularly con- nies do in my district that have re- OSHA’s standards for worker safety cerned that we are acting through the versed decisions, in fact, to keep work is critically important to working men special authority created by the Con- on shore in this country, in my com- and women. The lives of workers who gressional Review Act to overturn Ex- munity instead of transferring it off- suffer from disorders like carpal tunnel ecutive Branch regulations. I believe shore, we have to work harder at that, syndrome, tendinitis or back injuries that never before has Congress used and we have to be very careful that as are changed forever. Many workers lose this authority. we all work towards what we believe in their jobs, are permanently unem- The resolution we are considering that we do not create a rule that has ployed or forced to take severe pay was brought up suddenly. In fact, Mem- the law of unintended consequences, of cuts in order to continue working. This bers of the Committee on Rules had pushing our best jobs out of this coun- injustice must end. only about an hour’s notice last night try. That would be a terrible thank you As a public health nurse, I know how before it came to the committee. to the workers of this country that debilitating these injuries and illnesses The rule we are now considering per- have meant so much to our prosperity can be. For example, nursing home em- mits only 1 hour of debate for the dis- and will mean so much to our chil- ployees experienced more on-the-job approval resolution. That is woefully dren’s prosperity. back injuries as a percentage of their inadequate, considering the impor- Let us all say it and say it again, we overall injuries than any other occupa- tance of this issue to the American are all for the same thing, we are for tion. Most of them are women. worker. safe workplaces. We are for healthy Mr. Speaker, I support the OSHA Because Congress has never used the workers, and we are here to make sure standard because it is based on sound Congressional Review Act, we are now that investments in our economy are science and good employer practices. It establishing the procedural precedent important so that we can balance both is the most effective means to prevent that could be followed in the future. It safe workplaces and healthy workers workplace injuries. And under this is not a good precedent. and keeping our jobs on shore. standard, I believe that businesses will H660 CONGRESSIONAL RECORD — HOUSE March 7, 2001 save money in the long run through re- Mr. Speaker, I think it is going to workplace injuries take upon Amer- duced workers claims for compensation have a tremendously negative impact ica’s working men and women, and dis- and other health insurance claims. on employees because there will be no proportionately on women. Women are Mr. Speaker, I am so disappointed standards, and we will be turning the 40 percent of the work force. There is that Congress is attempting to repeal clock back and going back to a time over 63 percent of the injuries. this important safeguard and to deny when even in the face of compelling They have decided also that, not only significant medical and scientific find- and overwhelming scientific evidence are they going to assault America’s ings. These objective studies all agree each individual case will have to be workers, they are going to insult that workers need safety protection for litigated separately with an absence of America’s workers. They are going to repetitive motion injuries. Injuries like standards. insult them in the manner in which these are only going to increase in our they bring this to the floor of the Con- b 1115 economy as so many sit at computers gress. They are not going to use a pro- or stand at assembly lines. Mr. LINDER. Mr. Speaker, I yield cedure that allows for 10 hours of de- It is time to stop the pain, to start myself such time as I might consume bate so those who are pro this regula- the healing and to protect workers to respond that. With respect to litiga- tion and against this regulation can de- from workplace injuries. Let us vote tion, these rules would begin it all over bate it. But they have decided we will down this rule and this resolution. again. Any little accident on a football only be given 1 hour of debate. That Mr. LINDER. Mr. Speaker, I reserve field could be said to hurt more when will be a half an hour on each side for the balance of my time. one is working and, therefore, is work- 435 Members of Congress. Mr. HALL of Ohio. Mr. Speaker, I place related; and, therefore, there is a So they are going to take 10 years of yield 3 minutes to the gentleman from requirement that the entire business work, 10 years of scientific study, 10 North Carolina (Mr. WATT). has to change its position, its offices to years of medical evidence, 10 years of Mr. WATT of North Carolina. Mr. facilitate one injury. worker testimony and business testi- Speaker, I thank the gentleman from With respect to whether big business mony, and they are going to overturn Georgia (Mr. LINDER) for yielding me is being helped by this or not, most big it in 1 hour of debate. the time. businesses have made a mantra out of Now, I guess one could argue that Mr. Speaker, I rise in opposition to the phrase ‘‘safety is job one.’’ Most maybe the Republicans do not know the rule and in opposition to this pro- big businesses have very few problems who these workers are. They do not see posal to undo a set of regulations that with safety. They would be fine with I believe will be beneficial not only to them with the wrist braces, with the this. American workers but to small busi- finger braces, with the elbow brace, But most of the new jobs are created nesses. with the shoulder braces, with their by small business. Perhaps 95 percent Some 25 years ago, before I came to arms in a sling, with the back braces. this body, I did a lot of workers’ com- of the jobs created in the last 8 years They do not see them at Home Depot. pensation work in the practice of law were created by entrepreneurs who They do not see them at Wal-Mart. on behalf of employees, and we were started with one employee and hope- They do not see them at United Airline light-years behind at that time, be- fully ended up with 50. They are the as they are making out their tickets or cause I remember in North Carolina ones who are going to be the most bur- as their flight attendants on their air- litigating the first case that estab- dened by these rules. plane are serving them meals or the lished carpal tunnel syndrome as an oc- Let me lastly say that we are not people who handle their baggage. cupational disease under the North least in the interest of harming work- They do not see them when the UPS Carolina Workers’ Compensation law. ers. We are neither in the interest of driver comes by or the FedEx worker What was required on one side, on my harming workers or reducing the abil- comes by and drops off their packages side, the employee’s side, was a group ity of OSHA through the Labor Depart- and is wearing a brace on their arm. of experts that connected these injuries ment to come up with some real pro- They do not see them in the lumber to conditions in the workplace, and on tections regarding ergonomics; we are mills. They do not see them as the the employer side, a group of experts opposed to this overreaching intrusive health-care attendants and the nurses that denied that there was any connec- rule that could shut down businesses. in our hospitals. They do not see them tion between the workplace setting and Mr. Speaker, I reserve the balance of in the Safeway stores, the checkers at these kinds of diseases. So what we my time. the stand who are wearing braces on would have is hours and hours and Mr. HALL of Ohio. Mr. Speaker, I their arms because of repetitive mo- thousands of dollars of expert opinion yield 3 minutes to the gentleman from tion injuries to them. time on both sides of this issue. California (Mr. GEORGE MILLER). They do not see these workers when We got through that, and we set up a (Mr. GEORGE MILLER of California it is painful for them to get into the standard in North Carolina, and we asked and was given permission to re- car to drive to work because their arms have gotten through that. And after 5 vise and extend his remarks.) and their wrists and their hands are so years of study now, we have set up a Mr. GEORGE MILLER of California. badly damaged from being a key punch standard at the national level, and Mr. Speaker, what is taking place here operator. They do not see them when what I am going to submit to my col- today is not terribly complicated. It is they get into their cars painfully to leagues is that while this undoing of pretty straightforward. It is an drive home. They do not see them when regulations might be beneficial to big unapologetic assault on some of the they get into their house and they can- businesses who have experts on their hardest working men and women in not pick up their children because payroll accessible to them at all this country. It is an assault on the their arms are so badly damaged from points, small businesses are going to right to be pain free in their job. It is repetitive motion or their back is have to go back to a situation where an assault on their right not to be in- badly damaged from repetitive motion they have to go out and hire experts to jured on their job. It is an assault on or from loads on their back. come in and defend these cases, and their right to provide the wherewithal Somehow the Republicans do not see employees are going to be put to the for their families. these individuals. But America sees burden, financial and otherwise, of hir- Because the workers who suffer these them. We see them when we fly. We see ing experts. workplace injuries lose wages, they them when we go to the supermarket. It is going to be a swearing contest lose hours, and they lose jobs, which We see them when we go to the hard- again in the absence of these regula- means they cannot provide what they ware store. We see them in the hos- tions. While I think what my col- want for their families. pitals as they take care of members of leagues on the Republican side are try- But the Republicans in the Congress our family. We see them as they turn ing to do will, in fact, benefit and ad- have decided that they are going to as- over a patient in bed. And they are vantage big business, that is what they sault these workplace rules in spite of wearing braces on their arms because are all about, I do not think this is all the science, in spite of all the evi- of these kinds of workplace injuries, going to be beneficial at all to small dence, in spite of all the medical testi- the very same injuries that Repub- businesses. mony about the terrible toll that these licans are insisting now that American March 7, 2001 CONGRESSIONAL RECORD — HOUSE H661 workers do not have the right of pro- Elizabeth Dole credit for the first per- cannot work. It is a rule that must be tection from. son that raised this issue and had a rewritten in a fair and balanced way. Mr. LINDER. Mr. Speaker, I yield 3 good idea about ergonomic problems, On November 14, 2000, OSHA finalized minutes to the gentlewoman from Ken- and hijacked it and took it in a very a fatally flawed rule that regulates tucky (Mrs. NORTHUP). wrong direction. every motion in the workplace. But Mrs. NORTHUP. Mr. Speaker, in this There is no balance to this rule. That OSHA did not stop there. As they did new atmosphere of bipartisanship, I am is why we are here today because 10 years ago with the blood-borne patho- going to avoid being insulted by the years have been wasted by somebody gen standard, OSHA also created a Fed- claim of the gentleman from California that never listened to what the balance eral workers’ compensation system (Mr. GEORGE MILLER), the previous was in this issue. that will undermine State workers’ speaker, that somehow we do not see Mr. HALL of Ohio. Mr. Speaker, I compensation laws. these things. yield 11⁄2 minutes to the gentlewoman This ergonomics regulation simply But I do for the record want to make from California (Ms. SOLIS). cannot be salvaged as written. This a note that my daughter, who works Ms. SOLIS. Mr. Speaker, I rise in op- must be sent back to the drawing for UPS from 4 a.m. to 8 a.m. in the position to bringing this resolution for- board, and that is what this debate is morning actually had two of these ward, Senate Joint Resolution 6 to the about, that is what this vote is about. braces on her hand. She does suffer floor. This legislation would repeal the This is a bad rule. Let us begin again from carpal tunnel syndrome. As a worker-safety standards recently es- and get it right. credit to the company, they do every tablished by OSHA. Remember, it took Although OSHA tells us that this is single thing they can in terms of job 10 long years to get here. We studied an ergonomics regulation, this regula- rotation, in terms of remediation in this thing to death. tion is not limited to those repetitive remedying this problem. The worker-safety standards are stress injuries generally associated How dare we, how dare we act as critically important to preventing with ergonomics; no, this ergonomics though we do not care about these work-related injuries, and it is shame- regulation covers all disorders of the workers or that they are not our own ful that the Republican majority is muscles, the nerves, the tendons, the daughters and our own sons. trying to overturn them. ligaments, the joints, cartilage, blood Let me just say that, first of all, I Maybe those of us in Congress do not vessels, and spinal disks. would like to respond to the fact that have to worry about repetitive injuries To make matters worse, OSHA has this will save money. If this rule would or forceful exertion or awkward pos- made it nearly impossible in this rule really save money, then the Federal tures because of the type of work we for an employer to claim that an injury Government ought to apply this rule to do. But look at the stenographers right is not work related. Any MSD injury, its own workers. One may notice that in front of us that sit here day in and no matter how caused, will be consid- ered work related if work makes it the Labor cabinet does not inflict this day out, does one not think that they hurt. Think about that. rule on Federal employees, which might have had some problems with Instead of creating an ergonomics means that, if there is money to be carpal tunnel syndrome? regulation that helps employers and Take a look around your own offices. saved, our taxpayers will not save this employees prevent repetitive stress I know in my district office it is very money that could be saved. syndrome, OSHA has created a rule Why would we ever apply something important that we have safety protec- that makes employers responsible for to the private workplace and not apply tions put in place. softball injuries. Despite this wide- Mr. Speaker, I know also in my dis- it to Federal workers and hold Federal open definition, OSHA felt that some trict we have many constituents who employers responsible at exactly the employees would still find some way to work in a hard and unsafe manner, same level that we hold the private claim that softball injuries were not workplace? many of them work in sweat shops, work related. So OSHA made it illegal Let me also congratulate the work- many of them work for big garment in- for employers to ask the employee’s places that are already spending enor- dustries, they work 10 and 12 hours doctor about nonwork causes of injury. mous sums of money to address this sewing materials, barely being able to Think about that. issue. All of us know in workplaces lift up their heads. Many of them are Despite the extreme difficulty of de- that, where we are, maybe in our own women, many of them are new immi- termining the cause of any MSD in- offices, I might add, where we have grants that come to this country with jury, OSHA requires employers to spent money to address these problems, the hope of prosperity in bringing up begin redesigning their workplaces we are to recognize that, as a country, their families. They sacrifice them- based upon the report of one injury by we are addressing this problem. selves for that. The least that we can one employee. The single-injury trig- But the big problem here is that, as do is provide them with better protec- ger raises the likelihood that employ- we address this problem, because let us tions in the workplace. ers will be required to embark on ex- face it, in our economy, we need every I know that myself and many of my pensive redesigns of their workplaces worker we can get. It is important to colleagues in California have worked because of injuries that were not us that we keep them healthy and able hard to study this issue as well. As a caused at work. Think of the connota- to work so that we are able to keep our member of the State Senate and former tion of that and what it does to jobs. economy growing. chair of the labor committee there, we OSHA was not content, however, to But there is someplace where there is worked hard to try to bring labor and merely require expensive redesigns of not every worker working. There are businesses together on this. workplaces across the country, OSHA places overseas where they are des- Mr. Speaker, it is shameful to see also set up a Federal workers’ com- perate to have our jobs and they are that the Chamber of Commerce is op- pensation system that will undermine eager for our data processing jobs and posing this very important legislation. existing State workers’ compensation they would be glad to have them at the Mr. LINDER. Mr. Speaker, I yield 5 laws. OSHA has mandated a parallel less cost. It is very easy to transfer minutes to the gentleman from Geor- workers’ compensation system for those jobs overseas; and with one click gia (Mr. NORWOOD). ergonomic injuries that will pay higher of the mouse, one can send all that Mr. NORWOOD. Mr. Speaker, I thank rates of compensation than for other processed information back into this the gentleman from Georgia for the injuries covered by State workers’ country and not have the unreasonable time, and as our ranking minority compensation. Think about that. cost that this rule invokes. member said a few minutes ago, this is This problem is not that we went on not a very complicated issue. This is b 1130 10 years, it is that we had a Labor cabi- not an issue about basically The tragedy of this regulation is that net that was totally tone deaf. They ergonomics and workforce problems workers do suffer injuries caused by re- did not learn anything from all of the with repetitive motion, this is an issue petitive stress. Fortunately, these inju- testimony they took. They were deter- about a rule that is absolutely awful. It ries have declined by 22 percent over mined to take an idea that was hatched is about a rule that will stop repetitive the past 5 years, thanks to the vol- back in the early 1990s, and let us give motion injuries by making sure people untary efforts of employers. Instead of H662 CONGRESSIONAL RECORD — HOUSE March 7, 2001 building on these efforts, OSHA has ica’s workers. Help our families and Everybody knows about this. Mem- issued a rule that assumes that every stand by what is right in making sure bers should talk to the computer oper- employer is a bad actor that will not that that which drives this economy, ators in their own offices, talk to their help its own employees, even when it which is the labor of men and women, office workers. Many of them are re- saves the employer money. Think is preserved. quiring special equipment to work with about that. Mr. LINDER. Mr. Speaker, I yield 3 to protect them. Truck drivers, con- By finalizing a regulation that is uni- minutes to the gentleman from Geor- struction workers and meat cutters, all versally opposed by the regulated com- gia (Mr. NORWOOD). of these people are affected; and we munity, OSHA has shown its contempt Mr. NORWOOD. Mr. Speaker, I thank should want to do something to help for employers, many of whom have the gentleman for yielding me this the workers that basically make the made a great effort to establish com- time. I just want to point out this does least amount of money, that are the prehensive, voluntary ergonomic pro- not repeal anything. This is us stand- most vulnerable, the ones who have the grams in the workplace. By dis- ing up as the Congress of the United least dollars to take care of their fami- approving the ergonomics regulation, States and saying this Federal agency lies with to get the kind of medical Congress can support the voluntary ef- wrote a bad rule. We have let them get help that they need to address these forts of employers that have brought away with this over and over again. kinds of issues. I think it is obvious. real reduction in ergonomic injuries, This does not mean that Secretary I certainly hope that the Members of and OSHA can focus on promoting rea- Chao, the new Secretary, will not write this House will not support this dis- sonable and workable ergonomic pro- ergonomic regulations; but it does approval resolution by the opposite tections for the workplace. mean, however, we will repeal, we will side of the aisle. I hope that we can This is about eliminating a bad rule. disagree, we will say the way they draw attention to what they are trying Mr. HALL of Ohio. Mr. Speaker, I wrote these rules will not do. to do. American workers deserve better yield 2 minutes to the gentleman from Mr. MENENDEZ. Mr. Speaker, will than this. the gentleman yield? New Jersey (Mr. MENENDEZ). Mr. LINDER. Mr. Speaker, I yield 4 Mr. MENENDEZ. Mr. Speaker, I rise Mr. NORWOOD. I yield to the gen- minutes to the gentleman from Geor- tleman from New Jersey. in the strongest opposition to this gia (Mr. KINGSTON). Mr. MENENDEZ. Mr. Speaker, I abandonment of American workers. Mr. KINGSTON. Mr. Speaker, I think the gentleman clearly recognizes Elections have consequences, and thank the gentleman for yielding me that if we have a set of rules that pro- this time, and I want to start out just today the Republican leadership starts tect workers today and we repeal them down a road on what I believe will be a asking a couple of questions here. we are taking away a right they pres- Should a grocery store employee be long list of repealing worker rights. It ently have. is shameful. prohibited from bagging a turkey that Mr. NORWOOD. Mr. Speaker, re- weighs more than 15 pounds? Now, I Today, the Republican leadership claiming my time, the gentleman does will sacrifice the health and safety of have a family of four, so if I can find a recognize that this set of rules may 15 pound turkey, I am going to buy it. hard-working Americans for pure polit- well not protect workers because they ical gain. This is nothing more than Now, my wife can pick up a 15 pound may not have a job in which to be pro- turkey because she has been picking up Republicans paying back their big con- tected. four children. Most kids quickly get to tributors who helped them get all OSHA people are not going to Mexico be in excess of 15 pounds. But let us elected. It is certainly not compas- and they are not going to Canada to just think this through. Libby King- sionate, and the process being used check on them. We need to write a set ston goes to the Piggly-Wiggly to buy today to overturn workplace safety is of rules that will encourage employers the 15 pound turkey and she lifts it up; not bipartisan. in the workplace to be healthy and yet the 18-year-old football player from Common sense tells us that workers safe, including ergonomic rules. But Savannah High School, Johnny Sim- are our most valuable asset. Without this rule is a bad rule, and that is all mons, cannot lift it from the cashier to them there are no corporate profits, we are talking about. the bag. without them there are not going to be The Labor Department issued a bad Maybe we need to install forklifts at increasing stock prices, without them rule. Let us get rid of it and write a all the Piggly-Wigglys so that we can as the hard-working engine there is no good rule. get those 15 pound turkeys into the one fueling our economy. But Repub- Mr. HALL of Ohio. Mr. Speaker, I bags so that the mamas can pick them licans argue that it would cost compa- yield 2 minutes to the gentlewoman right up and carry them and put them nies too much to protect them, despite from California (Ms. WATERS). into the SUVs. the fact that these workplace injuries Ms. WATERS. Mr. Speaker, Repub- Another question. Should hospitals are already costing businesses $50 bil- licans have a bad reputation for sup- and nursing home employees be re- lion a year and that there are 600,000 porting the rich and the powerful and stricted in their ability to help lift pa- men and women suffering from such in- disregarding the needs and concerns of tients from their bed? I have an em- juries each year. low-wage workers, poor people, and ployee right now whose father, very These are men and women who can- working people in general; and they sadly, has suffered a stroke, and he not prepare dinner for their families or have wasted no time in attempting to needs assistance when he goes to the help dress their kids for school because repeal worker safety standards. bathroom. Now, under these rules it is their hands have been crippled by re- I am surprised that they would move no problem, all an employee has to do petitive-stress injuries; or who cannot so quickly and so blatantly to do this. is say, Well, you are on your own. We have the joy of picking up their child This attempt by Republicans to dis- know you had your stroke, but, good because of back injuries, injuries that approve the results of the congression- luck, sorry, I am on break right now. are no fault of the workers themselves. ally mandated OSHA study is a blatant That is what these rules do. To argue these protections were example again of the extent the Repub- Should a worker be prohibited from rushed through at the last minute is to licans will go to protect those cor- spending more than 4 hours a day at a deny that more than 10 years ago this porate interests. keyboard? I am glad the previous effort was started by a Republican During all of this delay and these de- speaker said her employees seem to be Labor Secretary. My colleagues should laying tactics, over 600,000 workers suf- suffering from this every day at the understand that if they vote for this fered injuries caused by repetitive mo- word processors. I do not know, but resolution they will repeal and strip tion, heavy lifting, and forceful exer- maybe she should move them to an- away a right American workers have tion. These kinds of injuries affect other job. My folks over at the first now and that there will be no recourse. every sector of the economy: nurses, district of Georgia, they can spend 4 American workers have been driving who are lifting people, rolling over the hours a day at a keyboard. And if they our Nation’s economy. Today, Repub- sick, taking care of their bed sores; cannot, they can tell me and we can licans throw them in the back seat and cashiers who stand there all day punch- work it out. take them for a ride. Vote against the ing and counting and adding; computer Here is one of the questions. Maybe rule and the resolution. Protect Amer- operators. not all employees should be picking up March 7, 2001 CONGRESSIONAL RECORD — HOUSE H663 15 pound turkeys, maybe not all em- I am Dorothy, and I am pulling the itive motion stress in the workplace. ployees in hospitals should be helping cloak off the wizard to let you know But you are not going to get it reduced patients go to the bathroom, and that the rule here, the disapproval res- any further with the kind of onerous maybe not all employees should be sit- olution, does not only rescind the rule, rule we are putting on them now. ting at a keyboard for 4 hours; but it prohibits issuance of a similar rule. Remember what this is. This is about that, my colleagues, should be the deci- A bad rule. repealing a bad rule. It is not about sions made locally at the place of em- I am worried about my mother, 80 making ergonomics go away. Lastly, I ployment, not by some bureaucrat in years old, who folded boxes for a com- would simply add, it dawned on me as Washington who knows everything. pany. Her hand looks like this. I have I was listening about the 15-pound tur- What is it with the Democrat Party said this on the floor before. It is like key. I am more interested in the 15- that they think the wizards of Oz are in this because she cannot move it as a pound child. What about the mothers Washington, D.C. and that they should result of the repetitive motion of fold- all across America that have a 15- dictated to all the businesses all over ing a box. Let us make the argument pound baby who is 8 months, 10 months the country who should do what, when that instead of just saving money for old? What are we going to do next? In they should do it, and how they should companies, we might save the health leaving the Labor Department to its do it? care costs for all these workers who are own devices, we might. Should the Fed- I will give another example. A couple stuck like this, or stuck like this, from eral Government furnish a helper for of years ago this same outfit came into doing repetitive motion. every mother in America that has a 15- my district and told a woman who runs Wake up, Republican Party. Under- pound child that she lifts up and down a courier service with two cars, she stand that we are not saying Repub- all day? takes packages from the north side of lican-Democrats. We are for workers. There are things in life we have to do town to the south side of town, it is Democrat-Republican, black-white, in terms of our workforce. Can we real complicated business, from a gov- male-female, old-young. Lifting a tur- make those better? Yes, of course we ernment standpoint, they came in and key? Lifting a turkey all day every day can make them better. It is pretty told her that she would need to have a may present a problem. Women can lift clear to me that the small businesses smoking and a nonsmoking car for her babies, all women have lifted babies and large businesses of America are smoking and nonsmoking employees to forever; but maybe that is the problem working on that, but we are not going deliver packages to smoking and non- they have currently as a result of doing to help them at all if we pass this rule. smoking businesses. She said, ‘‘Guys, I the repetitive motion. Let us get rid of a bad rule. For once only have two cars. I can figure this We are Dorothy, not the Wizard. let us say a Federal agency has written out in Savannah, Georgia. Why don’t Mr. HALL of Ohio. Mr. Speaker, I a bad rule and a bad regulation that you all go back to Washington and yield 1 minute to the gentlewoman will not solve the problem and let us solve real problems. Get a real life.’’ from Minnesota (Ms. MCCOLLUM). try to relook at that and see if in fact All this is about is common sense. We Ms. MCCOLLUM. Mr. Speaker, I rise we can help the workforce. are not pulling out the rug on workers’ in opposition to the rule and the reso- Mr. HALL of Ohio. Mr. Speaker, I safety. This is saying there is still lution. yield 1 minute to the gentleman from going to be Federal worker-protection I came to Congress to represent the California (Mr. BACA). laws. There will still be State worker- working men and women of Min- (Mr. BACA asked and was given per- protection laws. There will be all kinds nesota’s fourth district, and they de- mission to revise and extend his re- of insurance and business premises serve the right to be protected in the marks.) rules and regulations. workplace. I know it is hard for some people to Mr. BACA. Mr. Speaker, I rise b 1145 understand, but there are business against the rule. It is a shameful act owners and entrepreneurs who do not This resolution denies American that is being committed against the want their employees hurt. Hey, what a workers the protection that they need American worker this week. The Re- revolutionary thought for the liberal from needless injuries. Repetitive mo- publicans have decided to strip away party. tion injuries are painful and they are worker safety rules, protections we The fact is the National Academy of crippling. These injuries disproportion- have fought hard for for working fami- Sciences was coming out with rules ately impact women and workers in lies across America. These protections and regulations on ergonomics; but the low wage jobs. The good news is that have been under development for over a Clinton folks, on their way out of these injuries are preventable. My larg- decade. In fact, they were initiated by town, along with pardoning a lot of est employer in the Fourth District, former President Bush. They save people at 2 in the morning, decided, 3M, has reported that following the im- money in the long term by reducing hey, lets jam this through on the small plementation of an ergonomics pro- workplace injuries and keeping work- businesses and the entrepreneurs of gram, they reduced lost time injuries ers’ compensation costs down. Many America on the way out of town, and by 58 percent. businesses have already adopted pro- let the next administration try to The fact that the voices of millions grams to reduce injuries. But oppo- make sense of it. of American workers have been re- nents have repeatedly tried to block That is all this legislation does. It stricted to 1 hour of debate is also an these protections. As a result, over 6 lets the current administration try to insult. This procedure not only repeals million workers have suffered injuries make some sense, some common sense, the ergonomic rule but will effectively that could have been prevented. This out of another bureaucratic nightmare prohibit OSHA from issuing workplace affects everybody, nurses, construction out of Washington, D.C. safety standards on this issue. That is workers, white collar workers. This is Mr. HALL of Ohio. Mr. Speaker, can the legacy of this resolution. As a re- an attack on the American worker. We the Chair tell me how much time we sult, millions of Americans will be should oppose this cowardly effort. have remaining? needlessly injured. Mr. HALL of Ohio. Mr. Speaker, I The SPEAKER pro tempore (Mr. Mr. LINDER. Mr. Speaker, I yield 2 yield 3 minutes to the gentleman from SIMPSON). The gentleman from Ohio minutes to the gentleman from Geor- New York (Mr. OWENS). (Mr. HALL) has 131⁄2 minutes remaining, gia (Mr. NORWOOD). Mr. OWENS. Mr. Speaker, I rise in and the gentleman from Georgia (Mr. Mr. NORWOOD. Mr. Speaker, the pre- opposition to the rule and to the effort LINDER) has 8 minutes remaining. vious speaker from the Democratic to repeal the ergonomics standard. As Mr. HALL of Ohio. Mr. Speaker, I side made the point very nicely that if the ranking Democrat on the Sub- yield 1 minute to the gentlewoman you will not have onerous rules, the committee on Workforce Protections, I from Ohio (Mrs. JONES). workforce today, the employers today have followed this deliberation for the Mrs. JONES of Ohio. Mr. Speaker, I recognize the value of having work- last 5 years. I have in my hand a chro- thank the gentleman for yielding me force protections, and they have in- nology which shows it has gone on for this time, and to the previous speaker deed. There is no question about it. 10 years. We have been considering I would say, I am not the Wizard of Oz, Left alone, they have reduced repet- what we should do about ergonomics. H664 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Reasonable people, reasonable legisla- Labor Elizabeth Dole commits the Labor De- July 1996—The House of Representatives tors, scientists, we have all been in- partment to ‘‘taking the most effective steps approves the Pelosi amendment to H.R. 3755 volved in this since August of 1990. At necessary to address the problem of ergo- stripping the ergonomics rider from the nomic hazards on an industry-wide basis’’ measure. The vote was 216–205. Ergonomic that time the Republican Secretary of and to begin rulemaking on an ergonomics opponents vow to reattach the rider in the Labor, Elizabeth Dole, committed her- standard. According to Secretary Dole, there Senate or on a continuing resolution. self to taking the most effective steps was sufficient scientific evidence to proceed February 1997—Rep. Henry Bonilla (R–TX) necessary to address the problem of to address ‘‘one of the nation’s most debili- circulates a draft rider which would prohibit ergonomic hazards on an industrywide tating across-the-board worker safety and OSHA from issuing an ergonomics proposal basis and to begin rulemaking on an health illnesses of the 1990’s.’’ until the National Academy of Sciences com- ergonomics standard. Secretary Dole July 1991—The AFL–CIO and 30 affiliated pletes a study on the scientific basis for an unions petition OSHA to issue an emergency ergonomics standard. The rider, supported said this is ‘‘one of the Nation’s most temporary standard on ergonomics. Sec- by the new coalition, is criticized as a fur- debilitating across-the-board worker retary of Labor Lynn Martin declines to ther delay tactic. safety and health illnesses of the issue an emergency standard, but commits —During a hearing on the proposed FY 1998 1990s.’’ the agency to developing and issuing a budget for the National Institute for Occupa- The present Republican majority standard using normal rulemaking proce- tional Safety and Health, Rep. Bonilla ques- committed themselves to complying dures. tions Centers for Disease Control head David with the results of a study. We get one June 1992—OSHA, under acting Assistant- Satcher on the scientific underpinnings for Secretary Dorothy Strunk, issues an Ad- an ergonomics standard. Bonilla submits study and then they want another. I vanced Notice of Proposed Rulemaking on more than 100 questions on ergonomics to think we appropriated about a million ergonomics. Satcher. dollars for the last study requested by January 1993—The Clinton Administration April 1997—Rep. Bonilla raises questions the Republican majority. Now we are makes the promulgation of an ergonomics about OSHA’s plans for an ergonomics stand- engaged in a process which says we are standard a regulatory priority. OSHA com- ard during a hearing on the agency’s pro- not interested in reason, logic, science, mits to issuing a proposed rule for public posed FY 1998 budget. comment by September 30, 1994. July 1997—NIOSH releases its report Mus- we are going to use brute political March 1995—The House passes its FY 1995 culoskeletal Disorders and Workplace Fac- force. As Newt Gingrich says, politics rescission bill that prohibits OSHA from de- tors. Over 600 studies were reviewed. NIOSH is war without blood. We have the veloping or promulgating a proposed rule on concludes that ‘‘a large body of credible epi- numbers, we have an army of business ergonomics. Industry members of the Coali- demiological research exists that shows a lobbyists behind us, and we are just tion on Ergonomics lobbied heavily for the consistent relationship between MSDs and going to overwhelm the Congress and measure. Industry ally and outspoken critic certain physical factors, especially at higher make a decision which is inhumane and of government regulation, Rep. Tom DeLay exposure levels.’’ (R–TX), acts as the principal advocate of the —California’s ergonomics regulation is ini- an unwise decision. measure. tially adopted by the Cal/OSHA Standard A 10-year process ended in January of —OSHA circulates draft ergonomics stand- Board, approved by the Office of Administra- this year when the ergonomics stand- ard and begins holding stakeholders’ meet- tive Law, and becomes effective. (July 3) ard was issued. In the same month, the ings to seek comment and input prior to October 1997—A California superior court results of a study was released and the issuing a proposed rule. judge rules in the AFL–CIO’s favor and scientists said again, in its second re- June 1995—President Clinton vetoes the re- struck down the most objectionable provi- scission measure. sions of the CA ergonomics standard. port in 3 years on musculoskeletal dis- July 1995—Outspoken critic of government November 1997—Congress prohibits OSHA orders, the report confirms that mus- regulation Rep. David McIntosh (R–IN) holds from spending any of its FY 1998 budget to culoskeletal disorders are caused by oversight hearings on OSHA’s ergonomics promulgate or issue a proposed or final workplace exposures to risk factors, in- standard. National Coalition on Ergonomics ergonomics standard or guidelines, with an cluding heavy lifting, repetition, force members testify. By the end of the hearing, agreement that FY 1998 would be the last and vibration and that interventions McIntosh acknowledges that the problem year any restriction on ergonomics would be incorporating elements of OSHA’s must be addressed, particularly in high risk imposed. industries. May 1998—At the request of Rep. Bonilla ergonomics standard have been proven —Compromise rescission bill signed into and Rep. Livingston, The National Academy to protect workers from ergonomic law; prohibits OSHA from issuing, but not of Sciences (NAS) receives $490,000 from the hazards. from working on, an ergonomics standard. National Institutes of Health (NIH) to con- I have copies of this chronology for Subsequent continuing resolution passed by duct a review of the scientific evidence on all people who have forgotten, espe- Congress continues the prohibition. the work-relatedness of musculoskeletal dis- cially those members of the Committee August 1995—Following intense industry orders and to prepare a report for delivery to on Education and the Workforce. What lobbying, the House passes a FY 1996 appro- NIH and Congress by September 30, 1998. priations bill that would prohibit OSHA from August 1998—NAS brings together more we are experiencing today is the begin- issuing, or developing, a standard or guide- than 65 of the leading national and inter- ning of warfare on a large scale which lines on ergonomics. The bill even prohibits national scientific and medical experts on has a psychological significance. It is OSHA from requiring employers to record MSDs and ergonomics for a two day meeting very strategic. After we roll over ergonomic-related injuries and illnesses. The to review the scientific evidence for the ergonomics, it is going to be Davis-Ba- Senate refuses to go along with such lan- work relatedness of the disorders and to as- con’s prevailing wage act. It is going to guage. sess whether workplace interventions were be onward marching toward the elimi- November 1995—OSHA issues its 1996 regu- effective in reducing ergonomic hazards. October 1998—NAS releases its report nation of any consideration of any latory agenda which does not include any dates for the issuance of an ergonomics pro- Work-Related Musculoskeletal Disorders: A minimum wage from now until this ad- posal. Review of the Evidence. The NAS panel finds ministration goes out of power. December 1995—Bureau of Labor Statistics that scientific evidence shows that work- This is war. It is war on the working (BLS) releases 1994 Annual Survey of Injuries place ergonomic factors cause musculo- families of America. You are declaring and Illnesses which shows that the number skeletal disorders. war. The working families of America and rate of disorders associated with re- —Left as one of the last issues on the table need to understand this. The only way peated trauma continues to increase. because of its contentiousness, in its massive April 1996—House and Senate conferees Omnibus spending bill Congress appropriates this war is going to be won is to let it agree on a FY 1996 appropriation for OSHA $890,000 in the FY 1999 budget for another be understood that the overwhelming that contains a rider prohibiting the agency NAS study on ergonomics. The bill, however, power that appears to be in place for from issuing a standard or guidelines on freed OSHA from a prohibition on the rule- the Republicans in Washington at this ergonomics. The compromise agreement does making that began in 1994. This point was point will not be utilized to wipe out permit OSHA to collect information on the emphasized by a letter to Secretary of Labor all the gains we have made over the need for a standard. Alexis Herman from then Chair of the Appro- years for working families. June 1996—The House Appropriations Com- priations Committee Rep. Livingston and Mr. Speaker, I include the following mittee passes a 1997 funding measure (H.R. Ranking member Rep. Obey expressly stat- 3755) that includes a rider prohibiting OSHA ing that the study was not intended to block material for the RECORD: from issuing a standard or guidelines on or delay OSHA from moving forward with its CHRONOLOGY OF OSHA’S ERGONOMICS ergonomics. The rider also prohibits OSHA ergonomics standard. STANDARD from collecting data on the extent of such December 1998—Bureau of Labor Statistics August 1990—In response to statistics indi- injuries and, for all intents and purposes, (BLS) releases 1997 Annual Survey of Injuries cating that RSIs are the fastest growing cat- prohibits OSHA from doing any work on the and Illnesses which shows that disorders as- egory of occupational illnesses, Secretary of issue of ergonomics. sociated with repeated trauma continue to March 7, 2001 CONGRESSIONAL RECORD — HOUSE H665 make up nearly two-thirds of all illness cases priations bill on the House floor fails on a to make sure that our workplace is and musculoskeletal disorders continue to vote of 203–220. healthy and is safe. account for one-third of all lost-workday in- —The Senate adopts an amendment to the Mr. OWENS. Mr. Speaker, will the juries and illnesses. FY 2001 Labor-HHS bill to prohibit OSHA gentleman yield? February 1999—OSHA releases its draft from issuing the ergonomics rule for another proposed ergonomics standard and it is sent year by a vote of 57–41. Mr. NORWOOD. I yield to the gen- for review by small business groups under —President Clinton promises to veto the tleman from New York. the Small Business Regulatory and Enforce- Labor-HHS bill passed by the Senate and the Mr. OWENS. Mr. Speaker, would the ment Fairness Act (SBREFA). House stating, ‘‘I am deeply disappointed gentleman like a new study? March 1999—Rep. Blunt (R–MO) introduces that the Senate chose to follow the House’s Mr. NORWOOD. I just quoted right H.R. 987, a bill which would prohibit OHSA imprudent action to block the Department of out of the new study. from issuing a final ergonomics standard Labor’s standard to protect our nation’s Mr. OWENS. Would he like another until NAS completes its second ergonomics workers from ergonomic injuries. After more study? Or does he want to repeal it for- study (24 months). than a decade of experience and scientific ever and ever? This is off the table for- April 1999—The Small Business Review study, and millions of unnecessary injuries, Panel submits its report on OSHA’s draft it is clearly time to finalize this standard.’’ ever? proposed ergonomics standard to Assistant October 2000—Republican negotiators agree Mr. NORWOOD. Mr. Speaker, re- Secretary Jeffress. to a compromise that would have permitted claiming my time, I am glad the gen- May 1999—The second NAS panel on Mus- OSHA to issue the final rule, but would have tleman asked that because what we are culoskeletal Disorders and the Workplace delayed enforcement and compliance re- basically saying is the Labor Depart- holds its first meeting on May 10–11 in Wash- quirements until June 1, 2001. Despite the ment last year issued a bad rule. We ington, DC. agreement on this compromise, Republican want the opportunity for the Secretary —Senator Kit Bond (R–MO) introduces leg- Congressional leaders, acting at the behest of Labor and the Bush administration islation (S. 1070) that would block OSHA of the business community, override their from moving forward with its ergonomics negotiators and refuse to stand by the agree- to look at this and issue a good rule standard until 30 days after the NAS report ment. that in the end does help patients and is released to Congress. November 2000—On November 14, OSHA does help workers in the workplace. —House Subcommittee on Workforce Pro- issues the final ergonomics standard. Mr. OWENS. Mr. Speaker, does that tections holds mark-up on H.R. 987 and re- —In an effort to overturn the ergonomics mean that the gentleman does not ports out the bill along party line vote to standard several business groups file peti- agree with what the Senate passed? forward it to Full Committee. tions for review of the rule. Unions file peti- Mr. HALL of Ohio. Mr. Speaker, I June 1999—House Committee on Education tions for review in an effort to strengthen yield 3 minutes to the gentlewoman and the Workforce holds mark-up on H.R. 987 the standard. and reports out the bill in a 23–18 vote. December 2000—House and Senate adopt from Texas (Ms. JACKSON-LEE). August 1999—House votes 217–209 to pass Labor-Health and Human Services funding (Ms. JACKSON-LEE of Texas asked H.R. 987, preventing OSHA from issuing an bill. The bill does not include a rider affect- and was given permission to revise and ergonomics standard for at least 18 months ing the ergonomics standard. extend her remarks.) until NAS completes its study. January 2001—Ergonomics standard takes Ms. JACKSON-LEE of Texas. Mr. October 1999—Senator Bond offers an effect January 16. Speaker, I thank the distinguished gen- amendment to the LHHS appropriations bill —NAS releases its second report in three tleman from Ohio of the Committee on which would prohibit OSHA from issuing an years on musculoskeletal disorders and the ergonomics standard during FY 2000. The Rules for yielding me this time. I hope workplace. The report confirms that mus- my words will carry forth through the amendment is withdrawn after it becomes culoskeletal disorders are caused by work- apparent that Democrats are set to filibuster place exposures to risk factors including general debate, and I hope that they the amendment. heavy lifting, repetition, force and vibration will be listened to and that my col- —The California Court of Appeals upholds and that interventions incorporating ele- leagues will come to their senses and the ergonomics standard—the first in the na- ments of OSHA’s ergonomics standard have realize that we are not paid by the tax tion—which covers all California workers. been proven to protect workers from ergo- dollars of the American people to kneel November 1999—Washington State Depart- nomic hazards. ment of Labor and Industries issues a pro- on bended knee to financial interests posed ergonomics regulation on November 15 Mr. LINDER. Mr. Speaker, I was pre- who pay us to write their legislation. to help employers reduce ergonomic hazards pared to respond to that, but I was Members can sense from my words that cripple and injure workers. afraid I would laugh so hard I would that I am particularly outraged that —Federal OSHA issues the proposed hurt myself. worker safety rules will fall today in ergonomics standard on November 22. Writ- Mr. Speaker, I yield 2 minutes to the the United States Congress. I am not ten comments will be taken until February gentleman from Georgia (Mr. NOR- only outraged but I am saddened. It 1, 2000. Public hearings will be held in Feb- WOOD). brings me to near tears that we are so ruary, March, and April. February 2000—OSHA extends the period Mr. NORWOOD. Mr. Speaker, since engaged with responding to special for submitting written comments and testi- supposedly Republicans are not inter- business interests that we cannot ac- mony until March 2. Public hearings are re- ested in reason or science, one might cept the fact that 600,000 workers have scheduled to begin March 13 in Washington, conclude that we have not read the suffered injury from repetitive motion DC followed by public hearings in Chicago, study done by the National Academy of and heavy lifting. I say this in pain be- IL and Portland, OR in April and May. Sciences and maybe others have not, cause I watched my father, just a la- March 2000—OSHA commences 9 weeks of either. Let me just give my colleagues borer, work for a great part of his life, public hearings on proposed ergonomics one little quote out of that study: standard. like most Americans, using a heavy May 2000—OSHA concludes public hearings ‘‘None of the common musculoskeletal pressing iron, up and down and up and on proposed ergonomics standard. More than disorders is uniquely caused by work down, to be able to afford a good life at one thousand witnesses testified at the 9 exposure.’’ The study notes that non- that time in our economy for his fam- weeks of public hearings held in Washington, work factors can cause MSD, also, ily. As a young person, I worked in the DC, Chicago, Illinois, and Portland, Oregon. which is why we believe this particular United States Postal Service. I am the due date for post hearing comments is rule and regulation, this particular very proud of that. I did the kind of set for June 26; and the due date for post standard, should be opposed. work that men and women are doing hearing briefs is set for August 10. —The House Appropriations Committee I would like to point out that though every day in this country, up and down adopts on a party line vote a rider to the FY President Bush and Secretary Dole did and up and down and moving one’s 2001 Labor-HHS funding bill (H.R. 4577) that bring to the forefront the discussion of arm. It is a kind of injury that you prohibits OSHA from moving forward on any workplace injuries and repetitive mo- cannot see. The person looks perfectly proposed or final ergonomics standard. The tion syndrome, none of them approve fine, but the pain is severe. rider was adopted despite a commitment of how we got there with this rule. This Today this rule disallows us to even made by the Committee in the FY 1998 fund- is a bad set of rules and regulations add amendments to suggest that it is ing bill to ‘‘refrain from any further restric- that will only worsen the problem, not appropriate that we move forward with tions with regard to the development, pro- mulgation or issuance of an ergonomics make it better. Today let us disapprove the OSHA rules which protects these standard following fiscal year 1998.’’ of the work that the Labor Department workers all over America, waitresses June 2000—An amendment to strip the ergo did over the last 8 years, because it will and bus drivers and factory workers rider from the FY 2001 Labor-HHS Appro- not do what we all want to do, which is and small business workers who time H666 CONGRESSIONAL RECORD — HOUSE March 7, 2001 after time are injured and we cannot cart in a grocery store; pain so bad she years ago, they would never have come solve their problem. cannot even hug her children without up with these rules. I wonder what my good friend is ask- feeling that terrible hurt all over If these rules were so simple and ing for when he says he needs a study. again. straightforward, why were they not The January 2001 National Academy of The National Academy of Sciences brought forth during the legislative Sciences study once again concluded tells us workplace injuries like Shir- session? Why were they dropped on the that there is abundant scientific evi- ley’s are now so widespread that they table after the election when no Con- dence demonstrating that repetitive cost our economy more than $20 billion gress was in session? workplace motion can cause injuries a year, $20 billion a year. I am amazed they had time to do it and that such injuries can be prevented We have 1.8 million workers affected when they were walking out the door through work safety intervention. Did by an injury every year in this coun- with the furniture and the silverware, we not just hear Seattle, Washington, try. Over this 10-year period of study, but they dropped it on the table to be- say thank you for the instructions that we could have prevented 4.6 million come effective 2 days before a new you gave us on how to secure our build- workers from having to go through President was sworn in. ings against earthquakes? You saved what Shirley went through. They are not in effect now. They do lives. Now, Mr. Speaker, smart businesses not go into effect until October. So we But yet on the floor of this House we are working to reduce the risk of work- are not taking away something that are so committed to the rich interests place injuries but not every employer they already have. We have heard all of people who are saying it is going to is smart and not every employer cares kinds of things about numbers. cost us too much that the lives of about his or her employees. That is One person said it is going to cost $20 working Americans, it pains me, it why the Republican Secretary of billion a year and another $50 billion a hurts my heart, are of disinterest. But Labor, Elizabeth Dole, launched an ef- year. Documents show about $6 billion yet we can come on the floor tomorrow fort that led to these very rules that a year. But nobody has mentioned the and talk about returning tax dollars to we are considering and are in place and $125-billion-a-year cost on businesses. the great Americans of this Nation. are law today; and that was 10 years Nobody has concerned themselves with But it is hardworking Americans today ago. reshaping the workforce. that we just step on. I believe it is an More than six million workers have I do not doubt that repetitive motion outrage. As a member of the House suffered serious injury since; and many causes injuries. I do not dispute the Committee on Science, I have never of them, as I said, could have been pre- 600,000 people number. But should we heard anybody question the National vented. create an additional workers’ com- Academy of Sciences. Give us a study. Now, I want my colleagues to think pensation program on top of the We will take a study. These rules have about that when they vote today. I States’ programs for just these kinds of been coming for 25 years. Today we want them to think about the price injuries? Are they worse injuries than crush them in the name of my father that Shirley Mack and her brothers someone who loses an arm or a leg on and all Americans. This is a disgrace. and sisters who work in that chicken their job? Vote against the rule and vote plant and pull out those bones and feed Right now, a typical workers’ com- against this legislation. It is a dis- them into the skinner time after time, pensation package for businesses lasts grace. repetitively doing that, try to do this only 3 years and is rotated out because Mr. HALL of Ohio. Mr. Speaker, I for more than 5 or 10 minutes in a day. it is very expensive. Are we prepared yield the balance of my time to the I want them to think about other here with these regulations to double gentleman from Michigan (Mr. working mothers who cannot even use that cost on our employees and em- BONIOR), our leader, the minority whip. their hands and their arms to lift their ployers over the next few years? Mr. BONIOR. Mr. Speaker, I thank crying babies out of their crib. When Should we allow rules that presume in- my dear colleague the gentleman from they are thought about, I want my col- juries are work related? If the em- Ohio (Mr. HALL) for yielding me this leagues to ask themselves, who is going ployer wants to find out if it is truly time. to comfort those mothers and those work related, should we not question a Mr. Speaker, let me take a moment children? Because I can say, it will not rule that says it is against the law for to tell my colleagues about a woman be the Business Roundtable and it will the employer to talk to the doctor by the name of Shirley Mack. Shirley not be the Chamber of Commerce and about the work-related connection to is the mother of four and she is some- it will not be the National Association even determine? Should we demand a one who is proud of the fact that she of Manufacturers and it will not be the workplace design based on the claim of has always worked to support her chil- Republican leadership and it will not one person, with one injury that may dren. That is why she took a job at a be this President. or may not have been workplace re- poultry plant. Shirley’s job was to pull Mr. Speaker, this is the most impor- lated? chicken bones out with her hands and tant worker-safety rule that we have We are saying that common sense then feed them into a skinner machine. had on the floor of this House in dec- ought to prevail. If we carried this rul- She did this repetitively, hour after ades. It means a lot to a lot of people. ing to its ultimate conclusion, the hour, day after day, month after It means a lot to the people who work Coca-Cola truck driver would be bring- month, year after year. Before long, with their hands, who work with their ing the Coke bottles into the store one Shirley began suffering some very in- back, who make this country work bottle at a time. Who is going to pay tense pain in her arm and in her wrist. every single day. For us to go back on for that? The consumer, of course, will The company gave her some pills and these rules, to cast them aside, to ig- ultimately pay for all of this. sent her back to the line. The pills did nore them as if they were a piece of We are saying get these egregious, not help her. chicken is to do injustice to the people overreaching rules off the table and let that make this country work. I beg my an administration with just as much b 1200 colleagues today to vote to retain care about worker safety as anyone Finally, Shirley saw a trained physi- these rules, to vote against this else on this floor today impose some cian and found out her problem had a present rule and to give a sense of jus- rules that would be helpful and not name. It was called carpal tunnel syn- tice and dignity back to the working hurtful, and let us at least admit one drome. Her boss reassigned Shirley to people who make America work. thing. Workplace safety today, based do cleanup work; and then 3 days later, Mr. LINDER. Mr. Speaker, I yield on the initiatives of the employers, they fired her. This is not an uncom- myself such time as I may consume. without some bureaucrat telling them mon story to hear of a worker in a Mr. Speaker, I would just like to how to live their lives, is safer than it poultry plant. clear up a couple of things that have has ever been at any time in the his- The company took away Shirley’s been said. These rules that have been tory of this great country. They have job, but they never took away her pain; put in force are not Mr. Bush’s rules. done it because it is in their best inter- pain that was so bad she cannot fix Although they had the good sense to est. It is in their financial interest to supper or she cannot push a grocery begin worrying about ergonomics 10 improve the workplace safety because March 7, 2001 CONGRESSIONAL RECORD — HOUSE H667 it costs them money to have days out Pickering Schrock Terry b 1232 Pitts Sensenbrenner Thomas of work. Platts Sessions Thornberry Ms. BERKELEY and Mr. HONDA It is my guess that there is not a sin- Pombo Shadegg Thune changed their vote from ‘‘yea’’ to gle agency of the Federal Government Portman Shaw Tiahrt ‘‘nay.’’ that has workplace safety as safe, with Pryce (OH) Shays Tiberi Putnam Sherwood Toomey Mr. BOYD, Mr. LUCAS of Kentucky as few days lost, as virtually any major Quinn Shimkus Traficant and Mr. SANDLIN changed their vote corporation in the United States; and Radanovich Simmons Turner from ‘‘present’’ to ‘‘nay.’’ yet these are not going to be promul- Ramstad Simpson Upton Regula Skeen Vitter Mr. CARSON of Oklahoma and Mr. gated for this Federal Government. Rehberg Smith (MI) Walden TURNER changed their vote from They are not going to be watched over. Reynolds Smith (NJ) Wamp ‘‘present’’ to ‘‘yea.’’ Let us take the time to take this rule Riley Smith (TX) Watkins So the resolution was agreed to. off the table, give a new Secretary of Rogers (KY) Souder Watts (OK) Rogers (MI) Spence Weldon (FL) The result of the vote was announced Labor an opportunity to do the right Rohrabacher Stearns Weldon (PA) as above recorded. thing with common sense. Ros-Lehtinen Stump Weller A motion to reconsider was laid on Mr. Speaker, I yield back the balance Royce Sununu Whitfield Ryan (WI) Sweeney Wicker the table. of my time, and I move the previous Ryun (KS) Tancredo Wilson f question on the resolution. Saxton Tauzin Wolf The previous question was ordered. Scarborough Taylor (MS) Young (AK) PROVIDING FOR CONSIDERATION The SPEAKER pro tempore (Mr. Schaffer Taylor (NC) Young (FL) OF MOTIONS TO SUSPEND THE RULES SIMPSON). The question is on the reso- NAYS—198 lution. Abercrombie Hill Murtha Mrs. MYRICK. Mr. Speaker, by direc- The question was taken; and the Allen Hilliard Nadler tion of the Committee on Rules, I call Speaker pro tempore announced that Andrews Hinchey Napolitano up House Resolution 78 and ask for its Baca Hinojosa Neal the ayes appeared to have it. Baird Hoeffel Oberstar immediate consideration. Mr. HALL of Ohio. Mr. Speaker, I ob- Baldacci Holden Obey The Clerk read the resolution, as fol- ject to the vote on the ground that a Baldwin Holt Olver lows: quorum is not present and make the Barcia Honda Ortiz Barrett Hooley Owens H. RES. 78 point of order that a quorum is not Bentsen Hoyer Pallone Resolved, That it shall be in order at any present. Berkley Inslee Pascrell time on the legislative day of Wednesday, The SPEAKER pro tempore. Evi- Berman Israel Pastor March 7, 2001, for the Speaker to entertain Berry Jackson (IL) Payne motions that the House suspend the rules re- dently a quorum is not present. Blagojevich Jackson-Lee Pelosi The Sergeant at Arms will notify ab- Blumenauer (TX) Peterson (MN) lating to the following measures: sent Members. Bonior Jefferson Phelps (1) The concurrent resolution (H. Con. Res. 31) expressing the sense of the Congress re- The vote was taken by electronic de- Borski John Pomeroy Boswell Johnson, E. B. Price (NC) garding the importance of organ, tissue, vice, and there were—yeas 222, nays Boucher Jones (OH) Rahall bone marrow, and blood donation and sup- 198, not voting 12, as follows: Boyd Kanjorski Rangel porting National Donor Day; [Roll No. 29] Brady (PA) Kaptur Reyes (2) The bill (H.R. 624) to amend the Public Brown (FL) Kennedy (RI) Rivers YEAS—222 Brown (OH) Kildee Rodriguez Health Service Act to promote organ dona- Capps Kilpatrick Roemer tion; and Aderholt Doolittle Isakson (3) The concurrent resolution (H. Con. Res. Akin Dreier Issa Capuano Kind (WI) Ross Armey Duncan Istook Cardin Kleczka Rothman 47) honoring the 21 members of the National Bachus Dunn Jenkins Carson (IN) Kucinich Roybal-Allard Guard who were killed in the crash of a Na- Baker Ehlers Johnson (CT) Clay LaFalce Rush tional Guard aircraft on March 3, 2001, in Ballenger Ehrlich Johnson (IL) Clayton Lampson Sabo south-central Georgia. Barr Emerson Johnson, Sam Clement Langevin Sanchez Bartlett English Jones (NC) Clyburn Lantos Sandlin The SPEAKER pro tempore (Mr. Barton Everett Keller Condit Larsen (WA) Sawyer SIMPSON). The gentlewoman from Conyers Larson (CT) Schakowsky Bass Ferguson Kelly YRICK Costello Lee Schiff North Carolina (Mrs. M ) is recog- Bereuter Flake Kennedy (MN) nized for 1 hour. Biggert Fletcher Kerns Coyne Levin Scott Bilirakis Foley King (NY) Cramer Lewis (GA) Serrano Mrs. MYRICK. Mr. Speaker, for the Blunt Fossella Kingston Crowley Lipinski Sherman purpose of debate only, I yield the cus- Boehlert Frelinghuysen Kirk Cummings Lofgren Sisisky tomary 30 minutes to the gentleman Boehner Gallegly Knollenberg Davis (CA) Lowey Skelton Bonilla Ganske Kolbe Davis (FL) Lucas (KY) Slaughter from Texas (Mr. FROST) pending which Bono Gekas LaHood Davis (IL) Luther Smith (WA) I yield myself such time as I may con- Brady (TX) Gibbons Largent DeFazio Maloney (CT) Snyder sume. During consideration of this res- DeGette Maloney (NY) Solis Brown (SC) Gilchrest Latham olution, all time yielded is for the pur- Bryant Gillmor LaTourette Delahunt Markey Spratt Burr Gilman Leach DeLauro Mascara Stark pose of debate only. Burton Goode Lewis (KY) Deutsch Matheson Stenholm Yesterday, the Committee on Rules Buyer Goodlatte Linder Doggett Matsui Strickland met and passed this resolution, pro- Callahan Goss LoBiondo Dooley McCarthy (MO) Tanner Calvert Graham Lucas (OK) Doyle McCarthy (NY) Tauscher viding that it shall be in order at any Camp Granger Manzullo Engel McCollum Thompson (CA) time on the legislative day of Wednes- Cannon Graves McCrery Eshoo McDermott Thompson (MS) day, March 7, for the Speaker to enter- Etheridge McGovern Thurman Cantor Green (WI) McHugh tain motions to suspend the rules re- Capito Greenwood McInnis Evans McIntyre Tierney Carson (OK) Grucci McKeon Farr McKinney Towns lating to the following measures: The Castle Gutknecht Mica Fattah McNulty Udall (CO) concurrent resolution, H. Con. Res. 31, Chabot Hall (TX) Miller (FL) Filner Meehan Udall (NM) expressing the sense of Congress re- Chambliss Hansen Miller, Gary Ford Meek (FL) Velazquez Coble Hart Moran (KS) Frank Meeks (NY) Visclosky garding the importance of organ, tis- Collins Hastings (WA) Morella Frost Menendez Waters sue, bone marrow and blood donations Combest Hayes Myrick Gephardt Millender- Watt (NC) and supporting National Donor Day; Gonzalez McDonald Waxman Cooksey Hayworth Nethercutt the bill, H.R. 624, to amend the Public Cox Hefley Ney Gordon Miller, George Weiner Crane Herger Northup Green (TX) Mink Wexler Health Service Act to promote organ Crenshaw Hilleary Norwood Gutierrez Moakley Woolsey donation; and the concurrent resolu- Cubin Hobson Nussle Hall (OH) Mollohan Wu tion, H. Con. Res. 47, honoring the 21 Culberson Hoekstra Osborne Harman Moore Wynn Cunningham Horn Ose Hastings (FL) Moran (VA) members of the National Guard who Davis, Jo Ann Hostettler Otter were killed in the crash of a National NOT VOTING—12 Davis, Tom Houghton Oxley Guard aircraft on March 3, 2001 in Deal Hulshof Paul Ackerman Dingell Sanders south-central Georgia. DeLay Hunter Pence Becerra Edwards Shows DeMint Hutchinson Peterson (PA) Bishop Lewis (CA) Stupak Mr. Speaker, this resolution allows Diaz-Balart Hyde Petri Dicks Roukema Walsh us to consider three important bills H668 CONGRESSIONAL RECORD — HOUSE March 7, 2001 today under the expedited suspension lines in place to help the Members of EXPRESSING SENSE OF CONGRESS procedure. this body determine which priorities REGARDING IMPORTANCE OF I must stress we have had several are more important. ORGAN, TISSUE, BONE MARROW days to examine these bills, and they Is it cutting taxes a lot, some or not AND BLOOD DONATION AND SUP- have been on the floor schedule for at all? Is it paying down the national PORTING NATIONAL DONOR DAY some time and they are noncontrover- debt, which, I remind my colleagues, is Mr. BILIRAKIS. Mr. Speaker, I move sial. They are also important pieces of a debt that is collectively owed by all to suspend the rules and agree to the legislation. the people of our great Nation? concurrent resolution (H. Con. Res. 31) We recently celebrated National Is it funding education, improving expressing the sense of the Congress re- Donor Day to encourage people to be- our schools, reducing class size or fund- garding the importance of organ, tis- come organ donors. Today we will pass ing new teachers? Is it providing a real sue, bone marrow, and blood donation legislation to promote National Donor Medicare prescription drug benefit for and supporting National Donor Day. Day and help States organize their our seniors, shoring up Social Security The Clerk read as follows: organ donor programs. and Medicare or improving our na- H. CON. RES. 31 We will also honor, unfortunately, 21 tional defense forces? No one knows Whereas more than 70,000 individuals await members of the National Guard who the answer to those questions, Mr. organ transplants at any given moment; died last week in the line of duty. Speaker. Whereas another man, woman, or child is Mr. Speaker, I strongly support this Democrats in this House are very added to the national organ transplant wait- rule and urge my colleagues to do the concerned that the Republican major- ing list every 20 minutes; same. By passing this rule, we will im- ity seems to not be concerned in the Whereas despite the progress in the last 15 prove organ donation programs and least that we are blindly proceeding years, more than 15 people per day die be- hopefully save some more lives. cause of a shortage of donor organs; down a path we have been on once be- Whereas almost everyone is a potential Mr. Speaker, I reserve the balance of fore. organ, tissue, and blood donor; my time. Mr. Speaker, I would just remind my Whereas transplantation has become an Mr. FROST. Mr. Speaker, I yield my- colleagues, most of whom were not element of mainstream medicine that pro- self such time as I may consume. Members when we last considered a tax longs and enhances life; Mr. Speaker, Democrats have no ob- cut of these proportions, of the old Whereas for the fourth consecutive year, a jection to this rule, which will allow adage, the definition of insanity is re- coalition of health organizations is joining the consideration of three bills under peating the same actions and expecting forces for National Donor Day; Whereas the first three National Donor suspension today. Those bills include a different results. There are many of us concurrent resolution honoring the 21 Days raised a total of nearly 25,000 units of here who fear we will see the same re- blood, added over 4,000 potential donors to members of the Virginia National sults as we saw after the passage of the the National Marrow Donor Program Reg- Guard who were killed in a plane crash 1981 tax bill. istry, and distributed tens of thousands of on March 3. I know firsthand how im- Mr. Speaker, I support this rule, but organ and tissue pledge cards; portant the National Guard is to our Democrats on the Committee on Rules Whereas National Donor Day is America’s national defense, and the tragic and and in the Caucus at large want to go largest one-day organ, tissue, bone marrow, untimely death of these fine Americans on notice right now that we believe it and blood donation event; and Whereas a number of businesses, founda- is tribute to the dedication and selfless is imperative, if we are not to proceed service so many Americans make each tions, health organizations, and the Depart- in regular order in this body, that our ment of Health and Human Services have year through their service in the Na- Members be given a chance to be heard. designated February 10, 2001, as National tional Guard. All this talk of bipartisanship is mean- Donor Day: Now, therefore, be it The rule also permits the consider- ingless, Mr. Speaker, if there are no ac- Resolved by the House of Representatives (the ation of measures designed to promote tions behind the words. Senate concurring), That the Congress— organ donation, something Democrats Mr. Speaker, I reserve the balance of (1) supports the goals and ideas of National Donor Day; on the Committee on Rules know about my time. through the brave testimony of our (2) encourages all Americans to learn Mrs. MYRICK. Mr. Speaker, I yield about the importance of organ, tissue, bone ranking member, the gentleman from myself such time as I may consume. marrow, and blood donation and to discuss Massachusetts (Mr. MOAKLEY). Mr. Speaker, I would like to remind such donation with their families and However, Mr. Speaker, I must take a my colleagues that this rule is not friends; and moment to express our grave concerns about a tax cut. (3) requests that the President issue a about what may happen in the Com- Mr. Speaker, I reserve the balance of proclamation calling on the people of the mittee on Rules some time later today. my time. United States to conduct appropriate cere- I am referring to the rule the Com- Mr. FROST. Mr. Speaker, I yield monies, activities, and programs to dem- mittee on Rules may report on the tax onstrate support for organ, tissue, bone mar- back the balance of my time. row, and blood donation. bill and how whether the majority will Mrs. MYRICK. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- deny Democrats of all stripes the op- back the balance of my time, and I ant to the rule, the gentleman from portunity to offer alternatives to the move the previous question on the res- Florida (Mr. BILIRAKIS) and the gen- Republican tax bill. olution. tleman from Ohio (Mr. BROWN) each Mr. Speaker, we must object in the The previous question was ordered. strongest possible terms to any plans will control 20 minutes. The resolution was agreed to. The Chair recognizes the gentleman the majority may have to cut off the A motion to reconsider was laid on from Florida (Mr. BILIRAKIS). ability of Members to offer one or more the table. substitutes to this bill. GENERAL LEAVE f Mr. BILIRAKIS. Mr. Speaker, I ask Mr. Speaker, not only are we going unanimous consent that all Members to consider a tax bill of huge propor- ANNOUNCEMENT BY THE SPEAKER may have 5 legislative days within tion and consequences without the PRO TEMPORE which to revise and extend their re- ability to offer alternatives, we are The SPEAKER pro tempore. Pursu- marks and insert extraneous material ant to clause 8 of rule XX, the Chair going to consider it without the benefit on H. Con. Res. 31. of having debated a budget which announces that he will postpone fur- The SPEAKER pro tempore. Is there would place this tax cut in context ther proceedings today on each motion objection to the request of the gen- with the other matters this govern- to suspend the rules on which a re- tleman from Florida? ment funds. corded vote or the yeas and nays are There was no objection. We are going to consider a tax cut ordered, or on which the vote is ob- Mr. BILIRAKIS. Mr. Speaker, I yield without fully understanding what its jected to under clause 6 of rule XX. myself such time as I may consume. implications are on the rest of the Fed- Any record votes on postponed ques- Mr. Speaker, I urge my colleagues to eral budget. So not only have we not tions will be taken after debate has support H. Con. Res. 31, a resolution re- received a budget from the new Presi- concluded on all motions to suspend garding the importance of organ, tis- dent, we have no congressional guide- the rules. sue, bone marrow and blood donation March 7, 2001 CONGRESSIONAL RECORD — HOUSE H669 and supporting National Donor Day. I woman from Florida (Mrs. THURMAN) cuss the importance of donation with want to commend my colleague, the makes Congress a leader in this aware- their families now in a non-crisis at- gentlewoman from Florida (Mrs. THUR- ness campaign. mosphere so if the question arises, all MAN), for her work on this legislation. Mr. Speaker, I am pleased to be a co- members of the family will remember Mr. Speaker, H. Con. Res. 31 recog- sponsor. having made the decision to give the nizes the critical need for increased Mr. Speaker, I reserve the balance of gift of life. organ donation and acknowledges the my time. Mr. Speaker, this resolution encour- success of past National Donor Days. Mr. BILIRAKIS. Mr. Speaker, I yield ages all Americans to learn about the The resolution expresses congressional such time as she may consume to the importance of organ, tissue, bone mar- support for the goals and ideas of Na- gentlewoman from Maryland (Mrs. row and blood donation and to discuss tional Donor Day, and it encourages all MORELLA). such donations with their families and Americans to learn about the impor- Mrs. MORELLA. Mr. Speaker, I friends. I heartily support it. tance of organ, tissue, bone marrow thank the gentleman from Florida (Mr. and blood donation. BILIRAKIS) for yielding the time to me. Mr. Speaker, I want to just jump I am pleased that the Health and Mr. Speaker, I want to add my strong ahead and stress my strong support for Human Services Secretary, Tommy support to H. Con. Res. 31, a sense of a bill that is coming up, H.R. 624, the Thompson, has recognized the serious the Congress resolution supporting Na- Organ Donation Improvement Act, nature of this growing problem and tional Donor Day. which would direct the Secretary of stated that improving organ donation I want to congratulate the gentle- Health and Human Services to carry is a priority for his first 100 days in of- woman from Florida (Mrs. THURMAN), out a program to educate the public fice. Secretary Thompson has indicated my colleague who introduced this, and with respect to organ donation; in par- that he will focus on ways to signifi- I want to congratulate the gentleman ticular, the need for additional organs cantly increase organ donation in our from Florida (Mr. BILIRAKIS) and the for transplantation. The measure spe- country. gentleman from Ohio (Mr. BROWN), who cifically recognizes the very generous Mr. Speaker, we know that measures brought it forward to the House. contribution made by each living indi- such as the resolution before us will Every family hopes that if one of its vidual who has donated an organ to help the Secretary in his efforts. In ad- members becomes seriously ill, medical save a life. It also acknowledges the ad- dition, we can all participate in efforts science will be able to provide a mir- vances in medical technology that have to promote organ donation in our own acle and restore their loved ones to a enabled transplantation of organs do- communities. By working together to healthy and rewarding life. Medical nated by living individuals to become a increase organ donation, we can help science has been able to do exactly viable treatment option for an increas- save thousands of lives. I urge all Mem- that over the past decade for hundreds ing number of patients. bers to join me in supporting passage of thousands of families with loved I know in this Congress we have had of H. Con. Res. 31. ones suffering from diseases and inju- several Members who have benefited Mr. Speaker, I would like to ac- ries that affect the heart, the kidney, from organ transplants. Mr. Speaker, knowledge the help of the gentleman pancreas, lungs, liver or tissue. with the passage of this legislation from Ohio (Mr. BROWN), my ranking Transplantation of organs and tis- that will follow, this may well be the member, in this resolution. sues has become one of the most re- first day of someone’s life, and let Con- Mr. Speaker, I reserve the balance of markable success stories in medicine, gress vote for the future. my time. now giving tens of thousands of des- I must thank my colleagues who Mr. BROWN of Ohio. Mr. Speaker, I perately ill Americans each year a new have worked so very hard on this and yield myself such time as I may con- chance at life. all of the other medical issues, the gen- sume. But sadly, this medical miracle is not tleman from Florida (Mr. BILIRAKIS) Mr. Speaker, I am pleased to be a co- yet available to all in need. Waiting and the gentleman from Ohio (Mr. sponsor of this resolution and the lists are growing more rapidly than the BROWN), and all of my colleagues who Organ Donation Improvement Act, number of organs and tissues that are have contributed their commitment, which we will also take up today. being donated. There are more than I commend first and, most impor- their time and energy towards this leg- 70,000 individuals awaiting organ trans- islation. tantly, the gentlewoman from Florida plants at any given moment, and de- (Mrs. THURMAN) for her good work on spite the fact that almost every one Mr. BROWN of Ohio. Mr. Speaker, I this, as well as the gentleman from who is a potential donor, more than 10 yield 7 minutes to the gentlewoman Florida (Mr. BILIRAKIS), and the gen- people each day die because of a short- from Florida (Mrs. THURMAN), the spon- tleman from Wisconsin (Mr. BARRETT) age of donor organs. sor of this resolution. highlighting the substantial unmet Currently, 2,566 men, women and Mrs. THURMAN. Mr. Speaker, I need for donated organs. children from the greater metropolitan thank the gentleman from Ohio (Mr. This resolution highlights the need area are on waiting lists hoping for an BROWN), whose subcommittee has been not only for organ donation, but for organ to become available. That is an a leader in this area; and I certainly tissue, blood and bone marrow dona- increase of 108 over the previous year. thank the chairman, the gentleman tions as well. Many of these residents have been from Florida (Mr. BILIRAKIS), a col- There are 1,298 patients currently waiting for years, and the wait is grow- league of mine from Florida, who joins waiting for organs at northeast Ohio ing longer. me in districts. We recognize the con- hospitals in my part of Ohio; 800 pa- Every 2 hours one of the more than cern and the interest in this issue not tients waiting for a kidney, 140 pa- 60,000 Americans now on waiting lists only in our districts, but in and around tients for a heart, 60 patients waiting dies for lack of an available organ. And the country. for a lung. even when individuals have indicated a A single donor can provide organs Mr. Speaker, I also appreciate the desire to be a donor, statistics show statement of the gentlewoman from and tissue to more than 50 people in that those wishes go unfulfilled more Maryland (Mrs. MORELLA). It is good to need. than half the time. March is Red Cross Month and the see my colleagues from Ohio, Mary- spotlight on this organization could b 1245 land, Florida, along with the gen- not, Mr. Speaker, be more timely. Two important points I think could tleman from Wisconsin (Mr. BARRETT). Despite 6.3 million units of blood col- well be made, and that is the final deci- This is a national issue. lected from 4 million generous donors sion on whether or not to donate or- I would like to take just a moment in the year 2000, blood supplies are at a gans and tissue is always made by sur- first of all, though, to recognize a col- record low across our country. Aware- viving family members. Checking the league of ours, the gentleman from ness is the first critical step in address- organ donation box on a driver’s li- Massachusetts (Mr. MOAKLEY). His ing the country’s life-saving donation cense does not guarantee organ and tis- story is touching. He has dedicated his needs. The resolution of the gentle- sue donation. Individuals should dis- life to serving the people of Boston. He H670 CONGRESSIONAL RECORD — HOUSE March 7, 2001 was not deterred from service 6 years gether to increase awareness about the Every 14 minutes, another name is ago when he needed, among other importance of organ and tissue dona- added to the national transplant wait- things, a liver transplant. He was not tion. I ask my colleagues to join in ing list. An average of 16 people die deterred when his family was under- passing H. Con. Res. 31, a resolution each day from the lack of available or- going a crisis. Now he is forced to face that recognizes and supports National gans for transplant. another crisis, and again he will con- Donor Day. In 1999, there were 5,843 organ donors tinue his public service. When the gen- National Donor Day is organized by resulting in 21,990 organ transplants. tleman from Massachusetts was told by Saturn and the United Auto Workers Less than one-third, about 20,000, re- his doctor to take off time to do some- along with a number of organ founda- ceive transplants each year. While the thing he enjoys, his response was in- tions, health organizations, and the number of donors rose in 1998 to nearly spiring to all of us. He said, ‘‘Doctor, I Department of Health and Human 5,800, with about three organs recov- am doing what I enjoy doing. There is Services. ered from each donor, it still falls nothing else I would rather do.’’ They have established February 10, short, Mr. Speaker, short of the sub- And it was the gift of an organ and 2001 as the day. This day is dedicated stantial and growing need. utter determination that have allowed to educating people about the five the gentleman from Massachusetts to points of life: whole and blood plate- Today, I have two nephews who are lead the life that he is leading. lets, organs and tissue, bone marrow, undergoing surgery for the trans- Mr. Speaker, organ donation falls and cord blood. planting of kidneys, Lamont and into the category of things that one Last month, this coalition joined Galan. We wish them the very best as never thinks will affect you, your forces for the fourth time to bring us they undergo this very important un- friends, your neighbors or your family. together for a National Donor Day. dertaking. It happens to other people. In this Con- This is America’s largest one-day dona- I say to my colleagues today that gress alone there are several Members tion event held just before Valentine’s there is an important need for organ who have undergone successful organ Day. The first three donor days raised donations, one that will help the sur- transplants, and we are thankful that a total of 25,000 units of blood, added vival of families. Lives are saved be- these fine people are with us today. over 4,000 potential donors to the Na- cause of the generosity of those who The gentleman from Massachusetts tional Marrow Donor Registry and dis- donate their organs. I strongly support (Mr. MOAKLEY) and the gentleman from tributed tens of thousands of organ and this resolution and urge my friends to South Carolina (Mr. SPENCE) are two of tissue pledge cards. do so as well. the lucky ones. You and I, your friends and families Mrs. CHRISTENSEN. Mr. Speaker, I sup- My husband, John, was also one of can participate in this historic event port H. Con. Res. 31, which expresses the the lucky ones. His successful trans- by giving blood or pledging to give sense of the House of the importance of plant not only gave John a new lease blood, volunteering with the National organ, tissue, bone marrow, and blood dona- on life, but it has also given my chil- Marrow Donor Program, filling out tion. In an age of unprecedented scientific ad- dren back a father and me a loving hus- donor and tissue donation pledge cards vances in medical and behavioral sciences, it band. and agreeing to discuss the decision is important that we utilize every means at our Mr. Speaker, we are not alone. Four- with family members. disposal to save human lives. year-old Hannah Jones from Gaines- I would also like to take a moment ville, Florida, received the gift of life to thank those people and groups of the Each year organ donations save lives— through donated umbilical cord blood. Fifth District of Florida, including the thousands of lives; and scientific surveys indi- Without this gift, Hannah would not Saturn car dealership in Gainesville cate that Americans overwhelmingly support have survived her bout with leukemia. owned by Mr. Roland Daniels; along organ donation. Despite this fact, the same Every year thousands of Americans with LifeSouth Community Blood Cen- surveys indicate that Americans are reluctant wait on the organ donation list, and ters, also in Gainesville; and other to donate their organs. This is particularly true they are dependent on those kind groups and individuals for pulling to- among people of color, and even more so for enough to give and those who are gether to host a donation event on Na- all groups with regard to the donation of bone aware that there is a need. tional Donor Day. marrow. Transplantation is extremely suc- I urge everyone to talk to their Interestingly, the major reason for which re- cessful, and people can live productive friends and families about the impor- spondents indicate reluctance to donate their lives with a transplanted organ. How- tance of organ donation and to let oth- organs is that they have not given the issue ever, because of this technology, even ers know about this year’s National much thought. Herein lies our opportunity to more people have been added to the na- Organ Donor Day. do some good. We must support efforts to tional waiting list. Sadly, the number While this day has already come and educate our constituencies about the neces- of donors has not grown as fast as the gone, every day holds the promise of sity of organ, tissue, and bone marrow dona- number of people waiting for organs. life for the thousands of people who tion, and the good that these gifts can do. Be- Even with the growing number of await organ transplants like the one 4- cause gifts are indeed what they are. transplants performed on average, year-old Hannah Jones received. Just as we use the most modern tools med- there is an increase in the number of Please support this resolution. ical science has provided to successfully patients on the national waiting list Mr. BILIRAKIS. Mr. Speaker, I re- transplant donated organs and tissue, we every day. serve the balance of my time. must use the tools behavioral science has pro- Today there are more than 70,000 peo- Mr. BROWN of Ohio. Mr. Speaker, I vided us to change the attitudes of Americans ple waiting for organ transplants and yield 3 minutes to the gentlewoman about the necessity of this medical proce- at least 15 people die each day while from California (Ms. MILLENDER- dure—a procedure which saves the lives of waiting for an organ. In simple terms, MCDONALD) who has a very interesting more than 50,000 Americans each year. The the biggest problem facing transplant and wonderful story to tell. lives of many Americans hang in the balance. patients is the shortage of organs. One Ms. MILLENDER-MCDONALD. Mr. way that we can help address this Speaker, I would like to thank both H. Con. Res. 31 is a good start in this re- health care crisis is to talk to our the chairman and the ranking member gard, and I urge my colleagues to support its friends and families about the impor- for their support on this resolution. passage. tance of organ and tissue donation; and Today I rise in strong support of H. Mr. UNDERWOOD. Mr. Speaker, in Asian- do not forget to let those friends and Con. Res. 31, which expresses the sense Pacific American communities throughout the family know at the hospital what it of Congress regarding the importance nation, parents are known to overrule deci- means and why you have chosen to of organ, tissue, bone marrow, and sions of their children, even if their children give an organ because it can be a prob- blood donation and supports a National are grown adults with families of their own. lem if you do not. Donor Day. That cultural norm compounded with cultural Mr. Speaker, I stand before you Currently about 73,000 patients na- and religious stigma surrounding tissue or today to ask my colleagues and others tionwide await organ transplants, and organ donations and the complexities of East- for their help. We need to work to- some 12 die each day while waiting. ern versus Western values and medicine March 7, 2001 CONGRESSIONAL RECORD — HOUSE H671 makes it difficult for families to accept the de- an organ transplant. Unfortunately, so many blood donation. We also need to put more re- cisions of individual family members who wish others across this country will not have that sources into programs with similar goals to to be donors. Even with a living will provided opportunity. take steps toward making each day a national by a donor, the final decision of whether to Mr. Speaker, while 20,000 people will re- donor day. make a donation is made by the surviving ceive a transplant this year, another 40,000 I urge President Bush to join us in these ef- family. Thus, the need for such public aware- that desperately need an organ will not. That forts to encourage people to give the gift of ness and outreach activities is a vital compo- gives me, and I hope all of my colleagues, a life, and I urge my colleagues to support this nent of raising the potential matching success great desire to work to raise awareness about resolution. for those thousands of patients waiting for organ donation, and improve the procedures Mr. UNDERWOOD. Mr. Speaker, I speak transplants and encouraging the recruitment of for obtaining a transplant. today in full support of House Concurrent Res- new donors. Mr. Speaker, if there ever was a time or olution 31, which expresses the importance of At any given day of the year, there are be- issue where government should and can act— organ, tissue, bone marrow, and blood dona- tween 1,000 and 2,000 patients awaiting this is that issue. tions and celebrates National Donor Day. I organ or tissue transplants throughout the na- We can literally save lives by improving the would also like to take this opportunity to tion. Of the 30,000 individuals that are diag- structure of organ donation across the country. thank my colleague, Congresswoman KAREN nosed with leukemia each year, 6 percent of We can make it easier for families to make the THURMAN of Florida, for her continued leader- these are of Asian-Pacific American ancestry. choice of donating an organ, we can make ship and sponsorship of this resolution. The slim probabilities of finding a perfect transplant surgery more accessible to all The need for blood, bone marrow, organ match for many of these patients are often Americans and we can teach everyone that and tissue donation grows each year. So, do bleak. their courageous choice will give another the concerns regarding access to these sup- Just 10 years ago, the possibility of finding human being the greatest gift of all—the gift of plies, which are of a particular concern to rural a match in the National Marrow Donor Pro- life. areas such as Guam. Guam’s distance from gram (NMDP) was virtually nonexistent with Mr. Speaker, I would like to mention that the states and geographical isolation forces only 123 Asian Pacific American donors listed this House will also be taking up a bill today hospitals to become almost solely dependent on the National Registry. As of December 3, offered by Mr. BILIRAKIS and Mr. BARRETT, on the local population to supply its demand 2001, there were 257,000 donors of Asian-Pa- H.R. 624, and I want to lend my strong sup- for donations. With the anticipated closing of the Naval cific American ancestry out of 4.2 million cur- port for that legislation as well. Mr. BILIRAKIS’ Hospital Blood Bank, the Blood Bank in the rently registered in the NMDP. Although the and Mr. BARRETT’S bill will direct the Secretary Guam Memorial Hospital, the only civilian hos- radically increased numbers represent a de- of Health and Human Services to carry out a pital on the island, will become the sole pro- gree of success, only 25 percent of those program to educate the public on organ dona- vider of blood products on the island. There- needing a bone marrow transplant are unable tion and it will provide funding for travel ex- fore, it is critical to ensure that supplies of to find a perfect donor. With the estimated at- penses of individuals making a living donation local blood products, including packed red trition of 10 percent of potential donors from of an organ. blood cells, plasma and platelets, are regularly the NMDP each year, the need to keep fo- The bill will also provide assistance to states replenished and that the supply is enough to cused on recruitment and retention of donors to improve donor registries, and make those meet the needs in the event of a disaster or in the program is critical to its continued suc- important registries available to hospitals and cess. emergency situation. donor organizations. These are excellent Local blood donations ensure the ready The continued support of Congress to im- measures that will strengthen organ donation prove upon the program it created in the Na- availability of certain blood products, which are and I urge the House to pass H.R. 624 when difficult to obtain from off-island vendors or tional Organ Transplant Act of 1984 is critical we consider that legislation later today. to the continued success of national programs providers. Local donations ensure the avail- Mr. Speaker, as I said, I am among the ability of all blood products for patient care in such as the Organ Procurement and Trans- lucky individuals to have been given the gift of plantation Network and the National Marrow the event of increased emergency usage. This life through an organ transplant. allows Guam Memorial Hospital to increase Donor Program. I hope we can join together in this nation to Therefore, I urge my fellow colleagues to the provision of certain procedures and serv- give many, many more Americans that same join in the support of this critical legislation ices for patients locally, rather than having to gift. which serves the needs of every American cit- medically evacuate patients to Hawaii or the Mr. STARK. Mr. Speaker, I rise to join my izen of this nation, from the 50 states to the continental United States for these types of colleague from the Ways and Means Com- 5 territories. Furthermore, I would like to ex- procedures. mittee, Representative KAREN THURMAN, in tend my appreciation to Mr. BILIRAKIS for intro- In observance of Blood Donor Month in support of this resolution that extends the ducing this legislation which addresses the Guam, I donated two pints of blood at the message that Congress supports the goals of particular needs and improves this important Guam Memorial Hospital Blood Bank. The National Donor Day and urges the President program. staff at the Blood Bank were kind enough to Mr. MOAKLEY. Mr. Speaker, I am proud to to issue a proclamation calling on the nation to make me feel comfortable during the 45 min- rise today in support of H. Con. Res. 31, a conduct appropriation activities and programs utes it took for the blood to be drawn. At this resolution honoring National Donor Day, and to support increased organ donation. time, I would like to extend my thanks to I’d like to thank Congresswoman THURMAN for February 10, 2001 was the fourth National Glendalyn Pangelinan, the Blood Bank super- bringing this issue to the Congress’ attention. Donor Day organized by Saturn and the visor; Victoria Pangelinan, the Blood Donation Mr. Speaker, as many of my colleagues United Auto Workers. To date, the successful recruiter; and the Blood Bank technicians, know, I received a liver transplant nearly 6 efforts of the groups involved have resulted in Wilma Nisperos, Priscilla Quinata, Charlotte years ago. Without that transplant, I would not over 4,000 potential donors being added to Mier, and Lois Santa Cruz, who assisted me have lived more than a few months. These the National Marrow Donor Program Registry, during the whole experience. last 6 years have been some of the best years over 25,000 units of blood being collected, Because of Guam’s unique geographic situ- of my life—and for that and so much more, I and tens of thousands of organ and tissue ation, it is a continual challenge to ensure that am deeply grateful. I am deeply grateful to the pledge cards being distributed. an adequate amount of safe blood products family—who I will never know—who coura- Last year’s events included an emphasis on are constantly available. An active blood dona- geously decided to donate their loved ones’ the disproportionally high need for minority do- tion program is critical in keeping the commu- organs so that someone like me would have nors. Recipients often need an organ from a nity continually educated and aware of this a second chance. donor of the same ethnicity, and organ dona- vital need. I am deeply grateful to the doctors and tion among minorities has historically been Although organ, tissue, and bone marrow nurses who performed my operation, so pro- lower than the rest of the population, making transplantation is not a common procedure in fessionally and so successfully. minorities less likely to find a matching donor. Guam as it is in larger metropolitan areas of And I am deeply grateful to the scientists We need to continue such efforts to reach out the country, the need is still great as heart dis- and researchers who have worked so hard to to minorities and encourage them to become ease and diabetes are among the leading develop the techniques and procedures that donors. causes of death on the island. In fact, heart are giving so many people a better, longer, There are still over 70,000 people on the disease ranks as the number one killer, while and healthier life. transplant waiting list. We need to reempha- diabetes ranks very close to the top and af- I stand here today as one of the lucky peo- size our commitment to the National Donor fects Chamorros at 5 times the national aver- ple that was given the opportunity to receive Day and the importance of organ, tissue, and age. H672 CONGRESSIONAL RECORD — HOUSE March 7, 2001 The impact of higher costs and greater dis- that the Federal Government should carry which payment would have been made if tances between Guam and the nearest major out programs to educate the public with re- such area had been the covered vicinity for metropolitan hospital in Honolulu, approxi- spect to organ donation, including the need the intended recipient, taking into account to provide for an adequate rate of such dona- the costs of travel and regional differences in mately 3,500 miles or 7 hours by plane, is a tions. the costs of living. vital concern when it comes to health care for (b) FAMILY DISCUSSIONS OF ORGAN DONA- ‘‘(2) COVERED VICINITY.—For purposes of U.S. citizens on Guam. Some of Guam’s pa- TIONS.—The Congress recognizes the impor- this section, the term ‘covered vicinity’, tients are medically evacuated to larger metro- tance of families pledging to each other to with respect to an intended recipient of an politan health care centers in Honolulu and share their lives as organ and tissue donors organ from a donating individual, means the Los Angeles for these procedures. Other and acknowledges the importance of dis- vicinity of the nearest transplant center to times, the organ and tissue donations are cussing organ and tissue donation as a fam- the residence of the intended recipient that transported to Guam for transplantation. So, ily. regularly performs transplants of that type (c) LIVING DONATIONS OF ORGANS.—The of organ. the access to organ and tissue donation is a Congress— ‘‘(d) RELATIONSHIP TO PAYMENTS UNDER critical component of whether a patient lives or (1) recognizes the generous contribution OTHER PROGRAMS.—An award may be made dies. made by each living individual who has do- under subsection (a) only if the applicant in- Although donations of organs, tissue and nated an organ to save a life; and volved agrees that the award will not be ex- bone marrow are not as frequent as donations (2) acknowledges the advances in medical pended to pay the qualifying expenses of a of blood products, the needs are the same, technology that have enabled organ trans- donating individual to the extent that pay- only the distance and costs to accessing these plantation with organs donated by living in- ment has been made, or can reasonably be products are much greater. The continued dividuals to become a viable treatment op- expected to be made, with respect to such ex- tion for an increasing number of patients. penses— support of Congress in these efforts to im- SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE ‘‘(1) under any State compensation pro- prove access and public awareness of the im- EXPENSES INCURRED TOWARD LIV- gram, under an insurance policy, or under portance of organ, tissue, bone marrow and ING ORGAN DONATION. any Federal or State health benefits pro- blood donations is critical to meeting the Section 377 of the Public Health Service gram; or needs of those 70,000 individuals who are Act (42 U.S.C. 274f) is amended to read as fol- ‘‘(2) by an entity that provides health serv- waiting for organ transplants at any given mo- lows: ices on a prepaid basis. ment, for car crash victims in need of a ready ‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EX- ‘‘(e) DEFINITIONS.—For purposes of this sec- supply of blood, and for patients afflicted with PENSES INCURRED TOWARD LIVING ORGAN DO- tion: NATION ‘‘(1) The term ‘covered vicinity’ has the leukemia in need of a bone marrow transplant meaning given such term in subsection (c)(2). ‘‘SEC. 377. (a) IN GENERAL.—The Secretary just to survive. ‘‘(2) The term ‘donating individuals’ has Therefore, today I rise in strong support of may make awards of grants or contracts to States, transplant centers, qualified organ the meaning indicated for such term in sub- this resolution and encourage all Americans, procurement organizations under section 371, section (a)(1), subject to subsection (b)(2)(A). whether they live in the 50 states or the 5 ter- or other public or private entities for the ‘‘(3) The term ‘qualifying expenses’ means ritories to make a donation of blood to their purpose of— the expenses authorized for purposes of sub- local blood bank, sign up as an organ donor ‘‘(1) providing for the payment of travel section (a), subject to subsection (b)(2)(B). ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and subsistence expenses incurred by individ- at their nearest Division of Motor Vehicles, For the purpose of carrying out this section, uals toward making living donations of their and register at the nearest Bone Marrow Reg- there is authorized to be appropriated organs (in this section referred as ‘donating istry Center in the area. Your donation is vital $5,000,000 for each of the fiscal years 2002 individuals’); and and may help save a life some day. through 2006.’’. Mr. BILIRAKIS. Mr. Speaker, I yield ‘‘(2) in addition, providing for the payment of such incidental nonmedical expenses that SEC. 4. PUBLIC AWARENESS; STUDIES AND DEM- ONSTRATIONS. back the balance of my time. are so incurred as the Secretary determines Part H of title III of the Public Health Mr. BROWN of Ohio. Mr. Speaker, I by regulation to be appropriate. Service Act (42 U.S.C. 273 et seq.) is amended yield back the balance of my time. ‘‘(b) ELIGIBILITY.— by inserting after section 377 the following The SPEAKER pro tempore (Mr. ‘‘(1) IN GENERAL.—Payments under sub- section: SIMPSON). The question is on the mo- section (a) may be made for the qualifying tion offered by the gentleman from expenses of a donating individual only if— ‘‘PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS Florida (Mr. BILIRAKIS) that the House ‘‘(A) the State in which the donating indi- ‘‘SEC. 377A. (a) PUBLIC AWARENESS.—The suspend the rules and agree to the con- vidual resides is a different State than the State in which the intended recipient of the Secretary shall (directly or through grants current resolution, H. Con. Res. 31. organ resides; and or contracts) carry out a program to educate The question was taken. ‘‘(B) the annual income of the intended re- the public with respect to organ donation, The SPEAKER pro tempore. In the cipient of the organ does not exceed $35,000 including the need to provide for an adequate opinion of the Chair, two-thirds of (as adjusted for fiscal year 2002 and subse- rate of such donations. those present have voted in the affirm- quent fiscal years to offset the effects of in- ‘‘(b) STUDIES AND DEMONSTRATIONS.—The ative. flation occurring after the beginning of fis- Secretary may make grants to public and Mr. BILIRAKIS. Mr. Speaker, on cal year 2001). nonprofit private entities for the purpose of ‘‘(2) CERTAIN CIRCUMSTANCES.—Subject to carrying out studies and demonstration that I demand the yeas and nays. projects with respect to providing for an ade- The yeas and nays were ordered. paragraph (1), the Secretary may in carrying out subsection (a) provide as follows: quate rate of organ donation. The SPEAKER pro tempore. Pursu- ‘‘(A) The Secretary may consider the term ‘‘(c) GRANTS TO STATES.—The Secretary ant to clause 8 of rule XX and the ‘donating individuals’ as including individ- may make grants to States for the purpose Chair’s prior announcement, further uals who in good faith incur qualifying ex- of assisting States in carrying out organ proceedings on this motion will be penses toward the intended donation of an donor awareness, public education and out- postponed. organ but with respect to whom, for such reach activities and programs designed to in- crease the number of organ donors within f reasons as the Secretary determines to be appropriate, no donation of the organ occurs. the State, including living donors. To be eli- ORGAN DONATION IMPROVEMENT ‘‘(B) The Secretary may consider the term gible, each State shall— ACT OF 2001 ‘qualifying expenses’ as including the ex- ‘‘(1) submit an application to the Depart- penses of having one or more family mem- ment in the form prescribed; Mr. BILIRAKIS. Mr. Speaker, I move bers of donating individuals accompany the ‘‘(2) establish yearly benchmarks for im- to suspend the rules and pass the bill donating individuals for purposes of sub- provement in organ donation rates in the (H.R. 624) to amend the Public Health section (a) (subject to making payment for State; Service Act to promote organ dona- only such types of expenses as are paid for ‘‘(3) develop, enhance or expand a State tion, as amended. donating individuals). donor registry, which shall be available to The Clerk read as follows: ‘‘(c) LIMITATION ON AMOUNT OF PAYMENT.— hospitals, organ procurement organizations, and other States upon a search request; and H.R. 624 ‘‘(1) IN GENERAL.—With respect to the geo- graphic area to which a donating individual ‘‘(4) report to the Secretary on an annual SECTION 1. SHORT TITLE. travels for purposes of subsection (a), if such basis a description and assessment of the This Act may be cited as the ‘‘Organ Dona- area is other than the covered vicinity for State’s use of these grant funds, accom- tion Improvement Act of 2001’’. the intended recipient of the organ, the panied by an assessment of initiatives for po- SEC. 2. SENSE OF CONGRESS. amount of qualifying expenses for which pay- tential replication in other States. (a) PUBLIC AWARENESS OF NEED FOR ORGAN ments under such subsection are made may Funds may be used by the State or in part- DONATION.—It is the sense of the Congress not exceed the amount of such expenses for nership with other public agencies or private March 7, 2001 CONGRESSIONAL RECORD — HOUSE H673 sector institutions for education and aware- very controversial; and as a result of Mr. BROWN of Ohio. Mr. Speaker, I ness efforts, information dissemination, ac- that, the legislation was not able to yield myself such time as I may con- tivities pertaining to the State organ donor move. sume. registry, and other innovative donation spe- What we have done in this legislation Mr. Speaker, this bill complements cific initiatives, including living donation. in a bipartisan basis was to pull out all ‘‘(d) ANNUAL REPORT TO CONGRESS.—The the resolution we just considered, and I Secretary shall annually submit to the Con- of the noncontroversial very, very sig- would again like to thank the gen- nificant areas of that legislation and gress a report on the activities carried out tleman from Wisconsin (Mr. BARRETT), put them into this and left out com- under this section, including provisions de- the gentleman from Florida (Mr. BILI- scribing the extent to which the activities pletely the allocation procedures, RAKIS), and the gentlewoman from have affected the rate of organ donation. which were controversial. I think that Florida (Mrs. THURMAN) for their work ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— is very important that all of the Mem- on this legislation. ‘‘(1) IN GENERAL.—For the purpose of car- bers realize that this is a different rying out this section, there are authorized piece of legislation with no controver- In 1999, nearly 75,000 people were on to be appropriated $15,000,000 for fiscal year waiting lists for organ transplants; yet 2002, and such sums as may be necessary for sial areas at all. less than 22,000 of these 75,000 received each of the fiscal years 2003 through 2006. b 1300 Such authorization of appropriations is in transplants. Nearly 12 people die every addition to any other authorizations of ap- Continuing, Mr. Speaker, nationwide day while waiting for a transplant. The propriations that is available for such pur- we do not have enough organs for pa- question is how do we identify and how pose. tients who need a transplant. During do we remove barriers to donation, nar- ‘‘(2) STUDIES AND DEMONSTRATIONS.—Of the the 1990s, the number of patients wait- rowing the significant gap between amounts appropriated under paragraph (1) ing for organ transplants rose more transplant candidates and available or- for a fiscal year, the Secretary may not obli- than five times as fast as the number gans? gate more than $2,000,000 for carrying out of transplant operations. In 1999, more Public awareness is part of the prob- subsection (b).’’. than 20,000 transplants were performed, SEC. 5. EFFECTIVE DATE. but the transplant waiting list exceed- lem. Providing assistance to living The amendments made by this Act take ef- ed 70,000 patients. As a result, more organ donors is another step. H.R. 624 fect on the date of the enactment of this Act. than 50,000 patients did not receive the would set both of these strategies in The SPEAKER pro tempore. Pursu- transplants they needed. motion. The authors have been clear. ant to the rule, the gentleman from With modern technology and the suc- This bill is not an exhaustive response Florida (Mr. BILIRAKIS) and the gen- cess of organ transplants, many of to the donor organ shortfall. This bill, tleman from Ohio (Mr. BROWN) each these deaths are preventable. Unfortu- however, to its credit, is a starting will control 20 minutes. nately, despite the generosity and self- point in implementing good ideas and The Chair recognizes the gentleman sacrifice of thousands of donors who in signaling congressional interest in from Florida (Mr. BILIRAKIS). have given an organ to a patient in an issue significant to all of us. GENERAL LEAVE need, the supply of organs continues to Organ donation is such an amazing Mr. BILIRAKIS. Mr. Speaker, I ask fall short of the need. In my own State act of giving, one that delivers hope unanimous consent that all Members of Florida, the transplant waiting lists and health and life to thousands of pa- may have 5 legislative days within continue to grow and patients continue tients a year. The fact that H.R. 624 which to revise and extend their re- to wait. represents the first step in a broader marks on H.R. 624 and to insert extra- What is most unfortunate, however, effort does not minimize its impor- neous material on the bill. is the number of people who have died tance. I fully support its passage. The SPEAKER pro tempore. Is there while on one of these transplant wait- Mr. Speaker, I yield 2 minutes to the objection to the request of the gen- ing lists. In 1999, in the State of Flor- gentlewoman from Florida (Mrs. THUR- tleman from Florida? ida alone, 65 patients died while wait- MAN), who has been a leader on this and There was no objection. ing for a liver transplant, 35 patients other organ donation issues. Mr. BILIRAKIS. Mr. Speaker, I yield died while waiting for a heart trans- myself such time as I may consume. plant, 17 patients died while waiting Mrs. THURMAN. Mr. Speaker, I I am pleased, Mr. Speaker, that the for a lung transplant, and 91 patients thank the gentleman for yielding me House is today considering H.R. 624, died while waiting for a kidney trans- this time. the Organ Donation Improvement Act plant. So we must act to these prevent- Before I start in on a little bit of of 2001. I want to thank my committee able deaths by increasing the supply of what we are talking about today, one colleagues, the gentleman from Wis- organs and discussing the gift of life, as of the things we probably ought to do consin (Mr. BARRETT) and the gen- the gentlewoman from Florida (Mrs. first and foremost is thank all of the tleman from Ohio (Mr. BROWN), the THURMAN) said, with friends and fam- men and women out there today that subcommittee ranking member, for ily. have made that choice and have made their help in drafting this bill. H.R. 624 recognizes the contributions a difference in people’s lives, because The full Committee on Energy and made by living individuals who have without their generous donation we Commerce approved H.R. 624 on Feb- donated organs to save lives. It also ac- would not have this opportunity to ruary 28 by unanimous vote, which re- knowledges the advances in medical even be talking about this and the flects the bipartisanship nature of this technology that have made transplan- technology and what has happened initiative. tation a viable treatment option for an over several years. I also want to thank Secretary increasing number of patients. Signifi- So I would like to just take a mo- Tommy Thompson for making organ cantly, H.R. 624 directs the Secretary ment to thank and to express to those donation a top priority for his first 100 of Health and Human Services to carry family members, whether because of a days in office. He has recognized the se- out programs to educate the public loss or because of a connection with rious nature of this growing problem with respect to organ donation. This another family member, how much we and intends to act quickly to increase bill also authorizes grants to cover the appreciate what they have given al- organ donation efforts across the coun- costs of travel and subsistence ex- ready in this debate. try. In fact, I received a letter from penses for individuals who make living Secretary Thompson indicating his donations of their organs. Today, what we are talking about is support for H.R. 624 and his intent to I am confident that these measures a resolution, and I commend our chair- work with Congress to increase organ will provide the necessary incentives man for this and also the gentleman donation in the future. for Americans considering organ dona- from Ohio (Mr. BROWN). As the chair- Mr. Speaker, during the latter part of tion and increase the supply of organs. man said, this was part of a piece of the last Congress, we had the legisla- I urge all my colleagues to join me legislation last year that kind of got tion going through the body which today in supporting passage of H.R. 624, tied up in some allocation issues, but would have done what we are doing in the Organ Donation Improvement Act. the issue in this one is so important be- this legislation but also had estab- Mr. Speaker, I reserve the balance of cause this actually helps us with ex- lished allocation procedures. It was my time. pensing. So that if we have a living H674 CONGRESSIONAL RECORD — HOUSE March 7, 2001 donor, we can provide an opportunity more than doubled in the 1990s, accord- publicly salute the employees of UNOS for them to give the gift that they ing to a recent report by UNOS. On and the families and friends of those would like to give. So it is a very sim- February 24, the UNOS national wait- who have donated the ‘‘gift of life,’’ do- ple, direct kind of program that if one ing list had 74,800 patients awaiting or- nated organs. is willing to help and is willing to do- gans. Over half of those are waiting for According to UNOS, for every patient nate, that we are going to help in that kidneys. who receives the organ he or she needs, regard as well. In Wisconsin alone there are cur- two more people in need of organs are The only other thing I would say is, rently more than 1,500 people on organ added to the national waiting list. Un- I would like the chairman just to con- waiting lists. Most of them are waiting fortunately, less than half of those who sider a second part of this piece of leg- kidneys. I mention kidneys in par- register on the waiting list will ever re- islation that we introduced last year, ticular because through the advance- ceive a transplant. On average, 15 peo- which is the idea of when somebody is ment of medicine, living donations of ple die every day because the organ working, to be able to give them some kidneys are the most commonplace of they need does not come in time. time off where it does not hurt them in all living donations. In 1999, more than 6,000 people died the workplace. Because without that The Organ Donation Improvement while awaiting organs. The same year, time, it is very difficult for them. Even Act promotes living donation. Accord- the waiting list reached a high of more though they may be getting some of ing to UNOS, the number of living than 67,000 people. UNOS works to ad- dress this life-and-death challenge by their expenses covered, they do have to organ donors more than doubled from increasing organ donation and making take time off of work to be able to go 1990 to 1999. The selfless humanity ex- the most of every organ that is do- and do this. So I just hope at sometime hibited by living donors is recognized nated. This is accomplished through we can look at that issue. by this bill, as is the progress made in organ matching and distribution, data But certainly my praises are to this medical technology that has enabled research, policymaking, education and committee and to this Congress for giv- living donor transplants, like the one public awareness. ing us this gift of life. from Leslie Kallenbach to David Raine. Recently, several major employees in Mr. BROWN of Ohio. Mr. Speaker, I This measure also provides financial the metro Richmond area launched em- yield 4 minutes to the gentleman from assistance to States to develop and ployee campaigns to raise awareness Wisconsin (Mr. BARRETT), who has been grow donor registries and to connect about organ donation and increase the very involved in this issue during his these registries to organ procurement number of organ donors in Virginia. time in Congress. organizations and hospitals. The bill The people of Virginia owe these com- Mr. BARRETT of Wisconsin. Mr. also helps donors defray the costs asso- panies and their employees a debt of Speaker, I thank the gentleman for ciated with their testing and dona- gratitude for their efforts to promote a yielding me this time, and I want to tions. gift of life. I want to thank them for compliment the gentleman from Flor- I am proud to say that Wisconsin is a their hard work, and I urge passage of ida (Mr. BILIRAKIS), the gentleman leader in organ donation and trans- this legislation. from Ohio (Mr. BROWN), and the others plant surgery among the States. Wis- Mr. Speaker, I include for the that have been so active on this issue. consin’s medical centers accept signifi- RECORD the UNOS press release of I think this is an issue that I think ul- cantly greater numbers of organs for March 3, 2001. timately does have bipartisan support transplant than the national average. I [From the United Network for Organ and we can all work together on. will continue to fight to advance this Sharing, Mar. 3, 2001] In 1999, David Raine of Racine, Wis- cause and do whatever is necessary to RICHMOND EMPLOYERS JOIN UNOS TO consin, was put on a waiting list for a share Wisconsin’s success with the rest INCREASE ORGAN DONATION kidney. The clock was ticking, and his of the Nation. RICHMOND.—Several major employers in health was declining. It used to be that Though I am pleased to see such the metro Richmond area have joined the one family’s saving grace was another swift action on this bill by the Com- United Network for Organ Sharing’s (UNOS) family’s tragedy, as organs were gen- mittee on Commerce and now by my Workforce 2001, a unique effort to increase erally donated from the recently de- colleagues in the House, this cannot be organ donation. BB & T; Back in Action Health Resource ceased. Though organ donation from the last word on organs. Our job is far Center, Bank of America, CapTech Ventures, the deceased is still the chief source of from done. I appreciate the heartfelt Chesterfield County, City of Richmond, The organ donations, there is an increasing support for these efforts by Health and C.F. Sauer Company, Continental Societies, number of organs donated from a Human Services Secretary Thompson, Inc., Dominion Virginia Power, Durrill and healthy individual who is compatible and I hope to work with him to develop Associates, First Union, James River Tech- to a patient in need. Though typically a network of State donor registries so nical, McCandlish and Kaine, M.H. West and this type of transplant is done with that the stories of those people who are Co., Medical Insurers of Virginia; Owens and kidneys, advances are being made in Minor, Pleasants Hardware, waiting for the gift of life might have PriceWaterhouseCoopers, SMBW Architects, the transplantation of other organs, the same happy ending as David Raine. Style Weekly, SunTrust Bank, Tom Brown such as lungs and livers. Mr. BILIRAKIS. Mr. Speaker, I yield Hardware, Trigon Blue Cross Blue Shield, For David Raine, living donation 2 minutes to the gentleman from Vir- Ukrop’s Supermarkets and First Market saved him. As he describes it, an angel ginia (Mr. CANTOR). Bank, Verizon, Virginia Commonwealth Uni- came into his life. Leslie Kallenbach, a Mr. CANTOR. Mr. Speaker, I thank versity/Medical College of Virginia, The Vir- fellow parishioner at David’s church, the gentleman for yielding me this ginia Home; Wella Manufacturing of Vir- offered her own kidney to him. Tests time. ginia; Westminster Canterbury; and Wil- liams, Mullen, Clark and Dobbins have com- determined she was a perfect match; Mr. Speaker, I rise in strong support mitted to educating their employees about and in January of 2001, David and Les- of the Organ Donation Improvement the vital need for organ donation. lie underwent surgeries at Saint Luke’s Act introduced by the gentleman from ‘‘Corporate involvement on the local and Medical Center in Milwaukee. One of Florida (Mr. BILIRAKIS) and the gen- national level is key to spreading the life- Leslie’s kidneys was successfully trans- tleman from Wisconsin (Mr. BARRETT). saving message of organ donation,’’ said Wal- planted to David by Dr. William Ste- This legislation directs the Secretary ter K. Graham, UNOS executive director. venson, and David Raine said he felt of Health and Human Services to con- ‘‘We need everyone’s help to make sure the public has the right information to make an energy return to his body almost im- duct a public awareness campaign informed decision about organ donation.’’ mediately. Both recovered without about the need for additional organs Nearly 700 people are currently awaiting complication. for transplantation. an organ transplant in Richmond, with ap- This is a happy ending that I wish I am privileged to represent the hard- proximately 2,000 waiting statewide. There was found in every transplant patient’s working men and women of the United were 37 organ donors in Richmond during story. Sadly, it is not. Fourteen people Network for Organ Sharing, UNOS, in 2000, leading to more than 200 transplants. Nationwide, 75,000 children, men, and die each day because the organ they Richmond, Virginia. Their recent cor- women are registered on the nation’s organ need is not available to them. The gap porate campaign to increase organ do- transplant waiting list. To date, UNOS re- between organ transplants and the nation complemented the goal of this ports that slightly more than 22,000 trans- number of patients waiting for organs legislation, and that is why I want to plants were performed in 2000 using organs March 7, 2001 CONGRESSIONAL RECORD — HOUSE H675 from 5,900 cadaveric donors and 4,800 living organ donor, puts them on the list, and teresting statistic he often cities is that two- donors. makes sure the individual’s license re- thirds of Americans have not expressed their For the year 2001, we project only mod- flects it. So in a time when we are no wishes about donation. erate increases in donation and transplan- Clearly, there is much that can be done to tation, so of these 75,000 less than one third longer on this earth but our organs are, will receive life-saving transplants this year. we can help someone else to live. I increase organ donations. The two measures The other two-thirds will continue to wait, think that is the kind of thing we before us today, H. Con. Res. 31 and H.R. and perhaps die because the organ they need would all want to have made possible. 624, are steps in the right direction. I want to will not come in time to save them. UNOS, So I hope we all support this organ make particular note of the efforts of my friend and the employers of Virginia, are working donation legislation. In my State, and colleague, Representative KAREN THUR- together to change this. there were 71 organs donated last year, MAN. She has made all of us aware of the ‘‘A lot of people die in the U.S. and in Vir- although there are 36,000 still on the need to act quickly and decisively to address ginia because they don’t get the organs they a host of donation issues. Her resolution on need so desperately. If we encourage every- waiting list in my State of Rhode Is- one, starting with our own employees, to be- land. We have a tragic shortage of or- organ, tissue, bone marrow, and blood dona- come donors we can help the situation tre- gans and we need to pass this legisla- tion deserves our enthusiastic support. mendously,’’ said Lynn Williamson, M.D., tion, H.R. 624, so that we can help ex- H.R. 624 addresses both cadaveric and liv- vice president and chief medical officer for pand awareness of this important proc- ing donations. There are obvious limitations Trigon Blue Cross Blue Shield. ess of donating an organ. with respect to live donations, so we must at- One of the main ways the organizations I encourage everyone to find someone tack the shortage on both fronts, cadaveric will communicate with their employees that has benefited from this or log on and live donations. Ninety-five percent of live about organ donation is a new electronic donations are kidneys, with the remaining five public service announcement (PSA) that can and learn more about it, because I be- be sent via e-mail or posted on organiza- lieve if people learn more about it they percent involving the split liver technique. tion’s Intranet site. The electronic PSA will become organ donors. It is an abso- Cadaveric donations thus make up part of the highlights the importance of organ donation lute tragedy that more Americans of supply of transplantable kidneys and livers, and gives the viewer concrete steps they can good conscience and good will just are and the entire supply of hearts, pancreas, take to be an organ donor. Other ways em- not because they have not gotten lungs, and intestines. ployers are spreading the message include around to doing it. So anyone listening H.R. 624 is an incremental step. It is not a using posters, brochures and paycheck stuff- comprehensive program. I hope this is merely ers. to this, please make sure to sign up to be an organ donor. a reflection of the process by which this bill Companies interested in joining the organ comes before us today and does not reflect a donation campaign should contact UNOS at b 1315 (804) 330–8563. limitation on our collective will to make lasting UNOS, a nonprofit charitable organization Mr. BILIRAKIS. Madam Speaker, I and meaningful progress toward increasing headquartered in Richmond, VA, maintains yield myself 1 minute. the supply of organs. There are many good the nation’s organ transplant waiting list Madam Speaker, just one parliamen- ideas we should examine and I hope that in under contract with the Health Resources tary note. The committee filed its re- due course, we will. and Services Administration of the U.S. De- port on H.R. 624 last night. That report Finally, I remain wary of the bill’s residency partment of Health and Human Services. and ‘‘covered vicinity’’ provisions. I will be UNOS also promotes organ donor awareness contained, as required under the House rules, a cost estimate for the bill from monitoring the implementation of H.R. 624 to in the general public and the medical com- be sure it does not stray from its intended pur- munity. the Congressional Budget Office. How- ever, H.R. 624, as introduced, contained pose. Mr. BROWN of Ohio. Mr. Speaker, I With that Madam Speaker, I urge my col- yield 3 minutes to the gentleman from a drafting error. An amendment to the basic legislation today took care of leagues to support these two measures. Rhode Island (Mr. KENNEDY). Mr. UNDERWOOD. Madam Speaker, I sup- that. As a result, CBO provided its cost Mr. KENNEDY of Rhode Island. Mr. port today H.R. 624, the Organ Donation Im- estimates on the amendment, on the Speaker, I want to thank the gen- provement Act of 2001, introduced by my col- bill, as amended, to H.R. 624 that we tleman from Ohio (Mr. BROWN) and the league, Congressman BILIRAKIS of Florida. gentleman from Florida (Mr. BILI- are considering today. I hope that this This bill will support payment of travel and RAKIS) for their work on this legisla- clears up any confusion. subsistence expenses incurred by individuals tion. It is an important piece of legisla- In closing, Madam Speaker, I would making living donations of their organs, raise tion. like to acknowledge people who have public awareness of the importance of organ I think anyone listening to this de- really worked on this not only for this and tissue donation in our country, and help bate today, though there is not much particular piece of legislation but even families understand and respect the wishes of of a debate other than we need to do in the prior years, the staffs from the family members who desire to be individual more in the way of giving organs to committee, Marc Wheat, Brent organ donors. people who need them, everyone should DelMonte; John Ford, who is here; Although organ and tissue transplantation is recognize the need to sign up. First Katie Porter from the minority; Erin not a common procedure in my district of things first: everyone should sign up as Ockunzzi, a member of my personal Guam as it is in larger metropolitan areas of an organ donor right now or make a staff; my chief of staff Todd Tuten. We the country, the need is still great as heart dis- note to themselves to go up and sign are all very grateful to those good peo- ease and diabetes are among the leading up. ple for the hard work that they have causes of death on the island. In fact, heart This is an easy thing to let pass: Oh placed on this legislation. disease ranks as the number one killer, while yeah, I’m going to do it. I’m going to Mr. DINGELL. Madam Speaker. According diabetes ranks very close to the top and af- do it. If it were not for one of our own to the most recent annual report of the United fects Chamorros at 5 times the national aver- colleagues, the gentleman from Massa- Network for Organ Sharing (UNOS), the short- age. chusetts (Mr. MOAKLEY), I would not age of organs for transplant is getting worse. The impact of higher costs and greater dis- have signed up. I recall when the gen- Approximately 21,715 transplants were per- tances between Guam and the nearest major tleman from Massachusetts got this or- formed in 1999. The number of persons on metropolitan hospital in Honolulu, approxi- gans donation caucus together. We the national transplant waiting list as of Feb- mately 3,500 miles or 7 hours by plane, is a have several colleagues on both sides of ruary 2001 was approximately 74,000. The vital concern when it comes to health care for the aisle who are beneficiaries of organ number of deaths among persons who were U.S. citizens on Guam. Some of Guam’s pa- donations. There is nothing like hear- on the transplant waiting list tripled in the dec- tients are medically evacuated to larger metro- ing a story from someone who has ben- ade of the 1990s. Although cadaveric and live politan health care centers in Honolulu and efited from an organ donation to make donation rates have increased, the need for Los Angeles for these procedures. Other someone a believer and feel that they these organs has grown even faster. times, the organ and tissue donations are ought to sign up themselves. I applaud the effort of my colleagues to transported to Guam for transplantation. So, So I encourage everyone to do it. raise awareness of the need for more organ the access to organ and tissue donation is a Most people can go down to the reg- donations. I want to also pledge to work with critical component of whether a patient lives or istry of motor vehicles in most States, Secretary Thompson on this important issue. dies. as in my State of Rhode Island. A form He has indicated that he will make organ do- Since the majority of those who are medi- is signed which makes an individual an nation a priority of this administration. One in- cally evacuated to hospitals in Honolulu and in H676 CONGRESSIONAL RECORD — HOUSE March 7, 2001 the continental United States are Medicare jected to the regulation. The groups in opposi- by the committees of jurisdiction and the and Medicaid patients, the cost of travel and tion sought and secured a rider to the Omni- Members of this House that are so vitally in- subsistence payments for individual living do- bus Appropriations enacted in 1998 which terested in this issue. nors is a welcome relief to those who are able blocked implementation of the Secretary’s pro- Mr. STARK. Madam Speaker, I rise in sup- to find a perfect organ donor match. posed regulation. port of H.R. 624, the Organ Donation Improve- The program to raise public understanding In October, 1998, the Congress suspended ment Act. and assist states and territories in carrying out implementation of the Final Rule for one year H.R. 624 is an important piece of legislation organ donor awareness, public education, and to allow further study of its potential impact. that provides financial assistance to living do- outreach activities is also a welcome compo- During that time, Congress asked the Institute nors to cover the travel expenses associated nent of the Organ Donation Improvement Act. of Medicine (IOM) to review current Organ with donating an organ, and provides new For minority communities, such as the Asian Procurement Transplantation Network (OPTN) funds for programs to educate the public with Pacific American community, this is a particu- policies and the potential impact of the Final respect to organ donation. larly welcome initiative. Rule. The IOM study was completed in July, In a National Kidney Foundation Survey, Mr. TOM DAVIS of Virginia. Madam Speak- 1999 and provided overwhelming evidence in one out of four family members said that fi- er, I rise in strong support today for H.R. 624, favor of the new regulations. Nevertheless, a nancial considerations prevented them from the Organ Donation Improvement Act. I have second moratorium was added onto the Work volunteering to become a living donor. When seen first-hand how important organ donation Incentives Improvement Act, that provided for you consider airfare, hotel, ground transpor- can be. My own sister-in-law has been the re- an additional 90-day delay on implementation tation, and food for a few days, the costs add cipient of a transplanted kidney. Unfortunately, of the Final Rule. up. This bill would provide grants to states, not every person who needs an organ trans- In the midst of this debate, in October, transplant centers, organ procurement organi- plant is as lucky as she was. In 1999 alone, 1999, the House Commerce Committee de- zations, and other public entities to enable over 6,000 people died while on the waiting bated and reported legislation, H.R. 2418, that them to pay for the non-medical travel and list for a donor organ. would have divested the Department of Health subsistence expenses incurred by a donor in Despite continuing advances in medicine and Human Services of any authority to re- conjunction with organ donation. It is targeted and technology, the tragic truth is that the de- quire anything of the OPTN. Functions of a to recipients with incomes below $35,000 a mand for organs drastically outstrips the sup- scientific, clinical or medical nature would be year who might not otherwise be able to aide ply of organ donors. According to a recent re- in the sole discretion of the OPTN. All admin- a donor in paying for travel costs. More people would be able to become living port, the number of Americans waiting for istrative and procedural functions would re- donors if we remove this cost barrier. In a organ transplants more than tripled from quire mutual agreement of the Secretary and country as wealthy as ours, we cannot allow 21,914 to 72,110 between 1990 and the end the Network. those who are in need of an organ to miss a of 1999. However, annual donor transplants Opponents of H.R. 2418, including the Gov- life-saving opportunity because of a lack of over the same period increased at a far slower ernor of the great state of Illinois, believed that travel funds for a family member or other rate, going from 15,009 in 1990 to 21,715 in the legislation would create an unregulated matching donor. Moreover, we must facilitate 1999. monopoly of organ allocations, and allow more people becoming living organ donors by H.R. 624 is an important step in addressing UNOS to run the organ allocation program un- removing whatever obstacles we can. this crisis. This bill directs the Secretary of fettered. The legislation would also have fa- This bill would also authorize the Secretary Health and Human Services to carry out a vored small states with small centers at the of Health and Human Services to make grants program to educate the public with respect to expense of patients waiting for transplants at to states or contract with organizations to edu- organ donation. It also authorizes grants to larger centers. The state of Illinois represents cate the public on organ donation. States that cover the costs of travel and subsistence ex- 9 percent of the population and receives only receive grants would be required to submit an- penses for individuals who make living dona- 4 percent of the transplants. nual reports to the Secretary assessing the ef- While debate on H.R. 2418 raged in the tions of their organs. fectiveness of the programs, so that success- I believe that it is of the utmost importance House, during 1999 and 2000, the U.S. De- ful programs can be replicated in other states. that we encourage more individuals to share partment of Health and Human Services We need to get as many people as possible the life-saving benefits of organ donation. (HHS) made several attempts to implement a to fill out organ and tissue pledge cards, and Therefore, I urge my colleagues to give this new organ donation and allocation regulation. enter their information in the National Marrow bill their full support. The HHS regulation incorporates many of the Donor Program Registry through education Mr. RUSH. Madam Speaker, I rise in sup- sound recommendations of the National Acad- campaigns. The Federal government needs to port of the Organ Donation Improvement Act emy of Sciences’ Institute of Medicines rec- work with States, and non-profit organizations of 2001, H.R. 624, which was reported by the ommendations for improving the organ dona- to reach every person in this country. Any of Energy and Commerce Committee last week. tion and allocation system. This regulation— us could one day need a transplant. As reported, H.R. 624 authorizes up to $5 mil- the subject of opposition by those groups This bill takes a step in the right direction, lion each year—for each of the next five which would have maintained the status quo— but it should be considered a piece in a broad- years—to provide travel and subsistance had twice been delayed by Congressional ac- er effort to increase organ donation in this funds for organ donors meeting certain cri- tion, but finally went into effect in March, 2000. country. Every 14 minutes a new name is teria. Madam Speaker, in January of this year, added to the transplant waiting list. We need I support the bill because I have been as- former Health and Human Services Depart- to insure that every 14 minutes a new donor sured by the distinguished chairman of the ment Secretary, Donna E. Shalala, announced signs a pledge card. We have far to go before Health Subcommittee, my friend MIKE BILI- the appointment of 20 members to the Sec- we’ve reached that goal, but this bill moves us RAKIS that the bill is intended to help increase retary’s new Advisory Committee on Organ closer. the supply of life-saving organs that are avail- Transplantation. The committee, which was Secretary Thompson has already indicated able nationwide, and that it is not an attempt created in the Organ Procurement and Trans- that he plans to launch a national awareness to circumvent, abrogate, amend or revise the plantation Network rule of 1999 and rec- campaign and to do more to recognize donors organ donation and allocation system which ommended by the Institute of Medicine Report and their families. This would be a great op- was implemented by the Department of Health to Congress in 1998, will advise the Secretary portunity for Congress to collaborate with him and Human Services last year. on all aspects of organ procurement, alloca- to draw attention to this life-saving issue. I Under the provisions of the National Organ tion and transplantation. The new Department urge my colleagues to vote in support of this Transplant Act (NOTA), the U.S. Department of Health and Human Services Secretary, the important legislation to increase organ dona- of Health and Human Services has the re- Honorable Tommy Thompson, has said that tions. sponsibility for establishing and administering improvements to the organ donation and allo- Mr. VITTER. Madam Speaker, I rise today a national organ allocation program. In April of cation system are one of his major priorities. to express my support for organ donation and 1998, the Department published a regulation Madam Speaker, it is my hope that, in the the sentiment in H.R. 624 to emphasize the which directs the Organ Procurement and future, as this House and the Energy and importance discussing organ and tissue dona- Transplantation Network (OPTN) to address a Commerce Committee continues its oversight tion as a family. I’m proud to say that in my number of inefficiencies and inequities in the on the administration of the organ donation home state of Louisiana, the LSU Health existing organ allocation program. UNOS, the and allocation system, that we not rush to Sciences Center, working with Legacy Donor United Network for Organ Sharing, and a judgment—as we did with this legislation—with Foundation and the Louisiana Organ Procure- number of transplant centers, strongly ob- no hearings, no consultation, and no oversight ment Agency, developed a model campaign March 7, 2001 CONGRESSIONAL RECORD — HOUSE H677 now used by businesses that is very success- States. In fact, the waiting list for organ trans- This measure also includes a provision to au- ful in getting employees to sign up to become plants has grown by over 300 percent in the thorize grants for studies and pilot projects to organ donors at death. Despite these ad- last decade. increase organ donations to private organiza- vances, in Louisiana and across our nation, a I am, however, proud that my state of Wis- tions. lot more public education is needed to raise consin has an excellent record in organ pro- I am also pleased that the American Hos- awareness of the critical shortage of organs. curement. Wisconsin’s two organ donation pital Association and the Patient Access to In addition, Louisiana has also benefited from agencies, the Wisconsin Donor Network in Mil- Transplantation Coalition have expressed their the services provided by the Oschner Multi- waukee and the University of Wisconsin strong support for this bill. I urge my col- Organ Transplant Center, where over 50 liver Organ Procurement organization, are nation- leagues to vote for this legislation. transplants are performed each year. The help ally recognized for their donation rates. Each Mr. BILIRAKIS. Madam Speaker, I these organizations provide to patients in Lou- year in Wisconsin, nearly 150 people give yield back the balance of my time. isiana are immeasurable. more than 600 citizens the opportunity for a Mr. BROWN of Ohio. Madam Speak- For example, in Louisiana today there are new beginning. er, I yield back the balance of my time. about 1,600 individuals—mothers, fathers, In order to decrease the number of individ- The SPEAKER pro tempore (Mrs. husbands, wives, sons, daughters—awaiting a uals on the wait list for organ transplants, we BIGGERT). The question is on the mo- life-saving transplant. Nationally, more than need to increase people’s willingness to be- tion offered by the gentleman from 73,000 men, women and children awake in come donors. Wisconsin has a model inten- Florida (Mr. BILIRAKIS) that the House hope each day that it will be the day when sive education program that works closely with suspend the rules and pass the bill, they receive their new organ, before it’s too schools, community groups, church groups H.R. 624, as amended. late for them. But needs far exceed organ do- and the hospitals to allay individuals’ ques- The question was taken. nations each year. One organ donor can save tions and concerns related to organ donation. The SPEAKER pro tempore. In the the lives of as many as eight others. Organs I am proud to be a cosponsor of the Organ opinion of the Chair, two-thirds of from 100 individuals in Louisiana were do- Donation Improvement Act that would provide those present have voted in the affirm- nated last year, providing 365 organs for grants to states to build programs similar to ative. transplant. Those 100 selfless humans in Lou- our successful program in Wisconsin. Mr. BILIRAKIS. Madam Speaker, on isiana gave the gift of life to strangers as their This bill recognizes the critical role that that I demand the yeas and nays. legacy. Organ donation is the last act of self- states can play in improving organ donation. I The yeas and nays were ordered. less generosity that one human being can per- urge my colleagues to support this important The SPEAKER pro tempore. Pursu- form for another. legislation. ant to clause 8 of rule XX and the Mr. CUMMINGS. Madam Speaker, I rise Mr. BENTSEN. Madam Speaker, I rise in Chair’s prior announcement, further today in support of H. Con. Res. 31 and H.R. strong support of the Organ Donation Im- proceedings on this motion will be 624, both expressing Congress’ acknowledg- provement Act (H.R. 624), legislation that will postponed. help the 60,000 people in the United States ment of the need for organ donors and organ f donor support for all citizens. who are currently waiting for organ transplant In 1996, I introduced H.R. 457 (Public Law surgery. This year, approximately 20,000 peo- HONORING 21 MEMBERS OF NA- No. 106–56), the Organ Donor Leave Act, be- ple will receive these lifesaving operations, but TIONAL GUARD KILLED IN cause I am a firm believer in the life-saving 40,000 people will not. This legislation is an CRASH ON MARCH 3, 2001 power of organ donation. This legislation al- important first step in helping these patients Mr. SCHROCK. Madam Speaker, I lows federal employees up to 30 days paid and their families to get the organs that they move to suspend the rules and agree to leave after having made an organ donation desperately need. the concurrent resolution (H. Con. Res. and 7 days for those employees making a As the representative for the Texas Medical 47) honoring the 21 members of the Na- bone marrow donation. Through we have Center where many of these transplantations tional Guard who were killed in the made progress in the fight for increasing the occur, I am concerned about the need to find crash of a National Guard aircraft on support for organ donors, it is out of that same more organs for these patients. Many of these March 3, 2001, in south-central Georgia. unshaken belief that I recognize the need for lifesaving procedures are conducted at the The Clerk read as follows: transplant departments at these teaching hos- legislation like H. Con. Res. 31 and H.R. 624. H. CON. RES. 47 I know the truth and the truth is that there is pitals in my district. During the past decade, the waiting list for organs has grown by more Whereas a C–23 Sherpa National Guard air- still much than can be improved. craft crashed in south-central Georgia on Over 60,000 Americans are awaiting for an than 300 percent. Clearly, we are not finding March 3, 2001, killing all 21 National Guard organ donation, while 12 people die each day sufficient donors to meet the demand for these members on board; waiting for a transplant. patients. Whereas of the 21 National Guard members Every sixteen minutes, a new name in need As an original cosponsor of this legislation, on board, 18 were members of the Virginia of an organ, tissue, or bone marrow transplant I strongly support this effort to increase organ Air National Guard from the Hampton Roads is added to a waiting list. donations. First, this measure authorizes $5 area of Virginia returning home following Each year, despite the efforts of countless million for each of the next five years to help two weeks of training duty in Florida and Americans who are organ donors, over 4,000 pay for the cost of travel and subsistence ex- the other 3 were members of the Florida penses for people who donate their organs. Army National Guard who comprised the Americans die in need of a transplant. flight crew of the aircraft; These grim statistics are the real reason With advanced technology and techniques, Whereas the Virginia National Guard why I stand behind H.R. 624, the Organ Dona- today there are more opportunities for people members killed, all of whom were members tion Improvement Act of 2001, which will not to donate organs. However, many patients of the 203rd Red Horse Engineering Flight of only foster increased public awareness cannot afford to travel and pay for the costs Virginia Beach, Virginia, were Master Ser- through studies and demonstrations, but also associated with organ donation surgeries. This geant James Beninati, 46, of Virginia Beach, supports organ donors through financial as- bill would encourage more patients to donate Virginia; Staff Sergeant Paul J. Blancato, 38, sistance incurred toward living organ donation. an organ if they know that both their travel of Norfolk, Virginia; Technical Sergeant Er- Furthermore, as H. Con. Res. 31 states, I fully and subsidence expenses will be covered. nest Blawas, 47, of Virginia Beach, Virginia; Staff Sergeant Andrew H. Bridges, 33, of support National Donor Day which promotes These grants would be given to only those Chesapeake, Virginia; Master Sergeant Eric awareness and while educating ALL about low-income patients who cannot afford to trav- Bulman, 59, of Virginia Beach, Virginia; organ, tissue, bone marrow, and blood dona- el to another state in order to donate an Staff Sergeant Paul Cramer, 43, of Norfolk, tion. organ. In addition, these grants can help do- Virginia; Technical Sergeant Michael East, In both of these bills, we move another step nors to receive supplemental income during 40, of Parksley, Virginia; Staff Sergeant forward in helping to eliminate a solvable the time period when they are donating an Ronald Elkin, 43, of Norfolk, Virginia; Staff problem, paving the way toward answering the organ. Sergeant James Ferguson, 41, of Newport hopes and needs of those who now wait too This bill would also require the Secretary of News, Virginia; Staff Sergeant Randy John- son, 40, of Emporia, Virginia; Senior Airman long for a second chance at life. Health and Human Services (HHS) to conduct Mathrew Kidd, 23, of Hampton, Virginia; Mr. KIND. Madam Speaker, today, I rise in a public awareness program on organ dona- Master Sergeant Michael Lane, 34, of support of H.R. 624, the Organ Donation Im- tion. With more awareness, it is my hope that Moyock, North Carolina; Technical Sergeant provement Act. As we all know, there is a more families will discuss organ donation and Edwin Richardson, 48, of Virginia Beach, Vir- shortage of organ donors across the United will give the ‘‘gift of life’’ to another patient. ginia; Technical Sergeant Dean Shelby, 39, of H678 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Virginia Beach, Virginia; Staff Sergeant other types of construction. The Vir- among the finest citizens of this Na- John Sincavage, 27, of Chesapeake, Virginia; ginia National Guard lost 18 great men tion. So all of us lost something very, Staff Sergeant Gregory Skurupey, 34, of from the 203rd Red Horse Engineering very precious that day. Gloucester, Virginia; Staff Sergeant Richard Flight Squadron. Their names are: The sacrifice of those who lost their Summerell, 51, of Franklin, Virginia; and Major Frederick Watkins, III, 35, of Virginia Major Frederick Watkins of Virginia lives exemplifies all that is best in the Beach, Virginia; Beach, American people. Those who serve our Whereas the Florida National Guard mem- Master Sergeant James Beninati of country in the National Guard and Re- bers killed, all of whom were members of De- Virginia Beach, serve are dedicated, industrious and tachment 1, 1st Battalion, 171st Aviation, of Staff Sergeant Paul J. Blancato of selfless. They are patriots, committed Lakeland, Florida, were Chief Warrant Offi- Norfolk, to the goal of making America great. cer John Duce, 49, of Orange Park, Florida; Technical Sergeant Ernest Blawas of So we mourn their loss and extend our Chief Warrant Officer Eric Larson, 34, of Virginia Beach, sympathies to those they have left be- Land-O-Lakes, Florida; and Staff Sergeant Staff Sergeant Andrew H. Bridges of Robert Ward, 35, of Lakeland, Florida; hind. Whereas these members of the National Chesapeake, But I want their loved ones to know Guard were performing their duty in further- Master Sergeant Eric G. Bulman of they should be extremely proud of the ance of the national security interests of the Virginia Beach, lives that they lived. Not only were United States; Staff Sergeant Paul E. Cramer of these men serving their country, they Whereas the members of the Armed Forces, Norfolk, were serving their communities and including the National Guard, are routinely Technical Sergeant Michael E. East families. They were dedicated, devoted called upon to perform duties that place of Parksley, church and family men from Emporia their lives at risk; and Staff Sergeant Ronald L. Elkin of and Franklin. They included a fireman Whereas the members of the National Norfolk, Guard who lost their lives as a result of the and an insurance man from Chesa- aircraft crash on March 3, 2001, died in the Staff Sergeant James P. Ferguson of peake, always ready to lend a helping honorable service to the Nation and exempli- Newport News, hand. You would see them in church on fied all that is best in the American people: Staff Sergeant Randy V. Johnson of Sunday or pitching in to clean up their Now, therefore, be it Emporia, town after the terrible floods last year. Resolved by the House of Representatives (the Senior Airman Mathrew E. Kidd of They spent time building homes for Senate concurring), That the Congress— Hampton, Habitat for Humanity. They loved (1) honors the 18 members of the Virginia Master Sergeant Michael E. Lane of their children and their families. Sac- Air National Guard and 3 members of the Moyock, North Carolina, Florida Army National Guard who were rifices they made for Virginia and Flor- killed on March 3, 2001, in the crash of a C– Technical Sergeant Edwin B. Rich- ida and our Nation made our country 23 Sherpa National Guard aircraft in south- ardson of Virginia Beach, better and stronger. The United States central Georgia; and Technical Sergeant Dean J. Shelby of would not be what it is today were it (2) sends heartfelt condolences to their Virginia Beach, not for the efforts of the many unsung families, friends, and loved ones. Staff Sergeant John L. Sincavage of heroes who lost their lives in this trag- The SPEAKER pro tempore. Pursu- Chesapeake, edy. ant to the rule, the gentleman from Staff Sergeant Gregory T. Skurupey General Omar Bradley spoke of free- Virginia (Mr. SCHROCK) and the gen- of Gloucester, and dom as the greatest of all ideals. He tleman from Virginia (Mr. SISISKY) Staff Sergeant Richard L. Summerell said the following: each will control 20 minutes. of Franklin. No other word held out greater hope, de- The Chair recognizes the gentleman Military service involves great dan- manded greater sacrifice, needed more to be from Virginia (Mr. SCHROCK). ger in both times of peace and war. nurtured, blessed more than the giver, de- GENERAL LEAVE Men and women in uniform and their manded more than its discharge, or come Mr. SCHROCK. Madam Speaker, I families make sacrifices each and closer to being God’s will on earth. ask unanimous consent that all Mem- every day. This tragic loss reminds us The men, families and loved ones we bers may have 5 legislative days within of the dedication that men and women honor know all too well the full mean- which to revise and extend their re- give to their country when they serve ing of the word freedom. But there is marks on the legislation under consid- in the Armed Forces. These exceptional also a Bible story about soldiers who eration. airmen were killed in the execution of died which tells us how to remember The SPEAKER pro tempore. Is there their duties, and their sacrifice was in them: objection to the request of the gen- the service of their country. Their loss They were beloved and pleasant in life, and tleman from Virginia? is greatly felt by their families, their in death they were together; they were swift- There was no objection. communities and their country. er than eagles, they were strong as lions. Mr. SCHROCK. Madam Speaker, I I stand here with my colleagues to So it is also our responsibility to love yield myself such time as I may con- proudly honor the lives of these 21 he- and support their families, protect and sume. roes, and the Congress sends their fam- defend their country and honor their Madam Speaker, I rise today to offer ilies, friends, and loved ones our heart- memory forever. I know that those who House Concurrent Resolution 47 to felt condolences. survive face the toughest challenge. I honor the 21 members of the National Madam Speaker, I reserve the bal- want them to know that all Americans Guard who tragically lost their lives ance of my time. share their loss and are deeply grateful last Saturday. Mr. SISISKY. Madam Speaker, I for their sacrifice. America is blessed Eighteen members of the 203rd Red yield myself such time as I may con- to have citizens of such caliber. God Horse Engineering Flight from the Vir- sume. bless them, their families and loved ginia Air National Guard based at I join my Virginia colleague in hon- ones. Camp Pendleton in the district I rep- oring the members of the Virginia and I know I speak for all Members in ex- resent and three members of the 171st Florida National Guard who perished tending to their families and friends Aviation Battalion of the Florida in this terrible tragedy. All House our deepest and heartfelt sympathy. Army National Guard were killed when Members pay tribute to each of the Madam Speaker, I reserve the bal- their Army C–23 Sherpa aircraft men lost in the crash last Saturday. I ance of my time. crashed in a field in south-central know they join me in sending a heart- Mr. SCHROCK. Madam Speaker, I Georgia. felt message of condolence to the fami- yield 3 minutes to the gentlewoman Red Horse squadrons are civil engi- lies and loved ones. from Virginia (Mrs. JO ANN DAVIS). neer units that can be deployed rapidly I am particularly grieved because Mrs. JO ANN DAVIS of Virginia. to erect tent cities and other facilities four of those who died were from my Madam Speaker, I would like to asso- for troops in the field. The airmen from congressional district. But it is not ciate myself with the remarks of the Camp Pendleton were returning home just that. The tragedy that occurred 4 two previous gentlemen from Virginia. after spending 2 weeks in Florida at a days ago is really a national tragedy. Madam Speaker, it is with great sor- Florida base doing electrical work and The guardsmen aboard that plane were row that I come to the floor of the March 7, 2001 CONGRESSIONAL RECORD — HOUSE H679 House today. Just 4 days ago, 21 men The men assigned to the Red Horse the scene in Dooley County, Georgia, perished in a tragic accident in south- 203rd Civil Engineering Squadron pro- on Saturday morning, who responded central Georgia. These men rep- vided support to the squadron’s combat very quickly when the call came in resented the finest America and our operations. They stood ready to step in that this crash had occurred. Sheriff military has to offer. Twenty-one men at a moment’s notice to assist in ac- Van Peavy, who is a dear friend, he and died, 18 from the Commonwealth of complishing any military mission. his folks just responded in a very quick Virginia, and 3 from the State of Flor- Whether it was building or repairing a and efficient manner to secure the ida. Twenty-one men. strategic airfield, drilling wells for premises. Commissioner Wayne West Madam Speaker, all these men served water, or building roads to move mate- and all of his employees, Mayor Willie in the Air National Guard. They regu- rial and troops, they would complete Davis of Vienna, Georgia, and the folks larly would give up a weekend a month these pertinent tasks under some of from Unadilla, Georgia responded in a and 2 weeks during the year, if not the most adverse and hostile cir- very efficient manner and did a great more, to serve their country. These cumstances. Just as important to note, job of securing the premises until the men were returning from those 2 weeks the 203rd also answered the call when security personnel from Robbins Air of duty, and when many of their fami- civilian local and State authorities re- Force Base could get there. lies gathered to greet them, they re- quired assistance when dealing with an Colonel Seward and his folks, Colonel ceived the tragic news that their loved unforeseen disaster or recovery oper- Seward is commander of the 78th Air ones’ plane had crashed. While I have ations. Time and time again they per- Base Wing at Robbins Air Force Base, spoken with some family members, it formed admirably whenever called to and he was the commanding officer on is simply impossible for me to really duty. the scene. And he and his personnel did know how they feel. But I do know These men were more than just sol- a great job. Colonel Michael Norri was this. Twenty-one lives were lost trag- diers, more than just volunteers that also the on-scene commander of the se- ically. With each of these 21 airmen, served their country. They were hus- curity forces there. They told me that there is a story. A story of fathers, a bands, boyfriends, fathers, brothers, at one point in time they had over 300 story of volunteers, of firemen and sons, friends and neighbors. They had meals that went out to serve the volun- civil servants. lives outside the Guard that we need to teers and the personnel, military and Madam Speaker, each and every one celebrate as well. They loved and were civilian personnel, who were assisting of these men were civil servants in the loved. They worked to better them- with the cleanup and attending to the truest sense. They would give up time selves and the people around them. damage that was on the field. that could have been spent with their They were part of our community, a To the many EMTs, the volunteer loved ones to serve us, the public. We community that will miss them. What firemen who responded to this emer- often do not think about that. We they contributed is very typical of gency crash, we just extend our sincere should. what so many National Guardsmen congratulations and thank them for Madam Speaker, I thought about have to do each and every day. They the job that they did. coming down to the floor to address served their Nation with pride and Once again, we really extend our con- dolences to the family members of the critical needs of the military in honor. these brave men. light of this accident, but there will be Today we take a moment to honor them and their families for the sac- Mr. SISISKY. Madam Speaker, I re- time for that in the near future. Today serve the balance of my time. is a time for mourning. Today the rifice they have made for us and our country. It is a sacrifice and a loss we Mr. SCHROCK. Madam Speaker, I Commonwealth of Virginia lost 18 men, yield 2 minutes to the gentleman from perhaps the most tragic loss of life for do not take lightly. These men were the epitome of both our country and Florida (Mr. BILIRAKIS). the Commonwealth since the Bedford the Air National Guard. The service Mr. BILIRAKIS. Madam Speaker, I unit of the Virginia National Guard that all the men and women of the thank the gentleman from Virginia was lost on D-Day. Guard give every day is a part of what (Mr. SCHROCK) and commend him for While time heals all wounds, it will this resolution. I know that it is not a take time. I can say with assurance makes our country great. Madam Speaker, our condolences go happy duty for him. that in this circumstance, it will take to their families. I therefore ask my Madam Speaker, I, too, rise in strong a long time. My heart goes out to the colleagues to join in passing House support of H. Con. Res. 47, a resolution families of these men. I am praying for Concurrent Resolution 47 to honor honoring the 21 members of the Na- all of them. However, Madam Speaker, these fallen men. tional Guard who were killed in the I would like to extend my condolences crash of the National Guard aircraft on directly to the families of Staff Ser- b 1330 March 3, 2001. Like all Americans, of geant Gregory Skurupey, Staff Ser- Mr. SCHROCK. Madam Speaker, I course, I am saddened by the news of geant James Ferguson, Technical Ser- yield 2 minutes to the gentleman from this very tragic plane crash. geant Michael East, Senior Airman Georgia (Mr. CHAMBLISS). The Army C–23 Sherpa and its flight Mathrew Kidd and Major Rick Wat- Mr. CHAMBLISS. Madam Speaker, I crew of three soldiers belonged to De- kins. thank the gentleman from Virginia tachment 1, 1st Battalion, 171st Avia- I pray that our Lord will grant these (Mr. SCHROCK) for bringing this resolu- tion in Lakeland, Florida. The 18 Air families comfort and solace in their tion forward. Guard members belonged to the 203rd time of loss. And I pray that these men Madam Speaker, I, too, want to ex- Red Horse Flight Engineering Unit and who so tragically died rest in peace and tend my sincere condolences to the were returning to Virginia from Flor- may His perpetual light shine on them. families of these brave soldiers who un- ida after spending 2 weeks of annual Mr. SISISKY. Madam Speaker, I fortunately died in this crash that oc- training at Hurlburt Field near Fort yield 3 minutes to the distinguished curred in my congressional district on Walton Beach. gentleman from Virginia (Mr. SCOTT). Saturday morning. I really want to tell One of the aircraft’s pilots, Eric Mr. SCOTT. Madam Speaker, I thank those folks how much we appreciate Larson, was from my congressional dis- the gentleman from Virginia for yield- the sacrifice that they have made, be- trict. On Monday, this past Monday, I ing me this time. cause in the military it is a family af- spoke with Eric’s wife Jennifer to ex- I rise to lend my name in support as fair. By families, we mean not only press my deepest sympathies to her a cosponsor of the resolution my es- other men and women who serve in and Eric’s family, but I also want to teemed colleagues from Hampton every branch of the military, but the send my heartfelt condolences to all of Roads, Virginia, have offered honoring close family ties that each of these the families killed in this tragic plane the 21 heroes who lost their lives in a men and women have with their own crash. plane crash last weekend. Eighteen of internal families. They are the ones Wearing a uniform of one’s nation, as the men were members of an Air Na- that suffer from this and we sure do ex- already has been said today, is never tional Guard unit stationed at Camp tend our condolences to them. easy, and this loss reminds us all of the Pendleton near Virginia Beach, Vir- I particularly want to recommend tremendous sacrifices made by our men ginia. and commend to the folks that were on and women in our Armed Forces. H680 CONGRESSIONAL RECORD — HOUSE March 7, 2001 The loss also reminds us that free- American service people. I am just ab- from Norfolk, and two from Chesapeake. Their dom does not come without a price. solutely amazed, and we are the commanders spoke highly of the Guardsmen, Too often we take for granted the luckiest people on earth, to have the reminiscing about how close they were, many many liberties we enjoy in America. quality of people that serve us, and the having worked construction together in their ci- We must never forget that they have mixture we have around the world in vilian jobs. Some served together in the 203d all been earned through the ultimate our reservists and National Guard peo- for more than 10 years. These were dedicated sacrifice paid by so many members of ple. And I would just hope that the and patriotic men who believed in serving their our Armed Forces. American public, who do not have the country. Again, Madam Speaker, I want to opportunity to see these young men Today, I join my colleagues in extending my send my deepest sympathy to the fami- and women, to see these young men condolences to the families of the fallen lies of those killed; and I urge my col- and women act in the responsible way guardsmen. Their patriotism should never be leagues to support H. Con. Res. 47. that they do not to make a lot of forgotten. Their sacrifices serve to remind us Mr. SISISKY. Madam Speaker, I re- money but to serve their country is in- that freedom should never be taken for grant- serve the balance of my time. deed a wonderful thing. These guards- ed. In training missions each and every day, Mr. SCHROCK. Madam Speaker, I men were the same way to sacrifice men and women in the Armed Forces risk yield 2 minutes to the gentleman from their lives. making the ultimate sacrifice to protect and Illinois (Mr. SHIMKUS). Mr. CRENSHAW. Madam Speaker, I rise defend America. We owe these guardsmen Mr. SHIMKUS. Madam Speaker, I today to support House Concurrent Resolution and their surviving family members a debt of thank the gentleman from Virginia 47 and express my condolences to the 21 gratitude. (Mr. SCHROCK) for yielding me this families that lost loved ones in the Florida Mr. JONES of North Carolina. Madam time. Army National Guard aircraft crash of March Speaker, I rise today in strong support of this Madam Speaker, the price of freedom 3, 2001. resolution offered by the gentleman from Vir- is eternal vigilance. The cost is the Every day, the men and women of the ginia, Mr. SCHROCK, and the gentleman from spilled blood of our sons and daughters. Armed Forces put their lives ont he line to pro- Indiana, Mr. HOSTETTLER. The accident that I rise today in support of this resolu- tect the freedoms we enjoy in the United occurred this past weekend in Georgia was in- tion paying tribute to the 21 members States. A vital part of our Nation’s protection deed a tragic one. Twenty-one citizen soldiers of the National Guard who were killed comes from the personnel of our National lost their lives on the way back from their an- on March 3. Guard personnel. The mission of our National nual 2-week training exercise. One of those soldiers, Master Ser- Guard force has increased over recent years One of the National Guardsmen, Master geant Michael Lane, was a native of in order to take on continued deployments and Sergeant Michael Lane, was from Moyock, Staunton, Illinois, in my congressional training missions throughout the world and North Carolina, which I have the privilege to district. Master Sergeant Lane was re- here at home. represent. As this resolution indicates, the membered by his aunt, Betty Roberson, The 21 individuals lost in this tragic crash thoughts and prayers of this Congress and when she spoke to the Alton Telegraph were training in Florida to be prepared for this nation are with the family and friends of earlier this week. Betty said, it is ter- whatever mission this nation asked them to the victims. However, it is important to ensure rible. We are all supposed to be out- undertake. They will be remembered as tire- that the tragic deaths of these 21 soldiers, as lived by our kids. less workers and positive examples to their well as the deaths of the 2 Marine aviators She noted that he was a super kid, families and communities. Many communities killed in a Harrier crash on February 3, the 6 the kind of kid that any parent would and organizations have been touched by this Army personnel killed in the Blackhawk acci- be proud of. A graduate of Staunton loss, but our Nation has felt the largest loss. dent on February 12, and the 2 Navy per- High School, Master Sergeant Lane This resolution allows Congress to honor sonnel killed in a T–45 Goshawk crash on was a straight A student, involved in the commitment and sacrifice given to this na- February 21, did not happen in vain. sports and particularly enjoyed coun- tion by the 21 military personnel lost on March These accidents should serve as stark re- try music and golf. Yet it was the love 3d. This accident will be felt for years to come minders that the freedoms America enjoys are of his parents and his country that as both the 203d Red Horse of the Virginia Air not without cost. Every day, the men and drove Michael to devote himself to the National Guard and the 1–171st Aviation Bat- women of our Armed Forces risk their lives in military and the defense of our free- talion of the Florida Army National Guard at- the defense of our national interests. It is a doms. tempt to replace their fallen colleagues. dangerous job whether they are stationed on Michael and his wife Roxanne lived Madam Speaker, it is with a heavy heart the DMZ in Korea or as these accidents dem- in North Carolina where he became a that we honor these guardsmen today. onstrate, training here at home. We owe it to full-time member of the Virginia Na- Mr. TOM DAVIS of Virginia. Madam Speak- these brave souls to support them, honor tional Guard. er, I support H. Con. Res. 47, a resolution them, and thank them for everything that they While each of the National Guard which honors the 21 members of the National and their predecessors have given us. members need to be recognized and de- Guard who were killed in the crash of a Na- I urge my colleagues to pass this resolution. serve recognition by this body and a tional Guard aircraft on March 3, 2001 in Most of all, I urge them to remember the sac- grateful nation, I must speak out on south-central Georgia. rifices made daily by both our men and behalf of Michael’s family and his The Florida Air National Guard plane that women in uniform and by their families. many friends to say thank you. was bringing 18 members of the Virginia Air Mr. REYES. Madam Speaker, it is with sad- Madam Speaker, we recognize Mi- National Guard home to Virginia Beach after 2 ness that we remember the 21 National Guard chael’s commitment to his principles, weeks of training in Florida crashed unexpect- members recently killed in the Saturday, his love of country and his family. We edly several days ago. The C–23 Sherpa twin- March 3, plane crash. Eighteen members of also know that he left this life while engine turboprop plane which included a crew the Virginia Air National Guard’s 203d Red training and preparing to defend our of three from the Florida Army National Guard, Horse Unit and 3 members of the Florida Air Nation. Yet his Aunt Betty said, know- lost control during a torrential rainstorm. National Guard perished when the C–23 Sher- ing that does not make your loss or the The passengers were members of the 203d pa plane in which they were traveling crashed loss of your comrades any easier. Red Horse Flight, a rapid-response engineer- in Unadilla, Georgia while en route from The price of freedom is eternal vigi- ing unit of the Virginia Air National Guard Hurlbert Field, Fort Walton Beach, Florida to lance. The cost is the blood of our sons based at Camp Pendleton State Military Res- Oceana Naval Air Station, Virginia Beach, Vir- and daughters. God bless the victims, ervation. Their mission is to deploy into re- ginia. Bad weather may have contributed to their families and the United States of mote areas and quickly construct housing, air- the crash, which left the plane in a plowed America. strips, and other critical infrastructure to sup- field, slippery with thick mud. The 203d is a Mr. SISISKY. Madam Speaker, I port military units. rapid response construction unit capable of yield myself such time as I may con- The men who perished while serving in the constructing runways and other critical facili- sume. 203d Red Horse Flight were fathers, hus- ties and has spent time in Kuwait and other Madam Speaker, I spent the last bands, and brothers. All of the victims were remote locations in the Middle East in recent week traveling to visit servicemen traditional members of the Guard, holding years. pretty much around the world, includ- down a civilian job while serving part-time. Six Having just completed 2 weeks of annual ing the Sinai Desert, where we have 860 Guardsmen were from Virginia Beach, three training, working in ditches and laying water, March 7, 2001 CONGRESSIONAL RECORD — HOUSE H681 sewer and electrical lines in Florida, these arrived. The aircraft crashed in Unadilla, Geor- The SPEAKER pro tempore. The Guard members were returning home to their gia, killing all 21 National Guardsmen on question is on the motion offered by families and civilian jobs. We cannot forget the board and forever leaving a void in the lives the gentleman from Florida (Mr. BILI- tremendous contribution that the National of the families and friends of those brave indi- RAKIS) that the House suspend the rules Guard makes to this country. These citizen viduals. and agree to the concurrent resolution, soldiers contribute to society in many ways. I wish to offer my most heart-felt condo- H. Con. Res. 31, on which the yeas and Both in civilian professions such as firefighter, lences to those affected by this terrible acci- nays are ordered. small business owner or attorney and in the dent. While it may be inadequate consolation, The vote was taken by electronic de- National Guard, contributing weekends and it is important to remember that all of these in- vice, and there were—yeas 418, nays 0, forfeiting vacations to participate in annual dividuals serve as a shining example of the not voting 14, as follows: training, National Guard members are pre- honor and self-sacrifice which has inspired the [Roll No. 30] pared and willing to serve this country when men and women of our armed forces through- YEAS—418 and where needed. Let us not forget these ad- out the history of our great country. All of Abercrombie Davis (IL) Holden mirable young men who served their country these individuals knew the inherent risks of Aderholt Davis, Jo Ann Holt honorably. They will be remembered for their military service, yet none of them backed Akin Davis, Tom Honda sacrifice. away from their commitment. Again, to the Allen Deal Hooley Andrews DeFazio Horn Ms. BROWN of Florida. Madam Speaker, families and friends of those killed in this trag- Armey DeGette Hostettler our thoughts and prayers are with the families ic crash, your Nation owes you the highest Baca Delahunt Houghton and loved ones of the 21 brave men who died debt of gratitude for this ultimate sacrifice Bachus DeLauro Hoyer Baird DeLay Hulshof while serving their nation. Serving in the mili- made by your loved ones in service of the Baker DeMint Hunter tary is a tough and demanding job not only for United States of America. Baldacci Deutsch Hutchinson those who choose to serve, but the families Mr. SISISKY. Madam Speaker, I Baldwin Diaz-Balart Hyde who are forced to live without them, who wave yield back the balance of my time. Ballenger Dicks Inslee Mr. SCHROCK. Madam Speaker, I Barcia Dingell Isakson goodbye knowing they may never see them Barr Doggett Israel again. I met recently with General Harrison yield back the balance of my time. Barrett Dooley Issa with the Florida National Guard, and we talked The SPEAKER pro tempore (Mrs. Bartlett Doyle Istook about the great work the guard was doing, all BIGGERT). The question is on the mo- Barton Dreier Jackson (IL) tion offered by the gentleman from Bass Duncan Jackson-Lee the while being called for more and more mis- Bentsen Dunn (TX) sions. We are particularly thankful for the Virginia (Mr. SCHROCK) that the House Bereuter Edwards Jefferson Guard in my home State of Florida because of suspend the rules and agree to the con- Berkley Ehlers Jenkins Berman Ehrlich John the great support they offer. Whether it’s fight- current resolution, H.Con.Res. 47. The question was taken. Berry Emerson Johnson (CT) ing our wildfires or preparing for our hurri- Biggert Engel Johnson (IL) canes, the Guard is always there for us in our The SPEAKER pro tempore. In the Bilirakis English Johnson, E. B. time of need. opinion of the Chair, two-thirds of Blagojevich Eshoo Jones (NC) those present have voted in the affirm- Blumenauer Etheridge Jones (OH) I speak for my colleagues and all my con- Blunt Evans Kanjorski stituents in thanking every man and woman ative. Boehlert Everett Kaptur who puts their life on the line for this country. Mr. SCHROCK. Madam Speaker, on Boehner Farr Keller Not just when tragedy strikes, but for everyday that I demand the yeas and nays. Bonilla Fattah Kelly The yeas and nays were ordered. Bonior Ferguson Kennedy (MN) that you protect us from harm. The SPEAKER pro tempore. Pursu- Bono Filner Kennedy (RI) Mr. STEARNS. Madam Speaker, I want to Borski Flake Kerns ant to clause 8 of rule XX and the thank the gentleman for introducing this reso- Boswell Fletcher Kildee Chair’s prior announcement, further Boucher Foley Kilpatrick lution. Our thoughts and prayers are with the proceedings on this motion will be Boyd Ford Kind (WI) families and friends of these soldiers, and this postponed. Brady (PA) Fossella King (NY) tragedy serves as a reminder of the sacrifices Brady (TX) Frank Kingston made by those who serve and protect our f Brown (FL) Frelinghuysen Kirk Brown (OH) Frost Kleczka country. As many of us know, the plane’s crew ANNOUNCEMENT BY THE SPEAKER Brown (SC) Gallegly Knollenberg were members of the 171st Aviation Battalion PRO TEMPORE Bryant Ganske Kolbe of the Army Air National Guard based in Lake- Burr Gekas Kucinich The SPEAKER pro tempore. Pursu- Burton Gephardt LaFalce land, Florida. I came to find out that the Com- ant to clause 8 of rule XX, the Chair Buyer Gibbons LaHood mand pilot, Chief Warrant Officer John Duce will now put the question on each mo- Callahan Gilchrest Lampson was from my district. I especially want to con- tion to suspend the rules on which fur- Calvert Gillmor Langevin vey my heartfelt sympathies to his wife, son, Camp Gilman Lantos ther proceedings were postponed ear- Cantor Gonzalez Largent and daughter. lier today in the order in which that Capito Goode Larsen (WA) It should be no surprise to those who knew motion was entertained. Capps Goodlatte Larson (CT) John Duce that he was an extremely dedi- Capuano Gordon Latham Votes will be taken in the following Cardin Goss Leach cated pilot and family man. He was a deco- order: Carson (IN) Graham Lee rated veteran, having served in Vietnam and House Concurrent Resolution 31, by Carson (OK) Granger Levin Desert Storm. It has been said that he was a the yeas and nays; Castle Graves Lewis (GA) man you would want to go into combat with. Chabot Green (TX) Lewis (KY) H.R. 624, as amended, by the yeas and Chambliss Green (WI) Linder Chief Warrant Officer John Duce, his co- nays; and Clay Greenwood Lipinski pilot Chief Warrant Officer Eric Larson, and House Concurrent Resolution 47, by Clayton Grucci LoBiondo Staff Sergeant Robert Ward, and the 18 Vir- the yeas and nays. Clement Gutierrez Lofgren ginia Guardsmen were all equally dedicated to Clyburn Gutknecht Lowey The Chair will reduce to 5 minutes Coble Hall (OH) Lucas (KY) their jobs, their families, and their commu- the time for any electronic vote after Collins Hall (TX) Lucas (OK) nities. The men and women in our armed the first such vote in this series. Combest Hansen Luther Condit Harman Maloney (CT) services place their lives on the line daily, f where even routine training missions can carry Conyers Hart Maloney (NY) EXPRESSING SENSE OF CONGRESS Cooksey Hastings (FL) Manzullo the same risk as actual combat. Costello Hastings (WA) Markey So I ask my colleagues to remember those REGARDING IMPORTANCE OF Cox Hayes Mascara who serve our Nation. They may not have the ORGAN, TISSUE, BONE MARROW Coyne Hayworth Matheson AND BLOOD DONATION AND SUP- Cramer Hefley Matsui notoriety, but their service is immeasurable. I Crane Herger McCarthy (MO) thank Mr. SCHROCK again for introducing this PORTING NATIONAL DONOR DAY Crenshaw Hill McCarthy (NY) resolution and urge its adoption. The SPEAKER pro tempore. The Crowley Hilleary McCollum Mr. COLLINS. Madam Speaker, on March pending business is the question of sus- Cubin Hilliard McCrery Culberson Hinchey McDermott 3, a C–23 Sherpa aircraft was returning 18 pending the rules and agreeing to the Cummings Hinojosa McGovern members of the Virginia National Guard to concurrent resolution, H.Con.Res. 31. Cunningham Hobson McHugh their home following two weeks of training The Clerk read the title of the con- Davis (CA) Hoeffel McInnis duty in Florida, and tragically, the plane never current resolution. Davis (FL) Hoekstra McIntyre H682 CONGRESSIONAL RECORD — HOUSE March 7, 2001 McKeon Quinn Souder pending the rules and passing the bill, McCarthy (NY) Platts Solis McKinney Radanovich Spence McCollum Pombo Souder McNulty Rahall Spratt H.R. 624, as amended. McCrery Pomeroy Spence Meehan Ramstad Stark The Clerk read the title of the bill. McDermott Portman Spratt Meek (FL) Rangel Stearns The SPEAKER pro tempore. The McGovern Price (NC) Stark Meeks (NY) Regula Stenholm McHugh Putnam Stearns Menendez Rehberg Strickland question is on the motion offered by McInnis Quinn Stenholm Mica Reyes Stump the gentleman from Florida (Mr. BILI- McIntyre Radanovich Strickland Millender- Reynolds Sununu RAKIS) that the House suspend the rules McKeon Rahall Stump McDonald Riley Sweeney and pass the bill, H.R. 624, as amended, McKinney Ramstad Sununu Miller (FL) Rivers Tancredo McNulty Rangel Sweeney Miller, Gary Rodriguez Tanner on which the yeas and nays are or- Meehan Regula Tancredo Miller, George Roemer Tauscher dered. Meek (FL) Rehberg Tanner Mink Rogers (KY) Tauzin This is a 5-minute vote. Meeks (NY) Reyes Tauscher Moakley Rogers (MI) Taylor (MS) Menendez Reynolds Taylor (MS) Mollohan Rohrabacher Taylor (NC) The vote was taken by electronic de- Mica Rivers Taylor (NC) Moore Ros-Lehtinen Terry vice, and there were—yeas 404, nays 0, Millender- Rodriguez Terry Moran (KS) Ross Thomas not voting 28, as follows: McDonald Roemer Thomas Moran (VA) Rothman Thompson (CA) Miller (FL) Rogers (KY) Thompson (CA) Morella Roybal-Allard Thompson (MS) [Roll No. 31] Miller, Gary Rogers (MI) Thompson (MS) Murtha Royce Thornberry YEAS—404 Miller, George Rohrabacher Thornberry Myrick Rush Thune Mink Ros-Lehtinen Thune Nadler Ryan (WI) Thurman Abercrombie Cummings Hilliard Moakley Ross Thurman Napolitano Ryun (KS) Tiahrt Aderholt Cunningham Hinchey Mollohan Rothman Tiahrt Neal Sabo Tierney Akin Davis (CA) Hinojosa Moore Roybal-Allard Tierney Nethercutt Sanchez Toomey Allen Davis (FL) Hobson Moran (KS) Royce Toomey Ney Sanders Towns Andrews Davis (IL) Hoeffel Moran (VA) Rush Towns Northup Sandlin Traficant Armey Davis, Jo Ann Hoekstra Morella Ryan (WI) Traficant Norwood Sawyer Turner Baca Davis, Tom Holden Murtha Ryun (KS) Turner Nussle Saxton Udall (CO) Bachus Deal Holt Myrick Sabo Udall (CO) Oberstar Scarborough Udall (NM) Baird DeFazio Hooley Nadler Sanchez Udall (NM) Obey Schaffer Upton Baker DeGette Horn Napolitano Sanders Upton Olver Schakowsky Velazquez Baldacci Delahunt Hostettler Neal Sandlin Velazquez Ortiz Schiff Visclosky Baldwin DeLauro Houghton Nethercutt Sawyer Visclosky Osborne Schrock Vitter Ballenger DeLay Hoyer Ney Saxton Vitter Ose Scott Walden Barcia DeMint Hulshof Northup Scarborough Walden Otter Sensenbrenner Walsh Barrett Deutsch Hunter Norwood Schakowsky Walsh Owens Serrano Wamp Bartlett Diaz-Balart Hutchinson Nussle Schiff Wamp Pallone Sessions Waters Barton Dicks Hyde Oberstar Schrock Waters Pascrell Shadegg Watkins Bass Dingell Inslee Obey Scott Watkins Pastor Shaw Watt (NC) Bentsen Doggett Isakson Olver Sensenbrenner Watt (NC) Paul Shays Watts (OK) Bereuter Dooley Israel Ortiz Serrano Watts (OK) Payne Sherman Waxman Berkley Doyle Issa Osborne Sessions Waxman Pelosi Sherwood Weiner Berman Dreier Jackson (IL) Ose Shaw Weiner Pence Shimkus Weldon (FL) Berry Duncan Jackson-Lee Otter Shays Weldon (FL) Peterson (MN) Simmons Weldon (PA) Biggert Dunn (TX) Owens Sherman Weldon (PA) Peterson (PA) Simpson Weller Bilirakis Edwards Jefferson Pallone Sherwood Weller Petri Sisisky Wexler Blagojevich Ehlers Jenkins Pascrell Shimkus Wexler Phelps Skeen Whitfield Blumenauer Ehrlich John Pastor Simmons Whitfield Pickering Skelton Wicker Blunt Emerson Johnson (CT) Payne Simpson Wicker Pitts Slaughter Wilson Boehlert Engel Johnson (IL) Pelosi Sisisky Wilson Platts Smith (MI) Wolf Boehner English Johnson, E. B. Pence Skeen Wolf Pombo Smith (NJ) Woolsey Bonilla Eshoo Jones (NC) Peterson (MN) Skelton Woolsey Pomeroy Smith (TX) Wu Bonior Etheridge Jones (OH) Peterson (PA) Slaughter Wu Portman Smith (WA) Wynn Bono Evans Kanjorski Petri Smith (NJ) Wynn Price (NC) Snyder Young (AK) Borski Everett Kaptur Phelps Smith (TX) Young (FL) Putnam Solis Young (FL) Boswell Farr Keller Pickering Smith (WA) Boucher Fattah Kelly Pitts Snyder NOT VOTING—14 Boyd Ferguson Kennedy (MN) Ackerman Johnson, Sam Roukema Brady (PA) Filner Kennedy (RI) NOT VOTING—28 Becerra LaTourette Shows Brady (TX) Fletcher Kerns Ackerman Istook Schaffer Bishop Lewis (CA) Stupak Brown (FL) Foley Kildee Barr Johnson, Sam Shadegg Cannon Oxley Tiberi Brown (OH) Ford Kilpatrick Becerra Largent Shows Doolittle Pryce (OH) Brown (SC) Fossella Kind (WI) Bishop LaTourette Smith (MI) Bryant Frank King (NY) Cubin Lewis (CA) Stupak b 1404 Burr Frelinghuysen Kingston Doolittle Oxley Tauzin Burton Frost Kirk Mr. GUTIERREZ changed his vote Flake Paul Tiberi Buyer Gallegly Kleczka Gilchrest Pryce (OH) Young (AK) from ‘‘nay’’ to ‘‘yea.’’ Callahan Ganske Knollenberg Herger Riley So (two-thirds having voted in favor Calvert Gekas Kolbe Honda Roukema thereof) the rules were suspended and Camp Gephardt Kucinich Cannon Gibbons LaFalce b 1414 the concurrent resolution was agreed Cantor Gillmor LaHood to. Capito Gilman Lampson So (two-thirds having voted in favor The result of the vote was announced Capps Gonzalez Langevin thereof) the rules were suspended and as above recorded. Capuano Goode Lantos the bill, as amended, was passed. Cardin Goodlatte Larsen (WA) The result of the vote was announced A motion to reconsider was laid on Carson (IN) Gordon Larson (CT) the table. Carson (OK) Goss Latham as above recorded. f Castle Graham Leach A motion to reconsider was laid on Chabot Granger Lee the table. ANNOUNCEMENT BY THE SPEAKER Chambliss Graves Levin Stated for: PRO TEMPORE Clay Green (TX) Lewis (GA) Clayton Green (WI) Lewis (KY) Mr. Smith of Michigan. Madam Speaker, on The SPEAKER pro tempore (Mrs. Clement Greenwood Linder rollcall No. 31 I was unavoidably detained. BIGGERT). Pursuant to clause 8 of rule Clyburn Grucci Lipinski Had I been present, I would have voted ‘‘yea.’’ XX, the Chair will reduce to 5 minutes Coble Gutierrez LoBiondo Mr. RILEY. Madam Speaker, I was unavoid- Collins Gutknecht Lofgren the minimum time for electronic vot- Combest Hall (OH) Lowey ably detained for rollcall No. 31, the Organ ing on each additional motion to sus- Condit Hall (TX) Lucas (KY) Donation Improvement Act. Had I been pend the rules on which the Chair has Conyers Hansen Lucas (OK) present I would have voted ‘‘yea.’’ Cooksey Harman Luther postponed further proceedings. Costello Hart Maloney (CT) f f Cox Hastings (FL) Maloney (NY) ANNOUNCEMENT BY THE SPEAKER Coyne Hastings (WA) Manzullo ORGAN DONATION IMPROVEMENT Cramer Hayes Markey PRO TEMPORE ACT OF 2001 Crane Hayworth Mascara The SPEAKER pro tempore. Without Crenshaw Hefley Matheson The SPEAKER pro tempore. The Crowley Hill Matsui objection, the next vote will be a 5- pending business is the question of sus- Culberson Hilleary McCarthy (MO) minute vote. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H683 There was no objection. were not notified when we did the col- REQUEST FOR EXTENSION OF DE- f loquy, the gentleman and I here last BATE TIME ON S.J. RES. 6, DIS- week, that this bill was coming up on APPROVING DEPARTMENT OF LEGISLATIVE PROGRAM the floor this week. It is a significant LABOR RULE RELATING TO (Mr. ARMEY asked and was given bill. It means a lot to many people in ERGONOMICS permission to address the House for 1 this country. You know the numbers as Mr. BONIOR. Madam Speaker, I ask minute.) well as I do. It affects 110 million work- Mr. ARMEY. Madam Speaker, I ask unanimous consent that the time that ers. We were not told that it would be was designated under the rule this to speak out of order for the purpose of before us this week, number one. making an announcement about the morning be extended from 60 minutes Secondly, we think an hour, 60 min- to an hour and 20 minutes evenly di- schedule. utes, on such a significant bill, divided Madam Speaker, I would like to ad- vided on each side. One hundred and 30 minutes on your side and 30 minutes twenty minutes. vise the Members that we will have on ours, is far too inadequate to deal this vote in just a few minutes, and Mr. ARMEY. Two hours. with something of this major propor- The SPEAKER pro tempore (Mrs. after that vote the House will go into tion, especially given that this review recess until approximately 5:30 this BIGGERT). Is there objection to the re- act is new. quest of the gentleman from Michigan? evening. Mr. ARMEY. Madam Speaker, I real- Mr. MCINNIS. Madam Speaker, I ob- When we reconvene between 5:30 and ly do not believe that it is valuable to ject. 6:00, we will begin the debate on the continue this discussion much longer, The SPEAKER pro tempore. Objec- ergonomics legislation. The rule calls but let me say that the gentleman is tion is heard. for 1 hour’s debate, so the body could correct in observing that there was no expect then to have a vote on the floor discussion about this bill during the f between 6:30 and 7:00 this evening. colloquy of last week because we did POINT OF ORDER Those Members who would desire to not know then that the Senate would be involved in that debate on that leg- send this bill to us. Mr. DICKS. Madam Speaker, point of islation would be advised to be pre- The Senate has sent this bill to us. It order. Did the person stand that ob- pared to be here by 5:30 this evening to is considered to be an important bill, jected? begin that debate. as witness the fact that this body, just The SPEAKER pro tempore. Yes, sev- Mr. BONIOR. Madam Speaker, will a few hours ago, voted a rule with clear eral Members stood and objected. The the gentleman yield? anticipation of bringing this legisla- RECORD will indicate Mr. MCINNIS stood Mr. ARMEY. I yield to the gentleman tion up tonight. So the body has ex- and objected. from Michigan. pressed its will on the rule, and the Mr. BONIOR. Madam Speaker, I f purpose of my announcement is to in- thank my colleague for informing us of form this body that we will indeed take HONORING 21 MEMBERS OF NA- the schedule for the rest of the day. TIONAL GUARD KILLED IN Madam Speaker, let me suggest to up this work, the rule for which you passed; and it will be taken up under CRASH ON MARCH 3, 2001 the gentleman from Texas (Mr. ARMEY) The SPEAKER pro tempore. The that since the other body debated this the conditions of that rule between 5:30 pending business is the question of sus- most important worker safety provi- and 6. Mr. BONIOR. Madam Speaker, if the pending the rules and agreeing to the sion, probably one of the more impor- gentleman will continue to yield, we concurrent resolution, H. Con. Res. 47. tant ones we have had in a decade, for are trying to do this in a civil way. I The Clerk read the title of the con- 10 hours, why we cannot in the interim understand the gentleman’s point. I current resolution. between now and 5:30 extend the time wish Members on their side of the aisle The SPEAKER pro tempore. The so that Members who wish to speak on would listen and try to understand our question is on the motion offered by this on both sides of the aisle would position because we are trying to make the gentleman from Virginia (Mr. have proper time to develop their argu- a point. I have heard the gentleman’s SCHROCK) that the House suspend the ments. It seems to me that an hour is far too explanation. Some I agree with; some I rules and agree to the concurrent reso- insufficient to deal with the issue of do not agree with. There is no neces- lution, H. Con. Res. 47, on which the this magnitude. sity to bring this bill up just because yeas and nays are ordered. Madam Speaker, I would request the the Senate, the other body, acted on it This will be a 5-minute vote. gentleman from Texas (Mr. ARMEY), recently, especially in lieu of the fact The vote was taken by electronic de- the majority leader, to give us some that as I said earlier, we were not given vice, and there were—yeas 413, nays 0, extra time so we can debate this fully. notice that this bill was coming up. not voting 19, as follows: We are prepared to deal with it [Roll No. 32] b 1415 today, but we are not prepared to deal YEAS—413 with it at 5:30 with an hour debate Mr. ARMEY. Madam Speaker, I Abercrombie Blunt Carson (OK) thank the gentleman for his inquiry. when we go into recess when we have Aderholt Boehlert Castle Let me say, Madam Speaker, one of the got plenty of time to give Members on Akin Boehner Chabot fascinating aspects of the other body is the floor of the House to express them- Allen Bonilla Chambliss Andrews Bonior Clay that a 10-hour period of debate is selves. We will not have a proper de- Armey Bono Clayton known in the other body as expedited bate on one of the most important Baca Borski Clement procedure. They adhere to that min- pieces of legislation we will have before Bachus Boswell Clyburn us this year. Why we cannot get an Baird Boucher Coble imum amount of time under which Baker Boyd Collins they can consider legislation. extra hour for debate is beyond me be- Baldacci Brady (PA) Combest We have a rule, a rule that has been tween now and this hiatus of 5:30. If it Baldwin Brady (TX) Condit passed by the House, that calls for an is in order, I would like to move and Ballenger Brown (FL) Conyers Barcia Brown (OH) Costello hour’s debate. The House, having ex- ask unanimous consent that we add an- Barr Brown (SC) Cox pressed its will on that rule, clearly other hour of debate to the rule that Barrett Bryant Coyne has committed itself to that course of was passed just recently. Bartlett Burr Cramer action, voted on by the House; and that Mr. ARMEY. Madam Speaker, I be- Barton Burton Crane Bass Buyer Crenshaw time will begin between 5:30 and 6. lieve I control the time. The gentleman Bentsen Calvert Crowley Mr. BONIOR. Will the gentleman is going to ask me to yield him time Bereuter Camp Culberson continue to yield? for the purpose of a unanimous consent Berkley Cannon Cummings Mr. ARMEY. I am happy to continue Berman Cantor Cunningham request. Berry Capito Davis (CA) to yield to the gentleman from Michi- Mr. BONIOR. Madam Speaker, that is Biggert Capps Davis (FL) gan. correct. Bilirakis Capuano Davis (IL) Mr. BONIOR. I would say to my Mr. ARMEY. I yield to the gentleman Blagojevich Cardin Davis, Jo Ann friend from Texas, number one, we from Michigan. Blumenauer Carson (IN) Davis, Tom H684 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Deal Jefferson Otter Tiahrt Walden Wexler There was no objection. DeFazio Jenkins Owens Tierney Walsh Whitfield The SPEAKER pro tempore. Addi- DeGette John Pallone Toomey Wamp Wicker Delahunt Johnson (CT) Pascrell Towns Waters Wilson tional Members will be designated at a DeLauro Johnson (IL) Pastor Traficant Watkins Wolf later time. Turner Watt (NC) Woolsey DeLay Johnson, E. B. Paul f DeMint Jones (NC) Payne Udall (CO) Watts (OK) Wu Deutsch Jones (OH) Pelosi Udall (NM) Waxman Wynn DISAPPROVING DEPARTMENT OF Diaz-Balart Kanjorski Pence Upton Weiner Young (AK) LABOR RULE RELATING TO Dicks Kaptur Peterson (MN) Velazquez Weldon (FL) Young (FL) Dingell Keller Peterson (PA) Visclosky Weldon (PA) ERGONOMICS Doggett Kelly Petri Vitter Weller Mr. BOEHNER. Mr. Speaker, pursu- Dooley Kennedy (MN) Phelps NOT VOTING—19 Doyle Kennedy (RI) Pickering ant to House Resolution 79, I call up Dreier Kerns Pitts Ackerman Herger Sanchez the Senate joint resolution (S.J. Res. 6) Duncan Kildee Platts Becerra Johnson, Sam Shadegg providing for congressional disapproval Dunn Kilpatrick Pombo Bishop LaTourette Shows of the rule submitted by the Depart- Edwards Kind (WI) Pomeroy Callahan Lewis (CA) Stupak Ehlers King (NY) Portman Cooksey Oxley Tiberi ment of Labor under chapter 8 of title Ehrlich Kingston Price (NC) Cubin Pryce (OH) 5, United States Code, relating to Emerson Kirk Putnam Doolittle Rush ergonomics, and ask for its immediate Engel Kleczka Quinn b 1432 consideration. English Knollenberg Radanovich The Clerk read the title of the Senate Eshoo Kolbe Rahall So (two-thirds having voted in favor Etheridge Kucinich Ramstad joint resolution. Evans LaFalce Rangel thereof) the rules were suspended and The text of the Senate joint resolu- Everett LaHood Regula the concurrent resolution was agreed tion is as follows: Farr Lampson Rehberg to. S.J. RES. 6 Fattah Langevin Reyes The result of the vote was announced Ferguson Lantos Reynolds Resolved by the Senate and House of Rep- Filner Largent Riley as above recorded. resentatives of the United States of America in Flake Larsen (WA) Rivers A motion to reconsider was laid on Congress assembled, That Congress dis- Fletcher Larson (CT) Rodriguez the table. approves the rule submitted by the Depart- Foley Latham Roemer ment of Labor relating to ergonomics (pub- Ford Leach Rogers (KY) f Fossella Lee Rogers (MI) lished at 65 Fed. Reg. 68261 (2000)), and such Frank Levin Rohrabacher RECESS rule shall have no force or effect. Frelinghuysen Lewis (GA) Ros-Lehtinen The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. Pursu- Frost Lewis (KY) Ross ant to House Resolution 79, the gen- Gallegly Linder Rothman BIGGERT). Pursuant to clause 12 of rule Ganske Lipinski Roukema I, the Chair declares the House in re- tleman from Ohio (Mr. BOEHNER) and Gekas LoBiondo Roybal-Allard cess subject to the call of the Chair. the gentleman from California (Mr. Gephardt Lofgren Royce Accordingly (at 2 o’clock and 31 min- GEORGE MILLER) each will control 30 Gibbons Lowey Ryan (WI) minutes. Gilchrest Lucas (KY) Ryun (KS) utes p.m.), the House stood in recess Gillmor Lucas (OK) Sabo subject to the call of the Chair. The Chair recognizes the gentleman Gilman Luther Sanders from Ohio (Mr. BOEHNER). f Gonzalez Maloney (CT) Sandlin GENERAL LEAVE Goode Maloney (NY) Sawyer Goodlatte Manzullo Saxton b 1747 Mr. BOEHNER. Mr. Speaker, I ask unanimous consent that all Members Gordon Markey Scarborough COMMUNICATION FROM HON. RICH- Goss Mascara Schaffer may have 5 legislative days within Graham Matheson Schakowsky ARD A. GEPHARDT, DEMOCRATIC which to revise and extend their re- Granger Matsui Schiff LEADER Graves McCarthy (MO) Schrock marks on S.J. Res. 6. Green (TX) McCarthy (NY) Scott The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Is there Green (WI) McCollum Sensenbrenner fore the House the following commu- objection to the request of the gen- Greenwood McCrery Serrano nication from RICHARD A. GEPHARDT, tleman from Ohio? Grucci McDermott Sessions Gutierrez McGovern Shaw Democratic Leader: There was no objection. Gutknecht McHugh Shays HOUSE OF REPRESENTATIVES, Mr. BOEHNER. Mr. Speaker, I yield Hall (OH) McInnis Sherman OFFICE OF THE DEMOCRATIC LEADER, myself such time as I may consume. Hall (TX) McIntyre Sherwood Washington, DC, March 7, 2001. Mr. Speaker, I am pleased to bring Hansen McKeon Shimkus Harman McKinney Simmons Hon. J. DENNIS HASTERT, this matter of great importance to our Hart McNulty Simpson Speaker, House of Representatives, U.S. Capitol, economy to the floor of the House for Hastings (FL) Meehan Sisisky Washington, DC. debate. For the first time the House Hastings (WA) Meek (FL) Skeen DEAR MR. SPEAKER: Pursuant to clause will act under the auspices of the Con- Hayes Meeks (NY) Skelton 5(a)(4)(A) of Rule X of the Rules of the House gressional Review Act of 1996. We do so Hayworth Menendez Slaughter of Representatives I designate the following Hefley Mica Smith (MI) Member to be available for service on an in- because of the over-reaching Hill Millender- Smith (NJ) ergonomics regulation finalized by the Hilleary McDonald Smith (TX) vestigative subcommittee of the Committee Hilliard Miller (FL) Smith (WA) on Standards of Official Conduct: Occupational Safety and Health Ad- Hinchey Miller, Gary Snyder Mr. Clyburn of South Carolina. ministration last November. Hinojosa Miller, George Solis Sincerely, The ergonomics regulation has long Hobson Mink Souder RICHARD A. GEPHARDT, been the subject of much debate in this Hoeffel Moakley Spence Democratic Leader. Hoekstra Mollohan Spratt House. Yet despite the efforts of so Holden Moore Stark f many in Congress to get OSHA’s atten- Holt Moran (KS) Stearns tion about specific concerns with APPOINTMENT OF MEMBER TO IN- Honda Moran (VA) Stenholm ergonomics regulations, the regulators Hooley Morella Strickland VESTIGATIVE SUBCOMMITTEES have not listened. Horn Murtha Stump OF COMMITTEE ON STANDARDS Hostettler Myrick Sununu Well, contrary to the belief of many, Houghton Nadler Sweeney OF OFFICIAL CONDUCT Congress is neither a bit player nor an Hoyer Napolitano Tancredo The SPEAKER pro tempore (Mr. innocent bystander in the regulatory Hulshof Neal Tanner Hunter Nethercutt Tauscher HANSEN). Without objection, and pursu- process. In considering this joint reso- Hutchinson Ney Tauzin ant to clause 5(a)(4)(A) of rule X, the lution, Congress will demonstrate that Hyde Northup Taylor (MS) Chair announces the Speaker’s ap- we do indeed read the fine print in the Inslee Norwood Taylor (NC) Isakson Nussle Terry pointment of the following Member of Code of Federal Regulations. Israel Oberstar Thomas the House to serve on investigative Since the ergonomics regulation Issa Obey Thompson (CA) subcommittees of the Committee on went into effect 4 days before the start Istook Olver Thompson (MS) Standards of Official Conduct for the of the new administration, I have heard Jackson (IL) Ortiz Thornberry Jackson-Lee Osborne Thune 107th Congress: from numerous companies and associa- (TX) Ose Thurman Mr. HULSHOF of Missouri. tions employing hundreds of thousands March 7, 2001 CONGRESSIONAL RECORD — HOUSE H685 of workers. Each one has asked that for their family. Some of them lose the This is legislation that simply says a the House pass a joint resolution of dis- ability to even ever go back to work, standard written by the Labor Depart- approval on this ergonomics regula- they are so badly damaged. But one of ment is very bad. It does not mean we tion. And why is that? the things we know is that most of cannot come back and have decent Not because they are anti-worker or these injuries are preventable. standards. But when we have one that opposed to safety and health protec- The workplace can be adjusted. We is bad and wrong and it will hurt the tions in the workplace. Many of these see it all of the time, in the super- workers and patients, then we should employers already have their own well- market, in the offices, in the hospitals. do away with it and begin again. established ergonomics programs in We have made adjustments to try to I do not think this is an argument place. Now they find themselves con- protect these workers. But what this about science. The National Academy fronted with an unworkable, excessive legislation does today, it says you can- of Science has said, yes, there is such a regulation that will create more prob- not have this standard as a matter of thing as musculoskeletal pain. We all lems than it solves. national right. So if you do not have agree there is such a thing as repet- We will hear much today about the protection in that workplace, if you do itive motion injury and it can occur in congressionally mandated National not have protection in that State that the workplace. But it gets very cloudy Academy of Sciences study on mus- is adequate, you do not get it now, be- at that point. It is not clear what they culoskeletal disorders in the work- cause if we vote to repeal the standard mean by that. For the record I will tell place. Let me make two important ob- that is now on the books to protect Members exactly what the National servations about that study. First, de- workers, we do not get to come back. Academy says. They said this is a very spite Congress’ desires that OSHA wait I appreciate what the Secretary of complex nature of musculoskeletal dis- until completion of the National Acad- Labor has said. But the law as written order phenomenon and it makes it very emy study before going forward with says you do not get to come back and difficult to regulate in the workplace an ergonomics regulation, OSHA com- write an equivalent standard, a stand- with any precision. They go on to say pleted its ergonomics regulation with- ard that is similar to this, because that the common musculoskeletal dis- out the benefit of the National Acad- then someone will take you to court order is uniquely caused by work expo- emy study. and you will be violating the law. This sures. Secondly, while the study confirms is about the repeal of the protections of I urge us all to do away with this that MSDs are a problem and there are 6 million workers who go to work every rule. ways to help alleviate them in the day. Mr. GEORGE MILLER of California. workplace, many of which are already I do not know if my colleagues recog- Mr. Speaker, I yield 2 minutes to the being done by employers, the National nize them when the Fed Ex driver gentlewoman from New York (Mrs. Academy of Sciences study does not comes to their door. I do not know if LOWEY). offer an opinion or endorsement of this they recognize these workers as the Mrs. LOWEY. Mr. Speaker, I rise in ergonomics rule. flight attendants who are wearing strong opposition to this joint resolu- Again, no one is opposed to providing braces on their wrists. I do not know if tion. Here we go again. This is yet an- appropriate ergonomics protections in they recognize them at Wal-Mart and other attempt to block the protection the workplace. The Secretary of Labor Home Depot as they are wearing belts of the American worker from repet- has indicated her intent to pursue a around their back, as they are wearing itive stress injuries. My colleagues, comprehensive approach to ergonomics braces on their wrist because of those enough is enough. The science exists. protections. I look forward to working activities, but those are the people The evidence has been gathered. The with her and my colleagues on such an that make America go. The least they public comment has been heard. And effort. But this ergonomics rule that ought to have is protection against frankly our experiences in our own of- we are debating today cannot stand, those damaging kinds of injuries. The fices confirms it. We will fight to keep and I strongly urge my colleagues to least they ought to have is compensa- these rules. We will fight for the Amer- support the resolution of disapproval. tion to take care of them. And they ican worker. We will fight for what is Mr. Speaker, I reserve the balance of ought to understand that we ought to right. my time. be trying to improve these workplaces. Each year, more than 650,000 Ameri- Mr. GEORGE MILLER of California. When we do it, we save employers mil- cans suffer disorders caused by repet- Mr. Speaker, I yield myself 3 minutes. lions of dollars. When we do it, we keep itive motion, heavy lifting or awkward (Mr. GEORGE MILLER of California workers from getting injured. postures that occur in the workplace. asked and was given permission to re- But this now says that we are not These disorders account for more than vise and extend his remarks.) going to have that as a matter of a third of all workplace injuries. Imple- Mr. GEORGE MILLER of California. standard. This now says that we are mentation of these rules would save Mr. Speaker, the matter before the going to take 10 years of medical evi- workers and employers more than $9 House tonight is nothing more than a dence, 10 years of scientific evidence, 10 billion each year and increase produc- frontal assault on the rights of mil- years of testimony by workers, men tivity and lower health care costs. We lions of workers, millions of workers and women all across this country, must try our best to prevent these in- who get up and go to work every day about the damage that they have suf- juries. These are serious health prob- and work hard on behalf of their em- fered and the manner in which it can lems and OSHA should be able to work ployer and on behalf of their family so be prevented. And in 1 hour of debate with employers and employees to pre- they can provide for their family, so tonight, we are going to throw that ar- vent and relieve them. It is time to they can provide a standard of living gument out. We are going to throw stop these injuries. It is time to live up that they desire for their children. these standards out. We are going to to our obligation to protect American In the process of working every day, take this protection away from Amer- workers. Vote no on this resolution. many of these workers suffer injuries ica’s working men and women. It is not to their hands, wrists, to their back fair to them. It is not fair to their fam- b 1800 and neck because they have repetitive ilies. It is not fair to the standard of motion in their jobs. Whether they are living that they are trying to main- Mr. BOEHNER. Mr. Speaker, I yield keypunch operators, whether they tain. 11⁄2 minutes to the gentleman from work in a warehouse, whether they I would urge that we vote against North Carolina (Mr. BALLENGER). work as a baggage handler or waitress this resolution. Mr. BALLENGER. Mr. Speaker, I or waiter in a restaurant, whether they Mr. BOEHNER. Mr. Speaker, I yield 1 thank the gentleman from Ohio (Mr. work in a lumber mill or hospital, minute to the gentleman from Georgia BOEHNER) for yielding me this time. these workers suffer these injuries, (Mr. NORWOOD), the chairman of the Mr. Speaker, throughout my tenure some 600,000 of them every year. OSHA subcommittee. on the Committee on Education and As a result of these injuries, these Mr. NORWOOD. Mr. Speaker, I would the Workforce, I have opposed the cost- workers lose wages, they lose hours of like to take this quickly and make it ly and overreaching ergonomics stand- work, they lose the ability to provide very clear what this is about today. ard that was finalized by the Clinton H686 CONGRESSIONAL RECORD — HOUSE March 7, 2001 administration. I believe this ill-con- This motion represents a betrayal of under the Congressional Review Act which ceived regulation will have a detri- promises made to the women of Amer- regulates the Ergonomics Standard. Every mental effect on American business ica. In 1998, the House Committee on year, more than 600,000 U.S. workers suffer and its workers. Appropriations majority report stated painful repetitive strain and back injuries on This ergonomics regulation is very the committee will refrain from any the job. These ‘‘ergonomic’’ injuries are broad and presumes that every muscle further restrictions with regard to the caused by heavy lifting, repetitive work and strain and pain is caused by work in- development, promulgation or issuance poorly designed jobs. Ergonomic injuries are stead of gardening on the weekend or of an ergonomics standard following the biggest job safety problem U.S. workers playing football with friends. How can fiscal year 1998. face. business correct or why should it be re- The chairman signed and sent a let- As the Co-Chair of the Congressional Cau- sponsible for pains that do not occur at ter reiterating that promise. What we cus on Women’s Issues, I am particularly con- the workplace? How could business pos- have here are broken promises, broken cerned about the disproportionate effect re- sibly be expected to control these bodies, broken faith in government. pealing ergonomics standards will have on costs? This ought to be defeated. women. Last fall, the gentleman from New Mr BOEHNER. Mr. Speaker, I yield Women workers are particularly affected by York (Mr. OWENS) and I passed the 11⁄2 minutes to the gentleman from Mis- these injuries. Women make up 46 percent of OSHA Needlestick legislation, and it souri (Mr. BLUNT), the chief deputy the overall workforce, but in 1998 in fact ac- was bipartisan and bicameral. The dif- whip of the House. counted for 64 percent of repetitive motion in- ference between that legislation that Mr. BLUNT. Mr. Speaker, I thank juries (42,347 out of 65,866 reported cases) we passed and this one is the fact that the gentleman from Ohio (Mr. and 71 percent of reported carpal tunnel syn- we targeted a specific problem and we BOEHNER) for yielding me this time. drome cases (18,719 out of 26,266 reported solved it with a flexible solution that is Mr. Speaker, I am also glad to see cases). There is strong consensus within the endorsed by both employers and em- the Congress using for the first time scientific community, based on an extensive ployees. the Congressional Review Act. It has body of evidence that the consequences of This ergonomics standard, on the been very comfortable for a long time ergonomics-related illnesses are serious and other hand, targets every motion of to not use this act. This act was not on must be addressed. every work activity and gives no spe- the books until 1996, and to say that we Janie Jones told a group the carpal tunnel cific solutions. Not giving employers cannot do anything about regulation syndrome she developed in both her hands specific targets and solutions is unfair no matter what the cost, no matter came after working in a poultry plant where for both workers and employers. Amer- what the cost to competitiveness, no she and other workers on the deboning line ican workers deserve better. matter how ill-conceived it is, no mat- were expected to process 28 chickens a Even OSHA is projecting that this ter how unbased it is on true science, minute—some 1,680 an hour—with just a 15- standard will prevent only 50 percent of we could not do anything, has been a minute break in the morning and one in the the problems it seeks to fix. However, great excuse for the Congress to use for afternoon plus a 30-minute lunch break. This that same regulation is estimated to decades now. should be unconscionable here in America. Ms. Jones reported that even after having cost the American business at least Many Members on the floor today surgery to try to relieve the pain, it was still $100 billion. Why would one risk bank- voted in 1996 to give the Congress the difficult for her to do housework and cooking. rupting business with a broad Federal authority to use the Congressional Re- She said if OSHA’s ergonomics standard had regulation when many industries, such view Act. My good friend, the gen- been in effect while she was on the deboning as poultry, have voluntarily imple- tleman from Ohio (Mr. KUCINICH), just line, her hands wouldn’t be riddled with crip- mented programs which have reduced said that this could not be addressed pling pain today. repetitive trauma disorders to almost again. Mr. Speaker, it is imperative to protect the When we look at the legislative his- 50 percent or 46 percent, in 5 years? ergonomics standard so that workers across I urge my colleagues to vote for this tory of the Congressional Review Act, this nation, many of whom are women, will resolution. Let us protect American it is clear that this issue can be ad- have the opportunity to continue working in business and, most importantly, Amer- dressed again. In fact, the Secretary of safe and productive environments. ican jobs. Labor said today and earlier this week Mr. GEORGE MILLER of California. Mr. GEORGE MILLER of California. as well that she intended to start im- Mr. Speaker, I yield 2 minutes to the 1 Mr. Speaker, I yield 1 ⁄2 minutes to the mediately looking at a more common gentleman from Wisconsin (Mr. OBEY). gentleman from Ohio (Mr. KUCINICH). sense way to really address these prob- Mr. OBEY. Mr. Speaker, this resolu- Mr. KUCINICH. Mr. Speaker, I am lems. tion is a disgrace. I do not agree with glad my good friend mentioned busi- The legislative history states that every aspect of the rule that OSHA ness because from a business perspec- the same regulation cannot be sent adopted; but if one disagrees with it, tive this motion is narrow minded. A back essentially with one or two words the proper way to change it is to have productive workforce is a healthy and changed. It talks about not being able the Department of Labor propose skilled workforce. to send back similar regulation. When changes, have an open hearing and When workplace injuries cause work- we look carefully, it is clear that we comment process and then come up ers to take time away, businesses have can send back regulations in the same with changes to the rule. to train new workers and pay higher area; in this case, regulations that still Instead, what this action does is it worker’s compensation premiums. All allow American businesses to compete, represents a blanket wipe-out of vir- of these costs will get higher and high- that ensure that we maintain jobs tually every protection that workers er if this motion passes. That esca- rather than lose jobs; that ensure that have in this country from repetitive lation will cut into productivity and this set of regulations can be brought motion injuries. It was done without render American business less competi- back in a much different and better notice, without hearings, without con- tive in the future. way. sultation and without any spirit of Beyond that, this motion will stop Mr. GEORGE MILLER of California. compromise whatsoever. OSHA from protecting Americans Mr. Speaker, I yield such time as she If there is any remaining illusion in against repetitive stress disorder, car- may consume to the gentlewoman from this House that the House leadership is pal tunnel syndrome and the physical California (Ms. MILLENDER-MCDONALD). interested in bipartisanship, this is ex- injuries that workers sustain every (Ms. MILLENDER-MCDONALD hibit number one in the fact that that day. Many of these millions are asked and was given permission to re- is pure fiction. women. They are our mothers, our vise and extend her remarks.) It is very easy for Members of Con- aunts, our sisters and our daughters. Ms. MILLENDER-McDONALD. Mr. gress to vote to do away with these Each year 400,000 women workers suf- Speaker, I rise in opposition to this protections for workers because the fer injuries from dangerously designed joint resolution on behalf of the women only repetitive motion injury that jobs. Sixty-nine percent of all workers of the Nation. Members of Congress are likely to get who suffer from carpal tunnel syn- Mr. Speaker, I rise in opposition to the Joint is to their knees from consistent genu- drome are women. Resolution which repeals a job safety measure flecting to every special interest in March 7, 2001 CONGRESSIONAL RECORD — HOUSE H687 this country. But the real workers of the employer and the employee to re- going to stop this ship before it hits this country, the people who work with solve these situations. the iceberg and we are going to bring it the sweat of their brows, the people The rule is a very short rule, 9 pages. home safely and it is going to be safer who lift weight that is too heavy, the It is very clear. It is flexible, and if it for the workers on board American people who go through motions that were not flexible we would hear com- businesses. are too injurious over time, the people plaints about how it was too rigid and Mr. GEORGE MILLER of California. I meet every day in plants as I go prescriptive, but it is flexible. The em- Mr. Speaker, I yield 2 minutes to the through my district, those are the peo- ployees and employers can work out gentlewoman from Hawaii (Mrs. MINK). ple who expect us to do our duty and solutions to it in the best way possible, (Mrs. MINK of Hawaii asked and was stand up for them because they are too and it can happen and should happen given permission to revise and extend busy to stand up for themselves. for the number of injuries that go on her remarks.) Do what is right. Vote no on this res- year in and year out. Mrs. MINK of Hawaii. Mr. Speaker, olution. For a few businesses that have this this legislation that we are being asked Mr. BOEHNER. Mr. Speaker, I yield continued practice and refuse to deal to vote on today is a piece of legisla- 11⁄2 minutes to the gentleman from with it, they have cast aside millions tion which will actually be injurious to Iowa (Mr. GANSKE), a surgeon in the of workers and their problems. Let me thousands of women all across this House. say every time there is a regulation, country. The women are the ones who Mr. GANSKE. Mr. Speaker, I am the we hear from industry how it is going hold down the lowest paying jobs in only Member of Congress who has oper- to be the ruination of the industry. this country. They are the most that ated on patients with repetitive stress Back in 1995, the Office of Tech- are on minimum wage, and they are injury. I am a member of the American nology Assessment released a study of the ones who are affected by the type Society for Surgery of the Hand and six OSHA rules. Every single one of of injuries that we are attempting to the American Association of Hand Sur- them the industry said would be the find some sort of protective safety reg- geons. I have taken care of hundreds of ruin of business; but in the end, it ulations. patients with these problems. turned out that they had overesti- All of us know when we deal with our There are thousands of hand surgeons mated the cost from between 50 to 300 own health, we believe that preventive around the country who share my times. In fact, in five out of six of those measures are the things that are going views on this. I share, we share, instances, the OSHA estimates were to save our lives. There is no one here OSHA’s concerns about the health and the correct estimates; or, in fact, they that would vote against preventive safety of workers and are dedicated to were overestimates. So that they were health measures, and yet today the help prevent workplace injuries. How- not as ruinous. In fact, they did resolve majority of this body is asking the leg- ever, we believe that OSHA’s new things to get people a better, healthier islature here to vote against preventive ergonomics rules are not founded on ‘‘a way of conducting their business. worker safety legislation that will substantial body of evidence’’. This is not a practice that should be have the effect of saving tens of thou- We agree with the National Research condoned. We have a process. This sands of people from having to be laid Council that we need a much better un- process is being cast aside for purely off their jobs; lost productivity for that derstanding of the mechanisms that political reasons in many instances. particular business. It just does not underlie the relationships between the The fact of the matter is, the process make sense. causal factors and outcomes. worked. It was started by a Republican All this legislation is that the OSHA This rule, in our opinion, could actu- Secretary of Labor. The understanding people are trying to advocate for is ally harm workers. For instance, OSHA has always been there that these inju- worker safety. Who can be against describes ‘‘observable’’ physical science ries are harmful and can be resolved. It worker safety? that constitute a recordable musculo- continues on now. As I said, in 10 min- There are thousands of people out skeletal disease. These signs include utes, they are being cast aside and there who have to go home, injured increased grip strength or range of mo- casting aside millions of people who from their jobs, who cannot find a bet- tion. Any hand surgeon in the country rely on this government and this proc- ter way to save themselves because knows that those are highly subjective ess to find ways to make it safer for their employers do not put into effect findings. Truly objective findings like them to be at work. In the end, it is those measures that can save them atrophy, reflex changes, electro- better for business. from this type of injury. So it just is diagnostic abnormalities and certain Mr. NORWOOD. Mr. Speaker, I yield mind-boggling to me that the majority imaging findings are not what precipi- 1 minute to the gentleman from Okla- of this body is asking the Congress to tate the recordings. The MSD symp- homa (Mr. ISTOOK). eradicate the safety measures that toms in the rule do not require those Mr. ISTOOK. Mr. Speaker, I support have been put into effect after 10 years objective verifications in order to be this measure wholeheartedly. If we do of careful consideration. ‘‘recordable’’. not, what we have before us with the This is not just an idle postponement So, in my opinion, this places too proposed regulations, those are the Ti- or a moratorium. This is the finale. If much responsibility on the employer to tanic. It is headed straight for the ice- we vote on this measure today, there make a correct diagnosis. berg. But before businesses have to will be no possibility for the Depart- Mr. GEORGE MILLER of California. abandon ship, before workers have to ment or for OSHA or for anybody to Mr. Speaker, I yield 2 minutes to the hit the lifeboats, we are stopping the come forward with regulations that gentleman from Massachusetts (Mr. engines. We are saying we are going to will provide worker safety. In the name TIERNEY). bring this thing to a safe halt and steer of preventive measures for the women Mr. TIERNEY. Mr. Speaker, let us be a safer course. of this country, I ask for a no vote. clear about what is going on here. In The Secretary of Labor, the former the space of about 10 minutes, people Secretary of Labor, I had the chance to b 1815 that supported the Republican Party in visit with last year about these provi- Mr. NORWOOD. Mr. Speaker, it is a the last campaign have gotten them to sions that they are proposing. They pleasure to yield 1 minute to the gen- step forward and do away with rules were going to hire 300 brand-new peo- tleman from Texas (Mr. CULBERSON), a and regulations that took some 10 ple, train them for 30 days, hundreds fine member of this subcommittee. years to devise and promulgate. We and thousands of pages of these red- (Mr. CULBERSON asked and was have had hearing after hearing, study tape strangling, minute jargon regula- given permission to revise and extend after study, thousands of studies, all of tions, and put them in charge of micro- his remarks.) which come to the conclusion that managing businesses all across the Mr. CULBERSON. Mr. Speaker, I MSD injuries do happen in the work- country; millions of workers under the thank the gentleman from Georgia for place and are related to the kinds of re- command of these brand-new govern- yielding me this time. petitive practice that go on there and ment bureaucrats. That is a formula I rise today in very strong support of can be resolved with very reasonable for disaster. That is a disaster that is the repeal of this rule and to point out solutions, reasonable efforts between not going to happen this time. We are to my fellow Members and Americans H688 CONGRESSIONAL RECORD — HOUSE March 7, 2001 listening here tonight that the Em- the Secretary. She would not be able to claims, we think the law ought to say ployment Policy Foundation estimates do that. Only a vote in this body to that the employer should have to do it. that compliance costs alone with this sustain that would allow us to have That is what this is about. rule will be about $91 billion. The rule those negotiations with the Secretary. This is a compilation of 10 years of itself and its explanatory information The scientific evidence supporting a research; it is an understanding that consume about 600 pages of fine print. standard is extensive. The National one-third of the workers’ comp expend- Every small business owner out there Academy of Science, responding to itures by insurers in this country pay who is listening ought to know what it conservatives and business groups, for ergonomics injuries, and it is a cry looks like, because this is it. It will af- issued a report saying that the weight for simple justice and common sense. fect 102 million employees by OSHA’s of evidence justifies the introduction of Do not be fooled by those who say own estimates, and about 6.1 million appropriate and selective interventions they want a better ergonomics rule, be- businesses. It applies to any job that to reduce the risk of musculoskeletal cause if this resolution passes, there requires occasional bending, reaching, disorders of low back and upper ex- will be no ergonomics rule. This sends pulling, pushing, gripping; 18 million tremities. No wonder the Republicans ergonomics to the death penalty, and it jobs, again, by OSHA’s own estimates. did not want Members to have a brief- is wrong. This flawed ergonomic standard will ing on that report. Mr. Speaker, there are 6 million in- interfere with State worker compensa- This disproportionately affects jured Americans who cannot speak for tion laws. The one we have in Texas women. I urge my colleagues to vote themselves tonight, but we, I say to works very well. Under this ergonomic ‘‘no.’’ my colleagues, can. The way we should standard, however, which would inter- Mr. NORWOOD. Mr. Speaker, just to speak for them is to rise up and vote fere and preempt that State law, if a set the record straight, the National ‘‘no.’’ Defeat this resolution in the worker is put on light-duty work, they Academy of Sciences does not support sense of fairness and justice. will receive 100 percent of their pay. If this standard in any way at all. Mr. NORWOOD. Mr. Speaker, I yield they are unable to work, they will re- Mr. Speaker, I yield 1 minute to the 1 minute to the gentleman from Flor- ceive 90 percent of their pay and 100 gentlewoman from Illinois (Mrs. ida (Mr. KELLER), a new and valued percent of the benefits. I urge the BIGGERT), the vice chairman of this member of our subcommittee. Members to adopt the repeal of this subcommittee. Mr. KELLER. Mr. Speaker, I thank rule. Mrs. BIGGERT. Mr. Speaker, I rise in the gentleman for yielding me this Mr. GEORGE MILLER of California. strong support of S.J. Res. 6. I have ab- time. Mr. Speaker, I yield 2 minutes to the solutely no quarrel with the idea of Mr. Speaker, I rise in strong support gentlewoman from California (Ms. OSHA or Congress writing or imple- of the joint resolution to disapprove PELOSI), who has been fighting this menting an ergonomics law or regula- the ergonomics rule. I would like to long and hard for a number of years as tion. What I do have a problem with is tell my colleagues why. a member of the Committee on Appro- this particular ergonomics regulation. This will cost businesses, large and priations. It is exceedingly costly, overly broad, small, approximately $90 billion a year, Ms. PELOSI. I thank the gentleman and it wrongly presumes that every a $90 billion-a-year unfunded mandate for yielding me this time. muscle strain or ache a worker suffers on private businesses. Someone men- Mr. Speaker, the 20th century began is caused by the workplace. For in- tioned grocery stores a few minutes with Ida Tarbell and Upton Sinclair stance, it does not take into account ago. It is also true that if a bagger in pointing out the dangers in the work- personal attributes that may cause a grocery store lifts a turkey up and we place to American workers. Here we body pains such as obesity or age, nor are in the Thanksgiving season, that is are at the beginning of a new century does it anticipate the possibility that 16 pounds, he is now violating Federal much more enlightened, yet still de- employees may actually hurt them- law in the minds of some OSHA bu- bating whether or not we should pro- selves outside of the workplace while reaucrats because they think you tect workers. skiing, playing basketball, or gar- should not be able to lift anything over Let us not ignore this historical con- dening. 15 pounds. We need a little common text. As we look with great embarrass- Here is what the Chicago Tribune had sense here. ment at the exploitation of workers at to say about the new rule: ‘‘In short, Now, should there be incentives for the beginning of this century, we must they amount to a simplistic and expen- workplace safety? Absolutely, there have a different start to this one. The sive meat-ax solution for a complex should. We have that right now under new information technology has pre- scientific puzzle that researchers do workers’ compensation insurance pre- sented some challenges with many not fully understand.’’ miums. One small employer in my dis- more people at keyboards, but science Workers do have legitimate claims to trict who runs a gas station found his has given us answers. workplace-induced repetitious motion workers’ compensation insurance went Today, the Republican majority is injuries, but not with this regulation. up $3,000 this year. Why? Because there taking extreme measures to undermine Mr. GEORGE MILLER of California. was a serious workplace accident the the voluminous scientific evidence sup- Mr. Speaker, I yield 2 minutes to the year before. That is a pretty strong in- porting a workplace safety standard. In gentleman from New Jersey (Mr. AN- centive to maintain a strong and safe prior Republican administrations, DREWS). workplace. Labor Secretaries supported an ergo- (Mr. ANDREWS asked and was given Mr. Speaker, we do not need to na- nomic standard. Secretary Dole stated, permission to revise and extend his re- tionalize our workers’ compensation ‘‘By reducing repetitive motion inju- marks.) laws. I ask my colleagues to vote ‘‘yes’’ ries, we will increase both the safety Mr. ANDREWS. Mr. Speaker, we and disapprove these ergonomics regu- and productivity of America’s work- should oppose this resolution. When a lations. force. I have no higher priority than woman stands at a supermarket check- Mr. GEORGE MILLER of California. accomplishing just that.’’ And Sec- out counter and when many women I yield 11⁄2 minutes to the gentleman retary Lynn Martin also reiterated her who stand with her get hurt, when from Michigan (Mr. BONIOR), the mi- commitment in 1992 to an OSHA rule. there is a pattern of people getting nority whip. Secretary Chao yesterday indicated her hurt because the cash register is at Mr. BONIOR. Mr. Speaker, the work- intention to pursue a ‘‘comprehensive waist level instead of higher up, and place safety standards before us, as we approach to ergonomics,’’ her words. the evidence shows that one could have heard, have been in the making She said she would be open to working spend a few hundred dollars per cash for 10 years and, once implemented, on a new rule that would ‘‘provide em- register and lift them up to chest level would help prevent no fewer than one- ployers with achievable measures that and people will not get hurt; and the third of all serious job-related injuries. protect their employees before injuries evidence shows that by spending a few That can help save our economy more occur.’’ hundred dollars per cash register, we than $50 billion a year. Mr. Speaker, a vote on this repeal could avoid tens of thousands of dollars Now, the people back home in Michi- today would foreclose that option to of health care and workers’ comp gan would say, well, that is a pretty March 7, 2001 CONGRESSIONAL RECORD — HOUSE H689 good bargain. And do my colleagues ing this to small businesses across the Mr. Speaker, I yield 11⁄2 minutes to know what? They are absolutely right. country. And, by the way, the post of- the gentlewoman from California (Ms. Over the course of 1 year alone, more fice does not want it either. Nobody WOOLSEY). than 21,000 workers in Michigan suf- wants it. Why are we doing this? Thank (Ms. WOOLSEY asked and was given fered from repetitive motion injuries goodness we have this opportunity to permission to revise and extend her re- severe enough to keep them away from stop this and to watch workplace inju- marks.) work, and the cost to Michigan’s econ- ries continue to go down, because of Ms. WOOLSEY. Mr. Speaker, before I omy in lost wages and productivity, ergonomics policies that are already in came to Congress, I was a human re- about $2 billion a year. That is why place in America’s workplaces. sources professional in the electronics there is only one issue in this debate. Mr. Speaker, today we have a chance to manufacturing industry, and I know It is not whether we need these safety show the American people whose side we are from experience how important work- standards. It is who on earth would on. A vote for this resolution is a vote for small place safety is. Over 20 years ago, my ever want to keep us from having business, jobs and sound science. A vote company began seeing repetitive stress them? against it is for one-size-fits all regulations and injuries because employees were using Well, we know what that answer is. It government-knows-best bureaucrats. the same motions repeatedly to put is the same people, the same special in- There are many of us who came to this parts in printed circuit boards. I have terests who have opposed every other body to fight for the driving engine of Amer- to say that the majority of those work- single worker safety measure to come ica’s economy, small business. Small business ers were women. before the United States Congress. produces 90 percent of all new jobs in Amer- So in response to what was going on Well, today we have an obligation to ica. These are the people who work hard, out on our manufacturing floor, and talk back to that special interest. Our people who are fighting for raises and better those of my colleagues who do not message today is that too many lives benefits, people who are creating higher-pay- think of OSHA as a friend might think have been lost, too many bodies have ing jobs in their community and expanding op- this is weird, but as the human re- been broken, too many workers have portunity for people across the country. sources manager of this company, I been injured, too many lives have been The Clinton OSHA ergonomics regulation called OSHA for help. We worked. They ruined, and too many tears have been has a mammoth price tag. And America’s came and worked with us as partners shed. workers are going to foot the bill. OSHA itself and came up with a solution that re- Mr. Speaker, today our message is is willing to concede a $4.5 billion cost to the duced the injuries for our workers and that American workers have a right to economy. the food distributing industry pre- saved a lot of money for our company. a healthy and a safe workplace and, by dicts its initial cost would be upwards of 420 We knew that if we wanted to be suc- God, vote ‘‘no’’ on this resolution. billion. Furthermore, their recurring cost could cessful, we wanted to protect our work- Those who do not should and will be be 46 billion annually. And that is just for that ers from the injuries that they were ex- held accountable. industry alone. What does this really mean? It periencing. If my colleagues want to Mr. NORWOOD. Mr. Speaker, I yield means fewer jobs and fewer opportunities for know did this company become suc- 2 minutes to the gentleman from Texas American workers. cessful? Yes, indeed. This company be- (Mr. BONILLA), my friend. We all support safe workplaces. That is not came a Fortune 300 company. (Mr. BONILLA asked and was given what this debate is about. Let us review the Mr. Speaker, workplace safety stand- permission to revise and extend his re- statistics put out by the Clinton Labor Depart- ards protect workers; they save busi- marks.) ment. Workplace injuries are down consist- ness money. It is a win-win all the way Mr. BONILLA. Mr. Speaker, I rise in ently over the last decade. In fact, the injuries around. It must not be repealed. Vote strong support of this resolution. we are talking about today, repetitive stress in- against this resolution, and vote for Workplace injuries over the last decade juries, are down 24 percent over the past the protection of worker safety. in this country are down. Workplace three years. Grocery stores, bakeries, bottling b 1830 injuries are down in large part because companies, florists, computer manufacturers— ergonomics rules are already in place all of those job creating businesses that are Mr. NORWOOD. Mr. Speaker, I yield at most of America’s workplaces; and creating out tremendous economic growth myself such time as I may consume. employers, believe it or not, do care have voluntarily dealt with this issue and it is Mr. Speaker, I would just point out about keeping workers safe and produc- working. that the regulation is 9 pages, and it is tive on the job. Some have argued today that this resolution of great interest to me that OSHA took This is the copy of the new rule we kills ergonomics forever. That is simply not 591 pages to explain to us why this was are talking about showing up on the true. Yesterday, Secretary of Labor Elaine a good rule. doorsteps of bakeries and of auto parts Chao stated that she intends to address the Mr. Speaker, I yield 2 minutes to the stores and small restaurants and gro- issue of ergonomics, if given the chance. Let’s gentleman from Illinois (Mr. MAN- cery stores and dance studios and give her that chance to get the job done right. ZULLO), my friend. farms and ranches. Every small busi- This rule is unprecedented in its breadth Mr. MANZULLO. Mr. Speaker, these ness employer in America would get and unprecedented in its complexity. OSHA OSHA regulations are very interesting. this big fat 600-page regulation to try doesn’t even understand it. The rule is already First of all, they do not apply to any to have them not only implement a in effect and OSHA has yet to provide compli- Federal employees, and I would like to policy, but to change a policy that is ance guidelines to businesses. Unfortunately, point out that one of the charts using already working, that is causing work- they probably have not because they cannot. the explanations here is that it is dan- place injuries to go down. That gerous if you move your wrist more Union membership has not asked for I call on my colleagues to look at whose than 30 degrees 2 hours a day. this. Small business in America has side they are on. There is no gray. I urge This is an official chart here that not asked for this. At town meetings them to stand up for the people out there in points to people that move their that we have across the country, there the heartland who are working hard and want wrists. Mr. Speaker, there are 281,000 is no request for this to show up on the to keep doing so. I urge a ‘‘yes’’ vote on the restaurants in the United States. And I doorstep of America’s small businesses. resolution. was raised in a restaurant business, This is simply a power grab by certain Mr. GEORGE MILLER of California. and my brother, Frank, he still con- special-interest leaders in this country; Mr. Speaker, I yield myself such time tinues the family business. And this is and we will not name them, but we as I may consume. how you wash dishes. You go like this. know who they are. They want this so Mr. Speaker, if the gentleman would Sometimes it is 2 hours a day, some- they can have a bigger grip on Amer- have yielded, I would have pointed out times 4 hours a day. It depends upon ica’s small business employers. That is he is not holding up the regulations at the extent of the business. If business what it is all about. all, he is holding up the comments. The is good, you have more dishes to wash. This, in itself, delivered to the small regulations is 9-pages long. It is not 600 Here is the problem: If somebody businesses in this country is enough to pages, and the gentleman completely washing dishes has a problem with cause a workplace injury to the post misrepresented what, in fact, he was their hand and they go to the small office delivery people who will be send- telling the American public. employer, such as my brother, Frankie, H690 CONGRESSIONAL RECORD — HOUSE March 7, 2001 who has 13 tables in his restaurant, poultry workers, factory workers, and The law of unintended consequences this is what Frankie has to do, he has what we are saying is that the science is going to go into effect if this rule to adopt a program that contains the says that these regulations are the went into effect. It would drive our following elements, hazardous informa- right thing to do. We believe with all best jobs overseas. tion and reporting, management lead- our hearts that OSHA and these kinds Mr. Speaker, please, I ask my col- ership and employee participation, job of regulations have not only helped the leagues, let us have a real rule that hazard analysis and control, training, safety of our workers, but has saved really accomplishes what we want. MSD management and program evalua- companies money by preventing these Mr. GEORGE MILLER of California. tion. injuries, and employers who have used Mr. Speaker, I yield such time as he The standard provides the employer OSHA regulations like these to their may consume to the gentleman from with several options for evaluating and benefit have had a better bottom line Maine (Mr. BALDACCI). (Mr. BALDACCI asked and was given controlling risk factors for jobs cov- than companies that simply blindly permission to revise and extend his re- ered by the ergonomics program. fight these things. This is washing dishes. How else can This is a mistake. It is a mistake for marks.) Mr. BALDACCI. Mr. Speaker, I would you wash dishes where you cannot people. It is a mistake for workers. I like to thank the gentleman from Cali- move your hands? That is the absurd- simply ask our friends on the other fornia (Mr. GEORGE MILLER) for yield- ity of these ergonomic 9 pages of regu- side who are running this procedure, ing the time to me. lations and hundreds of pages of at- please, the next time before my col- Mr. Speaker, I rise today in opposi- tempted clarifications of them. leagues do something like this, they tion and say this should not be done in To all the restaurant owners, to all stop and think about what they are this way. As a restaurant owner and an the small mom-and-pops that are try- doing to the process of this House and, owner of a small business in Maine, ing to eke out a living and to my most importantly, what my colleagues this is the wrong thing to do at the brother, Frankie, with 13 tables and 13 are doing to the hard-working Amer- wrong time, and it is not thoughtful. stools at his bar and a handful of em- ican people who are out there everyday Mr. Speaker, I rise today to voice my oppo- ployees, he is going to have to put a giving it everything they have to make sition to the Joint Resolution of Disapproval of sign that says dish washing is haz- a living for their families and would OSHA’s Ergonomics Standard. ardous to your health. How else can like to be in a safe working environ- Mr. Speaker, I am a small business owner. you wash dishes? ment. I understand the concerns of small business Mr. GEORGE MILLER of California. Vote against this bill. It is an abomi- owners in my home state of Maine and Mr. Speaker, may I inquire of the Chair nation. throughout the country regarding the costs of how much time is remaining? Mr. NORWOOD. Mr. Speaker, I yield implementing these new rules. Nevertheless, The SPEAKER pro tempore (Mr. 2 minutes to the gentlewoman from we must be proactive. Ergonomics is a serious HANSEN). The gentleman from Cali- Kentucky (Mrs. NORTHUP). matter and the new ergonomics standard will fornia (Mr. GEORGE MILLER) has 111⁄2 Mrs. NORTHUP. Mr. Speaker, I am save businesses billions of dollars every year minutes remaining and the gentleman angry, too. I am angry that we had a by preventing lost work days and workers’ from Georgia (Mr. NORWOOD) has 13 good idea in 1990 and 1992. Libby Dole compensation claims. In 1998, more than minutes and 15 seconds remaining. and other Republicans encouraged an 12,500 disabling injuries were reported to the Mr. GEORGE MILLER of California. ergonomics standard, but what we have Workers Compensation Board in Maine alone. Mr. Speaker, I yield 3 minutes to the had over the last 8 years is an absolute True, the start up costs involved with apply- gentleman from Missouri (Mr. GEP- tone deaf Labor cabinet that was going ing the new standard are significant. But the HARDT), the minority leader. to pass a regulation without regard to money we will save far outweighs the money (Mr. GEPHARDT asked and was given how we best remedy the challenges we will spend. In a requested report to Con- permission to revise and extend his re- that ergonomic injuries cause us. gress, the National Academy of Sciences marks.) Mr. Speaker, give us good direction found that repetitive stress injuries in the work- Mr. GEPHARDT. Mr. Speaker, this is so that we can have both good jobs and place cost $50 billion a year in lost wages, a sorry day in the House of Representa- also best effect in any injuries that productivity and compensation costs. It also tives, and what I am afraid is going to occur in the workplace. It is hilarious concluded that injuries could be reduced by be a sorry week. Ten years of studies to think that businesses are going to using new equipment and by varying work- and work and comment are being swept save money when we have runaway place tasks. OSHA’s new rule requires compli- aside with 1 hour of debate in our costs and you spend and you spend and ance with both of these recommendations. House of Representatives. you spend without any understanding OSHA analysis shows that the new This is not right, and it is not the of what you might be able to achieve ergonomics standard will prevent 4.6 million right way to do this. It is not right for and what would be cost effective. injuries over the next 10 years. It will also American workers who will be seri- What happens when we do that? What save employers and workers $9 billion every ously affected and degraded by this de- happens right now in this country, year. Surely, we can agree that these num- cision that we are making tonight. where we fight everyday to keep our bers are worth fighting for. Mr. Speaker, I cannot understand good jobs right here in this country, to Mr. Speaker, I must also voice my dis- appointment in the decision to employ the why we could not spend the last 3 hours keep them from moving overseas, the Congressional Review Act to address this leg- that we have been in this building at fact of the matter is, is that OSHA in- islation. It was my sincere hope that the CRA least on this floor talking about what creases the costs of regulations. As would be employed only to address rules that went on over the last 10 years. We OSHA increases costs without always a vast majority of members agreed simply got could not find it within ourselves in knowing what the objective and the it wrong. This is certainly not the case here. this House of Representatives to spend benefit will be, we make ourselves less Many of us agree that the new rules could be the last 3 hours when we were in recess able to be internationally competitive refined. But that is no reason to throw the to be on this floor at least discussing as we produce goods in this country. baby out with the bath water, utilizing a proc- this matter. Mr. Speaker, what we have to do is ess that will effectively preclude further action We know there is a disagreement be proud of the fact that the American in this area. This is too important an issue to about this, that is legitimate, but to workplace, which is the thing that be taken off the table in a cavalier and par- not allow the Members of this House to brings us our prosperity, the thing that tisan manner. I urge my colleagues to vote be out here, when the law that calls for has built us a middle class that is able against the Joint Resolution of Disapproval of this procedure says that we are going to buy homes and cars and go to work OSHA’s Ergonomics Standard. to have 10 hours of debate, when we did and provide for their children, that Mr. GEORGE MILLER of California. not have another thing to do on this they depend on these jobs, and what Mr. Speaker, I yield such time as he floor, to not allow this debate to go on they ask of us is for balance, to have may consume to the gentleman from is reprehensible. It sure is not bipar- regulations and government programs California (Mr. WAXMAN). tisan. that make it possible to keep good jobs (Mr. WAXMAN asked and was given This is an issue that affects real peo- here and also make sure that we have permission to revise and extend his re- ple, people that work on computers, healthy workers. marks.) March 7, 2001 CONGRESSIONAL RECORD — HOUSE H691 Mr. WAXMAN. Mr. Speaker, I thank this issue, and I do not want to repeat musculoskeletal disorders under the direction the gentleman from California (Mr. all of those technical considerations. of the Academy of Sciences, they found that GEORGE MILLER) for yielding the time I do want to submit for the RECORD ‘‘there is a direct relationship between the to me. a chronology of OSHA ergonomics workplace and ergonomic injuries can be sig- Mr. Speaker, I strongly oppose the standards preparations over the last 10 nificantly reduced thorough workplace inter- matter that is before us today. years. I have many extra copies if the ventions.’’ Mr. Speaker, I rise today to express majority wants them. Mr. Speaker, earlier today, during the de- my outrage over the Republican pro- We also have a list of the questions bate on the rule Mr. NORWOOD quoted from posal to rollback important safety pro- that we asked the National Academy of the National Academy of Sciences and the In- tections for American workers. For the Sciences and the Institute of Medicine stitute of Medicine’s report. I would like to first time in the history of the House, to resolve. We have the questions that make very clear the fact that Mr. NORWOOD we are repealing critical protections we posed to them, and we also have was quoting from the only dissenting view on for over 100 million American workers. their answers. the panel of 19 experts. The Congress has a responsibility to Earlier today the gentleman from protect the safety and health of hun- Georgia (Mr. NORWOOD) said that there Here are the key findings of the study by dreds of thousands of workers—not the was some disagreement with the notion the Academy of Sciences: profits of big contributors. that ergonomics was a legitimate cause The Problem. ‘‘Musculoskeletal disorders of Today, I released a report with Rep- of problems in the workplace, and he the low back and upper extremities are an im- resentative GEORGE MILLER on ergo- quoted 1 of the 19. There were 19 ex- portant national health problem, resulting in nomic injuries in California. This re- perts on the panel, and one dissented. approximately 1 million people losing time port makes clear that the repeal of the When you have a panel and one dissent from work each year. These disorders impose ergonomic rule will have a very real among the people who are on the Acad- a substantial economic burden in compensa- impact on California workers and the emy of Sciences and the Institute of tion costs, lost wages, and productivity. Con- state’s economy. Medicine, then you have an authori- servative cost estimates vary, but a reason- More than one in four workplace in- tative statement. able figure is about $50 billion annually.’’ juries in California are repetitive We ought to address the political The Cause. ‘‘The weight of the evidence stress injuries like carpel tunnel syn- problem here. Here is the real problem. justifies the identification of certain work-re- drome. In 1998, more than 52,000 Cali- Reinforced by an army of business lob- lated risk factors for the occurrence of mus- fornia workers suffered ergonomic in- byists, the Republican majority has culoskeletal disorders of the low back and juries so severe they were forced to launched a blitzkrieg to obliterate the upper extremities * * * the panel concludes miss at least one day of work. Many of recently issued ergonomics standards that there is a clear relationship between back these injuries cause workers to miss by using the Congressional Review Act. disorders and physical load; that is, manual significant time away from work. More That act was passed under the Newt material handling, load moment, frequent than 30,000 of the injuries cause work- Gingrich doctrine of politics as war bending and twisting, heavy physical work, ers to miss more than one week of without blood. and whole-body vibration. For disorders of the work. This Republican offensive is more upper extremities, repetition, force and vibra- The economic cost to the state is than one invasion of one theater of the tion are particularly important work-related fac- enormous—$4.5 billion a year. war. This is just the beginning. By tors.’’ The real numbers may be much high- ruthlessly destroying the ergonomics The Answer. ‘‘The consequences of mus- er. Many workers fail to report their standards at the beginning of this 107th culoskeletal disorders to individuals and soci- injuries out of fear they’ll be fired or session of Congress, the Republican ety of the evidence that these disorders are to branded troublemakers, and other majority is attempting to send a mes- some degree preventable justify a broad, co- workers only realize the extent of their sage of intimidation to all the working herent effort to encourage the institution or ex- injuries when they can no longer work. families of America. tension of ergonomic and other preventive Today’s LA Times tells the story of We will not be intimidated. We will strategies.’’ Gloria Palomino, who worked in a strive to work for the families of Amer- chicken processing plant for over twen- ica. The Republican Leadership—once ty years. For most of her career, she Mr. Speaker, reinforced by an army of busi- desperate to have confirmation of a shot an airgun into chickens on a ness lobbyists, the Republican majority has sound scientific support for the ergo- slaughter line—squeezing the triggers launched a blitzkrieg to obliterate the recently nomic rule—is ignoring the very report 30 to 40 times a minute. As a result, her issued OSHA Ergonomic Standard by using it commissioned for a million dollars fingers are constantly swollen and sore the Congressional Review Act passed under and instead plans to gut a rule ten and her injuries are so severe she can the Newt Gingrich doctrine that ‘‘politics is war years in the making. This action shows no longer work. She says, ‘‘How I bat- without blood.’’ This Republican offensive is their contempt for millions of workers tle in the morning to open my hands. more than one invasion of one theater of the who want to work hard and stay Tell me, who will hire me with hands war. The operation against ergonomics is also healthy. And this action shows con- like this?’’ conceived as a master stroke of symbolic and tempt for the findings of the nation’s The ergonomics rule came too late to psychological warfare. leading ergonomic scientists who have help Gloria Palomino, but there will be By ruthlessly destroying the Ergonomic thoroughly documented the tragedy of many, many more like her if we repeal Standard at the beginning of the 107th Ses- ergonomic injury and illness. I am sub- the rule today. I urge my colleagues to sion of Congress, the Republican majority is mitting for the RECORD the seven ques- oppose this effort—which protects the attempting to send a message of intimidation, tions Congress asked the National profits of contributors at the expense and to show that it will utilize its dominance of Academy of Sciences and the answers of the health of America’s workers. the political process in Washington to annihi- arrived at by the experts on the panel. Mr. GEORGE MILLER of California. late its perceived most formidable enemy—the The strategy of the Republican war Mr. Speaker, I yield 11⁄2 minutes to the organized workers in labor unions. machine first seeks to crush the will of gentleman from New York (Mr. Millions of victims and casualties who are the opposition with its speed and over- OWENS), a member of the Sub- not union members will suffer greatly as a re- whelming support from contributors. committee on Workforce Protections. sult of this barbaric attack. The majority of the After the defeat of ergonomics, over- (Mr. OWENS asked and was given working families in America have at least one time under the Fair Labor Standards permission to revise and extend his re- member who could directly benefit from the Act and the Davis-Bacon Prevailing marks and include extraneous mate- preventive measures required by the new Wage Law are the next targets with rial.) Ergonomic Standard. They are the civilian many other islands of labor law to be Mr. OWENS. Mr. Speaker, as the casualties of this massive Republican offen- attacked and subdued on a great march ranking Democrat on the Sub- sive. toward the ultimate objective—‘‘pay- committee on Workforce Protections, After an exhaustive two-year study at a cost check protection.’’ The concepts of the last 6 years I have lived with the of $1 million conducted by 19 experts in the minimum wages and cash payment for hearings, the dialogue, the debates on field of causation, diagnosis, and prevention of overtime may be eliminated forever; or H692 CONGRESSIONAL RECORD — HOUSE March 7, 2001 at least for the duration of this admin- back, there are many disabling syndromes ship between certain work tasks and the risk istration there will be a ‘‘final solu- that occur in the absence of defined radio- of musculoskeletal disorders. tion’’ for these longstanding objects of graphic abnormalities or commonly occur in 4. What is the relative contribution of any the presence of unrelated radiographic ab- casual factors identified in the literature to Republican contempt. normalities. Thus, the most common syn- the development of such conditions in (a) the The term ‘‘barbaric’’ is most appro- drome is nonspecific backache. Other dis- general population, (b) specific industries, priate for the description of this par- orders of interest include back pain and sci- and (c) specific occupational groups? tisan onslaught. All logic, reason and atica due to displacement and degeneration A. Individual Risk Factors science has been bulldozed off to the of lumber intervertebral discs with Because 80 percent of the American adult ditches. Primitive, brut political force radiculopathy, spondylolysis, and population works, it is difficult to define a has now overwhelmed ten years of sci- spondylolisthesis, and spinal stenosis (ICD 9 ‘‘general population’’ that is different from categories 353–357, 722–724, and 726–729). the working population as a whole. The entific research, public testimony, em- 2. What is the status of medical science known risk factors for musculoskeletal dis- pirical evidence and long debates, dia- with respect to the diagnosis and classifica- orders include the following: logues and policy deliberations. The at- tion of such conditions? Age—Advancing age is associated with tached chronology which ranges from Diagnostic criteria for some of the mus- more spinal complaints, hand pain, and other August, 1990 to January, 2001 presents a culoskeletal disorders considered to be work- upper extremity pain, e.g., shoulder pain. Be- record of the most patient Democratic related and considered in this report are yond the age of 60, these complaints increase process possible; however, suddenly the clear-cut, especially those that can be sup- more rapidly in women than men. The expla- ported by objective ancillary diagnostic troops are massed on the border and nation for spinal pain is probably the greater tests, such as carpal tunnel syndrome. Oth- frequency of osteoporosis in women than in this time-honored process has been de- ers, such as work-related low back pain, are men. The explanation for hand pain is prob- clared ‘‘non-negotiable.’’ in some instances supported by objective ably the greater prevalence of osteoarthritis Barbarians often win battles; how- change, which must be considered in concert affecting women. However, other specific ever, the working families of America with the history and physical findings. In musculoskeletal syndromes do not show this are not without their own means of the case of radicular syndromes associated trend. For example, the mean age for symp- counterattack. We must begin today with lumbar intervertebral disc herniation, tomatic presentation of lumber disc hernia- with a new campaign in a more direct lan- for example, clinical and X-ray findings tend tion is 42 years; thereafter, there is a fairly to support each other. In other instances, in rapid decline in symptoms of that disorder. guage: an Ergonomic Standard means sal- the absence of objective support for a spe- Gender—As noted above, there are gender vation from paralyzing injuries. It means cific clinical entity, diagnostic certainty differences in some musculoskeletal dis- preventing total disability of the muscles varies but may nevertheless be substantial. orders, most particularly spinal pain due to and joints needed to earn a living. Work- The clinical picture of low back strain, for osteoporosis, which is more commonly found ing families are the troops who must be example, while varying to some degree, is in women than in men, and hand pain due to made to understand clearly what is at reasonably characteristic. osteoarthritis, for which there * * * deter- stake today and in the weeks and Epidemiologic definitions for musculo- minant with increased incidence in daugh- skeletal disorders, as for infectious and other months ahead as the Republicans ters of affected mothers. reportable diseases, are based on simple, un- Healthy lifestyles—There is a general be- march on to eradicate labor laws. ambiguous criteria. While these are suitable lief that the physically fit are at lower risk Working families must also understand for data collection and analysis of disease for musculoskeletal disorders; there are few that in a war as vicious as this one occurrence and patterns, they are not appro- studies, however, that have shown a sci- that has been declared by the Repub- priate for clinical decisions, which must also entific basis for that assertion. There is evi- licans, there is no substitute for vic- take into account personal, patient-specific dence that reduced aerobic capacity is asso- tory. Working families must mobilize information, which is not routinely available ciated with some musculoskeletal disorders, in epidemiologic databases. specifically low back pain and, possibly, to achieve unconditional surrender by 3. What is the state of scientific knowl- taking control of the Congress in 2002; lumbar disc herniations are more common in edge, characterized by the degree of cer- cigarette smokers. Obesity, defined as the and by regaining the White House in tainty or lack thereof, with regard to occu- top fifth quintile of weight, is also associated 2004. pational and nonoccupational activities with a greater risk of back pain. There cur- Yesterday was Pearl Harbor for causing such conditions? rently is little evidence that reduction of working families. We have nothing to The panel has considered the contributions smoking or weight reduction reduces the fear but sluggishness, wimpishness and of occupational and nonoccupational activi- risk. betrayal by the Benedict Arnolds ties to the development of musculoskeletal Other exposures—Whole-body vibration disorders via independent literature reviews among us. We have the votes and we from motor vehicles has been associated based in observational epidemiology, bio- with an increase in risk for low back pain believe fervently in the Democratic mechanics, and basic science. As noted in the and lumbar disc herniation. There is also process. Reason and justice are on our chapter on epidemiology, when studies meet- evidence that suboptimal body posture in the side and we shall all experience our po- ing stringent quality criteria are used, there seated position can increase back pain. Some litical VE Day. We shall overcome. are significant data to show that both low evidence suggests that altering vibrational back and upper extremity musculoskeletal MUSCULOSKELETAL DISORDERS AND THE WORK- exposure through seating and improved seat- disorders can be attributed to workplace ex- PLACE—A STUDY BY THE NATIONAL ACAD- ing designs to optimize body posture (i.e., re- posures. Across the epidemiologic studies, EMY OF SCIENCES AND THE INSTITUTE OF duce intradiscal pressure) can be beneficial. the review has shown both consistency and MEDICINE, JANUARY 2001 Other diseases—There is a variety of spe- strength of association. Concerns about cific diseases found in the population that APPENDIX A whether the associations might be spurious predispose to certain musculoskeletal dis- ANSWERS TO QUESTIONS POSED BY CONGRESS have been considered and reviewed. Biologi- orders. Among the more common are diabe- The questions below provided the impetus cal plausibility for the work-relatedness of tes and hypothydroidism, both associated for the study. The charge to the panel, pre- these disorders has been demonstrated in with carpal tunnel syndrome. pared by the NRC and the IOM was to con- biomechanical and basic science studies, and B. Work-Related Risk Factors duct a comprehensive review of the science further evidence to build causal inferences Chapter 4 of this report explores the enor- base and to address the issues outlined in the has been demonstrated in intervention stud- mous body of peer-reviewed data on epi- questions. The panel’s responses to the ques- ies that show reduction in occurrence of demiologic studies relevant to this question. tions follow. musculoskeletal disorders following imple- Detailed reviews were conducted of those 1. What are the conditions affecting hu- mentation of interventions. The findings studies judged to be of the highest quality mans that are considered to be work-related suggest strongly that there is an occupa- based on the panel’s screening criteria (pre- musculoskeletal disorders? tional component to musculoskeletal dis- sented in the introduction and in Chapter 4). The disorders of particular interest to the orders. Each set of studies has inherent The vast majority of these studies have been panel, in light of its charge, focus on the low strengths and limitations that affect con- performed on populations of workers in par- back and upper extremities. With regard to fidence in the conclusions; as discussed in ticular industries in which workers exposed the upper extremities, these include rotator Chapter 3 (methodology), when the pattern to various biomechanical factors were com- cuff injuries (lateral and medial) of evidence is considered across the various pared with those not exposed for evidence of epicondylitis, carpal tunnel syndrome, tendi- types of studies, complementary strengths symptoms, signs, laboratory abnormalities, nitis, tenosynovitis of the hand and wrist are demonstrated. These findings were con- or clinical diagnoses of musculoskeletal dis- (including DeQuervains’ stenosing sidered collectively through integration of orders. A small number of studies have been tenosynovitis, trigger finger, and others) and the information across the relevant bodies of performed in sample groups in the general a variety of nonspecific wrist complaints, scientific evidence. Based on this approach, population, comparing individuals who re- syndromes, and regional discomforts lacking the panel concludes, with a high degree of port various exposures with those who do clinical specificity. With regard to the low confidence, that there is a strong relation- not. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H693 The principal findings with regard to the sprains/strains, carpal tunnel syndrome, or The complexity of musculoskeletal dis- roles of work and physical risk factors are: tendinitis, while the service industry ac- orders in the workplace requires a variety of Lifting, bending and twisting and whole- counted for 26 percent. Examining carpal strategies that may involve the worker, the body vibration have been consistently asso- tunnel syndrome alone, manufacturing, workforce, and management. These strate- ciated with excess risk for low back dis- transportation, and finance all exceeded the gies fall within the categories of engineering orders, with relative risks of 1.2 to 9.0 com- national average, while for the most com- controls, administrative controls, and work- pared with workers in the same industries mon but less specific sprains and strains, the er-focused modifiers. The literature shows without these factors. transportation sector was highest, with con- that no single strategy is or will be effective Awkward static postures and frequent re- struction, mining, agriculture, and wholesale for all types of industry; interventions are petitive movements have been less consist- trade all higher than average. These data best tailored to the individual situation. ently associated with excess risk. For dis- suggest that musculoskeletal disorders are a However, there are some program elements orders of the upper extremity, vibration, problem in several industrial sectors, that is, that consistently recur in successful pro- force, and repetition have been most strong- the problems are not limited to the tradi- grams: ly and consistently associated with relative tional heavy labor environments represented 1. Interventions must mediate physical risks ranging from 2.3 to 84.5. by agriculture, mining, and manufacturing. stressors, largely through the application of The principal findings with regard to the The National Center for Health Statistics ergonomic principles. roles of work and psychosocial risk factors (NCHS) survey data provide added informa- 2. Employee involvement is essential to are: tion on self-reported health conditions of the successful implementation. High job demand, low job satisfaction, mo- back and the hand. This survey presents esti- 3. Employer commitment, demonstrated by notony, low social support, and high per- mates for back pain among those whose pain an integrated program and supported by best ceived stress are important predictors of low occurred at work (approximately 11.7 mil- practices review, is important for success. back musculoskeletal disorders. lion) and for those who specifically reported Although generic guidelines have been de- High job demand and low decision latitude that their pain was work-related back pain veloped and successfully applied in interven- are the most consistent of these factors asso- (5.6 million). tion programs, no single specific design, re- ciated with increased risk for musculo- The highest-risk occupations among men striction, or practice for universal applica- skeletal disorders of the upper extremities. were construction laborers, carpenters, and tion is supported by the existing scientific In addition, in well-studied workforces, industrial truck and tractor equipment oper- literature. Because of limitations in the sci- there is evidence that individual psycho- ators, and among women the highest-risk oc- entific literature, a comprehensive and sys- logical factors may also predispose to risk, cupations were nursing aides/orderlies/at- tematic research program is needed to fur- including anxiety and depression, psycho- tendants, licensed practical nurses, maids, ther clarify and distinguish the features that logical distress, and certain coping styles. and janitor/cleaners. Other high-risk occupa- make interventions effective for specific Relative risks for these factors have been tions were hairdressers and automobile me- musculoskeletal disorders. generally less than 2.0. chanics, often employed in small businesses B. Development and Prevention in Specific 5. What is the incidence of such conditions or self-employed. Occupations in (a) the general population, (b) specific in- Among men, the highest-risk industries Occupations that involve repetitive lifting, dustries, and (c) specific occupational were lumber and building material retailing, e.g., warehouse work, construction, and pipe groups? crude petroleum and natural gas extraction, fitting, particularly when that activity in- There are no comprehensive national data and sawmills/planing mills/millwork. Among volves twisting postures, are associated with sources capturing medically defined mus- women, the highest-risk industries were an increased risk for the complaint of low culoskeletal disorders, and data available re- nursing and personal care facilities, beauty back pain and, in a few studies, an increased garding them are based on individual self-re- shops, and motor vehicle equipment manu- risk for lumbar disc herniation. ports in surveys. Explicitly, these reports in- facturing. The prevalence of osteoarthritic changes in clude work as well as nonwork-related mus- Questions from the NCHS survey on upper- the lumbar spine (disc space narrowing and culoskeletal disorders without distinction; extremity discomfort elicited information spinal osteophytes) is significantly greater therefore, rates derived from these general about carpal tunnel syndrome, tendinitis and in those whose occupations require heavy and repetitive lifting compared with age- population sources cannot be considered in related syndromes, and arthritis. Carpal tun- matched controls whose occupations are any sense equivalent to rates for back- nel syndrome was reported by 1.87 million more sedentary. Despite these ground, reference, or unexposed groups, nor people; over one-third of these were diag- radiographical differences, most of the stud- conversely, as rates for musculoskeletal dis- nosed as carpal tunnel syndrome by a health ies show little or no difference in the preva- orders associated with any specific work or care provided and half were believed to be lence of low back pain or sciatica between activity. There are no comprehensive data work-related. Tendinitis was reported by those with radiological changes of osteo- available on occupationally unexposed 588,000 people, and 28 percent of these were arthritis and those with no radiological groups and, given the proportion of adults determined to be work-related by a health changes. Based on the current evidence, now in the active U.S. workforce, any such care provider. Over 2 million active or recent modification of the lifting can reduce symp- nonemployed group would be unrepresenta- workers were estimated to have hand/wrist arthritis. The survey did not report these toms and complaints. Specific successful tive of the general adult population. Accord- strategies, which include ergonomic inter- ing to the 1997 report from the National Ar- conditions by either occupation or industry. 6. Does the literature reveal any specific ventions (such as the use of lift tables and thritis Date Workgroup (Lawrence, 1998), a guidance to prevent the development of such other devices and matching the worker’s ca- working group of the National Institute of conditions in (a) the general population, (b) pacity to the lifting tasks), administrative Arthritis and Musculoskeletal and Skin Dis- specific industries, and (c) specific occupa- controls (such as job rotation), and team lift- eases, 37.9 million Americans, or 15 percent tional groups? ing, appear successful. Despite enthusiasm of the entire U.S. population, suffered from A. Development and Prevention in working for their use, there is marginal or conflicting one or more chronic musculoskeletal dis- Populations evidence about lifting belts and educational orders in 1990 (these data cover all musculo- Because the majority of the U.S. popu- programs in reducing low back pain in the skeletal disorders). Moreover, given the in- lation works, the data for the population as population with heavy lifting requirements. crease in disease rates and the projected de- a whole apply to the 80 percent who are Some examples of positive interventions in- mographic shifts, they estimate a rate of 18.4 working. There is substantial evidence that clude: percent or 59.4 million by the year 2020. In psychological factors, in addition to the Truck drivers—Vibration exposure is summary, data from the general population physical factors cited above (see response to thought to be the dominant cause for the in- of workers and nonworkers together suggest Question 4), are significant contributors to creased risk for low back pain and lumbar that the musculoskeletal disorders problem musculoskeletal disorders. relevant factors disc herniation. There are some data to sup- is a major source of short- and long-term dis- are repetitive, boring jobs, a high degree of port the efficacy of vibrational dampening ability, with economic losses in the range of perceived psychosocial stress, and sub- seating devices. 1 percent of gross domestic product. A sub- optimal relationships between worker and Hand-held tool operators—Occupations stantial portion of these are disorders of the supervisor. that involve the use of hand-held tools, par- low back and upper extremities. The weight and pattern of both the sci- ticularly those with vibration, are associated The Bureau of Labor Statistics (BLS) data, entific evidence and the very practical qual- with the general complaints of hand pain, a while suffering a number of limitations, are ity improvement data support the conclusion greater risk of carpal tunnel syndrome, and sufficient to confirm that the magnitude of that primary and secondary prevention some tenosynovitis. Redesign of tools is as- work-related musculoskeletal disorders is interventions to reduce the incidence, sever- sociated with reduced risks. very large and that rates differ substantially ity, and consequences of musculoskeletal in- Food processing—Food processing, e.g., among industries and occupations, con- juries in the workplace are effective when meat cutting, is associated with a greater sistent with the assumption that work-re- properly implemented. The evidence sug- risk of shoulder and elbow complaints. Job lated risks are important predictors of mus- gests that the most effective strategies in- redesign appears to reduce this risk, but this culoskeletal disorders. BLS recently esti- volve a combined approach that takes into information is largely based on best prac- mated 846,000 lost-workday cases of musculo- account the complex interplay between phys- tices and case reports. skeletal disorders in private industry. Manu- ical stressors and the policies and procedures 7. What scientific questions remain unan- facturing was responsible for 22 percent of of industries. swered, and may require further research, to H694 CONGRESSIONAL RECORD — HOUSE March 7, 2001 determine which occupational activities in from issuing a standard or guidelines on NAS study on ergonomics. The bill, however, which specific industries cause or contribute ergonomics. The compromise agreement does freed OSHA from a prohibition on the rule- to work-related musculoskeletal disorders? permit OSHA to collect information on the making that began in 1994. This point was The panel’s recommended research agenda need for a standard. emphasized by a letter to Secretary of Labor is provided in Chapter 12 of the report. June 1996—The House Appropriations Com- Alexis Herman from then Chair of the Appro- mittee passes a 1997 funding measure (H.R. priations Committee Rep. Livingston and CHRONOLOGY OF OSHA’S ERGONOMICS 3755) that includes a rider prohibiting OSHA Ranking member Rep. Obey expressly stat- STANDARD from issuing a standard or guidelines on ing that the study was not intended to block August 1990—In response to statistics indi- ergonomics. The rider also prohibits OSHA or delay OSHA from moving forward with its cating that RSIs are the fastest growing cat- from collecting data on the extent of such ergonomics standard. December 1998—Bureau of Labor Statistics egory of occupational illnesses, Secretary of injuries and, for all intents and purposes, (BLS) releases 1997 Annual Survey of Injuries Labor Elizabeth Dole commits the Labor De- prohibits OSHA from doing any work on the and Illnesses which shows that disorders as- partment to ‘‘taking the most effective steps issue of ergonomics. sociated with repeated trauma continue to necessary to address the problem of ergo- July 1996—The House of Representatives make up nearly two-thirds of all illness cases nomic hazards on an industry wide-basis’’ approves the Pelosi amendment to H.R. 3755 and musculoskeletal. disorders continue to and to begin rulemaking on an ergonomics stripping the ergonomics rider from the account for one-third of all lost-workday in- standard. According to Secretary Dole, there measure. The vote was 216–205. Ergonomic opponents vow to reattach the rider in the juries and illnesses. was sufficient scientific evidence to proceed February 1999—OSHA releases its draft to address ‘‘one of the nation’s most debili- Senate or on a continuing resolution. February 1997—Rep. Henry Bonilla (R–TX) proposed ergonomics standard and it is sent tating across-the-board worker safety and for review by small business groups under health illnesses of the 1990’s.’’ circulates a draft rider which would prohibit OSHA from issuing an ergonomics proposal the Small Business Regulatory and Enforce- July 1991—The AFL–CIO and 30 affiliated ment Fairness Act (SBREFA). unions petition OSHA to issue an emergency until the National Academy of Sciences com- pletes a study on the scientific basis for an March 1999—Rep. Blunt (R–MO) introduces temporary standard on ergonomics. Sec- H.R. 987, a bill which would prohibit OSHA retary of Labor Lynn Martin declines to ergonomics standard. The rider, supported by the new coalition, is criticized as a fur- from using a final ergonomics standard until issue an emergency standard, but commits NAS completes its second ergonomics study the agency to developing and issuing a ther delay tactic. —During a hearing on the proposed FY 1998 (24 months). standard using normal rulemaking proce- budget for the National Institute for Occupa- April 1999—The Small Business Review dures. tional Safety and Health, Rep. Bonilla ques- Panel submits it report to OSHA’s draft pro- June 1992—OSHA, under acting Assistant- tions Centers for Disease Control head David posed ergonomics standard to Assistant Sec- Secretary Dorothy Strunk, issues an Ad- Satcher on the scientific underpinnings for retary Jeffress. vanced Notice of Proposed Rulemaking on an ergonomics standard. Bonilla submits May 1999—The second NAS panel on Mus- ergonomics. more than 100 questions on ergonomics to culoskeletal Disorders and the Workplace January 1993—The Clinton Administration Satcher. holds it first meeting on May 10–11 in Wash- makes the promulgation of an ergonomics April 1997—Rep. Bonilla raises questions ington, DC. standard a regulatory priority. OSHA com- about OSHA’s plans for an ergonomics stand- —Senator Kit Bond (R–MO) introduces leg- mits to issuing a proposed rule for public ard during a hearing on the agency’s pro- islation (S. 1070) that would block OSHA comment by September 30, 1994. posed FY 1998 budget. from moving forward with its ergonomics March 1995—The House passes its FY 1995 July 1997—NIOSH releases its report Mus- standard until 30 days after the NAS report rescission bill that prohibits OSHA from de- culoskeletal Disorders and Workplace Fac- is released to Congress. —House Subcommittee on Workforce Pro- veloping or promulgating a proposed rule on tors. Over 600 studies were reviewed. NIOSH tections holds mark-up on H.R. 987 and re- ergonomics. Industry members of the Coali- concludes that ‘‘a large body of credible epi- ports out the bill along party line vote to tion on Ergonomics lobbied heavily for the demiological research exists that shows a measure. Industry ally and outspoken critic forward it to Full Committee. consistent relationship between MSDs and June 1999—House Committee on Education of government regulation, Rep. Tom DeLay certain physical factors, especially at higher (R–TX), acts as the principal advocate of the and the Workforce holds mark-up on H.R. 987 exposure levels.’’ and reports out the bill in a 23–18 vote. measure. —California’s ergonomics regulation is ini- —OSHA circulates draft ergonomics stand- August 1999—House votes 217–209 to pass tially adopted by the Cal/OSHA Standard H.R. 987, preventing OSHA from issuing an ard and begins holding stakeholders’ meet- Board, approved by the Office of Administra- ings to seek comment and input prior to ergonomics standard for at least 18 months tive Law, and becomes effective. (July 3) until NAS completes its study. issuing a proposed rule. October 1997—A California superior court June 1995—President Clinton vetoes the re- October 1999—Senator Bond offers an judge rules in the AFL–CIO’s favor and amendment to the LHHS appropriations bill scission measure. struck down the most objectionable provi- July 1995—Outspoken critic of government which would prohibit OSHA from issuing an sions of the CA ergonomics standard. ergonomics standard during FY 2000. The regulation Rep. David McIntosh (R–IN) holds November 1997—Congress prohibits OSHA oversight hearings on OSHA’s ergonomics amendment is withdrawn after it becomes from spending any of its FY 1998 budget to apparent that Democrats are set to filibuster standard. National Coalition on Ergonomics promulgate or issue a proposed or final members testify. By the end of the hearing, the amendment. ergonomics standard or guidelines, with an —The California Court of Appeals upholds McIntosh acknowledges that the problem agreement that FY 1998 would be the last the ergonomics standard—the first in the na- must be addressed, particularly in high risk year any restriction on ergonomics would be tion—which covers all California workers. industries. imposed. November 1999—Washington State Depart- —Comprise rescission bill signed into law; May 1998—At the request of Rep. Bonilla ment of Labor and Industries issues a pro- prohibits OSHA from issuing, but not from and Rep. Livingston, The National Academy posed ergonomics regulation on November 15 working on, an ergonomics standard. Subse- of Sciences (NAS) receives $490,000 from the to help employers reduce ergonomics hazards quent continuing resolution passed by Con- National Institutes of Health (NIH) to con- that cripple and injure workers. gress continues the prohibition. duct a review of the scientific evidence on —Federal OSHA issues the proposed August 1995—Following intense industry the work-relatedness of musculoskeletal dis- ergonomics standard on November 22. Writ- lobbying, the House passes a FY 1996 appro- orders and to prepare a report for delivery to ten comments will be taken until February priations bill that would prohibit OSHA from NIH and Congress by September 30, 1998. 1, 2000. Public hearings will be held in Feb- issuing, or developing, a standard or guide- August 1998—NAS brings together more ruary, March, and April. lines on ergonomics. The bill even prohibits than 65 of the leading national and inter- February 2000—OSHA extends the period OSHA from requiring employers to record national scientific and medical experts on for submitting written comments and testi- ergonomic-related injuries and illnesses. The MSDs and ergonomics for a two day meeting mony until March 2. Public hearings are re- Senate refuses to go along with such lan- to review the scientific evidence for the scheduled to begin March 13 in Washington, guage. work relatedness of the disorders and to as- DC followed by public hearings in Chicago, November 1995—OSHA issues its 1996 regu- sess whether workplace interventions were IL and Portland, OR in April and May. latory agenda which does not include any effective in reducing ergonomic hazards. March 2000—OSHA commences 9 weeks of dates for the issuance of an ergonomics pro- October 1998—NAS releases its report public hearings on proposed ergonomics posal. Work-Related Musculoskeletal Disorders: A standard. December 1995—Bureau of Labor Statistics Review of the Evidence. The NAS panel finds May 2000—OSHA concludes public hearings (BLS) releases 1994 Annual Survey of Injuries that scientific evidence shows that work- on proposed ergonomics standard. More than and Illnesses which shows that the number place ergonomic factors cause musculo- one thousand witnesses testified at the 9 and rate of disorders associated with re- skeletal disorders. weeks of public hearings held in Washington, peated trauma continues to increase. —Left as one of the last issues on the table DC, Chicago, Illinois, and Portland, Oregon. April 1996—House and Senate conferees because of its contentiousness, in its massive The due date for post hearing comments is agree on a FY 1996 appropriation for OSHA Omnibus spending bill Congress appropriates set for June 26; and the due date for post that contains a rider prohibiting the agency $890,000 in the FY 1999 budget for another hearings briefs is set for August 10. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H695 —The House Appropriations Committee would make people think that we do (Mr. CALLAHAN asked and was adopts on a party line vote a rider to the FY not want workplace safety, we are for given permission to revise and extend 2001 Labor-HHS funding bill (H.R. 4577) that the evil business. That is just not true. his remarks.) prohibits OSHA from moving forward on any We support the working families, and Mr. CALLAHAN. Mr. Speaker, I proposed or final ergonomics standard. The we want to give them tax relief, but thank the gentleman for yielding me rider was adopted despite a commitment made by the Committee in the FY 1998 fund- my opponents, I would guarantee that this time. I have been in meetings dur- ing bill to ‘‘refrain from any further restric- over 90 percent of them that are op- ing most of the debate. But I did want tions with regard to the development, pro- posed to this do not want tax relief, to come to the floor and bring out one mulgation or issuance of an ergonomics and they did not want the balanced important point, and that is the im- standard following fiscal year 1998.’’ budget and they did not want welfare pact of cost to small businesses in the June 2000—An amendment to strip the ergo reform, because they want government event that this ergonomic thing is con- rider from the FY 2001 Labor-HHS Appro- control. tinued as proposed by the Clinton ad- priations bill on the House floor fails on a Mr. GEORGE MILLER of California. ministration. vote of 203–220. Mr. Speaker, I yield 11⁄2 minutes to the Any small business person would tell —The Senate adopts an amendment to the gentleman from Indiana (Mr. ROEMER). us today that their number one prob- FY 2001 Labor-HHS bill to prohibit OSHA (Mr. ROEMER asked and was given from issuing the ergonomics rule for another lem is even securing workman’s com- year by a vote of 57–41. permission to revise and extend his re- pensation. It is very seldom that any —President Clinton promises to veto the marks.) major insurance company will insure Labor-HHS bill passed by the Senate and the Mr. ROEMER. Mr. Speaker, this any business for a period longer than 3 House stating, ‘‘I am deeply disappointed issue is not new to any of us who have years. They come in, and they give one that the Senate chose to follow the House’s served in this body. a rate that seems reasonable. Two imprudent action to block the Department of The Secretary of Labor for President years later, they raise that. Three Labor’s standard to protect our nation’s George Herbert Walker Bush, a lady I workers from ergonomics injuries. After years, they raise it out of the possi- have a great deal of respect for, said we bility of affordability by small busi- more than a decade of experience and sci- must do our utmost to protect workers ness. entific study, and millions of unnecessary in- from these hazards of repetitive stress juries, it is clearly time to finalize this So I encourage my colleagues to standard.’’ injuries. think what is going to happen. Work- We all know this is a problem. We are October 2000—Republican negotiators agree man’s compensation is going to at in our town meetings and our constitu- to a compromise that would have permitted least double in cost to small business ents come up to us with the braces on OSHA to issue the final rule, but would have people, if, indeed, they can get it at all. delayed enforcement and compliance re- their arms. We have our case workers There is a possibility, because of the quirements until June 1, 2001. Despite the in our offices dealing with these issues extreme changes in coverage as pro- agreement on this compromise, Republican day in and day out. Our workers are posed under this regulation, that it Congressional leaders, acting at the behest suffering. of the business community, override their And more importantly, our busi- could even triple. So when my colleagues are back in negotiators and refuse to stand by the agree- nesses know that they have some an- ment. their district, think about addressing swers, they are out there working on November 2000—On November 14, OSHA these small business people who are this. Mr. Speaker, 3M, a big American issues the final ergonomics standard. having to pay these exorbitant costs company, has had a 58 percent decrease —In an effort to overturn the ergonomics now, and think about the impact that standard several business groups file peti- in lost time cases, 58 percent decrease. tions for review of the rule. Unions file peti- SunMicrosystems, a high tech com- it is going to cause if, indeed, we do not tions for review in an effort to strengthen pany with repetitive injury claims, repeal this through this effort today. So I plead with my colleagues to rec- the standard. their claims went from $45,000 to $3,500. December 2000—House and Senate adopt My colleagues might say businesses ognize what they are doing to small Labor-Health and Human Services funding business people. We all are concerned bill. The bill does not include a rider affect- are doing it, but do not tell us to do more of it. President Bush is going to about all workers. We all want them to ing the ergonomics standard. have coverage. But if my colleagues January 2000—Ergonomics standard takes tell us to do a lot more testing, because effect January 16. it works in Texas. We are going to hear put workman’s compensation out of af- —NAS releases its second report in three that. Do not give us that argument on fordability range, they are doing a years on musculoskeletal disorders and the our businesses. great disservice. workplace. The report confirms that Finally, I have to say that we have Mr. GEORGE MILLER of California. musculosketetal disorders are caused by been in this great Chamber since De- Mr. Speaker, I yield such time as he workplace exposures to risk factors includ- cember 16, 1857, and had great debates, may consume to the gentleman from ing heavy lifting, repetition, force and vibra- but today is one of the darkest days Washington (Mr. BAIRD). tion and that interventions incorporating (Mr. BAIRD asked and was given per- elements of OSHA’s ergonomics standard literally when the majority said they would rather have a dark Chamber mission to revise and extend his re- have been proven to protect workers from marks.) ergonomic hazards. than a Chamber filled with discussion Mr. BAIRD. Mr. Speaker, I rise to op- and debate and differences. I hope we Mr. NORWOOD. Mr. Speaker, I yield pose this legislation. It is bad for work- 1 minute to the gentleman from Cali- do much better in the future. Mr. NORWOOD. Mr. Speaker, how ers. It is bad for America. fornia (Mr. CUNNINGHAM), my friend. Mr. Speaker, I rise in strong opposition to Mr. CUNNINGHAM. Mr. Speaker, in much time is remaining? The SPEAKER pro tempore. The gen- the Disapproval Resolution for OSHA California we have an energy crisis. We Ergonomics Rule, which threatens the health have several small businesses going out tleman from Georgia (Mr. NORWOOD) has 10 minutes and 15 seconds remain- and safety of our nation’s workforce. just because of the costs of energy. We Each year, more than 650,000 American have restaurants that are on a very ing, and the gentleman from California 1 workers suffer from work related musculo- narrow margin. Those people employ (Mr. GEORGE MILLER) has 5 ⁄2 minutes remaining. skeletal disorders caused by repetitive motion workers. and overexertion. My colleagues that are opposed to b 1845 These are hardly minor aches and pains. this are generally from a liberal philos- Mr. BOEHNER. Mr. Speaker, I yield These are serious, disabling conditions that ophy of government control. If we fall myself such time as I may consume. have extensive impacts on workers’ lives, and out of line like the blacklisting that Mr. Speaker, just to keep the record are estimated to cost the American public the union, the Clinton-Gore adminis- straight, there is no doubt President something in the realm of $40–$50 billion a tration, put out last year, then we can Bush and Secretary Dole should be ap- year. control you. We can control your pri- plauded for bringing up ergonomics in The lives of workers who suffer from carpal vate profit. We can control education. 1990, but there is absolutely no reason tunnel syndrome, tendinitis, back injuries or We can control your business. If you do to suspect they would be for this rule. other similar injuries, as a result of unsafe not comply, yes, we will send in the Mr. Speaker, I am very pleased to workplace conditions, are changed forever. IRS or OSHA or EPA, and what we are yield 11⁄2 minutes to the gentleman Frequently, they lose their jobs, become saying is that, yes, that my colleagues from Alabama (Mr. CALLAHAN). permanently unemployed, or are forced to H696 CONGRESSIONAL RECORD — HOUSE March 7, 2001 take severe pay cuts to continue working. saddle business with the costs that this The OSHA SWAT team then comes in These injuries destroy lives and they destroy will saddle them with. Today and this and says you have one MSD patient, families—and it’s simply unacceptable. time is a particularly bad time given you have one, therefore, you must I want to emphasize to my colleagues that, the soft economy. make changes in your workplace, cost- as a scientist and a clinician, I am dogged in Mr. GEORGE MILLER of California. ing thousands of dollars for small busi- demanding strong, peer-reviewed science in Mr. Speaker, if I might inquire as to nesses and perhaps millions for big making important public health decisions. how much time we have remaining. businesses. Plus, you pay them 90 per- OSHA’s ergonomics standard, issued on The SPEAKER pro tempore (Mr. cent of the salary for 90 days. November 14, 2000, is critically important to HANSEN). The gentleman from Cali- This can force small businesses to go working men and women. The standard is fornia (Mr. GEORGE MILLER) has 41⁄2 out of business when their workman’s based on voluminous evidence, sound science minutes remaining. The gentleman compensation premiums double with and good employer practices and should not from Ohio (Mr. BOEHNER) has 8 minutes all the other additional expenses one be repealed. This rule may not be perfect, but remaining. adds on top of it. I can tell you that this rule is far better than Mr. GEORGE MILLER of California. Mr. Speaker, I want to hear OSHA the alternative. Mr. Speaker, I yield 1 minute to the explain to me how they are going to This is a common sense measure to help gentlewoman from California (Ms. enforce these new ergonomic rules in prevent the suffering of American workers, SANCHEZ). the textile plants of Mexico and China. while at the same time saving the American Ms. SANCHEZ. Mr. Speaker, how It seems we have trade agreements many more people must be hurt before taxpayers billions of dollars. that allow these countries access to I urge my colleagues to resist efforts to re- this Congress does what is right? Obvi- our textile market, so it would only be ously, there are over 600,000 workers a peal this vital worker safety rule—and to op- fair that those Mexican and Chinese year who get hurt because of ergo- pose this resolution that prevents OSHA from mills should have to comply with these nomic problems. implementing an ergonomic standard. If we pass this resolution today, we rules the same as American textile Mr. GEORGE MILLER of California. are effectively saying we know one mills. Mr. Speaker, I yield 1 minute to the We do not at present require Mexican might get hurt and have injuries that gentlewoman from Connecticut (Ms. and Chinese friends to comply with the last a long time, but we do not care. I DELAURO). am not willing to make that statement minimum wage. So it concerns me that Ms. DELAURO. Mr. Speaker, every today. OSHA is planning to let them off the year, millions of hard-working Ameri- This standard will help countless hook on ergonomics as well. cans are injured on the job, men and nurses, clerks, laborers, and, yes, fac- I also want to see the OSHA plan for women who do not have anyone look- tory workers. Factory workers like enforcement of these new ergonomic ing out for them. They work two jobs, Ignacio Sanchez, my father, who standards for the Canadian lumber in- three jobs. Many do not have health in- worked for 40 years in the factory be- dustry. Under these new rules, it looks surance. Many make the minimum cause he had to support seven children. like it might be illegal for a logger to wage. They are meat packers, poultry These are the type of people my col- pick up a chain saw. I really want to workers, cashiers, assembly line work- leagues hurt today by passing this res- know if our Canadian friends will have ers, sewing machine operators. My olution. to operate under the same restrictions mother was a sewing machine operator. The problem with the resolution is that we are. They do the jobs that Members of that it would not only revoke the cur- See, my district has lost hundreds of Congress do not want to do. They are rent ergonomic standards, but it would jobs in the past few months to sub- the face that the Republican leadership prevent the Department of Labor from sidized Canadian timber prices, while today does not want us to see. They are issuing future general standards. How we have all but kicked our loggers out the ones who will pay with their liveli- can Congress prepare to debate a tax of the National Forests. hood when we roll back these work- bill for the rich and yet hurt the work- Now, I also have an even trickier place safety rules. ing people of America? I ask my col- question. When Mexican and Canadian In Connecticut, over 11,000 workers leagues to vote against this resolution. truckers come driving their loads of suffered workplace injuries in 1998. Mr. BOEHNER. Mr. Speaker, I yield 4 textiles and logs down our interstate They were forced to miss one day of minutes to the gentleman from Geor- highways as called for by NAFTA, is work. The cost to Connecticut’s econ- gia (Mr. Norwood), chairman of the OSHA going to enforce the same ergo- omy was $1 billion a year. Subcommittee on Workforce Protec- nomic standards on them as they do The President, the Republican lead- tions. our Teamsters? ership have decided that these workers Mr. NORWOOD. Mr. Speaker, I would Mr. Speaker, every Member of this do not deserve basic protections. The like to make it very clear to my House and every union worker in Wall Street Journal told us why yes- friends on the other side of the aisle, as America needs to recognize a terrifying terday. They said that the big indus- chairman of the Subcommittee on reality about the implementation of tries that bankrolled the Bush cam- Workforce Protections, I care about these standards. These new rules in- paign have now lined up looking for, the health and safety of workers just clude a total labor of compliance for and I quote, a return on their invest- as much as they do. But this is a very every corporation who will move U.S. ment. That is what this is all about bad rule coming from OSHA that could, jobs across our northern and southern today. That is why we are rolling back indeed, hurt those same workers they borders out of this country. Mr. Speak- worker-safety laws. want to protect. er, it appears our workers may face Stand with the people of America and Let us just take one simple hypo- more of a danger from new OSHA regu- not with the special interests. Vote thetical. Let us say an employee hurts lations than they ever would from re- against this bill today. themselves playing softball. They petitive motions. Mr. BOEHNER. Mr. Speaker, I yield 1 know that, under this regulation, if I urge rejection, I urge us all to dis- minute to the gentleman from Arizona they claim this musculoskeletal dis- agree with this standard whole- (Mr. FLAKE). order and can blame it on the work heartedly. It is as bad as the one this Mr. FLAKE. Mr. Speaker, it is not force, then they can take 90 days off House let the Labor Department pass 9 often that one gets to go to the House with 90 percent of their pay. The in- or 10 years ago on the blood-borne floor and actually vote on substantive jured patient then gets to the doctor pathogen standard. I know how bad legislation that will roll back regula- and gets the doctor to say this softball that one was because, in my other life, tion. It is equally a rare opportunity to accident really is work related. The I had to live under that nonsense. stand and commend the Senate for employers call the doctor and say, wait Please do not allow them to get away doing the right thing before we get a minute, this MSD was caused by with this again. Let us come back and here. Today we get to do both. I appre- playing softball. I know that. Two or write real standards. ciate this opportunity. three of our employees saw it. The doc- Mr. GEORGE MILLER of California. I stand in strong support of this leg- tor says, sorry, I cannot talk to you Mr. Speaker, I yield 1 minute to the islation. There is never a good time to about this. It is against the law. gentleman from Maryland (Mr. HOYER), March 7, 2001 CONGRESSIONAL RECORD — HOUSE H697 a member of the Committee on Appro- The time to act is now. American’s workers b 1900 priations, Subcommittee on Labor, can’t afford to wait. But the main point my colleagues Health and Human Services and Edu- I urge my colleagues to vote ‘‘no’’ on the have missed is it is the employer that cation. joint resolution of disapproval. decides whether or not the worker is Mr. HOYER. Mr. Speaker, I thank Mr. GEORGE MILLER of California. injured, not anybody else. My col- Mr. Speaker, I yield 30 seconds to the the chairman for yielding me this leagues are in fact asking America to gentleman from New Jersey (Mr. ROTH- time. suffer injury, if this is the legislative Mr. Speaker, on whatever side of the MAN). Mr. ROTHMAN. Mr. Speaker, these process of this House. If there is any issue, we all ought to be against this mercy, mercy on the American people. legislation on the floor today. To the workplace safety standards were not developed over night. They were dis- Mercy on the American people. This is new Members who come here, did they a disgrace. Vote against it. come here expecting to have no hear- cussed under a Republican administra- tion. It took thousands and thousands Mr. Speaker, I rise in strong opposition of ings, no consideration, no full debate S.J. Res. 6, Disapproving Resolution for the on issues of consequence to hundreds of of comments, 7,000 written comments. One thousand individuals came to hear- OSHA Ergonomics Rule. The resolution being thousands and, yes, millions of Ameri- considered by the House today will adversely cans? Is that how we are going to run ings across the Nation. They were not developed overnight. affect the American worker’s right to be prop- the House of Representatives? Is that erly compensated when injured on the job. I the responsibility we owe in a democ- As a result, these regulations were promulgated, put forth, only nine vehemently oppose this action to repeal the racy? Occupational Safety and Health Administration The gentleman from Georgia (Mr. pages to protect American workers. They have not even been put into effect (OSHA) regulations regarding the ergonomics NORWOOD) has been rolled on the Pa- yet. The Republican majority today, rule. tients’ Bill of Rights by his own leader- Under current law, Congress may repeal an ship? Why do we come to the floor roll- and President George W. Bush, want to throw out these workplace safety regu- agency’s regulation by enacting a resolution of ing us once again, and when I say ‘‘us,’’ disapproval within 60 days of the rule being not the Democrats and Republicans in lations before they have even been put into effect after 10 years of discussion promulgated. S.J. Res. 6 disapproves the rule the House of Representatives, but the issued by OSHA of the Labor Department re- thousands of people who might just and work. Vote no on this rule. Mr. BOEHNER. Mr. Speaker, I yield garding repetitive-stress injuries and provides want to come here and tell us how they 30 seconds to the gentleman from Geor- that the rule, announced in November, shall believe, what they think, what their gia (Mr. NORWOOD). have no force, effectively repealing it. perceptions are. Mr. NORWOOD. Mr. Speaker, I thank The regulation addressed by this dis- The gentleman from Georgia (Chair- the chairman for yielding me this approval resolution was issued in the final man NORWOOD) said this, ‘‘No reason to time. days of the Clinton Administration by (OSHA) believe they,’’ speaking of Libby Dole Mr. Speaker, I would simply like to to prevent repetitive-stress injuries. Since the and George Bush, ‘‘would be for this tell the gentleman from Maryland (Mr. appropriations act for FY 2001 was not en- legislation.’’ Of course there is no rea- HOYER) I do not look like I have been acted by last November, the Clinton adminis- son to believe, because we have not rolled, and I do not feel like I have tration was given an opportunity to promulgate asked them. We have not asked any been rolled; and we will get a patients a final ergonomics rule. American to come in and tell us what protection bill out. But it will not do The rule, promulgated last November by should we do. That is not the way to any good if my colleagues allow this OSHA, generally covers all workers, except legislate. standard to go through that OSHA is those in construction, maritime, railroad or ag- Reject this legislation. trying to put down on us. riculture, who are covered by other protec- Mr. Speaker, the final Workplace Safety Mr. GEORGE MILLER of California. tions. The rule requires employers to distribute Standard issued by the Occupational Safety Mr. Speaker, I yield 30 seconds to the to their employees information about and Health Administration on November 14, gentleman from New Jersey (Mr. musculosketal disorders (MDSs) and their 2000, was the result of a 10-year public proc- PASCRELL). symptoms. The OSHA rule that the resolution ess initiated in 1990 by Secretary of Labor, Mr. PASCRELL. Mr. Speaker, to my disapproves took effect January 16, 2001, but Elizabeth Dole. friend from Florida, some companies most of the requirements of the rule are not Use of the Congressional Review Act to re- do help the employees and workers and scheduled to be enforced until October 15, peal the Workplace Safety Standard is an ex- some do not. That is why we have Fed- 2001. Employers must also respond to em- treme measure. Not only would it represent eral legislation. ployees’ reports of MSDs, or symptoms of the first vote ever in Congress to take away a The young lady sitting to my left, MSDs, by this date. public health and safety protection, but it this hard-working young lady, is re- The rule requires—and for good reason—to would also prevent OSHA from ever issuing lieved every 15 minutes, is replaced. take action to address MSDs and ergonomic other important worker health and safety She goes downstairs and transcribes. hazards when an employee reports a work-re- measures. So while someone just said that lated MSD and has significant exposure to Each year, U.S. workers experience 1.8 mil- OSHA does not cover Federal employ- ergonomics risk factors. Under the rule, it is lion work-related repetitive stress disorders. ees, executive orders cover Federal em- the employer who determines if the MSD is And every year 600,000 workers in America ployees. Know the law. Know the law work-related; if it requires days away from lose time from work because of repetitive mo- right under our noses. work, restricted work, or medical treatment be- tion, back and other disabling injuries. Mr. GEORGE MILLER of California. yond first aid; and if it involves signs or symp- According to the Bureau of Labor Statistics, Mr. Speaker, I yield 30 seconds to the toms that last seven consecutive days after 34 percent of all lost workday injuries are re- gentlewoman from Texas (Ms. JACK- the employee reports them to the employer. lated to repetitive stress injuries. These inju- SON-LEE). The employer must do a quick check to as- ries are often extremely painful and disabling; (Ms. JACKSON-LEE asked and was sess whether the employee is exposed to sometimes they are permanent. given permission to revise and extend ergonomics risk factors, including repetition, Last year the Department of Labor esti- her remarks.) force, awkward postures, contact stress and mated that the workplace safety rule would Ms. JACKSON-LEE of Texas. Mr. hand-arm vibration. The rule would allow prevent about 300,000 injuries per year, and Speaker, this is a direct attack on the workers to finally receive the compensation save $9 billion in workers compensation and separation of powers. It certainly is they deserve. related costs. amazing to me that my colleagues have S.J. Res. 6 would effectively dismantle an Due to riders and similar block-at-all costs not taken the time to go and see what effective solution to the most important safety tactics since 1995, the delay in implementing it is to be in the poultry factory, and health problems that workers face today. this rule cost $45 billion in workers’ com- plucking legs and wings day after day The procedure being used to overturn the rule pensation and related costs, and allowed 1.5 and time after time, or being a high- prevents any kind of reasoned debate about million painful and disabling injuries that could tech worker. What an irony, it has the merits of the ergonomics rule. have been prevented. taken 10 years to do this; and over- Let’s look at the facts. Workplace practices The problems are real, but so are the solu- night, in 5 minutes, we are throwing it cause millions of ergonomics injuries each tions. The time for delay is past. out. year. OSHA’s rule will prevent more than 4.6 H698 CONGRESSIONAL RECORD — HOUSE March 7, 2001 million of these injuries in the first ten years Mr. Speaker, this really is a historic the job. How about the Home Depot and will benefit more than 100 million workers day in the people’s House. This is the worker? Same kind of waist band, and throughout the nation. first time that the Congressional Re- Amazon.com, we see them running OSHA estimates that the ergonomics stand- view Act of 1996 is actually working its around. How about the people at the ard will cost American businesses $4.5 billion way through Congress and for the first Kroeger store who stock the shelves? annually. But it will also save businesses $9.1 time in the 10-plus years that I have Those companies are there looking out billion in worker’s compensation costs and lost been a Member of Congress that the for their workers, as all employers are. productivity each year. This is an economic ar- Congress has stood up to the bureauc- And for Kroeger, as an example, when gument often forgotten. racy. it comes to the checkout person and The current ergonomics standard is the Yes, the gentleman from California is the height of that table they operate long-awaited result of a 10-year process right, there are nine pages of regula- from and that cash register, that is all begun by former Labor Secretary Elizabeth tions; but it took OSHA 600 pages to designed to protect those workers. Dole. This resolution is being considered try to explain this to American busi- So I would ask all my colleagues under a procedure that prevents reasoned nesses. And it would take any business today to stand up on this historic day consideration of the merits of this ergonomics owner in America a lawyer, a lawyer, and do what is right. Do what is right rule and prohibits amendments to that rule. to read through this to figure out ex- for American workers and do what is The resolution was rushed through the Senate actly under what conditions the em- right for American business, and let us and was abruptly added to the House sched- ployer had to live by this regulation. once and for all tell the bureaucracy ule by the GOP leadership—without adequate Now, we have heard a lot of debate here in Washington, enough is enough. notice usually given to such important meas- today about the fact there is only 1 Mr. GEORGE MILLER of California. ures. hour that we are going to have this dis- Mr. Speaker, I yield such time as she The recent National Academy of Sciences cussion today. Now, all of the Members may consume to the gentlewoman from study proves conclusively that workplace prac- who have been here, more than those Florida (Ms. BROWN). tices cause ergonomics injuries and that who were just here the last month and (Ms. BROWN of Florida asked and ergonomics programs work to prevent and a half, know that we have debated this was given permission to revise and ex- limit these types of injuries. This study simply issue for 10 years; and for the last 6 or tend her remarks.) confirms the results of numerous previous 7 years we have voted, the Congress, Ms. BROWN of Florida. Mr. Speaker, studies. every year, to stop this and told OSHA I rise in opposition to this first attack Mr. Speaker, if there are problems with the to go back and take a look at it be- from the Bush administration on the ergonomics rule, we should make changes to cause it is too broad, it is too com- working people after the coup d’etat address those problems. But such changes plicated, and it is too excessive on that took place in Florida. could be made administratively—without American workers and the people that Mr. Speaker, I rise in strong opposition to throwing out the entire rule and, with it, any they work for. this resolution. Corporate America, President debilitating ergonomic injuries. Let us pause And what happened? The bureauc- Bush and this Republican controlled Congress for a moment and remind ourselves of our ob- racy never listened. OSHA continued are abandoning the scientifically based worker ligation to provide full compensation of work- down their path of trying to shove this safety protections that the Labor Department ers’ injuries. I urge my colleagues to oppose down the throats of the American peo- had finally put in place. the resolution. ple. This Congress today is standing Mr. GEORGE MILLER of California. up, finally, to the bureaucracy and say- I would also like to point out that without the Mr. Speaker, I yield myself such time ing, enough is enough; it is time to do coup that took place this past November in as I may consume. something reasonable or not do it at Florida, we would not be having this debate. Mr. Speaker, I said earlier this all. This is another perfect example of how much evening this was an assault on the Now, why do I get a little excited it really does matter which party is in power American worker, and it is; but it is about this? Well, let us go back. Let us and which party cares about our nation’s also an insult to the American worker go back to October when Congress workers. that earlier today, rather than extend voted again to make sure that this After years of struggle, the newly enacted the debate so we could discuss the study did not go into effect. Four days worker protections are already under attack, facts, so we could debate it back and after the election, the Clinton adminis- and are about to be stamped out completely. forth, the House chose to rather stand tration and OSHA decided they were Big business and their allies in Congress, in recess than have a debate in the peo- going to proceed with this regardless of through an undemocratic political maneuver, ple’s House. what the Congress thought. Why 4 days want to throw out 10 years of struggle and re- When we asked for a hearing in com- after the election? So it could take ef- search to kill the standards that require em- mittee, there was no hearing forth- fect 4 days before the new administra- ployers to protect workers. coming in the committee. When the tion came to office. Remember, working men and women are Committee on Appropriations asked for I do not think that is what the Amer- the backbone of this country, and I cannot be- a hearing, there was no hearing. Yet ican people want. And I am proud of lieve that this Congress is simply ignoring their for years the Republicans have stalled the fact that my colleagues today will safety. this regulation by saying they wanted stand up and tell the bureaucracy, OSHA was finally moving forward to de- more evidence, they wanted additional enough is enough; that they are going velop a standard to prevent unnecessary inju- studies. They stalled it right up until to do things in a reasonable, respon- ries, and this bill would only cause those work- the last days of the Clinton adminis- sible way or they will not do them at ers more pain. tration. And then when President Clin- all. I urge my colleagues to stand up for the ton issued this regulation in the last Who are the people who are most workers of America and vote against this reso- days of his administration, they said, concerned about their workers in this lution. How could he do this at the last country? It is American small busi- Mr. CONYERS. Mr. Speaker, I rise today in minute? Because they had been stalling nessmen and small businesswomen who support of federal employees, who after ten him for 6 and 7 years to promulgate know that their workforce is the heart years of studies, scientific evidence and mil- this regulation. This is like the people and soul of their business. The chances lions of injuries, have taken the evidence and who kill their parents and then ask for them to succeed are based on their acted to protect the public interest. I rise in mercy from the court because they are workers and the relationship they have support of the findings of the studies initiated orphans. with their workers. They are the ones by my Republican Colleagues, which found It is no wonder this regulation has that are interested in them. not once, not twice, but in three separate stud- been stalled. And now when it is finally We heard about the FedEx drivers ies, that Musculoskeletal Disorders, which in- in place to protect the American work- with the bands around their waist, or jure nearly 2 million people annually, are ers, they insult the American workers the UPS drivers. Why do they wear caused by ergonomics hazards in the work- by overturning it in 1 hour. that? Not because of OSHA. Because place. I rise in support of the employees in my Mr. BOEHNER. Mr. Speaker, I yield their employer wants to make sure state and district who have suffered workplace myself the balance of my time. that they keep them healthy and on injuries, and who have continued to suffer March 7, 2001 CONGRESSIONAL RECORD — HOUSE H699 without the protection of an ergonomics stand- The problems with the OSHA ergonomics spare workers the pain, suffering and disability ard which has been found to prevent those in- regulations are numerous. Musculoskeletal caused by these injuries. If S.J. Res. 6 juries. I rise to applaud the Clinton Administra- disorders are poorly defined with no differen- passes, our workers will have no safety mech- tion’s efforts to protect worker safety and the tiation between job injuries and those, which anisms to protect them from being injured at enactment OSHA’s most significant rule to are pre-existing. It is impossible to ignore non- the workplace. date. Unfortunately, this legislation is just an- work-related factors, yet OSHA requires em- We cannot gamble with our worker’s health other attempt by the Republican Party to elimi- ployers to do so. Furthermore, there is no and safety. They should not have to suffer un- nate the gains that the Clinton Administration medical standard for confirming injuries or a necessary injuries. We must move forward gave to American workers. standard treatment protocol. Employees will and implement OSHA’s important protections If I were to tell you that 1,600 children were also be left to determine whether to follow a that will prevent more workers from being hurt. being injured at their schools every day, if federal OSHA requirement or state workers’ It is unfortunate that the Bush Administration 1,600 people were injured every day in car ac- compensation laws when any musculoskeletal is declaring war on working families by sup- cidents, if 1,600 people a day were injured in disorder occurs. porting this proposal. This Administration is any other fashion, we would have a national Industries have done extensive research of pushing this bill in order to pay off the big crisis on our hands. But when OSHA, the De- employees and their worker safety records. businesses that supported their election. partment of Labor, the Centers for Disease The results of their research have shown that But what about the working class who will Control, and three separate studies, find that voluntary initiatives such as early intervention, suffer tremendous losses due to the passage 1,600 workers are injured so severely on the job rotation, worker training, new equipment, of this bill? This is the same week that the Republicans job every day, that they need time off of work, and increased mechanization contribute to im- want to pass a tax cut to benefit the wealthy we not only turn our back on workers, but we proving worker safety records. while at the same time abolish workplace attempt, for the first time ever, to rescind a Passing this resolution to rescind OSHA’s safety standards for the working class! Where rule issued by federal agencies. These 1600 ergonomics regulation will be a victory for are the priorities our President and Republican injuries are preventable, my friends! These in- workers and businesses in Georgia. We must leadership? juries are estimated to cost 20 billion dollars ensure that workers have safe conditions in I strongly urge my colleagues to support our annually in workers compensation, while the which to work while at the same time allowing hard-working individuals by voting ‘‘no’’ on actual cost to the economy is nearly 50 billion businesses to prosper. The Clinton Adminis- passage of this proposal. dollars. These injuries result in lost wages for tration’s last minute, costly ergonomics man- Mr. BENTSEN. Mr. Speaker, I rise in strong working families and lost productivity for strug- date would have resulted in layoffs and higher opposition to S.J. Res. 6, the Disapproving gling small businesses. And it’s preventable! prices for goods and services. I urge all of my Resolution for the ergonomics rule that the I also rise today in strong opposition to the colleagues to join me in supporting this resolu- Occupational Safety and Health Administration method by which this legislation has come to tion. issued to prevent workplace-related repetitive- the House Floor. The Congressional Review Ms. LEE. Mr. Speaker, I rise in strong oppo- stress injuries. Act has never before been used to review a sition to S.J. Res. 6, the Disapproval Resolu- Today we stand poised, for the first time, to rule that our agencies have issued. It’s never tion for the OSHA Ergonomics Rule. This pro- disapprove an agency rule under the Congres- before been used. Ever. The Congressional posal will repeal ergonomic standards that sional Review Act (CRA). The target of this Review Act is an extremist tool, a part of the protect millions of working men and women. unprecedented effort is a rule that tries to ad- Contract with America, and it’s being used to These ergonomics guidelines were issued in dress musculoskeletal disorders (MSDs). The tie the hand of our federal agencies, and of fu- the final days of the Clinton administration by rule requires employers to take actions to ad- ture Congresses, and to end any chance of the Occupational Safety and Health Adminis- dress MSDs and ergonomic hazards if and ever protecting workers from preventable inju- tration (OSHA) to prevent repetitive-stress in- when the employer determines that an em- ries. The method by which this bill has come juries. ployee, who has significant exposure to to the House floor today, has left both sides These guidelines are designed to prevent ergonomics risk factors, has reported a work- unable to amend the legislation, bypassing musculoskeletal disorders, such as back inju- related MSD injury. This process was com- long established House procedures, including ries and carpal tunnel syndrome, which con- menced by former Labor Secretary Elizabeth review by the appropriate committee’s. It’s stitute the biggest safety and health problem Dole in 1990, during the first President Bush’s been rushed through by people long opposed in the workplace. Such injuries account for administration, who noted at the time that to OSHA’s ergonomics rule, and will result in nearly one-third of all serious job-related inju- there was sufficient scientific evidence to re- permanent debilitating injuries to employees, ries. quire OSHA to proceed to address ‘‘one of the and in billions of dollars of damage to our In 1999, according to the Bureau of Labor nation’s most debilitating across-the-board economy. Statistics, more than 600,000 workers suffered worker safety and health illnesses of the I encourage all of my colleagues to take a injuries caused by repetitive motion, heavy lift- 1990’s’’ Here we are, over a decade later, still close look at the studies which opponents to ing, and forceful exertion. Ergonomics injuries arguing about whether the OSHA has the au- this rule commissioned. They prove conclu- affect every sector of the economy, including thority to promulgate a workplace ergonomics sively that ergonomic practices can prevent in- nurses, cashiers, computer users, truck driv- rule. juries and help improve the quality of life of all ers, construction workers, and meat cutters. It is important to stress two things. First, working Americans. I strongly discourage es- Women are particularly harmed by such in- under the ergonomics rule, it is the employer, tablishing this dangerous precedent, and ask juries. Employees in data entry positions, as- not the employee, who determines if the re- that they vote against the Disapproval Resolu- sembly line slots, nursing home staffs and ported MSD is work-related. Employers may tion for the Ergonomics Rule. many other jobs face a heightened risk of obtain the assistance of a health care profes- Mr. CHAMBLISS. Mr. Speaker, I rise in workplace injury if implementation of the new sional in determining whether the MSD is strong support of the Senate Joint Resolution ergonomics standard is halted. work-related or employers may make the de- 6 to overturn the Occupational Safety and A January 2001 National Academy of terminations themselves. Second, the Health Administration’s flawed ergonomics Sciences (NAS) study concluded that there is ergonomics rule does not apply a ‘‘one-size- regulation. OSHA’s Ergonomic rules are un- abundant scientific evidence demonstrating fits-all’’ approach that forces employers to es- necessary, too costly to businesses, and may that repetitive workplace motions can cause tablish comprehensive ergonomics program. not accomplish the stated goal of improving injuries, and that such injuries can be pre- Employers are given the flexibility to tailor their worker safety. vented through ergonomic interventions. response to the circumstances of their work- The proposed regulation is expected to cost OSHA developed a set of regulations to pre- place. Employers may use a combination of $4.5 billion to the economy according to vent extensive worker injuries. It is estimated engineering, administrative and work-practice OSHA, I believe the cost will far exceed that. that implementation of these regulations will controls to reduce hazards. I suspect if the Small, medium, and large businesses would prevent more than 4.6 million injuries over the Agency put out specific requirements, they incur billions of dollars in new costs. If allowed next decade and save employers $9.1 billion would be chided for being to inflexible and to go into effect the OSHA regulation will be a year. If S.J. Res. 6 passes the House, placing impractical burdens on employers. the biggest, most onerous new government OSHA will be barred from issuing comparable Opponents of the ergonomics rule argue mandate industries have faced in years, and protections to protect workers. that the costs of complying with the OSHA there is absolutely no concrete evidence that Our workers need to be protected. The ergonomics standard will be $100 billion. it would result in a greater reduction in inju- OSHA guidelines will prevent hundreds of While I understand these concerns, and be- ries. thousands of serious injuries each year and lieve that the compliance burden of the H700 CONGRESSIONAL RECORD — HOUSE March 7, 2001 ergonomics standard should be limited, espe- ries. In the interest of protecting millions of It would be unconscionable to allow RSIs to cially on small businesses struggling to make workers from debilitating injuries, Congress continue to plaque working families in the new a profit, I am also concerned that some work- should reject the resolution of disapproval. millennium. ers may suffer undue stress and injuries from Mr. SCHAKOWSKY. Mr. Speaker, The Joint Resolution of Disapproval over- repetitive motions which could result in even ergonomics may be a fancy-sounding name turns last November’s standards and prevents greater costs. Studies have found that these but the impacts on workers from ergonomic the Department of Labor from issuing any disorders constitute the largest job-related in- hazards, including repetitive stress injuries similar standard unless specifically authorized jury and illness problem in the United States (RSIs), carpal tunnel syndrome and tendonitis by Congress. The Bush Administration and its today. Employers pay more than $15–$20 bil- are down-to-earth and serious. Working men Republican supporters in Congress say that lion in workers’ compensation costs for these and women who suffer from ergonomic inju- the rule costs too much. It is too costly in pro- disorders every year, and taking into account ries have difficulty accomplishing the simple tect 102 million workers? This same Adminis- other expenses associated with repetitive tasks that we take for granted. They often tration has proposed giving $774 billion to the stress injuries (RSIs), this total may increase cannot open a can of soup, cannot comb their richest one-percent of all Americans over the to $45–$54 billion a year. While thousands of hair, and cannot hug their children. All of us next 10 years. companies have taken steps to address and know someone who has suffered a repetitive I believe the November standards make prevent musculoskeletal disorders (MSDs) or stress injury. Many keep working, in pain, be- sense in terms of workplace health and safety RSIs, half of all American workplaces address cause they cannot afford to stop. Their injuries and economic productivity. But even if you be- ergonomics. The annual costs of this standard are serious, they are obvious, they are often lieve that the employers need help to make to employers are estimated to be $4.5 billion, life-long and—most importantly—they are pre- ergonomic changes, why not take some of while the annual benefits it will generate are ventable. that $774 billion and use it to improve work- estimated to be $9.1 billion. Every year, 600,000 workers suffer serious place safety? I simply do not believe that pro- Mr. Speaker, I rise in strong opposition to injuries because of ergonomic injuries (accord- tecting workers is beyond our means. this shortsighted congressional action has ing to a 1999 BLS study). Many of those in- ERGONOMIC INJURIES IN ILLINOIS ramifications far beyond treating the rule as if jured workers are women. In fact, while (Prepared for Representatives Rod R. it had never taken effect. Disapproval prohibits women are 46 percent of the workforce, they Blagojevich, Jerry F. Costello, Danny K. account for 64% of repetitive motion injuries, Davis, Lane Evans, Luis Gutierrez, Jesse OSHA from reissuing the same rule or a new Jackson, Jr., William O. Lipinski, David rule that is ‘‘substantially the same’’ unless the 69% of lost-work-time cases due to carpal tun- Phelps, Bobby L. Rush, and Janice D. new rule is specifically authorized by Con- nel syndrome, and 61% of lost-work-time Schakowsky) gress. Given the political minefield OSHA had cases from tendinitis. Ergonomic hazards are Minority Staff, Special Investigations Divi- to cross the first time, history tells us that they the cause of one-third of all serious job-related sion, Committee on Government Reform, won’t soon be traveling that road again, leav- injuries, but half of injuries affecting working U.S. House of Representatives, March 7, ing far too many American workers in work- women. They cost our nation $45 to $50 bil- 2001 places that do not address a substantial work- lion each year in medical costs, lost wages EXECUTIVE SUMMARY place hazard. and lost productivity. Ergonomic injuries, such as back problems, Mr. LEVIN. Mr. Speaker, I strongly oppose I, along with my Democratic colleagues in tendonitis, sprains and strains, and carpal the resolution pending before the House, the Illinois delegation, today released a report tunnel syndrome, are a serious and expensive which would disapprove the Department of prepared by the minority staff of the Govern- workplace problem affecting the health of hundreds of thousands of workers and cost- Labor workplace safety rules related to ment Reform Committee. It found that, in ing the U.S. economy billions of dollars an- ergonomics. In the strongest possible terms, I 1998, 26,734 Illinois workers suffered injuries nually. In 1998, almost six hundred thousand urge my colleagues to reject this measure. so severe that they missed at least one day of workers suffered ergonomic injuries that There have been ten years of science and work. Of those injuries, 5,554 workers—more were so severe that they were forced to take study on this issue. Each year, it is estimated than 1 in 5—missed more than a month of time off of work. that 1.8 million Americans suffer from work- work. The cost of Illinois’ economy is over $2 Ergonomic injuries account for one-third place injuries, many of which result from over- billion a year. of all occupational injuries and illnesses and constitute the single largest job-related in- exertion or repetitive motion. Musculoskeletal Last November, after 10 years of study, 9 jury and illness problem in the United injuries on the job cause 300,000 injuries each weeks of hearings, 11 best practices con- States. The National Academy of Sciences year. Workers in the meatpacking and poultry ferences, 9 months of opportunity for written has estimated that the costs of ergonomic industries, auto assembly, nursing homes, comment, and years of legislative delays, injuries to employees, employers, and soci- transportation, warehousing, construction and ergonomic standards were finally issued to ety as a whole can be conservatively esti- data entry are among those most affected. prevent injuries. The program standard issued mated at $50 billion annually. Due to the demographics of these jobs, last fall outlined the benefits from this rule: 4.6 The U.S. Department of Labor has worked for a decade to develop regulations to pre- women are particularly at risk. Many of these million fewer injuries, protections for 102 mil- vent ergonomic injuries. These regulations injuries are serious enough to require time off lion workers at 6.1 million worksites, $9.1 bil- were finalized in November 2000. However, from work, and cost businesses billions in lion in average annual savings, and $27,700 Congress is now considering repealing these workers compensation. savings in direct costs for each injury pre- regulations using the Congressional Review It speaks volumes that after years of delay- vented. The cost: $4.5 billion a year. Half of Act, a special legislative maneuver that has ing these workplace safety standards with the the projected savings result from preventing never been used before. argument that more time and study were In order to estimate the impact of a repeal 4.6 million injuries. of the ergonomics rule on Illinois workers needed, the Republican Majority has rushed In January 2001, the National Academy of and on the state’s economy, Reps. Rod R. this resolution of disapproval to the Floor with Sciences issued a Congressionally-mandated Blagojevich, Jerry F. Costello, Danny K. little notice, no committee hearings, no possi- study, giving the latest in a long line of con- Davis, Lane Evans, Luis Gutierrez, Jesse bility of amendment, and only one hour pro- firmations that ergonomic injuries are a seri- Jackson, Jr., William O. Lipinski, David vided for general debate. It’s also ironic that, ous workplace problem and they can be pre- Phelps, Bobby L. Rush, and Janice D. should the House adopt the resolution before vented through standards to reduce ergonomic Schakowsky requested that the Special In- us today, a workplace safety rulemaking that hazards. vestigations Division of the minority staff of began 9 years ago during the first Bush Ad- There is practical evidence as well. At com- the Committee on Government Reform con- panies like 3M and the big three auto makers, duct a study of ergonomic injuries in the ministration will be derailed by the signature of state. This report, which is based on data ob- George W. Bush. ergonomic standards have not only helped re- tained from the Bureau of Labor Statistics If there are problems with the new duce worker injuries, they have saved money (BLS) and cost estimates prepared by the ergonomics rules, they can be addressed and made the companies more productive. National Academy of Sciences, presents the through the regular process, through hearings, Ten years ago, Labor Secretary Elizabeth results of the investigation. and perfecting changes. Instead, today we Dole called repetive stress injuries ‘‘one of the The report finds that: have a sledgehammer. nation’s most debilitating across the board Thousands of Illinois workers suffer from ergonomic injuries. In 1998, 26,734 Illinois Republicans should not be putting the spe- worker safety and health illnesses of the workers suffered ergonomic injuries that cial interests ahead of the public interest. 1990’s.’’ We have delayed action for 10 years. were so severe that they were forced to miss We’ve studied this and studied this for the last Over that time, 6 million working men and at least one day of work. Ergonomic injuries ten years. The results are in. It’s time to pro- women suffered needlessly. It is wrong that accounted for one-third of all occupational tect Americans from these preventable inju- we let the 1990’s go by without taking action. injuries that occurred in Illinois. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H701 Many of these ergonomic injuries are se- unless an employee reports an ergonomic in- The cost figures in this analysis are esti- vere, causing workers to miss significant jury or persistent signs of one. If an em- mates and are based upon several assump- time away from work. Of the 26,734 ergo- ployee reports an ergonomic injury or per- tions about the cost of treating ergonomic nomic injuries that caused workers to miss sistent symptoms, and the employee is ex- injuries and the lost wages and productivity time at work, 5,554, over 20%, caused workers posed to ergonomic hazards, the employer due to these injuries. However, because the to miss more than a month of work. Almost must then take action to address the prob- BLS data significantly underestimate the 60% percent of the injuries were so severe lem. This action could range from a ‘‘quick total number of injuries, it is likely that that they caused workers to miss more than fix,’’ if the injury is isolated, to implementa- these estimates are significantly below the one week of work. tion of a full ergonomics program. true cost of ergonomic injuries. According to Ergonomic injuries cost Illinois’s economy The standards cover over six million em- the National Academy of Sciences, ‘‘there is over two billion dollars each year. The anal- ployers and over 100 million workers. OSHA substantial reason to think that a signifi- ysis estimates that the total statewide cost estimates that compliance will cost $4.5 bil- cant proportion of musculoskeletal disorders of ergonomic injuries, including lost wages lion annually, but that the standards will that might be attributable to work are never and lost economic productivity, was approxi- save approximately $9.1 billion annually and reported as such.’’ For example, a study in mately $2.3 billion in 1998. prevent roughly 4.6 million injuries over the Connecticut found that only 10% of workers next ten years. who suffered from work-related ergonomic I. INTRODUCTION Congress is now considering overturning injuries had filed workers’ compensation Ergonomic injuries, such as back problems, these regulations using a special legislative claims, suggesting a high level of under- tendonitis, sprains and strains, and carpal maneuver, the Congressional Review Act reporting. tunnel syndrome, are a serious and expensive (CRA), which has never been used before. The IV FINDINGS workplace problem affecting the health of CRA, enacted in 1996 as part of the Repub- A. The Number and Severity of Ergonomic Inju- hundreds of thousands of workers and cost- lican Contract with America, allows Con- ries in Illinois ing the U.S. economy billions of dollars an- gress to repeal rules promulgated by execu- The Bureau of Labor statistics indicate nually. In 1998, almost six hundred thousand tive agencies. The CRA also allows Congress workers suffered ergonomic injuries that that ergonomic injuries are a severe problem to by-pass many procedural requirements in the state of Illinois. The data show that in were so severe that they were forced to take and repeal rules with very little debate. 1998, 26,734 workers suffered ergonomic inju- time off of work. Ergonomic injuries account On March 1, 2001, Senator Don Nickles (R– ries that were so severe that they were for one-third of all occupational injuries and OK) invoked the CRA and introduced S.J. forced to miss at least one day of work. illnesses and constitute the single largest Res. 6, which disapproves the recently en- Ergonomic injuries accounted for one-third acted ergonomics rule. If both the House and job-related injury and illness problem in the of all occupational injuries that occurred in the Senate pass the legislation to overturn United States. These injuries are painful and Illinois in 1998. debilitating. Ergonomic injuries can perma- the regulation, and the President does not Many of these ergonomic injuries are se- nently disable workers, not only reducing veto it, the ergonomics rule will be repealed. vere, causing workers to miss significant their ability to perform their job, but pre- The Labor Department would then be perma- time away from work. Of the 26,734 ergo- venting them from handling even simple nently prevented from issuing any nomic injuries that caused workers to miss tasks like combing their hair, typing, or ergonomics rule that is ‘‘substantially the time at work, 5,554, over 20%, caused workers picking up a baby. same’’ as the disapproved rule. to miss more than a month of work. Almost These injuries are also expensive. Employ- II OBJECTIVE OF THE REPORT 60% of the injuries were so severe that they ees lose wages because of these injuries, This report was requested by Reps. caused workers to miss more than one week while employers are forced to pay billions in Blagojevich, Costello, Davis, Evans, Gutier- of work. These extended absences cause fi- compensation and face high costs because of rez, Jackson, Lipinski, Phelps, Rush, and nancial hardship for employees and increase the loss of productivity from the injuries. Schakowsky to estimate the incidence of costs for their employers. The National Academy of Sciences has esti- ergonomic injuries in Illinois. While there Workers in some industries are at higher mated that the costs of ergonomic injuries have been analyses of the numbers of work- risk of ergonomic injuries than workers in to employees, employers, and society as a ers affected and the cost of ergonomic inju- others. Overall, workers in the manufac- whole can be conservatively estimated at $50 ries at the national level, there have been turing suffered the most injuries (7,303), fol- billion annually. few estimates of the extent of the problem at lowed by workers in the services sector (6,132 Both Republican and Democratic adminis- the state level. This report is the first con- injuries), and workers in transportation and trations have been concerned about ergo- gressional study to estimate the number of public utilities (4,731 injuries). Among indus- nomic injuries for over a decade. In 1990, ergonomic injuries in Illinois, as well as the try divisions employing a significant number Elizabeth Dole, Secretary of Labor for Presi- first to estimate the costs of these injuries. of Illinois citizens, the transportation and public utilities industry had the highest inci- dent George H.W. Bush, found that ergo- III. METHODOLOGY nomic injuries were ‘‘one of the nation’s dence rate of ergonomic injuries, 148 per This analysis presents an estimate of the most debilitating across-the-board worker 10,000 workers. number of ergonomic injuries in Illinois, and B. The Cost of Ergonomic Injuries in Illinois safety and health issues’’ and announced an estimate of their cost. The data on the that the Bush Administration was ‘‘com- number ergonomic injuries was obtained Ergonomic injuries cost Illinois’s economy mitted to taking the most effective steps upon request from the Bureau of Labor Sta- millions of dollars each year. In 1998, work- necessary to address the problem of ergo- tistics (BLS). BLS conducts extensive sur- ers’ compensation insurance paid injured nomic hazards. In June of 1992, President veys of 220,000 private employees in 41 states, workers in Illinois $1.7 billion. The BLS data Bush’s Labor Department began work to es- and produces state and national estimates of show that ergonomic injuries accounted for tablish regulations to solve the problem of the total number of workplace injuries and 33% of all workplace injuries in Illinois that ergonomic injuries. illnesses based on these survey results. The year. If workers with ergonomic injuries re- Under President Clinton, the Department data obtained from BLS includes informa- ceived a proportionate share of the payments of Labor continued to investigate the causes tion on all musculoskeletal disorders—such from workers’ compensation, the cost of and potential solutions to ergonomic inju- as sprains and strains, back injuries, and workers’ compensation payments for Illinois ries. Last year the Department held nine carpal tunnel syndrome—that caused em- workers that suffered ergonomic injuries in weeks of hearings with more than one thou- ployees to miss at least one day of work. In 1998 would be approximately $560 million. sand witnesses. It sponsored 11 best practices addition to obtaining information on the Workers’ compensation payments are only conferences and allowed for nearly nine total number of musculoskeletal injuries, a part of the total economic cost of ergo- months of written comment from the public. the minority staff also requested and ob- nomic injuries, however. Employers and em- It examined extensive scientific research, in- tained more detailed data on the types and ployees must not only pay for medical treat- cluding a 1998 National Academy of Sciences severity of injuries, the industries in which ment, but lose millions of dollars in lost study that found that ergonomic injuries can they occur, and the workers who are af- wages and lost economic productivity. Over- be caused by work and that workplace inter- fected. all, the National Academy of Sciences esti- ventions can reduce the number and severity The report also estimates the cost of ergo- mates that the total cost of ergonomic inju- of these injuries. Finally, on the basis of this nomic injuries in Illinois. In order to esti- ries to the U.S. economy is approximately evidence, the Department concluded that mate these costs in Illinois, the report relies $50 billion annually. In 1998, Illinois’s private ergonomic standards would reduce the num- upon the recent estimate by the National industry workers suffered 26,734 ergonomic ber and severity of ergonomic injuries. Academy of Sciences of the nationwide eco- injuries, which is 4.5% of all ergonomic inju- On November 14, 2000, the Department nomic costs of ergonomic injuries. The eco- ries that occurred in the United States. If issued the final standards to reduce the oc- nomic costs estimated by the National Acad- the state of Illinois bears a proportionate currence of ergonomic injuries. Beginning in emy of Sciences include medical costs, lost share of the nationwide economic costs of October of this year, covered employers must wages, and lost productivity. In order to de- ergonomic injuries, this would mean that provide their employees with information termine a statewide share of these costs, the total costs due to ergonomic injuries in Illi- about ergonomic injuries, how to recognize report calculates the proportion of all U.S. nois in 1998 were approximately $2.3 billion. and report them, and a brief description of ergonomic injuries that occur in Illinois. The V. CONCLUSION the new ergonomic standard. The employee report then uses this proportion to estimate This analysis finds that ergonomic injuries is not required to take any additional steps the total economic costs in Illinois. present a severe health problem for Illinois’s H702 CONGRESSIONAL RECORD — HOUSE March 7, 2001 workers and a significant economic cost Unfortunately, the rule put forward by the found that in 1999 musculoskeletal disorders statewide. Over 26,000 Illinois workers suf- Department of Labor is unnecessarily broad accounted for 130 million encounters with phy- fered ergonomic injuries that forced them to and overreaching. Rather than being limited to sicians, hospitals, emergency rooms and out- miss work in 1998. These injuries were often jobs that involve numerous repetitive motions serious, with almost 60% of the injuries caus- patient facilities. ing workers to miss more than a week of or excessive lifting, OSHA has created a rule The study concluded that there is a relation- work. The total cost of ergonomic injuries to so enormous in its scope that it regulates ship between back disorders and manual ma- employers and employees in Illinois in 1998 every motion in the workplace. Additionally, terial handling, heavy physical work, frequent was approximately $2.3 billion. specific parts of the proposal have been iden- bending and twisting and whole body vibra- Mr. CLAY. Mr. Speaker, I rise to urge my tified by small business as costly and trouble- tion. Repetition, force and vibration are related colleagues to support the OSHA Ergonomics some; a charge I take very seriously. Further- to hand and arm injuries. Standard by voting no on the CRA resolution. more, there are charges that many non-work The NAS concluded that ‘‘the weight of the The importance of maintaining the related factors may increase the likelihood of evidence justifies the introduction of appro- Ergonomics standard as it relates to the health injury, yet OSHA’s standard holds employers priate and selected interventions to reduce the and well being of American workers cannot be accountable. Lastly, some critics say there is rise of musculoskeletal disorders of the lower argued. Each year, ergonomic workplace haz- a lack of consensus in scientific communities back and upper extremities. These include, ards cause over 1.8 million Americans to suf- as to the causes and proven remedies for re- but are not limited to, the application of ergo- fer crippling Musculoskeletal disorders, or petitive stress injuries. nomic principles to reduce physical as well MSDs. And of those injuries, 600,000 result in Two specific concerns prompt me to cast a psychosocial stressors.’’ Clearly, the $1 million lost time from work. vote of no confidence on the ergonomics rule. NAS study mandated by Congress supports Clearly, MSDs are the greatest single safety Besides the legitimate concerns I have already the ergonomics rule. and workplace hazard confronting American discussed, I am skeptical of regulations that Consider the experience of the automobile workers today. But these types of injuries can are put into effect during the final days of an industry. In 1994 Chrysler, Ford and General be prevent simply by requiring employers to Administration that had eight years to promul- Motors and the United Auto Workers nego- adhere to specific ergonomics workplace gate them. Despite the obvious political as- tiated ergonomics programs in auto plants. standards—and the OSHA rules do just that. pects of these regulations, the idea that a rule The results: for workers, fewer and less se- The long overdue OSHA ergonomics stand- can use a ‘‘one size fits all’’ approach to ad- vere injuries; for employers, gains in produc- ard is supported by extensive scientific re- dress the immensely complex ergonomics tivity, 1994. The Bureau of Labor estimates search and an exhaustive rulemaking record. issue is foolhardy at best. Washington has that in just 1 year, 69,000 work-related injuries We have the testimony of scores of scientific tried this approach before and failed, time and were prevented in these companies. Of these, experts and hundreds of workers presented time again. Secondly, the negative impact the 41,000, or over two-thirds, were repetitive during numerous hearings on the matter—and 700 pages of regulations will have on small stress injuries. they confirm that MSD injuries ARE serious, businesses is predictable. It will cost them OSHA estimates that 102 million workers in and they ARE caused by inadequate work- time and money to decipher them, cost them 6.1 million workplaces would be covered by place environments, AND, they ARE prevent- more to implement, and cause many to simply the new ergonomics standard. Over ten years able. close up shop. Small businesses are the en- ergonomic problems in 18 million jobs will be Since 1990, when then-Secretary of Labor gine that drives the economy, and the more fixed. Direct cost savings for each of these Elizabeth Dole first promised to take action to difficult we make it for them to succeed problem jobs is $27,000, including saving lost protect workers from repetitive strain injuries, through unnecessarily burdensome regula- productivity, lost tax payments and the admin- more than 6 million workers have suffered se- tions, the more difficult it is for the economy to istrative costs related to workers’ compensa- grow. rious MSD injuries. tion claims. American workers have waited over ten My vote of no confidence on the ergonomics The ergonomics rule is extremely important years for this critical workplace protection and regulations does not mean I oppose an to women in today’s workforce. Women make we must not make them wait any longer. ergonomics standard; I just oppose this one. I up 46 percent of the workforce, but account Every member of Congress has experi- plan to work with Labor Secretary Chao to en- for 64 percent of repetitive motion injuries. Re- enced first-hand the enormous pressure com- sure our workers are protected from unhealthy ing from the White House, the Republican work environments. Secretary Chao has made peal of the ergonomics rule will have a dis- leadership and business groups for us to use clear in a letter to Members of Congress, ‘‘Let proportionate effect on women in the work- the Congressional Review Act to do away with me assure you that, in the event a Joint Reso- place. these critical worker protection standards. lution of Disapproval becomes law, I intend to Women account for 64 percent of repetitive But while the Bush Administration says pursue a comprehensive approach to motion injuries. Women account for 69 percent of lost-time these rules place an unfair financial burden on ergonomics which may include new rule- corporations, it says nothing about the long- making, that addresses the concerns levied cases from carpal tunnel syndrome. Women account for 61 percent of lost-time term health problems MSD’s impose on Amer- against the current standard * * * Repetitive cases from tendinitis. ican workers. stress injuries in the workplace are an impor- Annually over 180,000 women are injured These new safety and health protections will tant problem.’’ I pledge to work with her to see due to overexertion. prevent hundreds of thousands of serious a quality, common sense, workable According to the AFL–CIO, the top five jobs MSD injuries each year and spare American ergonomics standard put in place to protect with the highest number of nonfatal injuries re- workers the pain, suffering and disability the valued workers of our nation. caused by these debilitating injuries. Mrs. MINK of Hawaii. Mr. Speaker, the quiring time off are nursing aides, orderlies I urge every member of Congress to join ergonomics rule adopted by the Occupational and attendants; registered nurses; cashiers, with the scientific experts and safety and Safety and Health Administration (OSHA) ten maids and housekeepers and assemblers. health professionals in support OSHA’s years after first being proposed by then-Sec- Disapproving the ergonomics rule through Ergonomics standard, so all working people retary of Labor Elizabeth Dole will protect 102 use of the Congressional Review Act will pre- throughout this country can finally have the million American workers from injuries in the clude OSHA from ever again promulgating a workplace protections they so urgently need workplace. rule on ergonomics. The Administration could and so justifiably deserve. For the sake and The ergonomics rule is designed to protect amend, revise or even repeal the rule through health of American workers, vote no on the workers from musculoskeletal disorders the very same rulemaking process that led to CRA resolution. caused by highly repetitive, heavy and forceful the rule. Congress can effectively suspend the Mr. SWEENEY. Mr. Speaker, As the former work. The injuries that result account for near- rule by prohibiting OSHA from spending any Labor Commissioner for the State of New ly a third of all serious job-related injuries. money to implement the rule. But by dis- York, I have a long standing and well known According to the Bureau of Labor Statistics, approving the ergonomics rule through use of concern for workers rights and worker protec- in 1999 more than 600,000 workers suffered the Congressional Review Act, OSHA will not tion. I strongly believe that our workers are serious workplace injuries caused by repetitive be able to issue any ergonomics rule in the fu- companies’ best asset. Our workers are some motion and overexertion. These injuries cost ture. OSHA will never be able to implement of the best educated and most productive in employers and employees $45 to 54 billion any of the recommendations of the National the world and they deserve protection from annually in compensation costs, lost wages Academy of Science as a result of the use of unhealthy worker environments. For this rea- and lost productivity. the Congressional Review Act. son I was pleased to see the U.S. Department The National Academy of Sciences, in a I urge my colleagues in the interest of work- of Labor work to address workplace injuries. January, 2001 report mandated by Congress, er safety to please vote ‘‘no’’ on S.J. Res. 6. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H703 Mr. OTTER. Mr. Speaker, OSHA’s final out of, or in the course of, employment.’’ By The Idaho Farm Bureau Federation urges ergonomic rules are flawed and based on as- creating a controversial new government you to support the Joint Resolution of Dis- sumptions and speculation. Even a study done mandated compensation program, OSHA ex- approval on the ergonomic protection stand- ceeds its mandate of injury prevention and ard. by the National Academy of Sciences on supercedes and negatively affects Idaho’s Passage of the JRD would invalidate the ergonomics, which implied their support of worker’s compensation law. Work restriction ergonomic protection standard promulgated OSHA’s ergonomics regulation, called for protection is, in effect, a federal workers by the Occupational Safety and Health Ad- more research and better statistics. We can’t compensation system which conflicts with ministration in November 2000. OSHA would run agencies on assumptions, instead, agen- state administered workers compensation. still be free to offer guidelines and enforce cies must govern on sound principles. And State workers’ compensation laws, would other OSHA requirements for workplaces to sound principles do not include holding em- be undermined by OSHA’s proposed regula- be free of recognized hazards. OSHA would be tions. The rule provides for compensation far ployers responsible for employee injuries that prohibited from re-introducing substantially in excess of that provided under Idaho’s the same regulation later. may have occurred outside the workplace. Workers’ Compensation statues. The added Common Arguments Against a Congres- That’s simple unfair and unjust to small busi- compensation would leave such employees sional Review Act JRD and appropriate re- nesses across the country. with little incentive to return to work fol- sponses: What we have here is another federal agen- lowing an accident. The National Academy of Sciences (NAS) cy that doesn’t trust the American people. In The rule seems to state that the injury study that employers supported and obtained fact, small businesses, testifying before OSHA need not even be caused by the workplace in funding for confirms the need for an order for a worker to be compensated under ergonomics regulation. public hearings, suggested non-regulatory, the rule. Also the difficulty in diagnosing educational and voluntary approaches to ad- False: The NAS study clearly shows the the cause or even confirming the existence of contradictory nature of the research on ergo- dressing ergonomic issues. However, OSHA musculoskeletal disorders is well known. nomic injury and work-relatedness. NAS ignored small business concerns despite the These facts confirm the rule is a clear invita- even acknowledges that ‘‘psycho-social fac- fact the American people and small busi- tion to fraud. tors’’ (like personal stress, whether one likes nesses have voluntarily reduced injuries by We are concerned that the regulation is one’s job or employer) are major contribu- ahead of the science and that individual so- tors to workplace ergonomic injuries. 26% between 1992 and 1998. lutions do not always work generally. We OSHA estimated the ergonomics standard Employers are desperately seeking ways to have learned through implementing our own overturn the regulation even though ‘‘all the will cost employers $4.2 billion a year, but a program that for some employees, isolating Small Business Administration report esti- scientific evidence’’ indicates it is needed. workplace causes is straightforward. For False: OSHA rushed the ergonomic stand- mated the actual cost of compliance would be others it is not, depending upon activities ard through at the 11th hour of the Clinton as high as $42.3 billion. This cost will come outside the workplace and unique physi- administration despite the equivocal NAS out of American’s wallets just because OSHA ology. evaluation of the science. The American Col- Even if the causal link between the injury wanted to put this rule in place, even though lege of Occupational and Environmental and the workplace can be identified, abate- Medicine was so concerned about the science they did so without listening to the people ment is sometimes not clear. Yet, the rule supporting the ergonomic regulation that it through a Congressionally-mandated analysis. now creates potential liability for the em- withdrew its earlier support of an Mr. Speaker, along with the burden of an- ployer with no clear objective way to achieve ergonomics standard once OSHA published other regulatory program, OSHA’s program compliance. This is not appropriate. With a single-event trigger and the broad it. will invite a new wave of questionable claims Passing a Joint Resolution of Disapproval remedies mandated when such an event oc- and an increased number of lawsuits. Let us will prevent OSHA from ever addressing the curs, we will be forced to allocate limited re- get back to common sense, leave it up to peo- issue of workplace ergonomic injuries. sources to solve problems that may not real- ple in the workplace to decide, and vote for False: If Congress passes a JRD, the Con- ly exist, diverting those resources from gressional Review Act forbids OSHA from S.J. Resolution 6—a Measure of Disapproval where they can be best used to provide the again promulgating a regulation that is for OSHA. safest possible workplace. Mr. Speaker, I also submit the two letters at- Disputed claims would likely have to work ‘‘substantially’’ the same. OSHA would re- tain the right to issue guidance to employers tached for the RECORD, because they too state their way through both the OSHA system to prevent ergonomic injuries, to promulgate the case of OSHA’s misguided efforts. and the states’ workers’ compensation sys- tem, greatly increasing the cost to employ- best management practices, and even pro- MICRON TECHNOLOGY, INC., mulgate a future rule that is substantially Boise, ID, March 6, 2001. ers. Since the OSHA rule does not establish a system for dispute resolution, it is likely different from the November 2000 regulation. Rep. C.L. ‘‘BUTCH’’ OTTER, Thank you for your consideration of this 1st Congressional District, House of Representa- that implementation of the rule would result in a flood of litigation that would inundate matter. tives, Longworth House Office Building, Sincerely yours, Washington, DC. an already overtaxed federal court system. The paperwork created by the standard is RICK D. KELLER, DEAR REPRESENTATIVE OTTER: I am writing Executive Vice President, CEO. on behalf of Micron Technology, Inc. regard- extremely burdensome and does not nec- ing OSHA’s recent rules creating an essarily lead to increased safety. Mr. ENGEL. Mr. Speaker, I rise in opposi- As you can see OSHA’s ergonomics pro- ergonomics program standard. As Vice Presi- tion to the resolution to repeal the ergonomics gram standard is flawed in virtually all as- dent of Operations whose responsibilities in- rule on repetitive motion syndrome issued by pects and will negatively impact jobs, safety, clude the safety of Micron’s employees, pro- employee benefits, costs to consumers and the Occupational Safety and Health Adminis- viding a safe work environment is an essen- profitability. It is incumbent on Congress to tration (OSHA). OSHA has been working on tial part of my responsibilities. Micron cur- disapprove the rules and to consider more the new regulations for the last 10 years and rently has a quality ergonomics program and appropriate approach to reducing injuries in that work has produced a rule that will protect knows such a program can enhance work- the workplace. If you have any questions re- place safety. However, the standard adopted our nation’s workforce from what then Sec- garding the ergonomics rule and its impact by OSHA would have a negative impact on retary of Labor, Elizabeth Dole, called ‘‘one of on my company, please feel free to contact Micron and would actually inhibit our abil- the nation’s most debilitating across-the-board me. ity to provide the safest possible workplace worker safety and health illnesses in the Sincerely, for our employees. Therefore, we strongly 1990’s.’’ JAY HAWKINS, encourage you to vote for the Joint Resolu- V.P. Operations. The plain truth is that America’s workers tion of Disapproval of the Standard under suffer thousands of injuries every day and mil- the Congressional Review Act. IDAHO FARM BUREAU FEDERATION, lions of injuries every year. While not all inju- While the ergonomics rule may be well in- Pocatello, ID, March 6, 2001. tentioned, it is seriously flawed. These flaws ries are unavoidable, we in Congress have a Hon. BUTCH OTTER, include: duty to protect our workers from unnecessary The proposed regulations exceed the au- Longworth House Office Building, injury. The ergonomics rule will prevent thou- thority granted OSHA under the Occupa- Washington, DC. sands of injuries due to repetitive motion syn- tional Safety and Health Act of 1970 which Attn: Todd Urgerecht, Legislative Affairs Di- drome. It has been estimated that the new reads in part, ‘‘Nothing in this Act shall be rector. protections will prevent over four and a half construed to supercede or in any manner af- DEAR REPRESENTATIVE OTTER: The Senate million injuries over the next ten years and fect any workmen’s compensation law or to is scheduled to begin debate on Joint Resolu- enlarge or diminish or affect in any other tion of Disapproval (JRD) on the ergonomic save employers and workers $9 billion each manner the common law or statutory rights, protection standard on Tuesday, March 6, year. We cannot let this opportunity pass us duties, or liabilities of employers and em- and vote on the resolution on Wednesday, by. The fact that the resolution would prevent ployees under any law with respect to inju- March 7. The House may vote on the Senate- similar regulations from being implemented in ries, diseases, or death of employees arising passed resolution on March 8, or March 9. the future is unconscionable. Repetitive motion H704 CONGRESSIONAL RECORD — HOUSE March 7, 2001 syndrome is a real problem that will not go Let’s give the American people something send the standard back to the drawing board. away with the passage of this resolution. that they will really see and reap the benefits Rather, it would effectively prohibit OSHA from Our workforce is suffering and we can ill af- from each day—safe-working environments. issuing a protective standard to address the ford to repeal this much needed rule and This is not only good science, but good pol- nation’s largest job safety program. This effort leave workers without any of the protections icy. should be seen for what it is—an effort to kill deemed necessary by OSHA. It is amazing to Mr. LANGEVIN. Mr. Speaker, I rise today to any ergonomics standard once and for all. me that the republicans have resorted to dust- express my strong opposition to S.J. Res. 6. Unfortunately, the ergonomics regulations ing off the rule book to use a technicality as This resolution would effectively overturn ten are opposed by the majority party for the cost a means of blocking this provision. What are years of scientific study, public debate and they would impose upon employers without re- we to say to the thousands of workers that will agency efforts, which have resulted in a com- gard for the value they would provide to the suffer from repetitive motion syndrome in the prehensive and historic rule to protect the workforce and the long-term benefits to our years to come if this rule is repealed. I don’t health and safety of America’s workers. economy. Basic safety in the workforce should think that those suffering will be heartened by In 1990, when this process was initiated, be given, not some benefit that can be the notion that this is political posturing at its Labor Secretary Elizabeth Dole expressed her dropped at an employer’s whim. I oppose ef- best. concern that repetitive stress injuries con- forts to delay or overturn regulations that We cannot let this resolution pass. We must stituted one of the most serious worker safety would enhance safety in the workplace. let the ergonomics rule take affect so that our issues of the decade. Now it is a new decade, I urge my colleagues to vote ‘‘no’’ on the workers will enjoy the safety and protection and we finally have a standard in place to pre- resolution before us today. due to them. I urge all my colleagues to vote vent millions of injuries and create a safer en- Mr. CUNNINGHAM. Mr. Speaker, I rise no on the resolution. vironment in workplaces across the country. It today in support of S.J. Res. 6, The Mr. CROWLEY. Mr. Speaker, I rise today in would be a tragedy to dismantle all the Ergonomics Rule Disapproval Resolution. I am opposition to the Congressional Review Act progress that has been made and deny our pleased that this resolution has moved so (CRA) resolution to repeal the ergonomics workers the protections they deserve. quickly to the House floor, and I hope that it workplace safety standards. I understand the concerns of many business will soon be on its way to the White House to Each year, one million workers in this coun- owners that compliance with the ergonomics be signed by President Bush. try miss work as a result of the stress and rule will impose an economic and administra- I have very grave concerns about the strain of injury inflicted by hazardous work tive burden, and I am particularly sensitive to ergonomics regulations promulgated by the conditions. These individuals suffer from a va- the potential impact of the rule on small busi- Occupational Safety and Health Administration riety of disorders, such as carpal tunnel syn- nesses, which drive the economy of Rhode Is- (OSHA) under the Clinton Administration. As a drome, tendonitis and back injuries among land and many other states. However, OSHA Member of the Labor, Health and Human others. estimates have shown that, while the new Services Subcommittee, I have worked for After ten years of public process initiated by standard will cost business approximately $4.5 years to prevent OSHA from issuing these former Labor Secretary Elizabeth Dole, the billion annually, it will likely save twice that rules. U.S. Department of Labor’s Occupational much in worker’s compensation and lost pro- I support workplace safety, and I think that Safety and Health Administration issued an ductivity each year. it is difficult to make the case that by sup- ergonomic standard, which went into effect I am committed to ensuring that the Depart- porting this resolution, I am an advocate of un- earlier this year. ment of Labor stands ready to offer any tech- safe work environments. In fact, America’s During the entire time that the ergonomic nical assistance businesses need in imple- workplaces are safer than ever. Workplace in- standard was being considered, the Repub- menting the new standard in individual work- juries, sicknesses, and deaths have been de- lican leadership of this body stalled any imple- places, and I would be willing to revisit this clining for one hundred years because Amer- mentation of a standard. They claimed that the issue as we begin to develop a clearer picture ica’s employers have market-based incentives Department of Labor lacked any sound and of the actual costs and benefits of the rule. to keep workplaces safe. Hazardous work- scientific basis for its proposed ergonomic However, I am not prepared to reverse this places mean more lost workdays, and high standard. landmark standard, which stands to benefit so workers’ compensation insurance premiums. They continually demanded that we wait many millions of hard-working Americans, be- Both of these factors translate to lost profits. until a report by the National Academy of fore we have even given it a chance to work. There is no doubt that it is in every business Sciences was issued before we promulgated Therefore, Mr. Speaker, I will vote against this owner’s interest to promote a safe workplace. any rule. ill-advised resolution, and I urge my col- In addition to market incentives, I am also Well, the Academy of Sciences conducted leagues to do the same. supportive of programs like the successful Vol- an exhaustive two-year study focused upon Mr. STARK. Mr. Speaker, I am opposed to untary Protection Program, which promote the causation, diagnosis and prevention of S.J. Res. 6 to repeal the Occupational Safety safety through cooperative means and edu- musculoskeletal disorders and concluded that and Health Administration’s ergonomics stand- cation. there is a direct causal relationship between ard. Using the Congressional Review Act to OSHA’s risky ergonomics scheme is an- the workplace and ergonomic injuries. In addi- overturn the OSHA ergonomics standard other effort to gore small business that must tion, they also concluded that ergonomic injury would be an extraordinary action, the first of be stopped. This hastily enacted regulation could significantly be reduced through work- its kind. It would be the first time in 30 years consumes over 300 pages of fine print in the place interventions. Congress reversed a legally established work- Federal Register, is accompanied by over This is good science. Just like the Repub- er safety measure. It would be the first time 50,000 pages of supporting information in the licans demanded! I feel good to support my CRA has been used to overturn any federal docket, and has an 800-page index. OSHA GOP friends in demanding good science and rule or regulation, much less one that was gave American businesses just two months to now we have it! issued through ten years of public process. comment (then added on an additional 30 But instead science is not the issues. This The regulations, scheduled to go into effect days) on a regulation which is anticipated to is just another attempt by the Republican this October, draw from the businesses that cost billions of dollars to implement. I would Party to ignore the needs of the hard working have successfully prevented ergonomic inju- argue that 90 days is barely enough time to Americans that make our country run each ries or reduced their severity in the workplace. read and digest the regulation, let alone pro- day. Repetitive injuries are one of the leading vide comment. I am further concerned that the Repealing the OSHA ergonomic ruling causes of work-related illness. More that rules are so broad, confusing, and subjective would impose a substantial economic burden 647,000 American workers suffer serious inju- that employers could never know if they are in in compensation cost, lost wages and produc- ries and illnesses due to musculoskeletal dis- compliance. tivity, totaling an annual loss of nearly 50 bil- orders, costing businesses $15 to $20 billion Beyond my basic concerns regarding the lion dollars. annually in workers’ compensation costs. substance of the regulations themselves, I am American workers have been the driving The standard—ten years in the making— outraged by the flawed process that was used force behind our economy for so many years. could be overturned without any meaningful to implement the regulation. With my support, These men and women, people like the indi- consideration of the facts and without workers language was included in the FY01 Labor viduals I represent in Queens and the Bronx, having a chance to be heard. One hour of de- HHS Appropriations bill barring OSHA from New York deserve the right to work in safe bate time is insufficient when it comes to the implementing the rule. An effort to strip this ergonomically correct work environments health and safety of the American worker. language from the bill failed on the House where their health is not in danger. Don’t be misled. Use of the CRA would not floor last June by a vote of 201–220. The March 7, 2001 CONGRESSIONAL RECORD — HOUSE H705 same language barring the ergonomics rule Bureau of Labor Statistics in my home state of publican Secretary of Labor Elizabeth Dole. was added to the Senate bill in an amendment New York reported that more than 48,000 pri- This is no way to legislate. Second, the Con- on the Senate floor. Congress overwhelmingly vate sector workers had serious injuries from gressional Review Act not only blocks the supported delay of this rule. While we in Con- ergonomic hazards in the workplace, and an OSHA rule under consideration, but also gress knew that President Clinton would not additional 18,444 public sector workers had in- blocks any subsequent ergonomics rule that is support our position, we were confident that juries serious enough for them to lose time ‘‘substantially’’ similar. I can appreciate the de- President Clinton would have to negotiate with from work. Obviously, there is a serious prob- sire by some to make changes to the us. lem here. ergonomics standard, but these changes Ultimately, Congress and the White House I urge Members to think beyond the work- should be made administratively. Most impor- reached an agreement that no action would be place as well. Think of the mother suffering tantly, they should be based on sound science taken on the ergonomics regulations, and that from carpal tunnel syndrome who is unable to and on the legitimate concerns of both work- the issue would be left for the next Administra- open a jar of baby food for her son, or the fa- ers and businesses. tion—be it a Bush Administration or a Gore ther suffering lower back pain who can no In closing, I urge all of my colleagues to join Administration—to resolve. On November 14, longer play a game of catch with his daughter; me in opposition to this outrageous, antiworker 2000, while the Congress was in recess, the life-long friend who cannot take that an- resolution. President Clinton took matters into his own nual fishing trip or golf outing with you any- Mr. TOM DAVIS of Virginia. Mr. Speaker, I hands and moved ahead with the regulations, more because of an on-the-job injury; or the rise to support S.J. Res. 6, the Ergonomics openly defying the will of Congress. This rush neighbors who after a career on the assembly Rule Disapproval Resolution. to implement the regulation showed the Con- line need your help to do yard work because Small business is the engine that drives our gress that President Clinton had not nego- they are no longer able to hold a rake to national and local economies. I am deeply tiated in good faith. Furthermore, these rules clean-up leaves or to bend over to plant flow- concerned about the impact that this were implemented to go into effect in January, ers and pull weeds from the garden. These ergonomics rule would have for these rea- just days before a new President would take are the victims—family, friends, neighbors, sons. Since the Department of Labor sub- office. The process made the new President and these are the everyday, pernicious con- mitted the Occupational Safety and Health Ad- unable to repeal the regulations. The process sequences of repetitive stress injuries that not ministration (OSHA) rule on ergonomics on that President Clinton chose to put forth this only affect a person’s ability to work, but also November 14, 2000, I have heard from many small businesses in my district concerned regulation left this Congress with no option but their ability to live a normal life. about the consequences of this rule on their to utilize the Congressional Review Act. In January, when the Clinton administration And so I stand here today, Mr. Speaker, be- issued regulations crafted by OSHA over the places of business. While many American businesses are com- cause flawed regulations were put forth by a last decade to prevent work-related musculo- mitted to providing a safe workplace for their lame-duck President, against the will of Con- skeletal injuries, such as carpal tunnel syn- employees by improving safety standards and gress. These regulations were not based on drome and other repetitive-stress injuries, protecting their employees’ health, they are sound science. They will cost businesses working families across America cheered. Fi- particularly troubled by the ambiguous proce- countless dollars, and unnecessarily destroy nally, protections would be in place to address dures and vague definitions that OSHA pro- jobs. These regulations do not protect workers what is easily one of the costliest and the mulgated through the ergonomics rulemaking. most frequent workplace health threats. from injury. Instead, the cost to implement The rule holds employers responsible for pay- Yet the business community, from small these rules puts workers at risk of being un- ing 80 percent of an employee’s pay for 90 firms to large manufacturers, oppose this employed. days should his or her job contribute to a mus- I am confident that no American workers will ergonomics rule with near unanimity. In my culoskeletal disorder (MSD). In addition, the be injured as a result of the legislation that I view, their decision is a mistake, a position ar- OSHA rule is unprecedented in scope and is hope will pass this House today. Congress rived at due to disinformation and misunder- based on uncertain science, both in its treat- has already received assurances from Sec- standings. Business owners should view the ment of alleged MSD and in their relationship creation of an ergonomically friendly work- retary of Labor Elaine Chao that she will place to the workplace. a high priority on assuring worker safety and place like any other business investment, such Presently, MSDs are poorly defined with no protection. I applaud her for her efforts, and I as upgrading computer hardware and software differentiation between on the job injuries and applaud the small businesses in my congres- or replacing outdated factory equipment with those which are pre-existing. It is impossible sional district and across the country who new, technologically sophisticated machines. to ignore non-work-related factors, yet OSHA have voluntarily made their workplaces safe, Compliance with this OSHA rule is a short- requires employers to do so. Furthermore, without the intrusion of the long arm of the term cost that will enhance both the safety there is no medical standard for confirming in- federal government. I rise in support of S.J. and the productivity of America’s workforce juries or a standard treatment protocol. The Res. 6, and urge my colleagues to join me. and lead to long-term benefits and profits for lack of scientific or medical standards will only Mr. LaFALCE. Mr. Speaker, I rise today in America’s businesses. add to the confusion. strong opposition to S.J. Res. 6, a resolution I certainly understand how frustrating oner- Additionally, the OSHA ergonomics regula- disapproving and overturning the OSHA ous and rigid federal regulations can be to tion may conflict with state workers’ com- ergonomics standards that took effect earlier businesses—large, medium, and small—but pensation laws. Employers will be left to deter- this year. that is not the case here. These workplace mine whether to follow a federal OSHA re- I oppose this resolution because I believe safety regulations are neither unnecessary nor quirement or state workers’ compensation these standards provide businesses of all rigid. Worker compensation costs related to laws when any MSD occurs. The OSHA sizes with the flexibility to comply in an effica- repetitive-motion injuries, and the costs related ergonomics rule overrides well-established cious manner and will not only protect worker to these injuries in terms of worker health and state standards that set compensation levels health but will also save American businesses quality of life, are reason enough to keep in for injured workers and determine whether or billions of dollars in the long-term. Moreover, I place this effective regulatory solution to the not a condition is work-related. am deeply troubled by this unprecedented use most important safety and health problem The National Academy of Science report of the Congressional Review Act to undo a workers face everyday. Moreover, reasonable concluded that ‘‘None of the common mus- rule that goes to the heart of the Federal Gov- flexibility for employers and protections against culoskeletal disorders is uniquely caused by ernment’s mission to protect worker safety and abuse by employees are built-in to the rules work exposures’’ and that further ‘‘research is health; a rule that is the product of 10 years by OSHA—particularly the provisions allowing needed to clarify such relationships.’’ of study by the Occupational Safety and employers to determine whether an injury is By OSHA’s own estimates, this ergonomic Health Administration (OSHA), 11 ‘‘best prac- work-related, and allowing employers to deter- rule will cover over 102 million employees, 18 tices’’ conferences, and a nearly 9-month pub- mine how best to reduce hazards and deal million jobs, and 6.1 million businesses and lic comment period; and a rule that is sup- with ergonomic problems in their workforces. cost almost $100 billion a year to implement. ported by thousands of scientific studies, in- I am also deeply concerned about the use And there are no guarantees or certainties cluding, most recently one mandated by Con- of the Congressional Review Act in this in- that this rule will protect workers or have a gress by the National Academy of Sciences. stance and its ramifications on any and all positive and lasting impact on workplace safe- Each year, there are 1.8 million workers ergonomics standards in the future. First, we ty. Furthermore, OSHA’s rush to judgment in who suffer from musculoskeletal disorders, will debate just for one hour a resolution that, issuing this regulation to meet artificial dead- and 600,000 men and women have injuries so if passed, would overturn a decade of re- lines exemplifies irresponsible governmental severe they are forced to take off work. The search, studies, and hearings initiated by Re- action. H706 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I will continue to support common-sense in the hope of catching medical conditions at opposed them. This issue concerns people protections for all workers. In addition, I will an early stage before they become more cost- who, because of their injuries, are unable to continue to support legislation to ensure that ly chronic conditions. work and provide for their families and for there are adequate workplace safety stand- The repeal of the workplaces standard is a themselves, and that causes lost productivity, ards and rules for all workers. However, I do 180-degree turn from that history of preventive which results in economic loss for business not believe that the OSHA ergonomics rule is services. It is estimated that the standard and the country. In 1999, the Bureau of Labor the solution. For these reasons, I urge all my could save employers approximately $4.5 bil- Standards estimated that the cost of these in- colleagues to support S.J. Res. 6. lion a year by helping keep workers healthy juries is $45–50 billion each year. These inju- Mr. BLUMENAUER. Mr. Speaker, we are and productive. ries account for perhaps a third of employers’ being forced to vote today on this resolution of Businesses and employees will pay for costs under state worker compensation laws. disapproval for OSHA’s ergonomic standard. workplaces injuries in the future, they will pay So despite abundant evidence pointing in This is an all or nothing approach. through lost productivity and higher workman’s the direction of needed ergonomic standards Our effort to bring about improved compensation payments. By abandoning pre- for workplaces, this rule has been repealed, ergonomics for our nation’s workers was start- vention, we are accepting a future of further and the safety of working people has been ig- ed by Elizabeth Dole when she was George injuries and greater cost. nored. Bush, Sr.’s Secretary of Labor ten years ago. Mr. LARSON of Connecticut. Mr. Speaker, I Ms. HOOLEY of Oregon. Mr. Speaker, I re- What we are attempting to address is the sin- rise today in strong opposition to the repeal of luctantly rise in opposition of this resolution. gle largest workplace safety and health prob- valuable and beneficial workplace safety Coming from Oregon, I represent an area of lem in the United States: the work-related standards. We now stand on the edge of turn- the country where small businesses and family stress and strain injury and disorders that cost ing back a measure that would have signifi- farms are the backbone of our local economy. the economy over $50 billion every year. Em- cantly improved the lives of hundreds of thou- As such, I’m extremely sympathetic to the ployers pay between $15 and $18 billion in sands of working people, without even main- concerns of the men and women who own worker’s compensation costs alone for these taining the pretense of a working together in a these businesses, many of whom have con- injuries. We can do something about it. bipartisan manner. There are substantive and, tacted me in the last couple of weeks. After The National Academy of Science backs the perhaps most importantly, procedural grounds all, you can’t have jobs without businesses. scientific basis for OSHA ergonomic stand- why I must oppose this. I know that the OSHA regulation which ards. An exhaustive 2-year study conducted This worker safety rule was not simply cre- we’re about to kill is going to have unintended ated over night. This vote today will in fact by 19 experts in the field found that there is consequences. Any time a business is faced erase a process that was 10 years in the mak- a direct relationship between the workplace with further government regulations you’re ing. It was also based on a 2-year study by and ergonomic injuries, and ergonomic injuries looking at increased paperwork and having to the nonpartisan National Academy of Sciences can be significantly reduced through work- deal with federal employees who, lets be hon- which concluded that there is a great deal of place interventions. Now the Republican lead- est, sometimes can be difficult to work with. scientific evidence showing repetitive work- ership wants to ignore the very study it man- For example, just last week I talked with a place motions cause injuries that can be pre- dated. It is the wrong step to just overturn this friend who owns a small hotel. Anyone who’s vented through ergonomic intervention. rule. We need to take action to protect the I have serious problems with the way this been to Oregon knows it’s one of the most health and safety of working families. issue was brought before us in the House. In beautiful places in the world, and we’re heavily The OSHA standard is only 9 pages long, this situation, the resolution was rushed to the dependent on tourism. This person was over- and it is written in plain English. To serve the floor with little or no warning, and this vote will whelmed by the proposed standard and rightly needs of our workers as well as to prudently completely eliminate the worker safety rule, worried that he’d wind up being fined or lose address costs and benefits, I urge a no vote using a little known, never before used proce- his business because Washington had imple- on the resolution of disapproval for the dure, the Congressional Review Act. This res- mented a better mousetrap for Oregon. He ergonomics rule. olution also prohibits the Occupational Safety didn’t know if his employees would be limited Mr. RUSH. Mr. Speaker, it is with great dis- and Health Administration from issuing a simi- in the number of bags they could pick up or appointment that I stand here today to voice lar rule to protect the safety of workers, which how many stairs they’d be limited in climbing my objection to Senate Joint Resolution 6, clouds the issue further. Eliminating the rule and hadn’t had any luck in finding out the an- Disapproving Resolution for the OSHA Work- under these circumstances rolls back years of swers to his questions from OSHA. place Safety Rule. This resolution is short- investigation and review, and will force the ef- Now when you’re in my position and you’re sighted and against the public policy Congress fort to improve worker safety to start over from trying to do what’s best for your district and for has been espousing over the last 20 years. scratch, where it began more than 10 years everyone who lives and works there, it’s im- There is no question that workplace injuries ago. A more proper course of action would be possible not to be affected by legitimate con- exist and are prevalent. Workplace injuries ac- to allow the rule to be adjusted, rather than cerns about the cost and application of the count for one-third of all occupational injuries wipe it away all together. ergonomics standard. and illnesses and constitute the single largest For all the positive talk about bipartisanship That said, even with the potential problems job-related injury and illness problem in the that has been heard in recent weeks, we have that are posed by this regulation, I can’t in United States. In my home state of Illinois, in seen remarkably little on this matter. Debate good conscience vote for this resolution. 1998, 26,734 Illinois workers suffered work- has been stifled, and instead of forging a com- That’s because ergonomic injuries and the place injuries that were so severe that they promise between both sides that allowed the pain they inflict on hundreds of thousands of were forced to miss at least 1 day of work. rule to be adjusted, this vote was taken to workers and retirees are not a feat of the Also, workplace injuries currently cost busi- completely eliminate the rule. imagination, and if we don’t act, they’re not nesses billions. The National Academy of I believe that this repeal will be a serious going to go away. Sciences has estimated that the costs of work- blow to working people in the United States. In the past 4 years, there have been three place injuries to employees and employers, These ergonomic standards were designed to comprehensive reviews of the science identi- and society as a whole can be conservatively curb repetitive motion injuries for American fying the cause of these injuries. Their conclu- estimated at $50 billion annually. Again, in my workers in a wide-range of professions, includ- sions have been consistent: exposure to ergo- home state of Illinois, the total statewide cost ing nurses, cashiers, truck drivers, construc- nomic hazards in the workplace causes inju- of workplace injuries, including lost wages and tion workers, meat cutters, and those who op- ries, and these injuries can be prevented lost economic productivity, was approximately erate computers. These are all people who through interventions in the workplace. $2.3 billion in 1998. are especially susceptible to injuries—which In fact, no less an authority than the Na- OSHA’s workplace standards would simply are often times crippling—caused by repetitive tional Academy of Sciences was ordered by establish preventive measures in the work- motion, heavy lifting, and forceful exertion. Congress to report on ergonomics and wheth- force to decrease workplace injuries, injuries In 1999, it was estimated that more than er the related injuries actually existed, and if which employers pay for in workman’s com- 600,000 people suffered from such injuries, so, if these injuries were preventable. For pensation payments. and they account for one-third of all serious those of you who don’t know, the Academy For the last 20 years, under both Repub- job-related injuries a year, making them the was created by Congress nearly 140 years lican and Democratic majorities and Presi- leading safety and health problem in today’s ago to provide scientific and technical advice dents we have preached the virtues of preven- workplaces. to our government. Since its inception, the tion and preventive care. We pay for pap I believe these standards would have re- Academy has made recommendations to our smears, nutrition programs, glucose testing, all sulted in savings to the companies that have government that vary from using long-lasting March 7, 2001 CONGRESSIONAL RECORD — HOUSE H707 metal for the name markers on fallen soldiers’ ministration, the Clinton administration—issued If you support workplace justice, if you sup- tombstones to creating the U.S. Geological a proposed ergonomic standard for public port the right of people to work in a healthy Service and the National Forest Service—both comment in 1994. environment, if you support basic human de- of which play an important role in Oregon. But Congress intervened in the rulemaking cency, then I urge my colleagues to vote Well, in its congressionally mandated report, process. Congress adopted language in the against this resolution. the Academy of Sciences found there is ‘‘clear fiscal year 1995 Labor Department spending Mr. COSTELLO. Mr. Speaker, I rise today to and compelling evidence’’ that musculoskeletal bill that prohibited the Department from issuing oppose S.J. Res. 6, a resolution to disapprove disorders (MSD’s) are caused by certain types a final standard. Subsequent prohibitions were the ergonomics regulation promulgated by the of work—and that those injuries can be re- congressionally imposed in fiscal years 1996 Occupational Safety and Health Administration duced and prevented through workplace inter- and 1998. in January. I will vote to uphold this regulation ventions. Add that report to the past 10 years In October 1998, the National Academy of because I believe that worker safety must be in which the Department of Labor—in con- Sciences issued a report that identified a sig- our first priority. This process was originated a sultation with business, labor, and Congress— nificant statistical link between workplace ex- decade ago during the first Bush administra- has worked to enact a fair, enforceable rule to posures and musculoskeletal disorders. OSHA tion, and there is more than sufficient evi- protect America’s workers from the real harm issued a draft rule in 1999 and published a dence to show the devastating impact of these caused by ergonomic injuries. final rule by November 2000. injuries on the workforce. In 1998 alone, ergo- But now, in the face of unrelenting pressure, In the course of this issue’s 10-year history, nomic injuries caused 26,734 employees in Illi- we’re not only about to cast aside 10 years of distinguished Members on the other side of nois to miss at least one day of work, and cost hard work, but Congress is about to prohibit the aisle have sought to kill this effort to pro- employees and employers in the State an esti- OSHA from issuing a similar ergonomics rule mote workplace safety. We find ourselves mated $2.3 billion. here again debating an issue that threatens to in the future. And it’s not just the 600,000 However, I also understand the concern that expose millions of hard working Americans to workers who every year are injured by repet- the regulation may overreach in some areas. workplace hazards due to jobs that require re- itive motion that would suffer, but their families The best way to address this concern is to let petitive movements and muscular stress. and their communities as well. the rule stand, and then work to modify it. The Thanks to carpal tunnel syndrome she ac- Supporters of this joint resolution advance the argument that if this resolution of dis- approach we are taking today threatens any quired at her job at city hall, Mom might not future action on this issue, by not allowing a be able to pick up her infant when he is sick approval is enacted, the Bush administration will pursue a comprehensive approach to similar rule to be enacted at a later date. It is or his older sister if she gets scared of the ergonomics. It’s hard to take that argument my hope that if this resolution passes Sec- dark or correct homework because she can’t seriously when the other side has consistently retary of labor Chao will, as she has pre- hold a pencil. Dad might not be able to play and persistently opposed every effort by the viously stated, continue to pursue a com- catch with the kids or help them finish that Labor Department to issue an ergonomic prehensive approach to ergonomics and that a science project because of the repetitive inju- standard. regulation with wide support will be enacted in ries he’s suffered to his back after years of Moreover, the interests that oppose the cur- the near future to protect working men and working the same saw at the local mill. rent ergonomic rule cite that the costs of com- women in Illinois and across the nation. And because maybe Mom or Dad can no plying with the standard are likely to be $90 or Mr. Speaker, the success of this resolution longer work the hours they used to or even $100 billion. But they do not cite the cost sav- must not become a tremendous loss for work- stay in the same jobs, they can’t buy as many ings to businesses in workers’ compensation ers across the country. I hope this body will groceries or another car or give their kids costs and lost productivity. According to continue to give this topic the attention that it spending money to go see a movie with their OSHA, the estimates are that the standard will deserves. friends or buy a comic book at the local mall. cost American businesses $4.5 billion annu- The SPEAKER pro tempore (Mr. So there’s more to this issue that whether or ally, but it will also save businesses $9.1 bil- HANSEN). All time for debate has ex- not the OSHA regulation is confusing or that lion in workers’ compensation costs and lost pired. it will cost money to implement—in the long productivity. Pursuant to House Resolution 79, the run, we know that employers will recoup the The special interests who support this reso- Senate joint resolution is considered as costs by providing a safe workplace and that lution of disapproval are the same interests having been read for amendment, and consumers will have more money to spend. who argued that the Family and Medical the previous question is ordered. While I certainly sympathize with the busi- Leave Act of 1993 would impose too much of The question is on the third reading ness owners and entrepreneurs who feel this a cost and administrative burden on employ- of the Senate joint resolution. rule infringes on their rights, the evidence is ers. They were wrong then and they are The Senate joint resolution was or- clear that by doing nothing we’re not only wrong now. dered to be read a third time, and was harming millions of Americans, but harming The special interests who support this reso- read the third time. our economy as well. lution of disapproval are the same interests The SPEAKER pro tempore. The This is the biggest occupational health crisis who argued that increasing the minimum wage question is on the passage of the Sen- affecting American workers today, and I urge in 1996 would weaken the economy and re- ate joint resolution. my colleagues to allow OSHA to protect them duce job growth. They were wrong then and The question was taken; and the from ergonomics injuries and to oppose this they are wrong now. Speaker pro tempore announced that resolution. The special interests that support this reso- the ayes appeared to have it. Ms. KILPATRICK. Mr. Speaker, according to lution of disapproval argue that the ergonomic Mr. GEORGE MILLER of California. the National Science Foundation, over 1 mil- standard is too burdensome and costly for em- Mr. Speaker, I object to the vote on the lion people suffer musculoskeletal disorders ployers to implement. They are wrong now ground that a quorum is not present which cost the nation between $45 billion and and they will be proven wrong in the future. and make the point of order that a $54 billion in compensation expenditures, lost How can an ergonomic standard be burden- quorum is not present. wages, and decreased productivity. The Na- some to an employer when the employer is The SPEAKER pro tempore. Evi- tional Science Foundation and other research vested with the responsibility of determining dently a quorum is not present. institutions studied this issue and they came to whether an employee injury is work related? The Sergeant at Arms will notify ab- the conclusion that these injuries can be re- It’s not the federal government determining if sent Members. duced substantially with well-designed work- the employee’s injury is work related. It’s the The vote was taken by electronic de- places. employer! How can the opponents of this vice, and there were—yeas 223, nays It was the Administration of President standard honestly suggest that bureaucrats 206, not voting 4, as follows: George H. W. Bush that established the rela- are imposing a one-size-fits-all approach to [Roll No. 33] tionship of ergonomically designed jobs and workplace safety when it is the employer who work-related illnesses in 1989. The results of determines how best to deal with ergonomic YEAS—223 a Labor Department study investigation found problems in their workforce? Aderholt Bartlett Boehner Akin Barton Bonilla that flawed workplace designs is one of the One can only conclude that supporters of Armey Bass Bono leading causes of work-related illnesses and the resolution of disapproval are the same Bachus Bereuter Boyd employers’ costs under state workers’ com- forces who have little regard for workplace Baker Biggert Brady (TX) pensation laws. In response to these findings, safety and are long-time opponents of the Oc- Ballenger Bilirakis Brown (SC) Barr Blunt Bryant the Labor Department—under a different ad- cupational Safety and Health Administration. H708 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Burr Hayworth Ramstad Jefferson Meehan Rush tion as a member of the Committee on Burton Hefley Regula Johnson, E. B. Meek (FL) Sabo Buyer Herger Rehberg Jones (OH) Meeks (NY) Sanchez the Budget: Callahan Hilleary Reynolds Kanjorski Menendez Sanders Hon. J. DENNIS HASTERT, Calvert Hobson Riley Kaptur Millender- Sandlin Speaker of the House, Washington, DC. Camp Hoekstra Rogers (KY) Kennedy (RI) McDonald Sawyer DEAR MR. SPEAKER: I herewith resign my Cannon Hostettler Rogers (MI) Kildee Miller, George Saxton seat on the Budget Committee as a rep- Rohrabacher Kilpatrick Mink Schakowsky Cantor Houghton resentative appointed by the Appropriations Capito Hulshof Ros-Lehtinen Kind (WI) Moakley Schiff Carson (OK) Hunter Roukema King (NY) Mollohan Scott Committee Castle Hutchinson Royce Kleczka Moore Serrano Sincerely, Chabot Hyde Ryan (WI) Kucinich Moran (VA) Sherman JOE KNOLLENBURG, Chambliss Isakson Ryun (KS) LaFalce Murtha Slaughter Member of Congress. Clement Issa Scarborough Lampson Nadler Smith (NJ) Clyburn Istook Schaffer Langevin Napolitano Smith (WA) The SPEAKER pro tempore. Without Coble Jenkins Schrock Lantos Neal Snyder objection, the resignation is accepted. Collins John Sensenbrenner Larsen (WA) Oberstar Solis There was no objection. Combest Johnson (CT) Sessions Larson (CT) Obey Stark Cooksey Johnson (IL) Shadegg Lee Olver Strickland f Cox Johnson, Sam Shaw Levin Ortiz Tauscher Cramer Jones (NC) Shays Lewis (GA) Owens Thompson (CA) RESIGNATION AS MEMBER OF Crane Keller Sherwood Lipinski Pallone Thompson (MS) COMMITTEE ON THE BUDGET Crenshaw Kelly Shimkus LoBiondo Pascrell Thurman Cubin Kennedy (MN) Simmons Lofgren Pastor Tierney The SPEAKER pro tempore laid be- Culberson Kerns Simpson Lowey Payne Towns fore the House the following resigna- Cunningham Kingston Sisisky Lucas (KY) Pelosi Traficant tion as a member of the Committee on Davis, Jo Ann Kirk Skeen Luther Peterson (MN) Udall (CO) the Budget: Davis, Tom Knollenberg Skelton Maloney (CT) Petri Udall (NM) Deal Kolbe Smith (MI) Maloney (NY) Phelps Velazquez Hon. J. DENNIS HASTERT, DeLay LaHood Smith (TX) Markey Pomeroy Visclosky Speaker of the House, Washington, DC. DeMint Largent Souder Mascara Price (NC) Waters DEAR MR. SPEAKER: I herewith resign my Diaz-Balart Latham Spence Matheson Quinn Watt (NC) seat on the Budget Committee as a rep- Spratt Matsui Rahall Waxman Dooley LaTourette resentative appointed by the Appropriations Doolittle Leach Stearns McCarthy (MO) Rangel Weiner Dreier Lewis (CA) Stenholm McCarthy (NY) Reyes Weldon (PA) Committee. Duncan Lewis (KY) Stump McCollum Rivers Wexler Sincerely, Dunn Linder Sununu McDermott Rodriguez Woolsey ZACH WAMP, Ehlers Lucas (OK) Sweeney McGovern Roemer Wu Member of Congress. Ehrlich Manzullo Tancredo McHugh Ross Wynn Emerson McCrery Tanner McKinney Rothman The SPEAKER pro tempore. Without English McInnis Tauzin McNulty Roybal-Allard objection, the resignation is accepted. Everett McIntyre Taylor (MS) There was no objection. Flake McKeon Taylor (NC) NOT VOTING—4 Fletcher Mica Terry Becerra Shows f Foley Miller (FL) Thomas Oxley Stupak Fossella Miller, Gary Thornberry ELECTION OF MEMBERS TO CER- Frelinghuysen Moran (KS) Thune b 1926 TAIN STANDING COMMITTEES OF Gallegly Morella Tiahrt THE HOUSE Ganske Myrick Tiberi Mr. HORN changed his vote from Gekas Nethercutt Toomey ‘‘yea’’ to ‘‘nay.’’ Mr. THUNE. Mr. Speaker, I offer a Gibbons Ney Turner Mr. SANDLIN changed his vote from resolution (H. Res. 82) and I ask unani- Gilchrest Northup Upton mous consent for its immediate consid- Gillmor Norwood Vitter ‘‘present’’ to ‘‘nay.’’ Goode Nussle Walden So the Senate joint resolution was eration in the House. Goodlatte Osborne Walsh passed. The SPEAKER pro tempore. The Goss Ose Wamp The result of the vote was announced Clerk will report the resolution. Graham Otter Watkins Granger Paul Watts (OK) as above recorded. The Clerk read as follows: Graves Pence Weldon (FL) A motion to reconsider was laid on H. RES. 82 Weller Green (WI) Peterson (PA) the table. Resolved, That the following named Mem- Greenwood Pickering Whitfield Gutknecht Pitts Wicker f bers be, and are hereby, elected to the fol- Hall (TX) Platts Wilson lowing standing committees of the House of Hansen Pombo Wolf RESIGNATION AS MEMBER OF Representatives: Hart Portman Young (AK) COMMITTEES ON RESOURCES, Appropriations: Mr. Sherwood. Hastert Pryce (OH) Young (FL) ARMED SERVICES, AND TRANS- Committee on the Budget: Mr. Doolittle to Hastings (WA) Putnam rank after Mr. Hastings of Washington; Mr. Hayes Radanovich PORTATION AND INFRASTRUC- TURE LaHood and Ms. Granger to rank after Mr. Portman. NAYS—206 The SPEAKER pro tempore (Mr. Committee on Education and the Work- Abercrombie Clay Ford HANSEN) laid before the House the fol- force: Mr. Goodlatte to rank after Mr. Ackerman Clayton Frank Isakson. Allen Condit Frost lowing resignation as a member of the Andrews Conyers Gephardt Committees on Resources, Armed Serv- The SPEAKER pro tempore. Is there Baca Costello Gilman ices, and Transportation and Infra- objection to the request of the gen- Baird Coyne Gonzalez structure: Baldacci Crowley Gordon tleman from South Dakota? Baldwin Cummings Green (TX) Hon. J. DENNIS HASTERT, There was no objection. Barcia Davis (CA) Grucci Speaker of the House, Washington, DC. The resolution was agreed to. Barrett Davis (FL) Gutierrez DEAR MR. SPEAKER: Effective today, I here- A motion to reconsider was laid on Bentsen Davis (IL) Hall (OH) by resign from the Committees on Re- the table. Berkley DeFazio Harman sources, Armed Services and Transportation Berman DeGette Hastings (FL) f Berry Delahunt Hill and Infrastructure. Bishop DeLauro Hilliard Sincerely, b 1930 Blagojevich Deutsch Hinchey DON SHERWOOD, Blumenauer Dicks Hinojosa Member of Congress. THE RIGHT TO VOTE IS Boehlert Dingell Hoeffel FUNDAMENTAL Bonior Doggett Holden The SPEAKER pro tempore. Without Borski Doyle Holt objection, the resignation is accepted. (Ms. JACKSON-LEE of Texas asked Boswell Edwards Honda There was no objection. and was given permission to address Boucher Engel Hooley Brady (PA) Eshoo Horn f the House for 1 minute and to revise Brown (FL) Etheridge Hoyer and extend her remarks.) Brown (OH) Evans Inslee RESIGNATION AS MEMBER OF Ms. JACKSON-LEE of Texas. Mr. Capps Farr Israel COMMITTEE ON THE BUDGET Speaker, there is not a place that I Capuano Fattah Jackson (IL) Cardin Ferguson Jackson-Lee The SPEAKER pro tempore laid be- have traveled either to my home State Carson (IN) Filner (TX) fore the House the following resigna- or elsewhere that the American people March 7, 2001 CONGRESSIONAL RECORD — HOUSE H709 are not talking about the election of ernment, which is to be responsive to who were laid off in Chicago and co- 2000. I believe that that is an issue that the needs of citizens. founded the National Alliance Against should be a priority for America, as For this reason, I am introducing leg- Racism. well as it is for us to appreciate and islation to establish a National Elec- However, at present there are future commemorate and celebrate our Con- tion Day as a legal public holiday to history-makers that are making an im- stitution. The right to vote is funda- ensure that the fundamental right to pact on the lives of the citizens of Chi- mental, and so I intend tonight and to- vote that is granted to every citizen of cago and the Nation. Exemplary indi- morrow to offer two pieces of legisla- the United States is adhered to. I am viduals from today include Addie tion, one to establish a national holi- asking my colleagues in Congress for Wyatt, Reverend Willie Taplin Barrow, day for Americans to vote during a their support in meeting the voting Dr. Johnnie Coleman and Mrs. Mamie Presidential year and, secondarily, an challenges that have been presented to Bone. act that will study the issue of how do our growing and diverse nation. Reverend Addie Wyatt has the dis- we design a system that counts every f tinction of having had active involve- vote and allows every American to ment with the three major movements vote, the Secure Democracy Act. SPECIAL ORDERS of the 20th Century, labor, civil rights Those legislative initiatives will sub- The SPEAKER pro tempore (Mr. and women’s rights. Her leadership stitute for H.R. 60 and H.R. 62. We will HANSEN). Under the Speaker’s an- roles in labor were international vice establish a generic national holiday nounced policy of January 3, 2001, and president of the United Food and Com- every 4 years so Americans who work under a previous order of the House, mercial Workers International Union every day will have the privilege and the following Members will be recog- and she broke ground as the first fe- opportunity for expressing their nized for 5 minutes each. male local union president of the choices and their rights to express the United Packing House and Allied f decision of who will be President and Workers, and as international vice The SPEAKER pro tempore. Under a who will be elected to this body in the president of the Amalgamated Meat previous order of the House, the gen- coming years. Cutters and Butcher Workmen of North I ask my colleagues to join me in tleman from Pennsylvania (Mr. America. Her founding roles in Oper- support of this legislation. PLATTS) is recognized for 5 minutes. ation Breadbasket and Operation Ms. JACKSON-LEE of Texas. Mr. (Mr. PLATTS addressed the House. PUSH, as well as her work with Martin Speaker, the importance for ensuring His remarks will appear hereafter in Luther King, Jr., illustrate her com- the right to vote is a fundamental the Extensions of Remarks.) mitment to civil rights. Her involve- right guaranteed to every citizen of the f ment in the women’s movement has United States. Many people were de- WOMEN’S HISTORY MONTH also generated a number of noteworthy nied this fundamental right in the past achievements. presidential election partly because The SPEAKER pro tempore. Under a Reverend Wyatt is a founding mem- they were unable to vote due to work previous order of the House, the gen- ber of the National Organization for commitments. tleman from Illinois (Mr. DAVIS) is rec- Women, was even appointed by Eleanor The bill I am introducing tonight ognized for 5 minutes. Roosevelt to serve on the Labor Legis- will substantially resolve this serious Mr. DAVIS of Illinois. Mr. Speaker, lation Committee of the Commission issue raised by last year’s presidential last month we praised our forefathers on the Status of Women. election, the lack of time for people to in observance of Presidents’ Day and During her distinguished career, she vote or participate in the very impor- we also praised the contributions of Af- advised Presidents Kennedy, Johnson tant federal election process, due to rican Americans in the development and Carter and other important leaders employment commitments that keep and continuation of this country. This on causes. She and her husband Claude many Americans from voting or acting month, as women’s history gets under- currently serve as pastors emeritus of as election day officials. way, I rise to recognize some of our the Vernon Park Church of God in Chi- I firmly believe that the United foremothers; women who dared to be cago. States Constitution is not just there to first, who strove for equality and social Reverend Willie Taplin Barrow is the protect me or people who agree with justice for all; women who not only co-chair of Rainbow/PUSH Coalition me, but it is there to also ensure that broke ceilings but shattered spheres in and is well-known for breaking barriers those who do not share my view also pursuit of rights that should have been in a male-dominated profession. She is have equal access to the tools of de- inalienable; women whose contribu- an ordained minister and on the Gov- mocracy. My legislation would estab- tions continue to pave the way and to ernor’s Committee on the Status of lish a National Election Day on the 2nd inspire others. Women in Illinois. Tuesday of November, in presidential Mr. Speaker, I am from Chicago, a Another fine citizen is the Reverend election years as a legal public holiday. city rich in women pioneers and trail- Dr. Johnnie Coleman. Sometimes re- I am now lending my full support to blazers, both past and present. One ferred to as the first lady of the reli- this new bill instead of H.R. 62, which such individual is Ida B. Wells who gious community, she is the founder- I previously filed. I am now also remov- founded the first black female suffrage minister of Christ Universal Church ing my complete support from H.R. 62. club in Illinois, as well as the first kin- where 4,000 people go to hear her words Mr. Speaker, this bill will forge a dergarten in a black neighborhood. of wisdom and healing every Sunday. strong commitment to Democracy at Wells was born in 1862, was a slave for To her credit, Reverend Coleman has home and abroad by making sub- the first 6 months of her life, and spent several organizations in Chicago, the stantive changes to how future presi- the remainder of her life fighting for Universal Foundation for Better Liv- dential elections must work in order to civil and economic rights for African ing, Inc.; the Johnnie Coleman Insti- avoid the problems of the last presi- Americans. tute; and the Johnnie Coleman Acad- dential election. Declaring that one had better die emy and a book of teachings entitled It is my opinion that the larger fighting against injustice than die like Open Your Mind and Be Healed. threat to our national identity as a de- a dog or rat in a trap, Wells crusaded Ms. Mamie Bone, as chairperson of mocracy and the sense of well being against lynching and segregation until the Central Advisory Council for the that Americans once had about the her death in 1931. Chicago Housing Authority, fights reg- election process is the acceptance of a Labor activist Sylvia Woods was a ularly for residents. She serves as a belief that citizens of this country do pioneer in civil rights. During World member of the CHA Board of Commis- not have a voice in its governance. War II, she led the Union organization sioners and continues to champion the This is the greatest Achilles Heel that at Bendix Aviation. She spent much of employment security and safety of this nation has ever faced. Throughout the 1940s organizing United Auto Work- public housing residents. history many nations and governments ers Local 330 and formulating the UAW Of course, Mr. Speaker, I would also have ceased to exist because they resolution against sex discrimination. like to just highlight the activities and failed to fulfill the true mission of gov- Following the war, she assisted women the involvement of Margaret H710 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Blackshere, who currently serves as in the country. To think that in 1872, erwise afford at such a difficult point President of the Illinois Federation of over 100 years ago, only 97 educational in their lives. Working hard now to en- Labor. She is an outstanding labor institutions even accepted women. sure a brighter future for all Ameri- leader, civic activist, former teacher, The National Center for Education cans is something that we as women political activist and a fighter for the Statistics report that females are now learn the importance of during our rights of working people all over Amer- doing as well or better than males on struggle to gain equality in the 20th ica. factors measuring educational attain- century. During the month of March, it Margaret Blackshere, is currently the Presi- ment. Nevertheless, women continue to is fitting that women take time to re- dent of the Illinois AFL–CIO. A former class- trail their male counterparts in the flect back upon and celebrate our col- room teacher, Blackshere has served on all areas of mathematics and science. This lective accomplishments over the last levels of the Labor Movement from president is something that I hope, through my 100 years. We must use every oppor- of her local union in Madison to statewide vice position on the House Committee on tunity to show how we are going to use president of the Illinois Federation of Teach- Science, to help rectify. the lessons learned in yesteryear’s bat- ers, to her current position. What is more, women are still under- tles to eliminate illiteracy, increase Blackshere has a bachelor’s degree in Ele- represented in doctoral and first pro- educational opportunity for all and mentary Education and a master’s degree in fessional degree programs, although, as promote high academic achievements. Urban Education—both from Southern Illinois the NCEC points out, women have If we do so, that would give women 100 University-Edwardsville. made substantial gains in these areas years from now something to crow She has been a delegate to the Democratic during the last 25 years. about. National Convention, served as the director of There are other areas of education f the Illinois Democratic Coordinated Campaign where improvements need to be made, in 1990 and 1992, and is a member of the most notably in the area of school ac- CONCERN OVER PROPOSED Democratic National Committee. cess for so-called disadvantaged stu- CASPIAN OIL PIPELINE Blackshere serves on various boards and dents. A group of disadvantaged stu- The SPEAKER pro tempore (Mr. councils including the United Way of Illinois, dents whose needs are often overlooked CANTOR). Under a previous order of the Voices for Illinois Children, White House Com- are homeless children. Homeless chil- House, the gentleman from New Jersey mission on Presidential Scholars, and the Illi- dren face unique problems when at- (Mr. PALLONE) is recognized for 5 min- nois Skills Standard & Credentialing Council. tempting to access a quality education. utes. She is a member of American Federation of Some schools do not allow homeless Mr. PALLONE. Mr. Speaker, I come Teachers Local 763 and is a delegate to the children to register for classes without to the House Floor today to voice my National AFL–CIO Convention. school or medical records. Others will concern regarding the proposed Baku- f not enroll children without a home ad- Ceyhan pipeline, originating in the Az- dress, and there is nobody in the erbaijani capital of Baku, bypassing EDUCATION AND WOMEN’S schools whose job it is to help them. Armenia via Georgia and ending at the HISTORY MONTH As a result, homeless children wait Turkish port of Ceyhan. The SPEAKER pro tempore. Under a days and even weeks just to get into Over the last few years, despite the previous order of the House, the gentle- the classroom. Obviously this has seri- reluctance of major U.S. oil companies, woman from Illinois (Mrs. BIGGERT) is ous and negative consequences for the Clinton administration promoted recognized for 5 minutes. their educational advantages. the Baku-Ceyhan pipeline, which many Mrs. BIGGERT. Mr. Speaker, as the Mr. Speaker, some may be wondering experts are now questioning. Cato In- Republican co-chair of the Congres- why I am talking about homeless chil- stitute analyst Stanley Kober recently sional Caucus on Women’s Issues, I am dren during this recognition of the noted at a foreign policy briefing that pleased to join the gentlewoman from achievements of women. Well, it is be- the pipeline, far from promoting U.S. California (Ms. MILLENDER-MCDONALD), cause, as data shows, educating home- interests in the region undermines the other co-chair of the Women’s Cau- less children is a women’s issue. Ac- them. cus, and my other colleagues in cele- cording to a Federal study released in Another report by the Carnegie En- brating March as women’s history 1999, 84 percent of parents or guardians dowment for International Peace month. of homeless children are female. The knows that pursuit of this pipeline Women accomplished so much in the average homeless family is composed only exacerbated tensions between the 20th Century and I am fortunate and of a single mother in her twenties and United States and Russia and did little proud to co-chair the first Women’s two children under the age of 6. Single to advance U.S. interests. Caucus of the 21st Century. Let us hope mothers are vulnerable to homeless- Mr. Speaker, let me be clear today that this century is productive for our ness because of the high cost of hous- that I strongly oppose the current daughters and granddaughters as it was ing for families, the high cost of child plans for this project that is expected for our mothers and us. care and lack of housing assistance. to cost $3 billion. The last 100 years have seen women We must work together as women, as make important advancements in the leaders in our community and as public b 1945 area of public service. Not only did our servants, to find answers to the de- It is my hope that the Bush adminis- predecessors gain the right to vote, but structive cycles caused by homeless- tration will take into account these re- in recent years we have been consid- ness and poverty. That is why I have ports and thoroughly examine the need ered a decidedly important voting introduced H.R. 623, the McKinney- for this proposed pipeline route. I am block. We now have more women serv- Vento Homeless Education Act of 2001. not encouraged, however, by recent re- ing in the House and the Senate than This bill will ensure that all homeless ports that the Bush administration, ever before, 61 women in the House and children are guaranteed access to pub- like the Clinton administration before 13 in the Senate. I think we will keep lic education so that they can acquire it, seems to believe that the pipeline seeing these numbers increase. the skills needed to escape poverty and would provide the West with a greater We have women serving as Supreme lead healthy and productive lives. It amount of oil, thus cutting down on Court justices, governors, Attorneys will also strengthen the parental rights the U.S. dependence on Middle Eastern General and in many other elected of- at a time when mothers of homeless countries for oil. I am here today to fices, but we still have a long way to children find themselves most vulner- say that this is not the case. In fact, go. For all the accomplishments that able. It will help homeless mothers pay with reserves estimated at approxi- women have achieved in the 20th cen- for school supplies and other emer- mately 2 to 3 percent of the world’s tury, we should not be complacent. We gency items that children need to par- total, experts note that Caspian oil re- still have a lot to do. ticipate in school, such as clothes, eye- serves will have no significant impact One of the areas where females have glasses and hygiene products. on world oil prices. made important strides is in the area Many mothers have expressed grati- The Bush administration also seems of education. Women currently make tude through letters and cards for to be under the impression that by up over 50 percent of college freshmen these items which they could not oth- building a pipeline in this volatile area March 7, 2001 CONGRESSIONAL RECORD — HOUSE H711 of the world, that strained relations be- Company of the Azerbaijani Republic, graduates from our local universities tween affected nations would begin to told the Azerbaijani newspaper Baku who have experience in math and heal. Again, Mr. Speaker, I want to say Tura in early January, and I quote, science. It does not have to be a spe- that this is not the case. In fact, I be- ‘‘Azerbaijan’s position remains un- cific computer major, not a specific lieve that the pipeline could make rela- changed. The pipeline will not go via Internet major, but someone who can tions in the region a lot worse. At the Armenia under any circumstances.’’ do trigonometry, calculus, and basic very least, we should wait until peace This would explain why the pipeline, science. is achieved in the region. The presi- which avoids the most direct route I also went and met with Silicon Val- dents of Armenian and Azerbaijan just from the oil fields to the Caspian to ley executives, and I learned from concluded a round of talks in Paris. It Ceyhan, would be brought through Ar- them that the reason they are in Sil- is my hope that a resolution to the menia. In fact, the pipeline route takes icon Valley is because of Stanford and Nagorno-Karabagh conflict will be great pains to avoid Armenia and Berkeley. They have a steady stream of found this year. We should focus our ef- Nagorno Karabagh. This is simply un- high-tech workforce produced there. forts and attention on the peace proc- acceptable, and the U.S. should not They told me that the main thing they ess instead of wasting our resources on subsidize this plan in any way which need is math and science graduates. a commercially nonviable pipeline. serves to further isolate Armenia. Mr. Speaker, we have a second reason President Bush’s support for the Cas- Therefore, Mr. Speaker, I request for this legislation. We have a des- pian oil pipeline was first announced that the Bush administration recon- perate need for more math and science several weeks ago by Ambassador Eliz- sider this decision and withdraw any teachers in this country. We will need abeth Jones, special advisor to Bush on support for the Baku-Ceyhan pipeline. I to hire over 2 million teachers in the Caspian energy policy. At that time, ask the Bush administration to take a next 10 years. The biggest shortage we Ambassador Jones said that the oil fresh and honest look at pipeline policy have are math and science teachers. companies find the project commer- in the region and take steps to ensure According to a survey just completed cially viable and that the project would that all countries of the Caucasus are of large city school superintendents, 97 only happen if ‘‘it is determined that included in east-west energy and trade school districts in the United States there is money to be made there by routes. require more science teachers today, and 95 percent of the school districts commercial companies.’’ f Mr. Speaker, I am baffled to hear need more math teachers today. So we that the ambassador believes this PELL GRANT MATH AND SCIENCE desperately need to help those low-in- project would be profitable to the par- INCENTIVE ACT, 2001 come folks who may not otherwise go ticipating oil companies. American oil The SPEAKER pro tempore (Mr. to college, but who have the ability in companies, after years of exploration, CANTOR). Under a previous order of the math and science to open the door of still have not found any commercially House, the gentleman from Florida college to them and to provide them with this additional grant. viable oil fields. Many, in fact, have (Mr. KELLER) is recognized for 5 min- Now, who supports this legislation? pulled out. utes. Realistically, the only way that this Mr. KELLER. Mr. Speaker, earlier Well, President George W. Bush is one. President Bush campaigned on the plan can be feasible for these oil com- today I filed legislation called the Pell platform of providing an extra $1,000 panies is if the United States Govern- Grant Math and Science Incentive Act for first-year college students who have ment and other governments subsidize of 2001, and I rise today to speak in demonstrated proficiency in math and the project. Amoco president Charles favor of this piece of legislation. I science. In fact, his position is laid out Pitman might well have said just that would like to tell my colleagues about in detail on his Web site: when he testified before the Senate what it is, why we need it, and who is www.georgewbush.com. A second key Foreign Relations Committee 4 years supporting it. supporter is the gentleman from Michi- ago. At that hearing Pitman said, and Under this bill, a low-income college gan (Mr. EHLERS), who this House I quote, ‘‘I encourage Congress and the student who qualifies for a Pell grant knows is one of the gurus here in terms would be eligible for an additional administration to promote the stra- of math and science education and is a $1,000 grant that he would not have to tegic interests of the United States by strong supporter of this legislation. helping make the Baku-Ceyhan route pay back if he has demonstrated a pro- Perhaps the best part of this legisla- economically feasible.’’ Since these ficiency in math and science while in tion is that it pays for itself. Right companies have already said that the high school. now, companies pay over $100 million a project is not economically feasible on Let me tell my colleagues why this year collectively to provide for H1B its own, the only way to make it fea- legislation is desperately needed. We visas to provide a short-term solution sible is with a substantial subsidy from have a problem with filling high-tech for the lack of high-tech workers. We the U.S. Government. jobs in the United States right now. can take that money and use it to fund Mr. Speaker, let me turn to the other Currently, there are over 300,000 high- this Pell Grant Math and Answer In- reason Ambassador Jones gave for the tech jobs that are unfilled in the centive Act and would not have to Bush administration’s supporting this United States because we just do not raise any taxes and yet fix the long- pipeline: the belief that it would bring have the math-and-science-educated term problem with the short-term sovereignty and economic independ- workforce to fill these jobs. This is money here. ence to the Caspian states. While pro- costing businesses $4.5 billion a year in Mr. Speaker, I urge my colleagues to ponents of this pipeline argue that it loss of productivity. Now, we do what sign on as cosponsors for this impor- would strengthen the economic inde- we can to increase H1B visas. Currently tant piece of legislation, and I urge all pendence of states like Azerbaijan and there are over 100,000, so we go to for- of my colleagues to vote for it. It will Georgia, it is also very probable as out- eign countries and allow their high- make a meaningful difference in the lined in the Cato and Carnegie reports tech people in to fill these jobs, but yet lives of our young people who need help that the pipeline plan would bring we are still 300,000 jobs short. We des- going to college; it will make a mean- more tension to the area, already beset perately need college graduates trained ingful difference in the lives of high- by instability. in math and science. tech folks who need additional work- Mr. Speaker, Armenia, which is com- I learned this firsthand when I held a ers, and it makes good common sense. pletely bypassed by this pipeline, al- high-tech conference in my hometown f ready suffers at the hands of a dual of Orlando, Florida. At this conference blockade from the east from Azer- was 75 leaders from the education com- REPORT ON RESOLUTION PRO- baijan and from the west from Turkey. munity, high-tech industry, and polit- VIDING FOR CONSIDERATION OF Azerbaijan has used its influence to en- ical leaders, as well as leaders from H.R. 3, ECONOMIC GROWTH AND sure that Armenia would not benefit Congress. What I learned there was one TAX RELIEF ACT OF 2001 economically from the pipeline. Ilham thing: what is most important to the Mr. REYNOLDS, from the Com- Aliyev, son of Azerbaijan’s president high-tech business folks is having a mittee on Rules, submitted a privi- and a vice president of the State Oil well-educated workforce that produces leged report (Rept. No. 107–12) on the H712 CONGRESSIONAL RECORD — HOUSE March 7, 2001 resolution (H. Res. 83) providing for to ethnic Albanians? Unlike their support and assistance from Kosovo consideration of the bill (H.R. 3) to brethren in Kosovo, however, the Alba- and they have not been repudiated by amend the Internal Revenue Code of nians of the Presevo Valley chose to re- the ethnic Albanian leadership in 1986 to reduce individual income tax main outside the conflict which Kosovo. rates, which was referred to the House wracked Kosovo during 1998 and 1999. Mr. Speaker, this Member is of the Calendar and ordered to be printed. Although they certainly had legitimate opinion that those supporting an ex- f grievances against the brutal regime of tremist agenda within Kosovo are the former Yugoslavian leader, known to some of the leadership within The SPEAKER pro tempore. Under a Slobodan Milosevic, the ethnic Alba- Kosovo; and thereby, they could be de- previous order of the House, the gen- nians in the Presevo Valley rather nied the support that they are appar- tleman from Oregon (Mr. DEFAZIO) is than overwhelmingly seemed to prefer ently receiving to use Kosovo as a base recognized for 5 minutes. to settle their problems peacefully of operations. (Mr. DEFAZIO addressed the House. rather than through the violent means The implications of a ‘‘greater Alba- His remarks will appear hereafter in ultimately employed by the KLA. nia’’ for the region and for the United the Extensions of Remarks.) Beginning in 1999, following the for- States and its allies in Europe are ex- f mal disbanding of the KLA, KFOR tremely grave. A wider war involving The SPEAKER pro tempore. Under a began receiving reports of the exist- Macedonia, Bulgaria, Greece, and Tur- previous order of the House, the gen- ence of a guerilla force calling itself by key ultimately would be very serious. tleman from North Carolina (Mr. the initials UCPMB, the Liberation Our earlier intervention of Kosovo was JONES) is recognized for 5 minutes. Army of Presevo, which was infil- aimed at stopping that problem. (Mr. JONES of North Carolina ad- trating across the Kosovo boundary Mr. Speaker, this deserves our atten- dressed the House. His remarks will ap- into the GSZ in order to harass Serb tion. pear hereafter in the Extensions of Re- police officers and intimidate some of We need to make it clear to the Albanian marks.) the Serb residents of the Presevo Val- extremists that we will no longer tolerate their f ley and thus caused them to leave the efforts to foment violent and ethnic discord in The SPEAKER pro tempore. Under a region. the region. In February of 2000, this Member led previous order of the House, the gentle- Mr. Speaker, NATO is at present consid- our House delegation to the NATO Par- woman from North Carolina (Mrs. ering measures to stabilize the situation, both liamentary Assembly on a visit to CLAYTON) is recognized for 5 minutes. in Macedonia and in the Presevo Valley. Kosovo, and the commander of U.S. (Mrs. CLAYTON addressed the House. NATO Secretary General, Lord Robertson is forces briefed us on the situation in the Her remarks will appear hereafter in visiting the Capitol today and tomorrow to Presevo Valley. In fact, this Member the Extensions of Remarks.) meet with Members. This Member is inclined climbed the heights of Kosovo to see to support suggestions that, given the gravity f the Presevo Valley below. At that of the current situation in Macedonia and on SITUATION WORSENS IN SOUTH- time, he said to us that the situation its border, Yugoslavian military forces be per- ERN SERBIA AND MACEDONIA with the so-called UCPMB was his sin- mitted to operate within the 5 kilometer ground gle largest worry insofar as the safety safety zone in southern Serbia. Additionally, The SPEAKER pro tempore. Under a of U.S. troops and other forces under this Member strongly believes that we need to previous order of the House, the gen- his command were concerned. return an international preventive peace- tleman from Nebraska (Mr. BEREUTER) Since last December, incidents in the keeping force to Macedonia similar to that is recognized for 5 minutes. Presevo Valley increased with several which helped protect Macedonia from attack Mr. BEREUTER. Mr. Speaker, since Serbian police officers reported to have and destabilization several years ago. The late last year, we have received a spate been assassinated, and a joint U.S.- governments of the Federal Republic of Yugo- of reports indicating that violence is Russian patrol attempting to seal off slavia, the Republic of Serbia and the Former on the rise once again in the southern the boundary came under fire by ethnic Yugoslav Republic of Macedonia need to parts of Yugoslavia, Macedonia, and es- Albanians attempting to infiltrate agree to a complete demarcation of the border pecially in the Kosovo region. These re- from Kosovo. Last week, we learned of between Macedonia and Serbia, and to meas- ports are of special concern because the fighting in Macedonia along the border ures to ensure its sanctity and security. regions involved in this new outbreak with Kosovo. Reports implicated a of conflict lie immediately adjacent to shadowy body calling itself the Libera- f the sector of Kosovo which is termed tion Army of Macedonia as being be- The SPEAKER pro tempore. Under a the ‘‘area of responsibility’’ for United hind this most recent violence. previous order of the House, the gen- States troops participating in KFOR, What is particularly disturbing about tleman from Guam (Mr. UNDERWOOD) is the NATO-led Kosovo peacekeeping op- the involvement of Macedonian terri- recognized for 5 minutes. eration. tory in what seems to be a new onset of (Mr. UNDERWOOD addressed the Responsibility for most of the in- a major conflict is that, in addition to House. His remarks will appear here- creased violence lies with the hard-line Macedonia’s enormous strategic sig- after in the Extensions of Remarks.) Albanian Kosovar nationalists, some of nificance, the Government of Mac- f whom quite clearly participated in the edonia, democratically elected last so-called Kosovo Liberation Army, year, includes ethnic Albanians in its REVISIONS TO REVENUE AGGRE- KLA, which is supposed to be dis- governing coalition; and Macedonia re- GATES FOR FISCAL YEARS 2001– banded. They are now pushing their ex- cently normalized its relations with 2005 treme agenda through violence in the Kosovo. Apparently, these democratic The SPEAKER pro tempore. Under a Presevo Valley, lying across the inter- and popularly supported measures are previous order of the House, the gen- nal boundary that separates Kosovo unacceptable to the radical Albanian tleman from Iowa (Mr. NUSSLE) is rec- from Serbia. ethnics behind the renewed violence, ognized for 5 minutes. As part of the agreement that ended because these progressive democratic Mr. NUSSLE. Mr. Speaker, Section the NATO military air operations steps undermine their goal of creating 213(b)(1) of the conference report on the Con- against Yugoslavia in June of 1999, a 5- a ‘‘greater Albania.’’ They continue to current Resolution on the Budget for Fiscal kilometer ground safety zone, GSZ, have as their goal unification of all Year 2001 (H. Con. Res. 290) authorizes the was established along the internal ethnic Albanians who inhabit Serbia, Chairman of the House Budget Committee to boundary between Kosovo and Yugo- Macedonia, Kosovo, and Albania itself reduce the revenue aggregates contained in slavia. The Yugoslavian military and into a greater Albania. the resolution if the July report of the Congres- special police forces were prohibited The numbers of radical Albanian par- sional Budget Office (CBO) estimates larger from entering without expressed au- ticipants in these incidents in southern on-budget surpluses than those published in thorization by NATO. Serbia and Macedonia is, at present, the agency’s March report. CBO substantially The Presevo Valley contains several small. What is of most concern, how- increased its estimates of the surplus in its small cities and villages that are home ever, is that they seem to be receiving July report. Accordingly, I submit for printing in March 7, 2001 CONGRESSIONAL RECORD — HOUSE H713 the Congressional Record revisions to the rev- suppose, the great harm they are doing dents. Then they broke it up into five enue aggregates for fiscal years 2001–2005 to to their children. separate schools, and their drug and reflect a portion of that increase in the surplus. Of course, many times it is the discipline problem went way down. woman who wants the divorce, but this Mr. Speaker, there are some excep- Revised Appropriate Levels of Federal Revenues in the special order today is as much as any- tions, but in most places class sizes Congressional Budget Resolution thing a plea for families to try to stay have been brought down to smaller or [In billions of dollars] together, if at all possible, at least at least manageable size. However, until their children mature. going to bigger, more centralized Federal rev- Fiscal year enues One of the greatest blessings you can schools meant that many young people give to any child, especially a small felt like anonymous numbers or could 2001 ...... 1,496.9 2002 ...... 1,519.8 child, is a two-parent home. not make a sports team or be a leader 2003 ...... 1,572.1 I could not help but notice that the in some other school activity. 2004 ...... 1,619.1 2005 ...... 1,680.3 boy who did the school shootings in Also some very large high schools California came from a broken home seem to have been breeding grounds for Questions may be directed to Dan Kowalski and had recently been moved from one strange or even dangerous behavior. at 67270. side of the country to the other. Augusta Kappner, our former U.S. f The Federal Government bears a big Assistant Secretary of Education, The SPEAKER pro tempore. Under a part of the responsibility for all of wrote recently in USA Today that good previous order of the House, the gen- these broken homes. Studies show that things happen when large schools are tleman from Missouri (Mr. SKELTON) is most marriages break up in arguments remade into smaller ones. She said in- recognized for 5 minutes. over finances, over money. For most of cidents of violence are reduced; stu- (Mr. SKELTON addressed the House. our history, government took a very dents’ performance, attendance and His remarks will appear hereafter in low percentage of family income. In graduation rates improve; disadvan- the Extensions of Remarks.) 1950, government took only about 8 taged students significantly out- f percent to 10 percent. Today Federal, perform those in large schools on State and local taxes take almost 40 standardized tests; students of all so- b 2000 percent of the average family’s income. cial classes and races are treated more WHY HORRIBLE CRIMES ARE Government regulatory costs that are equitably; teachers, students and the BEING COMMITTED passed on to the consumer in the form local community prefer them. The SPEAKER pro tempore (Mr. of higher prices take another 10 per- Mr. Speaker, students are better off CANTOR). Under a previous order of the cent. going to smaller schools even in older House, the gentleman from Tennessee One Member of the other body said buildings than they are in these big, (Mr. DUNCAN) is recognized for 5 min- that today one spouse works to support giant schools where they just feel like utes. the family while the other spouse has anonymous numbers. Mr. DUNCAN. Mr. Speaker, the ter- to work to support government. f Also, the giant Federal welfare state, rible tragedy of the school shootings 2 WOMEN’S HISTORY MONTH days ago in California should be, and I which even former President Clinton believe is, of great concern to all described as a colossal failure, has The SPEAKER pro tempore. Under a Americans. helped contribute to the broken home previous order of the House, the gentle- There are many reasons why these situation. But if government at all lev- woman from California (Ms. WOOLSEY) horrible crimes are being committed in els would take less money from fami- is recognized for 5 minutes. several places by teenage boys, but I lies, of course, it would not end di- Ms. WOOLSEY. Mr. Speaker, I come want to mention two major concerns I vorce, but it would certainly mean that to the floor tonight in celebration of have. thousands of families that now split up National Women’s History Month, the I was a criminal court judge in Ten- would stay together. month of March. nessee for 71⁄2 years before coming to Also, for families that have already I come here to salute the women in Congress trying felony criminal cases. broken up, I hope other family mem- this country. This month is unique to I was told the first day that I was judge bers will do all they can to fill the void me, particularly because Sonoma that 98 percent of the defendants in fel- in time and attention. County, in my district, is the birth- ony criminal cases came from broken One article I saw about the boy who place of the National Women’s History homes. did the California shootings described Project, the nonprofit educational or- I know that millions of wonderful him as a typical latchkey child. ganization that is responsible for es- people have come from broken homes, Mr. Speaker, 2 years ago or 3 years tablishing Women’s History Month. but almost all would say that family ago, after another one of these tragic In 1978, the Education Task Force of breakups made their childhoods much school shootings, I remember listening the Sonoma County Commission on the more difficult. to the CBS national news and hearing status of women, which I happened to I know, too, that divorce is now a the national head of the YMCA say be chair at that particular time, initi- tragedy that has touched almost every that children in this country today are ated a Women’s History Week. Later in family, and I know that many times it being neglected like never before. 1987, with the help of museums, librar- cannot be avoided. But I do not know I hope this is not true. But the YMCA ies and educators across the country, of anyone who hoped beforehand that has not released some statistics report- the National Women’s History Project their marriage would end in divorce. ing that nearly 8 million children are petitioned Congress to expand the cele- During my years as a judge, I went left alone after school between the bration to the entire month of March. through approximately 10,000 cases, be- hours of 3:00 and 6:00, which just hap- Mr. Speaker, a resolution recognizing cause 97 percent or 98 percent of the de- pens to coincide with the peak hours Women’s History Month was quickly fendants pled guilty and apply for pro- for juvenile crime. passed with strong bipartisan support bation or other considerations. I would The families need more money, so in both the House and the Senate. Al- get 10-page or 12-page reports that there will not be as many broken though the month of March gained this went into the backgrounds and life his- homes. We need to lower taxes at every distinction about 20 years ago, and a tories of the defendants before me. level so that we can strengthen fami- lot has happened since then, we still I would read over and over and over lies, but children need a lot more than have a lot of work ahead of us. again things like defendant’s father money. What they need most is love When we celebrate women and when left when defendant was 2 and never re- and time and attention. we look at women and children and the turned, or defendant’s father left to get My second concern is the movement challenges ahead, we must do more for a pack of cigarettes and never came towards bigger schools. I saw an article women and we must do more for fami- back. in the Christian Science Monitor a cou- lies. Unfortunately, millions of fathers ple of years ago which said the largest We must do more for our commu- have left their families, not realizing, I school in New York City had 3,500 stu- nities and for our Nation, and one place H714 CONGRESSIONAL RECORD — HOUSE March 7, 2001 where we can start is by improving today as the Democratic cochair of the The creation of more vigorous and education. Congressional Caucus on Women’s rigorous professional standards for Females make up slightly more than Issues, being the first cochair of this teachers is one methodology to address 50 percent of this country’s population. millennium, and happy to share this teacher preparedness. These standards Yet, less than 30 percent of America’s role with my friend and colleague, the ensure that teachers will know the sub- scientists are women. In addition, the gentlewoman from Illinois (Mrs. jects they teach and how to teach National Science Foundation reports BIGGERT). those subjects to children; that they that the jobs facing today’s workers We will be submitting an education will understand how children learn and will require higher skill levels in appropriation to address the role of what to do when they are having dif- science, math and technology more education and our children. ficulty; and that they will be able to than ever before. Mr. Speaker, we are here today to use effective teaching methodology for Quite clearly, there is no way that celebrate March as Women’s History America can have a technically com- Month and to highlight the extraor- those who are learning easily, as well petent workforce if the majority of stu- dinary achievements of all women as for those who have special needs. dents, females, do not study science, throughout our history, while recog- While new teaching standards may math and technology. That is why I in- nizing the equally significant obstacles hold great possibilities for raising the troduced a bill last Congress to help they have had to overcome along the quality of teacher preparation, these school districts encourage girls to pur- road to success. advances will have little impact on the sue careers in science and math. Women’s History Month has pro- Nation’s most vulnerable students if Although my bill is formally titled gressed from Women’s History Week, school districts continue to hire teach- Getting Our Girls Ready for the 21st established in 1978, to coincide with ers who are emergency credentialed Century Act, it is really known as Go International Women’s Day, which we Girl. and who are assigned to teach outside will celebrate tomorrow, March 8th. of their field of expertise. Go Girl is designed to create a bold It is during this time that we ac- new workforce of energized young knowledge American women of all cul- According to the Journal of Teacher women in science, math, technology tures, classes and ethnic backgrounds Education, students learn significantly and engineering. who have served as leaders in the fore- less from teachers who are not pre- Last year, it was included as an front of every major progressive social pared in their teaching area. Fields amendment to two separate bills in the change movement, not only to secure like mathematics, physical science, Committee on Science and the Com- their own rights to equal opportunity, special education, and bilingual edu- mittee on Education and the Work- but also in the abolitionist movement, cation are suffering from a shortage of force. This year I will be reintroducing the emancipation movement, the in- teachers across different regions of this Go Girl. dustrial labor movement, the civil Along with improving early edu- country. rights movement, and other move- cation, we must also invest in job These shortages occur in part be- ments to create a more fair and just training programs and initiatives that cause some States prepare relatively civil society for all. give women the tools they need to be- few teachers but have rapidly growing Women have played, and continue to come self-sufficient. student enrollment. In my State of play, a critical economic, cultural and Mr. Speaker, we all know that one of California, enrollments are projected the best tools a woman can have is a social role in every sphere of our Na- tion’s life by constituting a significant to increase by more than 20 percent in quality education, since it is nearly that State by the year 2007. impossible to get a good job without a portion of the labor workforce working strong educational background. in and out of the home. In order to achieve the educational That is why I am working on legisla- One of the most significant roles of goals and success we hold for all of our tion to allow education to count as women is that of mother, bearing chil- children, we must develop strategies work when we reauthorize the welfare dren, nurturing and protecting their that do not trade off student learning to work legislation. children. for the hiring of unqualified teachers. Mr. Speaker, this month, the month In an effort to provide for the well- In addition, we must be willing to pro- of March, encourages us to think about being of her children, a mother takes vide qualified teachers, especially in the progress women have made, and it charge of all health and educational the urban areas, with professional sala- reminds us to use every instrument in needs critical to the child’s develop- ries and much needed training and our power to continue to move forward. ment. Thus tonight we will focus on services. We must continue to dedicate ourselves women and education. As a mother and grandmother, I am Mr. Speaker, we are proud to cele- to the jobs ahead. We must improve brate this month as Women’s History education for young girls and adoles- well aware of the importance of a qual- Month. cents. We must invest in job training ity education in the lives of young peo- for women, ensure equal pay for equal ple and know that next to mother a We also need to create high quality mentor work, and we must protect these teacher is probably one of the most in- programs for beginning teachers and expand rights, both in the United States and fluential persons in a child’s life. teacher education programs in high need abroad. As a former educator and the only fields so that individuals wishing to teach It is said that a woman’s work is Member of Congress to serve on the Na- math, science and special education can ob- tional Commission on Teaching and never done, hence we are here tonight tain the training necessary to accomplish their America’s Future, I have been com- working in the middle of the night. Our goals. I am committed to ensuring that Amer- mitted to promoting quality teachers predecessors knew the same thing in ica’s teachers are well trained, and well com- 1848. in our Nation’s public schools. Tonight I would like to discuss the pensated. What goes on in classrooms be- Today, we know that with challenges tween teachers and students may be the core ahead, we have our work cut out for us. issues of teacher recruitment, reten- tion and professional development. of education, but it is profoundly shaped by We must continue so that we can get the policies we propose and pass in Con- the job done. Mr. Speaker, it is widely recognized that investments in teacher knowledge gress. We must support the work of teachers f are among the most productive means and school administrators and work together WOMEN’S HISTORY MONTH of increasing student learning. Despite to strengthen America’s educational system. It The SPEAKER pro tempore. Under a our gains, much work still needs to be is my hope that together, we can develop in- previous order of the House, the gentle- done. We need to ensure that all of this novative methods to ensure that there is a woman from California (Ms. Nation’s children are taught by well- competent, caring, and qualified teacher for MILLENDER-MCDONALD) is recognized prepared and well-qualified teachers every child in the United States of America. for 5 minutes. who have access to ongoing profes- Women across America let’s celebrate this Ms. MILLENDER-MCDONALD. Mr. sional development and lifelong learn- month and showcase the accomplishments of Speaker, I am proud to stand here ing opportunities. women. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H715 b 2015 people, and by the people remain truly gap that we left open at the end of the RECOGNIZING FIVE CITIZENS for the people. Long after many of us 106th Congress in spite of Colombine. FROM MARYLAND FOR THEIR would have withdrawn in frustration The Million Moms are still orga- FINE SERVICE TO OUR NATION and moved on, they never lost their nizing at the grass roots. Members sense of optimism about our system of should be wary of letting another year The SPEAKER pro tempore (Mr. government. go by of shootings and no action. I will CANTOR). Under a previous order of the Mr. Speaker, I commend them for have a Mother’s Day resolution on the House, the gentleman from Maryland this optimism. I commend their perse- floor and I challenge the Congress to (Mr. GILCHREST) is recognized for 5 verance, and I commend the example close the loophole before that resolu- minutes. they set for our children and grand- tion and before Mother’s Day. We have Mr. GILCHREST. Mr. Speaker, I rise children. come so very close and we must ask today to call my colleagues’ attention In his recent inaugural address, our ourselves what advantage is it to us to the fine service to our Nation by five new President reminded us sometimes and our constituents to give an advan- citizens from my Maryland Congres- in life we are called to do great things, tage to gun shows over licensed dealers sional district: Mr. John Williams of but every day we are called to do small in our district? Why should licensed Elkton, Mr. Richard Noennich of things with great love. These five pa- dealers not get the respect, they who Elkton, Mr. William Jeanes of triots showed that in the small things pay taxes, over gun shows who go with- Earleville, Mr. Donald H. Burton of they did every day and the great ac- out the same regulations; and why op- Chesapeake City, and Mr. Emmett complishment that resulted, they pose closing the loophole when 90 per- Duke of Chestertown. showed great love for their community cent would pass instantly. This is a Very often we go on with our busy and our country. question of congressional will. lives and forget that every day our gov- Mr. Speaker, I ask my colleagues to I do not pretend that this is any pan- ernment is making decisions and plans join me in thanking John Williams, acea any more than the Brady Bill was, that will affect our health, our lives Richard Noennich, Bill Jeanes, Don but everybody now knows what a con- and our future. Every day so many of Burton and Emmett Duke for their siderable difference the Brady Bill us take for granted that someone else service to our nation. made. It is some important difference will take up the causes for which we Ralph Waldo Emerson said in his that closing the loophole would make, care and serve as the watchdog over essay more than a hundred years ago, and surely today we would recognize our Federal institutions. Often we are Self-reliance, ‘‘There is no peace with- that with all of the rhetoric about pro- too busy to get involved and our gov- out the triumph of principles.’’ These tecting our children. This much we can ernment moves ahead without critical men epitomize that statement. do. We can close that loophole. oversight from the people, leaving ac- Mr. Speaker, I would like to lay the f countability to be sacrificed on the second amendment argument to rest altar of convenience. The SPEAKER pro tempore. Under a once and more all. The Constitution More than 4 years ago our govern- previous order of the House, the gen- does not bar reasonable regulation of ment, emboldened by the neglect of its tleman from California (Mr. BACA) is gun ownership. How do I know that? In elected leaders, was determined to recognized for 5 minutes. the District of Columbia and all over move forward on a public works project (Mr. BACA addressed the House. His the United States, there are laws that in Maryland to deepen the Chesapeake remarks will appear hereafter in the forbid handguns altogether. Those laws and Delaware canal that connected the Extensions of Remarks.) were challenged decades ago and found Delaware River to the Chesapeake Bay. f constitutional. Why in the face of the This particular project was both a dis- The SPEAKER pro tempore. Under a fact that cities and localities regularly service to the taxpayers and a sin to previous order of the House, the gen- regulate guns do we hear constitu- our fragile Chesapeake Bay. A proposal tleman from New York (Mr. OWENS) is tional arguments against closing the to spend over $100 million on this recognized for 5 minutes. loophole. We need a national law. It is wasteful and unnecessary project was (Mr. OWENS addressed the House. not good enough to have a law in New never challenged. Yet five men from His remarks will appear hereafter in York and Atlanta and the District of opposite corners of the community and the Extensions of Remarks.) Columbia because guns travel by inter- separate walks of life met by chance f state commerce like people, they trav- and formed an alliance in the name of el on people and they travel in cars. The SPEAKER pro tempore. Under a injecting honesty and integrity into an We must not wait for the next shoot- previous order of the House, the gentle- intimidating government review proc- ing because we know it will come, and woman from Michigan (Ms. KIL- ess. Led by the guiding principle of it may even come if we close the loop- PATRICK) is recognized for 5 minutes. truth and a commitment to public hole. But to the extent that we save (Ms. KILPATRICK addressed the service, these patriots faced the air of the life of one child, and there are two House. Her remarks will appear here- entrenched special interest with little dead tonight, by a law that closes the after in the Extensions of Remarks.) outside support and ultimately tri- gun show loophole, we shall have done umphed in their efforts. f what was necessary for Members of After enduring years of ridicule by CLOSE THE GUN SHOW LOOPHOLE Congress to do. editorial writers, being stonewalled by Mr. Speaker, I ask this body to act government bureaucrats and The SPEAKER pro tempore. Under a now, act before Mother’s Day. previous order of the House, the gentle- marginalized by many of their own f elected officials, they were recently woman from the District of Columbia vindicated in their work by the right- (Ms. NORTON) is recognized for 5 min- 36–YEAR ANNIVERSARY OF MARCH ful collapse of the project when the utes. ACROSS EDMUND PETTUS BRIDGE Corps of Engineers finally recognized Ms. NORTON. Mr. Speaker, I hope The SPEAKER pro tempore. Under a that they were correct in their assump- that the Congress was awake today previous order of the House, the gentle- tions. when there was another shooting, mak- woman from Texas (Ms. JACKSON-LEE) Throughout the entire experience, ing two shootings in a week, yesterday is recognized for 5 minutes. these five men did not forget that one California at a public school, two dead, Ms. JACKSON-LEE of Texas. Mr. thing that makes America so strong, 13 injured; today a Catholic school. It Speaker, my colleagues see on the floor that democracy only works when citi- appears that there is one injury. of the House, the gentleman from Geor- zens stay involved. These five citizens I am not sure if it takes these shoot- gia (Mr. LEWIS) and the gentleman committed thousands of hours and ings to get congressional attention. I from Alabama (Mr. HILLIARD). thousands of dollars to making sure do give considerable credit to Senator Mr. Speaker, I rise this evening on a that our institutions of government MCCAIN and Senator LIEBERMAN who day of a very special and heroic event. stay committed to the principles of de- have been trying to close the gun gap In fact, I am somewhat overwhelmed mocracy, that our government of the since this Congress began, that is the because this has been a particularly H716 CONGRESSIONAL RECORD — HOUSE March 7, 2001 difficult day. It caused me to see the find ways to heal the broken hearts of freedom and for the right to vote is importance of those many souls on children who find no other way to ex- still going on. It will not stop until March 7, 1965 who took the heroic step hibit their anger than to take a 22 rifle every facet of our lives are free from to walk across the Edmund Pettus and shoot 30 rounds of ammunition out prejudice and discrimination. But in Bridge in Selma, Alabama. of the 40 that the child secured. order for that to take place, Mr. Speak- It was heroic because they were When is this Congress going to be er, each one of us must rededicate our marching into danger unforeseen. The brave enough, similar to those men and lives to the proposition that all men simple request was to allow people to women who took those steps across the are created equal and that they have vote, to be able to capture the essence Edmund Pettus Bridge some 36 years certain inalienable rights. of the Constitution; and in the Declara- ago, willing to offer their lives so that Mr. Speaker, we as Members of Con- tion of Independence we all are created America might be free and have the gress must make sure that we join the equal. We had the good fortune this right to vote. When will we stand as common man not only in rededicating weekend, as I have done for the past 3 Republicans and Democrats on behalf himself to the principles of democracy, years, to join John Lewis, one of those of our children to stop the bloodletting but we must make sure that our laws along with Hosea Williams and Bernard of children going to school and killing are in accordance with our democratic Lafayette and many, many others on children because we have a love affair principles. that fateful day, March 7, 1965 to begin with arms. We know we can certainly Mr. Speaker, the reenactment of the that walk of no return. protect the second amendment and pro- march across the Edmund Pettus We commemorated it, by our walk, tect our children as well. Bridge is not just a celebration but it and we walked tall. We saw media, we f is a cause celebre. It is a time to re- had throngs, and we were not beaten. member and to reflect upon those per- LOWERING THE ELIGIBILITY AGE Those 36 years ago, however, those in- sons who 36 years ago put their lives at FOR THE EARNED INCOME TAX dividuals who were brave enough to do the mercy of others who were opposed CREDIT it, were putting their life on the line. to them taking such action for the They were beaten, beaten to uncon- The SPEAKER pro tempore. Under a principle that everyone in our country sciousness. They were bloodied, but previous order of the House, the gentle- should have the right to vote. It was an they were unbowed. woman from Hawaii (Mrs. MINK) is rec- honor to participate in that reenact- After what we have gone through in ognized for 5 minutes. ment with such greats as the gen- this last election year, this past week- Mrs. MINK of Hawaii. Mr. Speaker, I rise to tleman from Georgia (Mr. LEWIS) and end was even more riveting and more introduce a bill that lowers the minimum age Bernard Lafayette, and others who par- emotional. It showed me even more the for individuals without children to be eligible ticipated at that time. sacrifice made for those of us who now for the earned income tax credit. Mr. Speaker, all of us have our Ed- stand here today. In 1975, the earned income tax credit was mund Pettus bridges to cross. We still The gentleman from Alabama (Mr. established to provide aid to working parents discriminate in this country against HILLIARD) returned home after being with low incomes. In 1994, the credit was ex- the disabled, against gays, against peo- educated at Morehouse and finishing tended to include low-income workers with no ple who may not speak in our native his law degree to serve his community. children. tongue. We still have a long way to go I pay tribute to him because he lived This credit provides struggling workers age in our society to make sure that every- that life and fought that fight. We 25 or over a financial boost by reducing their one has the opportunity to vote and to must never forget March 7, 1965. tax liability or providing an actual cash benefit. make sure that every vote is counted. We must never forget that bloody But the earned income tax credit discrimi- So it is not just remembering what Sunday, we must never forget the cour- nates against younger workers. It is inherently took place; but, Mr. Speaker, we have age of those who came back, Dr. Mar- unfair to deprive some the benefits of the tax to do something about the inequities tin Luther King came back on, I be- credit simply because he or she is under the that still exist in our society. The re- lieve, March 21, and we should commit age of 25. enactment keeps the public aware of Congress justified the age requirement to ourselves, Republicans and Democrats the past atrocities in our history. It prevent students, who are supported by their alike, never to allow the fundamental keeps them reflecting on the fact that parents, from becoming eligible for the credit. right to vote to be diminished. That is we still must fight for those things Yet in our inner cities and rural areas many why I propose a national holiday for all that are dear to our democracy. We young men and women cannot afford to go to Americans to vote in Presidential hope that the reenactment will cause college. Upon high school graduation, they are years and the Secure Democracy Act all of us to learn from the past but also thrust into the workforce. But many of the jobs that will establish the kind of systems to cause us to be able to profit from available to them do not pay a living wage. that will allow all Americans to vote. the mistakes of the past, to correct My bill helps these individuals by lowering I believe this is extremely important those problems of the past, to correct the minimum age requirement of the earned as we acknowledge as well this month the problems of the present so that the income tax credit to 21 years of age. the celebration of women in America’s future will be safe and secure for all to history. So many women who shared I urge my colleagues to cosponsor this leg- islation. enjoy. their life with the civil rights move- f ment, so many women who are our f first teachers, so many women who 36–YEAR ANNIVERSARY OF MARCH REMEMBERING THE 1965 MARCH braved obstacles to be able to serve ACROSS EDMUND PETTUS BRIDGE ACROSS THE EDMUND PETTUS BRIDGE their country in the United States The SPEAKER pro tempore. Under a military. Yet we still have many miles previous order of the House, the gen- The SPEAKER pro tempore (Mr. to travel. tleman from Alabama (Mr. HILLIARD) is CANTOR). Under a previous order of the Mr. Speaker, on behalf of those who recognized for 5 minutes. House, the gentleman from Georgia wish to vote, on behalf of women, and Mr. HILLIARD. Mr. Speaker, on the (Mr. LEWIS) is recognized for 5 minutes. as I close, on behalf of our children, for 36th anniversary of Bloody Sunday, I Mr. LEWIS of Georgia. Mr. Speaker, I join my previous colleague, the gen- stand to say thanks to the Members of like my colleagues, I rise today to pay tlewoman from the District of Colum- Congress from both sides of the aisle, tribute to the brave and courageous bia (Ms. NORTON) to say how many the Republicans and Democrats, who men and women and a few young chil- more times will we apologize to the came this past weekend to Alabama to dren that attempted to march from parents of dead children. participate in the reenactment of the Selma to Montgomery 36 years ago We must in fact take the bravery of march across the Edmund Pettus today, March 7, 1965. men and women who went forward in Bridge. Just think, Mr. Speaker, 36 years the civil rights movement and women ago, in many parts of the American who paved the way for those of us who b 2030 South, 11 States of the Old Confed- stand here to pass real gun safety legis- Mr. Speaker, this journey was begun eracy, from Virginia to Texas it was al- lation, to hold adults accountable, to some 36 years ago. The journey for most impossible for people of color to March 7, 2001 CONGRESSIONAL RECORD — HOUSE H717 register to vote. As a matter of fact, in Mr. Speaker, we have witnessed a non- So he sent the document, as he said a State like the State of Mississippi, in violent revolution in America, a revo- he would. I thank him for that. I did 1965 the State had a black voting-age lution of values, a revolution of ideas. not expect it to be a perfect thing. It population of more than 450,000 and Because of this march, because of this does not have to be, because we have only about 16,000 blacks were reg- attempted march, we are on our way the legislative process. So the docu- istered to vote. There was one county toward the building of what I like to ment came and we laid it side by side in Alabama, between Selma and Mont- call the ‘‘beloved community,’’ toward with what our staff has, and I have had gomery, Lowndes County, where the the building of a truly interracial de- for some bit of time, and things just do county was more than 80 percent Afri- mocracy. By marching, by standing up, not quite jive in the sense of what it can American; yet there was not a sin- these young men and women, these does for agriculture and what it does gle registered African American voter young children, on March 7, 1965, and for education and some of the things I in the county. In the little county of the Members of Congress back in 1965, am very concerned about, the construc- Selma, only 2.1 percent of blacks of helped to expand our democracy, tion in some of our research centers voting age were registered to vote. helped to open up the democratic proc- and so on. I think it needs some atten- People of color not only had to pay a ess and let hundreds of thousands and tion. poll tax, they had to pass a so-called millions of our citizens come in. I thought, well, that is okay, we have literacy test. Interpreting sections of We live in a better country. We live a process. The gentleman from Iowa the Constitution of the United States, in a better place because a few men and (Mr. NUSSLE), along with the ranking the constitution of the State of Ala- women and a few young children got member, the gentleman from South bama, the constitution of the State of in, what I call, the way to make Amer- Carolina (Mr. SPRATT), will bring us a Georgia and the State of Mississippi, ica different, to make America better. document that we can look at, and it there were black men and women Today, Mr. Speaker, I stand here to sa- will have the refinement of their work, teaching in colleges and universities, lute these brave men and women, men and that will be good, it will be helpful. black lawyers and black doctors being and women, with courage, who dared to But that is not going to happen, so I am told, and that is wrong. It is very told they could not read or write well sail against the wind on March 7, 1965. wrong. enough. On one occasion, a black man f I just have to reflect on what we do had a Ph.D. degree in philosophical The SPEAKER pro tempore. Under a in our own families. I travel across my theology and he flunked a so-called lit- previous order of the House, the gen- district; and when families sit at the eracy test. On another occasion, a man tleman from Louisiana (Mr. JEFFER- table and talk about what they are was asked to give the number of bub- SON) is recognized for 5 minutes. going to do with their resources, they bles in a bar of soap. (Mr. JEFFERSON addressed the want to pay off their debts, if they are The drive, the movement for the House. His remarks will appear here- planning a vacation, they have to be right to vote came to a head in Selma, after in the Extensions of Remarks.) sure that they have things in order; Alabama. For many months people had f that the kids are ready for school, they gone down to the courthouse to be The SPEAKER pro tempore. Under a have their clothes, all those things. turned back. They were arrested. Some previous order of the House, the gen- They see their budget before they were jailed. On March 7, 1965, about 600 tleman from South Carolina (Mr. CLY- spend that which they may not have to black men and women, and a few young BURN) is recognized for 5 minutes. spend. children, attempted to march from (Mr. CLYBURN addressed the House. County and city government, I have Selma, Alabama, to Montgomery, to His remarks will appear hereafter in dealt a lot with them. In our States the State capital, to dramatize to the the Extensions of Remarks.) they have to deal with property tax. Nation and to the world that people of f That is how they run most of county color wanted to register to vote. They and city government. Everybody would were beaten with night sticks, bull CONCERNED ABOUT A TAX CUT BILL BEFORE A BUDGET BILL like to have relief from property tax, whips, trampled by horses, and tear me too; but they would not think of de- gassed. The SPEAKER pro tempore. Under a claring a property tax relief until they That day became known as Bloody previous order of the House, the gen- considered the needs of the budget for Sunday. There was a sense of righteous tleman from Iowa (Mr. BOSWELL) is rec- that entity. They just would not think indignation all across America when ognized for 5 minutes. of it. Yet here we are about to embark people saw what happened to these 600 Mr. BOSWELL. Mr. Speaker, I come on this. men and women and young children in tonight at this late hour troubled In 1981, 20 years ago, when the tax Selma. Eight days later, after what be- somewhat about an event that I think bill of that day was passed, I was talk- came known as Bloody Sunday, Presi- needs some attention. I kind of hesi- ing to my accountant, Mr. Chuck dent Johnson came to this hall and tate talking about it after those won- Church, down in Des Moines, Iowa, he spoke to a joint session of the Con- derful words said by the gentleman is a CPA there, and we discussed this. gress, and he started that speech off on from Georgia (Mr. LEWIS) about a very We thought, well, this is pretty good, March 15, 1965, by saying: ‘‘I speak to- important thing. This is on another but then we started thinking about night for the dignity of man and for subject; but I appreciate what the gen- some of the other things that could the destiny of democracy.’’ President tleman said tonight, and I want to take place. Now, I bring this up for Johnson went on to say: ‘‘At times, thank him for it. comparison, budget first, because history and fate come together to Tomorrow, according to our majority things are much different than it was shape a turning point in man’s leader, we are going to be dealing with 20 years ago. unending search for freedom. So it was the first round of our tax bill, and I am Twenty years ago, we only had $1 more than a century ago at Lexington concerned about that. A few days ago trillion in debt. Now we have $5.7 tril- and at Concord. So it was at Appo- President Bush came up to Nemacolin lion. The service of the debt now is mattox. So it was last week in Selma, and talked to our caucus, and we en- quite a contrast. If we made a mistake Alabama.’’ joyed that visit very much. We appre- then, we had the strength and so on to And in that speech on March 15, 1965, ciated it. And in the process we asked recover from it. Do we today, if we President Johnson condemned the vio- him, Can we see a budget first? Can we make a mistake? I do not know. I am lence in Selma, introduced the Voting see the budget? For me, that was very concerned about it. I do not think that Rights Act; and before he closed that real, because before I came here there in those days they were thinking about speech he said over and over again: was a time when I was in our State leg- the baby boomers coming on. They are ‘‘And we shall overcome.’’ The Con- islature and had a very significant role coming. Now they are just 8 years away gress passed the Voting Rights Act, to play in working up a balanced budg- before they start entering into the and it was signed into law on August 6, et and getting our State out of bondage fray, and we have to deal with that. 1965, 36 years ago. and out of debt. So I am very conscious Twenty years ago they were not giving Because of the courage of these men of that. So we appreciated him saying that much attention. And I think that and women and these young children, that. needs attention. H718 CONGRESSIONAL RECORD — HOUSE March 7, 2001 So we need the budget first, and I over 100,000 votes that were not count- Ms. BROWN of Florida. This is round want to say to the American people to- ed, not one time. one, Mr. Speaker. We will continue this night and whoever else is listening in Let me discuss what an undervote is. discussion. their offices or wherever, common An undervote is like if you come from f sense says show the budget. Like the Duval County and you have those old C–SPAN, ERGONOMICS, THE PRESI- little lady said on advertising some machines and the machines spit the DENT’S TAX CUT AND PATIENT years ago, ‘‘Show me the beef.’’ Show vote out so they were not counted. I PROTECTION LEGISLATION us the budget so we can see where we asked the leadership of this House, are at and so we can go forward with when were we going to have a hearing The SPEAKER pro tempore. Under good sense and make the progress we on the illegal activities that occurred the Speaker’s announced policy of Jan- need to make. in Florida, the illegal activities that uary 3, 2001, the gentleman from Iowa We all would like to have tax relief. occurred on November 7. The response (Mr. GANSKE) is recognized for 60 min- I want tax relief. The money we have was that next week we are going to utes as the designee of the majority here is not our money. It is the peo- have a hearing on profiling, racial leader. ple’s money. We all know that. If we profiling. Mr. GANSKE. Mr. Speaker, this have more than we need, then we ought Now, I really think that is very im- morning started out with a breakfast to send it back. But we ought to deal portant, but that has nothing to do that I and other Members and past with the realities of where we are at with the election in Florida and what Members of Congress had with Brian and not jeopardize Social Security and happened in Duval County and in Semi- Lamb, who is the head of C–SPAN, the Medicare and defense and agriculture, nole County, where people went in to chief executive officer of C–SPAN. I and a number of things that are very, the supervisor of elections and filled must give a lot of credit to C–SPAN, very high priorities to us. We ought to out forms, and in Martin County, because it is bringing democracy into think of it and be sure that we have the where they went in to the supervisor of millions and millions of homes every budget first. elections and took forms out and where day and has opened up the political So here we are tonight, Mr. Speaker, the Secretary of State in the State of process more than ever before. Some- at this point, a few hours away from Florida took $4 million of taxpayers’ times I will give a special order and I taking it up, and I would hope we money, subcontracted to a firm in will invariably hear from home from would give some consideration to what Texas to identify felons, and many that some of my constituents and very, very we have talked about. were identified and kicked off of the frequently I will hear from my col- roll had never been arrested. leagues here in Congress on a comment f on what I spoke about. I know that Yes, there were a lot of criminal ac- b 2045 other Members who take part in spe- tivities that occurred in Florida on No- cial orders find the same thing. A THE FLORIDA VOTE vember 7. I cannot move forward be- major reason for that is because of the cause we are debating tomorrow a tax The SPEAKER pro tempore (Mr. coverage by C–SPAN, a real service. cut as if someone had a mandate on CANTOR). Under a previous order of the Mr. Lamb is a gentleman and I think a November 7. That is what is disturbing House, the gentlewoman from Florida patriot for selflessly giving up of his to me. The issue that we discussed (Ms. BROWN) is recognized for 5 min- time and tremendous work and energy today, turning back the clock for utes. to provide a service for citizens around American workers, we would not be Ms. BROWN of Florida. Mr. Speaker, the country and a service that also discussing those items if we did not first of all let me thank the gentleman helps us do our business here. Because have that coup to take place in Flor- from Georgia (Mr. LEWIS), the gen- there will be innumerable nights when ida. tleman from Alabama (Mr. HILLIARD) I will be working in my office and there and the gentlewoman from Texas (Ms. Mr. Speaker, my people in Florida will be coverage here on the floor or JACKSON-LEE) for their discussion to- want to know, when in Congress are we during the daytime when we are all night over the fight to get the right to going to have a hearing on the illegal tied up in committee meetings and vote. I want to take that a step forward activities that took place in Florida other things, and we get to follow what to discuss the fight to make sure every during the election and after the elec- is going on on the floor via the cov- vote counts. tion? erage from C–SPAN. Before I begin, I want to talk a bit Mr. LEWIS of Georgia. Mr. Speaker, I think tonight is a good example of about the coup d’etat. I know those are will the gentlewoman yield? the type of diverse comments that are strong words, Mr. Speaker, but that is Ms. BROWN of Florida. I yield to the covered, especially after regular order what happened in Florida, on Novem- gentleman from Georgia. and during what is called special or- ber 7, because, without a doubt, more Mr. LEWIS of Georgia. I thank the ders, about the only time that Con- people, not just in the United States, gentlewoman for yielding. We are not gressmen and Congresswomen have to went to the polls and voted for Al Gore, in the majority, so we cannot set the speak at any length of time is during more people in the State of Florida time and place of the hearing. It is my this time. went to the polls and voted for Al Gore. hope that we will have a hearing, that Mr. Speaker, we have 435 Members of In fact, I represent Duval County, the the leadership of the Congress, the the House. We can fill every seat in Third Congressional District of Flor- leadership of this House will hold hear- this room. And because there are so ida, where 27,000 votes were thrown ings on what happened in Florida. The many of us, the rules of the House out, 16,000 of them African Americans, right to vote, and the right to have make it so that when we debate an im- 22,000 overvotes, 6,000 undervotes, that your vote counted, is the heart and portant issue, there is a limited have never been counted. soul of our democratic process. amount of time. We do not have the I was particularly disturbed last We just had a discussion a few mo- luxury of only having 100 members like week when the Miami Herald, and I ments ago about how people suffered, they do in the Senate where the Sen- have got to give credit, if you read the people struggled, people that I knew ators can speak for extended periods of article, they did not say that Al Gore died for the right to vote. I will never time and develop completely ideas. lost Florida, but the media went in and forget in June of 1964, three young And so what frequently happens is that talked about the election and indicated men, Andy Goodman, Michael during a debate on an issue like today that in four counties, four counties, if Schwerner, white, Jewish from New when we spoke about workplace regula- the recount was done, that Bush would York; and James Chaney, black, from tions on ergonomics, we will have a set have won. But I knew for a fact they Mississippi, were arrested, jailed by the period of time for debate, it will be di- were not talking about Duval, because sheriff, then taken over to the Klan vided between both sides, the Repub- we just started counting the votes, the where they were beaten, shot and licans and the Democrats, and then, be- undervotes in Duval Monday. We have killed because they were there to help cause so many Members want to speak been in court. And so we are still people register to vote. Then Jimmy on an issue, like will happen tomorrow counting the undervotes in Florida, Lee Jackson in Alabama and others. when we debate the tax cut, there is March 7, 2001 CONGRESSIONAL RECORD — HOUSE H719 only a very small amount of time that on this complex issue. So I looked at with the National Research Council is allotted to each Member. And so, un- my speech and I tried to pare it down that more study is important. fortunately, frequently the volume is and sure enough I ran out of time right Mr. Speaker, we need a better under- turned up and the thought does not get at the end. So I am going to speak a standing of the mechanisms that un- very well developed, and we end up little bit about that, because it is an derlie the relationships between causal sometimes, I am afraid, with some awfully important issue, to workers, to factors and outcomes. We need to clar- shouting on the floor and more par- employers, and really to our economy. ify the relationships between symp- tisanship than we need to see. And ba- Tomorrow we are going to be debat- toms, injury, injury reporting and dis- sically we are talking from soundbites. ing a tax cut bill. So today I went to ability on the one hand and work and And so I very much appreciate the the floor, here on the floor, I ran into individual and social factors on the chance that we have on evenings like the chairman of the Committee on other. this to address some issues in a little Ways and Means, and I asked the gen- We need more information on the re- more depth, and I think it is really, tleman from California (Mr. THOMAS) if lationship between the degree of dif- really important that we maintain the I could have some time to speak on the ferent mechanical stressors and the bi- opportunity to do that. tax cut. Well, he thought that maybe I ological response in order to under- I have learned a lot tonight in sitting could have a minute or two, but he had stand what is known as a dose response on the floor and listening to fellow an awful lot of people on his own com- relationship, and then to define risk. Members. We have just had the gentle- mittee who wanted to speak. So to- woman from Texas (Ms. JACKSON-LEE), night I am going to develop a little bit Mr. Speaker, we need to clarify the the gentleman from Alabama (Mr. further my thoughts on a tax cut. clinical course of musculoskeletal dis- HILLIARD) and the gentleman from We have before us in Congress a very orders. Georgia (Mr. LEWIS) talk about an important issue on patient protection, Now, as someone who has treated a event that happened 36 years ago. Un- and how people are treated by their lot of patients with this problem, I can fortunately probably most Americans HMOs. Goodness, Mr. Speaker, I can re- say that it is not always easy to distin- do not know what happened at the Ed- member about 3 years ago now this guish various aches and pains from mund Pettus Bridge, but it was really, coming to the floor and we had 1 hour musculoskeletal disorders. Unfortu- really important to a lot of people of debate on each side, which meant nately, Mr. Speaker, the older we get after it happened. that everyone who wanted to speak got the more often we all end up with Mr. Speaker, it will not be long be- about 1 minute or 2 minutes, so tonight aches and pains, but we do not all have fore you and I are not around, or any of I am going to spend a little bit of my ergonomics, ergonomic-type diseases us are around, and hardly anyone will time on that, too. or disorders. remember any of us very long. But Mr. Speaker, I applaud yesterday’s It is paramount, Mr. Speaker, to the there is a saying that is engraved by vote in the Senate on the proposed patient’s welfare and future in the Robert Kennedy’s gravestone that I ergonomics rule in which 56 Senators workforce to make the correct diag- think is appropriate, and it is why we to 44 voted that the proposed regula- nosis. If a patient is told that he or she all work in public service and why at tions were inappropriate and that we has a musculoskeletal disease, quote/ home we work for our families. It is should do them again. unquote, it can actually encourage a not that there is any expectation that disease mentality where one may not b 2100 we are going to be famous or that we have existed before. are going to be remembered for any pe- I applaud the House of Representa- This regulation that the House to- riod of time, it is just that if you toss tives in taking a similar position night just rejected, in my opinion, that small pebble into the ocean, you today. could have actually harmed patients. Mr. Speaker, prior to coming to Con- will make a little splash, and it will For instance, OSHA describes ‘‘observ- gress, I was a reconstructive surgeon create a little wave, and if enough able’’ physical signs that would con- who treated a large number of patients other people do that, you will create a stitute, quote, ‘‘a recordable musculo- with upper extremity musculoskeletal current, and a current adds to a cur- skeletal disease,’’ unquote, that would disorders, some of which were disease rent and collectively you can make a have to be reported by the employer. difference just like those men and processes like carpal tunnel, cubital Now, some of those signs that OSHA women did 36 years ago that resulted in tunnel, tendonitis. talks about that the employer is sup- millions and millions of people getting Mr. Speaker, I am not a spokesperson posed to look for are things like de- the right to vote. I really appreciate for these organizations; but I am the creased grip strength or decreased the comments tonight that we have only Member of Congress who is a range of motion. Mr. Speaker, all hand had from our colleagues. member of both national hand surgery We do not always agree. I do not societies, the American Society for surgeons know that those types of tests agree that in Florida there was any Surgery of the Hand and the American can be very subjective. How does one evidence that any fraud took place. Association of Hand Surgery; the only know how hard somebody is trying to And so I would take issue with state- Member of Congress who has actually grip? How does one know if they are co- ments that were made tonight in that treated patients with ergonomic dis- operating fully with a full range of mo- regard. But my plea to Mr. Lamb is eases. Like hand surgeons around the tion? This is something, that according that we are allowed to continue to country, I share OSHA’s concerns to these regulations, is supposed to be have special orders broadcast. I think about the health and safety of workers done by the employer. it is important. We can communicate and I am dedicated, as all hand sur- I am troubled that in those regula- with our colleagues back in the office geons are, to helping prevent and re- tions the truly objective type of find- buildings after hours, or sometimes duce workplace injuries. ings, the things that can be reproduced even in their apartments here on Cap- Repetitive stress injury is poorly un- without a patient’s subjective input, itol Hill. We can communicate with derstood. The diagnosis is made far too things like atrophy, reflex changes, constituents. And it gives us our only commonly and the implications of that electrodiagnostic abnormalities and chance here in the House to talk about diagnosis are far-reaching for patients, certain imaging findings, these were an issue in some depth without having employers, employees, and third party not the things that were required by to shout soundbites. payers. Like OSHA, I and thousands of the employers to report. The MSD So tonight, Mr. Speaker, I want to other hand surgeons recognize the need symptoms in the rule do not require talk about a couple of issues. Earlier to pay close attention to musculo- objective verification in order to be re- today, the House dealt with the pro- skeletal aches and pains and to appro- cordable. So, in my opinion, that posed new workplace regulations on re- priately diagnosis and treat musculo- places much too much responsibility petitive-type injuries, or the skeletal disease in a timely fashion. on both the worker and on the em- ergonomics rule. When I was on the However, I believe that OSHA’s new ployer to make a correct diagnosis. floor earlier today and wanted to speak ergonomic rules are not founded on, ‘‘a This gets to be a problem because of on this, I was given 11⁄2 minutes to talk substantial body of evidence.’’ I agree this: Mr. Speaker, we know that in the H720 CONGRESSIONAL RECORD — HOUSE March 7, 2001 general population about 2 to 10 per- using the increasing tax surplus for tax would receive 22 percent of the total re- cent of the public can have bodily com- relief. In testimony before the House ductions called for. plaints as a manifestation of psycho- Committee on the Budget, Mr. Green- Those earning more than $80,000 per social disorders and, Mr. Speaker, in span noted that a surplus of this size year, or the top 10 percent, who pay 64 my opinion it is more common to see allows the government to significantly percent of income taxes would get 47 that in a group of patients when one is cut the Federal debt while providing percent of this tax cut. dealing with work-related musculo- tax relief. Greenspan testified that the b 2115 skeletal disorders, and especially when economy is slowing down. According to one is dealing with worker’s compensa- the Bureau of Economic Analysis, real But lower- to middle-income earners tion. gross domestic product has slowed would get a proportionately larger tax Dealing with these patients in order from 8.3 percent in the fourth quarter cut. Those making $50,000 to $75,000 per to help them continue to be productive of 1999 to only 1.4 percent in the fourth year who are currently paying 12.6 per- members of society, for their own wel- quarter of the year 2000, last year. cent of income taxes would get 17 per- fare, is a real art. It requires an opti- The Consumer Confidence Index has cent of the benefit, and those earning mistic approach. It requires reassur- fallen 5 consecutive months. Unem- $30,000 to $50,000 per year who are cur- ance. One needs to be very careful that ployment increased by 300,000 in Janu- rently paying 7 percent of income taxes they do not set in motion expectations ary. Manufacturing has experienced a would receive 12 percent of the tax cut by the patient that they may not be severe downturn with 65,000 job losses we are going to vote on tomorrow. able to get back to work. in January, with the biggest loss in the Now, Mr. Speaker, I also support I am afraid that that proposed rule, auto industry. In December 2000, there marriage tax relief and death tax re- which fortunately the House tonight were 2,677 mass lay-off actions, quote/ lief, but the House is dealing with the decided to send back to the drawing unquote, the highest since the Labor rate reductions first because the eco- board, would have instantly made mil- Department started collecting that nomic effects of rate reductions would lions of individuals eligible for exten- data in 1995. be felt sooner. It may not be that peo- sive treatment with up to 6 months’ Mr. Speaker, according to the Con- ple are going to get tomorrow some ad- paid time off, and I will guarantee, Mr. gressional Budget Office we have a $5.6 ditional money in their pocket, but Speaker, that that regulation would trillion tax surplus. Of this, $2.6 tril- they know it will not be too soon and not have helped those individuals in lion lies in the Social Security trust they will factor that in to economic de- the long run. fund and is off-limits. Another $400 bil- cisions that they are making now. I So let me repeat, I share OSHA’s con- lion is off-limits in the Medicare budg- think that with the current economic cern about health and safety, and now et. So the usable surplus is about $2.6 slowdown, which is why the Federal that this rule is off the table here is trillion. Reserve has lowered interest rates what I think we should do: We should The tax relief bill before the House of twice in the month of January, and is support a national research agenda on Representatives tomorrow would pro- why most Fed-watchers believe that in- work-related injuries, especially repet- vide tax savings to taxpayers of $958 terest rates will be lowered sooner, itive stress-type injuries. We should billion over 10 years. It provides imme- that our economy needs that stimulus. collect the necessary scientific data. diate tax relief by reducing the current However, it is beyond the power of the We should then incrementally imple- 15 percent tax rate on the first $12,000 Federal Reserve to lower taxes, and ment standards. We should test-control of taxable income for couples, $6,000 for that is why Fed Chairman Alan Green- on-the-job pilot programs of the pro- singles. The new 12 percent rate would span has made an appeal to Congress to posed new rule’s various parts, instead apply retroactively to the beginning of lower taxes. of just jumping into a stack of regula- 2001 and would also be the rate for 2002. Mr. Speaker, I think it is very impor- tions that high. The rate would then be reduced further tant to give the economy a boost now Mr. Speaker, we need to be very care- to 11 percent in 2003 and 10 percent in in order to try to avoid a further eco- ful in the development of the diag- 2006. nomic downturn. That is why the rate nostic criteria and the clinical guide- The reduction in the 15 percent tax reductions in the lower brackets are lines for employers, workers and health bracket alone provides a tax reduction accelerated and would be retroactive in care professionals in the evaluation of $360 for average couples in 2001, this the tax relief bill that the House is and management of musculoskeletal year, or $180 for singles, and it in- going to vote on tomorrow. That tax diseases in the workplace. creases to $600 for couples in 2006. The relief bill that we are going to vote on So because of the action both the House bill reduces and consolidates tomorrow is the responsible thing to House and the Senate have taken and rate brackets. By 2006, the present law do. In my opinion, those who vote ‘‘no’’ on the assumption that President Bush structure of five rates, which is 15 per- on that bill tomorrow will be the risk- will sign what we did today, we are cent, 28 percent, 31 percent, 36 percent takers. going back to the drawing board. We and 39.6 percent, would be reduced to CURRENT STATUS ON PATIENTS’ BILL OF RIGHTS have had assurances from the new Sec- four rates of 10 percent, 15 percent, 25 Mr. GANSKE. Mr. Speaker, let me retary of Labor that she wants to work percent and 33 percent. I believe that speak for just a little bit about the Pa- on this. I think it is very important that is a more fair Tax Code. tients’ Bill of Rights and where we are. that when new regulations come back Currently, the top income tax rate, This continues to be a problem that to us that they are done right. 39.6 percent, is 2.64 times larger than is affecting millions of people, literally f the bottom rate, at 15 percent. Under every day, the problem about being our bill, which we will be debating to- treated fairly by their HMOs. I want to TAX CUTS FOR ALL IS THE FAIR morrow, the top income rate, 33 per- point out that some HMOs are being THING TO DO cent, would be 3.3 times the bottom fair to their patients, but it is also fair Mr. GANSKE. Mr. Speaker, tomor- rate. So proportionately it would be to say that some are not. This cuts row we are going to have a vigorous de- bigger than what we are currently across all brackets, all groups of peo- bate on the floor on a tax cut, and I am dealing with. ple, Republicans, Democrats, men, going to vote for that tax cut. We Some have argued that we cannot af- women. Just about every day, some- should cut taxes because we are col- ford a tax cut and say that it would un- body comes up to me and tells me a lecting surplus taxes, because the Tax fairly provide the greatest benefit to story about the kind of problems they Code should be more fair, and maybe, high-income taxpayers. Mr. Speaker, have had. Just a few days ago, a woman Mr. Speaker, most urgently because that is just not the case. The rate re- in Des Moines, Iowa, came up to me the economy would benefit from a re- ductions and the marriage penalty re- nearly in tears. She has had breast can- sponsible tax stimulus. lief portions of the Bush plan would, cer. She has gone through chemo- Mr. Speaker, I think it is very impor- according to the Joint Committee on therapy. She needs a test that her doc- tant that we act expeditiously. Just Taxation, show that the wealthiest 1 tor recommended, but her HMO re- last week Federal Reserve Chairman percent of taxpayers who are currently fused. She has been, as she said, on an Greenspan reiterated his support for paying 31.5 percent of income taxes emotional roller coaster trying to get March 7, 2001 CONGRESSIONAL RECORD — HOUSE H721 this medical test done. So she went would fall, premiums would skyrocket, by the way, the health plan or the HMO through an appeals process. She that there would be a plethora of law- that you have chosen is their health thought it was authorized. She was up, suits. None of that has happened, as plan too. Okay. If that HMO makes a she was happy, and then the rug was has been documented by statements by decision that is medically negligent, pulled out from underneath her be- President Bush all during the Presi- and the employer, you the employer cause then her HMO turned her down. dential campaign. Our bill is modeled had nothing to do with that decision, Mr. Speaker, a woman who has had after that. you are not liable under our bill. Pe- breast cancer and who has had chemo- So we are coming down to this in riod, you are not liable. therapy and who has been through a terms of trying to get a resolution on Mr. Speaker, I do not know employ- lot, and she has carried this fight with this. What is the scope of the bill? We ers who want to get involved in med- her HMO by herself, she told me, you feel that everyone in the country ical decision-making for their employ- know, GREG, I have never asked my should be covered with a floor of cer- ees. Number one, their employees husband to do this, but the other day, tain protections. We feel, however, that would consider that a violation of their I said to my husband, you are just it was inappropriate and wrong for privacy. Number two, the employers do going to have to carry the load for me Congress 25 years ago to usurp from the not want to get anywhere near that, so on this. That HMO has just worn me States the ability to oversee medical they do not. And if they are not in out. I do not have the energy to fight judgment decisions by health plans. So there meddling, they are not liable them anymore. Will you do this for if there is a negligent action that re- under our bill. I do not know how many me? And, of course, he answered yes. sults in irreparable harm to the pa- times we can say this. I do not know This is part of the problem that we tient, then that would be dealt with on how many distinguished law professors have seen all along. It is the bureauc- the State side, and I should point out around the country we can get to say racies in some HMOs that delay and that about 30 some States have already that, yes, that is the truth. Under the delay and delay needed and necessary enacted significant tort reform in that. plain meaning of the language of your medical care; and after a while, a pa- So what we are basically doing in statute, that is what it says. And then tient gets beaten down, or maybe they this bill is codifying a decision that the the business coalitions will then pur- just pass away, and then it is not the Supreme Court has already made chase full-page ads and say that it is HMO’s problem anymore. called P. Graham v. Hedrick which sets not the way it is. For goodness sake. Well, about a month ago, a bipartisan up that distinction. Contractual deci- We have had some of the leading con- group of Senators and Representatives sions stay on the Federal side in Fed- stitutional and ERISA scholars in the who have worked on this for years, my- eral court. It does not matter if a pa- country look at that. self included, the gentleman from tient needs a liver transplant. It does Look, when I was in medical prac- Georgia (Mr. NORWOOD), the gentleman not matter if it is medically necessary tice, just like a number of my col- from Michigan (Mr. DINGELL), Senator if in the contract it says, we do not leagues, not only were we professionals MCCAIN, Senator SPECTER, Senator ED- provide liver transplants. That is a treating patients, but we also ran a WARDS, Senator KENNEDY, a number of contractual item and would be handled business. We have employees. Those us, and that is just a short list, we have on the Federal side. However, if the employees get health care, usually cov- all worked together to put together a HMO has made a medical judgment- ered through the practice. And I say to truly bipartisan bill to finally, after 5 type decision that then results in an my colleagues, I do not know any phy- or so years of battling the HMOs who injury, then that is no longer a con- sicians that enter into the medical de- have delayed and delayed and delayed, tractual issue. Now we are getting into cision-making of their employees. That trying to get us worn down, well, we the practice of medicine and the deter- is between the employee and the HMO. are not worn down. We are going to mination of medical necessity, and They do not want to get anywhere near continue fighting for this. We put to- that is where then a patient can go that, and they are protected, just like gether a bipartisan bill and we put it in through the appeals process, ulti- any other small businessperson would the docket on the Senate side and here. mately to an independent panel, and be. Some say, some of the businesses We laid down a mark. We took portions that panel’s decision would be binding say, well, we have a self-insured plan. of work that has been done by other on the health plan. We think that is a Maybe this will make us more liable. people interested in this issue, Senator fair resolution. They looked at that down in Texas. NICKLES, we incorporated language Basically what we have done in the Those self-insured plans are run by from his bill; substitutes that were bill is we have done a new bifurcated third-party administrators, they do not here on the House floor 2 years ago. We Federal-State structure from what we micromanage like HMOs; their risk is took language from the Goss-Coburn- did that passed the House where we very, very small, and when they ask Shadegg bill; wherever we could, wher- simply said a medical judgment deci- their actuaries, what difference would ever we could see that there were simi- sion goes to the State and we remained this make in the premiums we should larities; we took other pieces, pieces silent on the provisions that stayed on be charging, they get a minuscule from other bills, we combined them to- the Federal side as it related to con- amount that is about the equivalent of gether, and we think we have the best tract. a Big Mac per month. work product out there, something We continue to feel that the em- that continues to allow employers, es- ployer protections in our bill are solid. pecially across State lines, to set up a There are about 300 endorsing organiza- b 2130 uniform benefits package under ERISA tions for the Norwood-Dingell-Ganske Mr. Speaker, I think we have a great so that they are not subject to State- bill that passed the House 2 years ago, bill. This bill has gone through a num- mandated benefits. We allow that to and these organizations are supportive ber of modifications in our attempt to continue. However, we also say, we of the Ganske-Dingell bill now, the take a step towards the opponents of ought to have to provide certain serv- McCain-Edwards bill. All of these orga- our bill and address their concerns, but ices, many of which are no longer con- nizations have employees. The struc- every time we do that, Mr. Speaker, troversial, like emergency care and not ture of these organizations is also one the opponents to this take a step back. gagging doctors from telling patients of an employer-employee relationship. It is the proverbial old moving goal what they need, but primarily, the bill They have all looked at the legal rami- post. Finally, Mr. Speaker, as I am sets up a process so that if there is a fications as has some of the leading going to make an appeal to my col- dispute on a denial of care, that the pa- ERISA law firms in the country, and leagues to sign on to this bill, we have tient has a process, a fair process the employer protections are solid. If a lot of cosponsors, bipartisanship co- through which they can go to appeal an employer has not entered into the sponsors in the House already. that, both internally and then to an ex- medical decision-making process by But there are a couple of things in ternal independent appeals process. We the health plan; let us say you are a this bill that should be particularly en- modeled our legislation after what was small business in a west Texas town, ticing to my Republican colleagues, be- passed in Texas a number of years ago. and you have 10 employees and you cause we have an extension of medical The HMOs at that time said the sky provide health insurance to them and, savings accounts in the bill that is in H722 CONGRESSIONAL RECORD — HOUSE March 7, 2001 the House. We have 100 percent deduct- think, the best opportunity for our new break the House rules. Many of my col- ibility for the self-employed in this bill President to try to change the tone in leagues felt like that with January the in the House. Washington and to be able to move the 20th coming that we had gotten passed Those are things that Republicans Patients’ Bill of Rights forward as the the playing on words of definitions of have wanted for a long, long time, and first piece of truly bipartisan effort. what various words are, and that we the Democrats, who have negotiated in Mr. Speaker, I think it certainly is thought we were ready for some good faith, but may not be exactly within our grasp, and I think that the straight talk, but we are going to hear where they are in a couple of those efforts that the gentleman has made from the leaders of this House tomor- things or at least on the medical sav- have blazed that trail. And as the gen- row that technically we are going to be ings accounts issue, but in their spirit tleman mentioned, I was fortunate to legal with the rule and the consider- of cooperation and compromise, they be able to carry one of the first Pa- ation of this bill. said, all right, if we think it is impor- tients’ Bill of Rights in the country in Mr. Speaker, some of us believe that tant, they will accept it in the bill and Texas in 1996. And, of course, it was not that is not a positive action. In fact, they did. until court rulings determined that our we believe very strongly that even if it Mr. Speaker, I am going to close to- State protections really did not apply is technically correct, that we ought to night coming back around to where I to all patients enrolled in managed live up to the spirit of the budget law, was before, and that I sincerely hope care, that we had to deal with that and that is when we will find the Blue that Mr. Brian Lamb on C–SPAN is here in Washington. Dogs standing shoulder to shoulder watching tonight. This is the only op- Mr. Speaker, I thank the gentleman bipartisanly with the majority in this portunity a number of us who are not for his leadership on that issue. House in dealing with the budget proc- members of leadership ever get to come Mr. GANSKE. Mr. Speaker, I notice ess, which will include tax relief. to the floor of the House of Representa- the gentleman from Texas (Mr. We have no argument whatsoever tives and for anything other than a SANDLIN) and I want to thank him for that in the budget of this year and over sound bite speak on an issue and try to his great work that he has done on pa- the next 5 years that significant tax re- lief is in order, and will and are pre- express our ideas in some depth. tient protection. The gentleman from Mr. Speaker, I see that we are now Arkansas (Mr. BERRY) has done a won- pared to vote for it, but that is not joined by a distinguished couple of col- derful job on this issue, too. what we are going to do tomorrow. We have truly worked together in a Being in the minority when we are leagues from Texas. I am about done, bipartisan fashion, and I look forward overrun, when decisions are made by but first I will yield to the gentleman to the day when we can all be together the leadership that we are going to from Texas. in a signing in the Rose Garden. bring a tax bill onto the floor, we are Mr. STENHOLM. Mr. Speaker, I not going to have bipartisan consider- thank the gentleman from Iowa (Mr. f ation, it is going to be the bill that the GANSKE) for yielding to me and I would SO-CALLED ECONOMIC GROWTH gentleman from California (Mr. THOM- like to say that I have enjoyed listen- AND TAX RELIEF ACT AS), the chairman of the Committee on ing to the gentleman’s dissertation re- The SPEAKER pro tempore (Mr. Ways and Means, and the leadership garding the Patients’ Bill of Rights. FLAKE). Under the Speaker’s an- have selected, and that is going to be And as a Texan, I would say as an nounced policy of January 3, 2001, the the bill that we are going to vote on, Iowan the gentleman has gotten it ex- gentleman from Texas (Mr. STENHOLM) there is nothing we can do about it, un- actly right. And I do not understand ei- is recognized for 60 minutes as the des- less we have some of the same kind of ther how some groups can continue to ignee of the minority leader. bipartisan support that we were talk- be as opposed as they say they are Mr. STENHOLM. Mr. Speaker, to- ing about with the gentleman from when the facts of the matter regarding night we Blue Dogs are going to take a Iowa (Mr. GANSKE) a moment ago. lawsuits are exactly like the gen- few minutes to discuss tomorrow’s vote When we find ourselves in substantial tleman from Iowa (Mr. GANSKE) has regarding the so-called Economic agreement and when we have that kind stated. Growth and Tax Relief Act, and we are of action on the floor of the House, we I, for one, appreciate the gentleman’s going to do our best to explain to all truly will be bipartisan, but that is not leadership on this issue, and we as co- who are listening and to our colleagues what we are going to do tomorrow. sponsors of the legislation will look and to others why we believe that it is Mr. Speaker, the President’s plan is forward to sooner, if not later, getting a terrible mistake to bring a tax bill to an important voice in this process, but this legislation on the floor and passed the floor of the House before we first it is not the only voice. There are a lot and on the way to the Senate and on to pass a budget. of questions that remain about his the President. Last week, President Bush submitted budget. We have an honest disagree- Mr. Speaker, I appreciate the gentle- a budget blueprint outlining how he ment about some of his priorities and man’s leadership on this issue. proposes to fit his tax and spending pri- questions about how he will pay for all Mr. GANSKE. Mr. Speaker, I thank orities in an overall budget framework. of his priorities as identified in his the gentleman from Texas (Mr. STEN- We welcomed this proposal as the first budget without borrowing from Social HOLM) for his comments. step in the budget process. Security and Medicare. And how many Mr. Speaker, I notice two other col- Unfortunately, this House tomorrow times, Mr. Speaker, in the last several leagues, the gentleman from Texas is being asked to short circuit the weeks and months, how many times, to (Mr. TURNER) and the gentleman from budget process by bringing legislation those who were here last year, have we Texas (Mr. SANDLIN) who have been to the House floor implementing the voted on lockboxes after lockboxes stalwart in the Patients’ Bill of Rights tax cuts before Congress has had an op- after lockboxes in which we have stood fight. The gentleman from Texas (Mr. portunity to consider the entire budg- 400 strong saying we are not going to TURNER) in fact, worked on it as a et. Now, a careful reading of the 1974 touch Social Security and Medicare? State legislator. Budget Act will find that we cannot do Let me issue a little bit of a warning Mr. Speaker, I yield to the gentleman that. It is against the rules of the to my colleagues who are going to vote from Texas (Mr. TURNER), if he would House to bring a major spending bill or for this tax cutting bill tomorrow, be care to make a comment. a major tax cutting bill to the floor of careful when playing with fire because Mr. TURNER. Mr. Speaker, I thank the House before we get a budget. your fingers may be burned. Examine the gentleman from Iowa (Mr. Tomorrow my colleagues will hear the budget. Examine the proposals. Ex- GANSKE). I want to commend the gen- that technically speaking this is not amine the projected surplus. Take a tleman, first of all, on his leadership on breaking the budget rules, because good, hard look at where my colleagues this issue. technically we are still operating in are headed with the strategy that my The gentleman has truly been a cou- the year 2000 budget and, therefore, colleagues are following. rageous Member of this Congress to try technically this is not against the We in the Blue Dogs are going to be to lead this House to adopting the Pa- House rules. attempting tomorrow in the short pe- tients’ Bill of Rights that all of us here We are going to enjoy hearing the ex- riod of time to make our point as have supported. It really represents, I planation as to why technically we can strongly as we can possibly make it. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H723 We should not pass the tax cut bill Mr. Speaker, I yield to the gentleman the competing priorities and then tomorrow. We should first pass a budg- from Texas (Mr. TURNER). make a decision on a tax cut that fits et. Ironically, ironically, the House Mr. TURNER. Mr. Speaker, I thank within that budget that the Congress Committee on the Budget has sched- the gentleman from Texas (Mr. STEN- has agreed upon. uled a hearing tomorrow afternoon HOLM) for yielding to me. It is a pleas- Frankly, right now the President’s during the time we are going to be de- ure to join all of our Blue Dog Demo- tax cut seems a whole lot like trying to bating the tax cut. The purpose of the crats on the floor here tonight to talk fit a size 11 foot into a size 6 shoe be- hearing is to give Members an oppor- about what we think is the critical cause there are a lot of competing in- tunity to testify about their interests issue of the moment here in the House terests that this Congress from various regarding the fiscal year 2002 budget. of Representatives, and that is the fact quarters will have an interest in. For At the very time that Members of that we are faced tomorrow with a vote example, this Congress has unani- this House are being given our first op- on a major tax cut when this House has mously agreed that we should no portunity to offer our input into the yet to follow established procedure longer spend the Social Security and priorities for our national budget on under the Budget Act, and try to come Medicare surpluses for anything other behalf of the people we represent, we to grips with a budget prior to acting than Social Security and Medicare. are being asked to vote on a major por- on tax cuts. That takes some of this estimated fu- tion of the President’s budget. Frankly, no American household and ture surplus off the table. Now, we object to that very strongly, no business in this country would dare Mr. Speaker, most of the Members of and I will conclude my remarks by say- suggest that that is the right way to Congress believe that we need to ing I was here in 1981. I was one of the proceed, because at your house and strengthen national defense. There are Democrats that helped pass the Reagan mine and in your business and mine, some that support a national missile revolution. Knowing what I knew then, the first thing we always know we are defense system. There are some in this knowing what I know now, I would supposed to do is to establish a budget House who share our views that edu- have voted the same way then based on first. And until you have established a cation should be strengthened and to what I knew then, but that is why I budget, you do not know how much you do that may require us to put some ad- will be opposing this action tomorrow can spend on that remodeling of that ditional money into public education. with every ounce of strength at my dis- new sun porch on the back of your There is a vast array of competing pri- posal, because I believe it to be wrong. house. You do not how much you can orities. Mr. Speaker, I believe that we are in spend on that summer vacation. You Most of us do not want to pass on the danger of going down the same path we do not how much you need to set aside national debt that was accumulated went down in the 1980s in which we in- for your children’s education. That is over 30 years of deficit spending to our creased our national debt by $4 trillion what a budget is all about. children so we would like to see the na- because we cut taxes first, but never This House of Representatives, con- tional debt paid down. All of these got around to restraining our spending. trary to the spirit of the Budget Act, competing goals will be considered We believe very strongly that we which requires this Congress to pass a when this Congress gets down to debat- should put in place a budget that re- concurrent budget resolution with the ing and determining what the budget of strains spending; that caps discre- Senate before we act on tax cuts is this Congress will be. Then we will tionary spending; that makes all of the going to bring a major tax cut to this know how big a tax cut we can afford. priority interests that a majority on floor tomorrow, apparently, solely to So we are going to work very hard all generate momentum for the Presi- both sides of the aisle can agree to, day tomorrow to continue to send the dent’s $1.6 trillion tax cut. then we should proceed with a tax cut, message to this House that it is a budg- Why are they doing it? I am not sure. et first that we need to adopt, then let and it is a part and a component there- The truth of the matter is, the Senate of. has already let it be known, as the Ma- us vote on the biggest tax cut that that No matter how my colleagues color jority Leader of the Senate, that the budget will allow. it, we will hear tomorrow, we will hear, We also understand that it is very Senate will adopt a budget prior to act- we heard today, people saying it was dangerous to be basing these big tax ing on tax cuts. the Congress that spent the money. cuts on these 10-year projections of I got a fax today from a fine gen- b 2145 what the surplus may be. The Presi- tleman out in Nevada that says, it is So frankly, we believe as Blue Dog dent suggested in his State of the great. We heard you. You ought to have Democrats committed to fiscally re- Union speech the other night that the a budget first. It makes sense to the sponsible policies that this House, too, American people have been over- American people, but the reason tax should have a budget prior to a tax cut. charged and they are due a refund. cuts must be passed hastily is because The Blue Dog Democrats as a group, Well, that sounds pretty good. The waiting for a budget to pass would give the 33 members, voted unanimously to truth of the matter is none of us have you and your cohorts the opportunity call for this House to act on a budget been overcharged yet because the sur- to spend enough money to reduce or re- first prior to taking votes on any tax plus we are talking about trying to move the tax cut. cut. We have advocated from the begin- give back to the American people has Let me remind this gentleman, this ning that we can afford a tax cut and not arrived yet. It is projected to ar- body is now in the control of the Re- we want the biggest tax cut possible, rive under certain assumptions over publican Party. The Senate is in the but we do not know how big it should the next 10 years. control of the Republican Party, and be until we first have the debate and Those assumptions can be ques- the White House is in control of the have the votes on a budget. tioned. The economic projections may Republican Party. Therefore, anyone Now we all know that the President not turn out to be true. It presumes that fears that spending is going to get says that his tax cut will fit within his about a 3 percent annual growth rate in out of control means that the majority budget. He says we are going to cut the gross domestic product. We heard is going to get out of control, and I do spending so that it grows no more than Alan Greenspan the other day testify not believe that for a moment, but 4 percent a year. Senator DOMENICI said before Congress that at the present seemingly you do. That is the message the other day that he thought that was time the national growth rate is zero. I you are sending to the American peo- a little bit tight, he would suggest per- suppose if the national growth rate ple. haps 6 percent irrespective of what the stays at zero for a few more months, I repeat, we are for significant tax President said is his goal. We all know the Congressional Budget Office will cuts, but as my colleagues will hear to- that at the end of the day, it is what need to go back to the calculator and night, this much ballyhooed $5.6 tril- the Congress votes collectively to sup- recalculate the estimated surplus be- lion surplus is not real. It is not real. port and the President signs that be- cause they based it on some assump- My colleagues will hear some facts comes the fiscal policy and the budget tions that may not turn out to be true. from the gentleman from Mississippi of this country. The bottom line is this: We want a (Mr. TAYLOR), and I hope my colleagues So we believe that the right thing to tax cut as big as we can afford, but we listen carefully. do is to have that debate, talk about also want to save Social Security and H724 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Medicare for the retired baby boomers not know, and we do not know because There is a way to do it. The way to when we know significant strains will we do not have a budget, we do not do it is to spend Social Security sur- occur on both of those systems. We have a spending plan. We have abso- pluses. Social Security is a solemn want to pay down the national debt lutely no way to judge this tax cut. promise we made to senior citizens. In rather than pass that debt on to our We do have the opportunity to look my district in Texas, I have many sen- children. We want to be sure that we at the numbers proposed by CBO and ior citizens. In fact, I have the highest get the benefits of a lower national by the administration. And let us look median age of any district in Texas. debt which will result in lower interest at that for just a moment and see Social Security is the one program rates which in many ways is equally as where we are. The CBO 10-year baseline that the government has enacted that good as a tax cut because it puts surplus is $5.644 trillion. has had the most effect of our senior money in the back pockets of every When you take off the Social Secu- citizens and has pulled more senior American who is trying to get a home rity surplus and the Medicare surplus, citizens out of poverty than any other mortgage, trying to buy a car, trying that is $2.5 trillion and $0.4 trillion. action in the history of the United to borrow money to send their kids to That is an available on-budget surplus States of America. How can we tell college, trying to borrow money to ex- of $2.7 trillion, and I think it is impor- them that we are going to spend that pand their business. tant that we make a distinction be- money that was accumulated from a Lower interest rates will come, ac- tween the available on-line budget sur- lifetime of work, how can we tell them cording to all economists who have plus, $2.7 trillion, versus the 10-year that we are going to spend that money spoken on this issue, if we pay down baseline surplus of $5.644 trillion. with tax cuts now. the national debt. I would say to you if Now, let us look at the true cost of Tomorrow we are going to talk about you owe $100,000 on your home mort- the Bush tax cut. The estimate of rev- across-the-board tax cuts. Let us talk about what that means. Across the gage, if we could reduce interest rates enue lost from the basic tax package board. That seems to indicate that ev- 2 percent which is what some econo- by the administration is $1.6 trillion. erybody shares. It is across the board. mists estimate would happen if we paid The cost of making the provisions ret- Everybody gets the benefit. Is that down the national debt over the next 10 roactive to 2001 is $100 billion. The cost of interference from the AMT tax, $300 what it is? Absolutely not. years, that would mean $2,000 in inter- Most people would be surprised to est savings to you. That is a bigger tax billion; cost of extending expiring tax credits, $100 billion; promised tax cuts hear that across the board does not in- break than any of these tax cuts which clude them. If people at home today are being talked about would give an not in the plan, $100 billion; additional interest payments on the public debt, looked to their left, their right, in average American family. front of them and behind them, called $400 billion. The total cost of keeping We have a lot to discuss and a lot of their friends on the phone, they are not the President’s tax promises, all of the priorities to put on the table, and it is going to find anybody that benefits promises made thus far, the total cost going to be the collective judgment of from across-the-board tax cuts because this Congress when they vote on a is $2.6 trillion. This means that nearly the entire 10- the truth is that 44.3 percent of the budget that determines the balancing cuts go to the richest 1 percent of the of those priorities and until we have year projected surplus will be used up by the administration’s tax cut. Now, people. Everyone does not share in this that budget, we really cannot say with tax cut. Very, very few do. it is important that we notice that any certainty how big a tax cut we can Now, what is the best tax cut we can that is a projected surplus over 10 afford. afford. What is the best thing we can That is our message and we believe years. This is not money that we have do for the American people? We can the American people understand the in hand. We do not have a surplus of pay down the debt in this country. We importance of fiscal responsibility. cash in hand. This is money that is pro- have a balanced budget, but that They understand the importance of jected to increase over a 10-year period. means that our income matches our Where, oh where is the budget. We strengthening national defense, pre- out-go for this year. The best tax cut were promised that we would have a serving Medicare and Social Security, for America is to reduce interest rates. being sure that we pay down the debt budget prior to voting on tax relief. The way to reduce interest rates is to and do not pass it on to our children. Also the rules require it. For some rea- pay down the debt. We want to be sure if today we pass a son the United States House of Rep- The Blue Dogs have a very good plan, tax cut, it does not mean that our chil- resentatives is not going to follow the a simple plan. We say take Social Se- dren are going to end up paying for it rules. I thought we got over the tech- curity completely off budget. Do not tomorrow. nicalities and our friends on the other consider that in our financial sheets, That is fiscal responsibility, that is side of the aisle last year, talking do not spend that money. Take it off what the Blue Dog Democrats, the 33 about legal technicalities, now seem to budget. Take the remaining operating members of our coalition have worked be in support of that. It is totally irre- surplus, take 50 percent of that and im- for since the inception of the Blue Dog sponsible to enact these tax cuts at the mediately put it on the debt of the coalition. I am proud to be here to- present time without a budget because country. Pay down our debt just like night with my colleagues who work for how can we address Medicare and the our farmers and families and busi- fiscal responsibility. problem of Medicare as the baby nesses do. Pay our debt. Take the in- Mr. STENHOLM. I yield to the gen- boomers retire and go on Social Secu- terest that we save by paying our debt, tleman from Texas (Mr. SANDLIN). rity and qualify for Medicare pay- and put that into Medicare and Social Mr. SANDLIN. Mr. Speaker, I want ments? What are we going to do in Security and make sure that we keep to commend the gentleman from Texas America for prescription drugs. How our commitments. Take the other half (Mr. STENHOLM) for the fine work that can we look our seniors in the eye and of the surplus, use 25 percent for tax he has done on this issue and for lead- tell them we passed massive tax cuts cuts, we can do that. We can look at es- ing the Blue Dogs and for his com- and now that you need relief, we have tate tax and the marriage penalty and ments tonight, along with the gen- spent the money? How can we tell the capital gains; we can look at the rates. tleman from Texas (Mr. TURNER). They farmers facing drought, facing ice We want to take 25 percent and give have done such an excellent job, there storms, we cannot help you, we spent the American people a tax cut. They is very little left to speak about. the money? deserve it; we can afford it. Then take The Blue Dogs believe that the Amer- How can we tell our children in edu- 25 percent and apply in priorities such ican people are entitled to a tax cut. cation, how can we tell our children, as agriculture, education, prescription We believe that we can afford a tax cut, we cannot close the digital divide, we drugs, things that we know we must in- and we support tax cuts for the Amer- cannot have smaller classrooms, we vest in in this country. That is the fis- ican people. cannot modernize our schools, we can- cally responsible thing to do. The question is the $1.6 trillion tax not help with education, you know The Blue Dogs are committed to a 50– cut proposed by the administration too why, we spent all of the money because 25–25 plan, and we have seen some much. On the other hand, is it too lit- the administration tax plan uses up the movement in the U.S. Congress toward tle? Could it be just right? We just do entire 10-year projected surpluses? that plan. Let us be responsible. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H725 Please, Mr. President; please, admin- There is no $5 trillion surplus. What House. That is why House Members run istration; please, our friends on the we have in this Nation is a for the Senate. Senators never run for other side of the aisle, send us a budg- $5,735,859,380,573.98 debt. That is as of the House. It is just understood. So et. Let us know what we are working the end of last month. We hear from so they controlled the White House, which with. Do not ask us to cut a revenue many of our colleagues that the debt is is two-thirds, because a veto is worth stream when we do not know what we being paid down; the debt is being paid two-thirds vote in both Houses. They are going to spend our money on. Let down. I think the President even said controlled the Senate, which is where us operate like every family farm in it. But the truth of the matter is that the real power is, and that is why ev- America, like every business. the total debt outstanding, as of Sep- eryone runs for the Senate, not for the b 2200 tember 30 of the year 2000, just 5 House. Yet somehow the Democratic months ago, the last day of the last fis- House gets blamed for these things. Everyone has to know what their cal year, was $5,674,178,209,886.86. That During that time they raised taxes budget is before they determine what means that the debt, just since Sep- on Social Security and they raised their expenses will be and what their tember 30 of last year, has increased by taxes on Medicare for the average revenue stream is. working Joe by 15 percent. Fifteen per- Herbert Hoover, he of fiscal fame, $61,681,170,680.12 cents. That is the reality that the President cent. Big guys got a tax break, because once said, ‘‘Blessed are the young, for did not mention in his State of the income taxes, which is what came out they shall inherit the national debt.’’ Union address. That is the reality that of their paycheck, went down. The lit- We do not need another Herbert Hoo- my friends who talk about projected tle guys, like the folks I represent in ver. We refuse to be Herbert Hoovers on Mississippi, their taxes went up. It is this side of the aisle. We need to pay surpluses choose to ignore. Because the even worse. Because if one of those lit- down the national debt and keep a fis- reality is this Nation is horribly in tle guys happened to be self-employed, cally responsible financial policy in debt, and almost all of this debt has oc- if he was a pulpwood hauler, if he was this country. curred in our lifetime. Our Nation was So our message is clear from the Blue less than $1 trillion in debt when the a shrimper, if he was an oysterman, if Dogs: we support tax cuts. We can sup- vaunted Reagan tax cuts took place. he was his own boss and his own em- port many of the tax cuts proposed by They talked about how it grew the ployee, his taxes on Social Security the administration, but we can only economy and the Nation was so much and Medicare went up by 33 percent. support those tax cuts after we receive better for it. Well, if the Nation was so That was due to the Reagan tax in- a blueprint for spending, a budget for much better for it, why were we twice creases, with a Democratic House and a the United States of America. Let us as deep in debt at the end of the Republican Senate. It is only fair we follow the rules set in the United Reagan administration as when we point this out. States House of Representatives. Let started? It gets worse. One of the guys who is us get a budget. And when we get a Who do we owe this money to? A lot talking about this big surplus and, budget, we will work with the adminis- is owed to banks. A third is owed to therefore, we can have a tax break, is tration, work with our friends on the foreign lending institutions. But let me none other than Alan Greenspan. Alan other side of the aisle, we will get tax tell my colleagues the real kicker, be- Greenspan was the chairman of the relief for America and have a fiscally cause this involves every single person commission that came up with this responsible policy. listening tonight if they have ever plan in 1983, to take money out of peo- ple’s paychecks with the promise it GENERAL LEAVE worked in their life, or if their spouse Mr. STENHOLM. Mr. Speaker, I ask has worked. Our Nation owes the citi- would be set aside, and he knows it was unanimous consent that all Members zens of the United States who have in- not. Now he is telling us we have all may have 5 legislative days within vested their hard-earned money into kinds of money for tax breaks. Mr. which to revise and extend their re- the Social Security Trust Fund $1.7 Greenspan’s statement in 1983 does not marks on the topic of this special trillion. match his statement today. I wish he order. The lockbox that so many of my would come to the House floor and tell The SPEAKER pro tempore (Mr. friends talk about, that they are so me which one is the truth. GRAVES). Is there objection to the re- proud that they voted for, if we were to It gets even worse than that. Back quest of the gentleman from Texas? open that lockbox that allegedly pro- then they recognized that we have a There was no objection. tects our Social Security, all we would changing demographic system in our Mr. STENHOLM. Mr. Speaker, I now find in it is a slip of paper that says, country. We are getting old. I am one yield to the gentleman from Mis- ‘‘We owe you $1.7 trillion.’’ There is not of them. We used to have, when my dad sissippi (Mr. TAYLOR). A lot of talk to- a dime in it. It has all been spent on was a teenager, about 19 working peo- night has already been made about sur- other things to disguise the true na- ple for every one retiree. By the 1950s, pluses, debt and deficits. I hope every- ture of the debt. it had dropped to about 10 working one will pay particular attention to the We hear a lot about the Medicare Americans for every one retiree. To- facts about to be presented by the gen- Trust Fund. And again Congress has night it is about three working Ameri- tleman from Mississippi. voted repeatedly for a lockbox. We cans for every one retiree. In just a few Mr. TAYLOR of Mississippi. Mr. have a lockbox so we are protected. If years it will be two working Americans Speaker, I want to thank the gen- we were to open that box up we would for every retiree. So in the 1980s they tleman for this opportunity, and I want find a piece of paper that says, ‘‘I owe told the American people that they to invite my Republican friends to join you $229.2 billion. That is right now. were going to start taking money out this debate. I think it is important That is today. That is money that was of things like Social Security, like that some of the statements that have taken out of paychecks with a promise Medicare and, yes, the military budget been made this week, this year, about that it would be set aside to pay for to fund future benefits. this large surplus be addressed tonight. benefits when the time came to pay for They told the guys in the military In fact, tonight I have the greatest of them. back then, we are going to start taking medical respect for one of my col- Incidentally, this was done during a percentage of the budget every year leagues, who is a doctor, the gentleman the Reagan Presidency. In the first and we will set it aside and we will from Iowa (Mr. GANSKE). I have actu- year of the Reagan Presidency they cut lock it up, and they said it would be ally changed my vote on the House income taxes, much like we are talking there to pay for their retirement. So if floor a couple of times on medical mat- about doing tomorrow, at three dif- there was a lockbox, which I have ters based on conversations with him. ferent times during the Reagan Presi- never heard the President talk about But the gentleman from Iowa said dency, with a Republican Senate and a for the military trust fund, and if those something tonight that is totally out Democratic House. We keep hearing it retirees could open it up, they would of line. He spoke about a $5 trillion sur- was the Democrats that did this. They find another piece of paper. What we plus. I heard it with my own ears. So if had the White House and they had the are going to tell those guys who de- I heard him wrong, I would invite him Senate. And of course everyone knows fended this Nation in World War II, to please come correct me. the Senate is more powerful than the who defended this Nation in Korea, H726 CONGRESSIONAL RECORD — HOUSE March 7, 2001 who defended this Nation in Vietnam, lion. But it gets even worse than that. concerned with tax breaks than with in Desert Storm, and all the wars since Because if we really take a good look paying our bills. What the shame about then and all the wars that will be? at that $8 billion, we can discover that that is, think of the guys who died on There is an IOU in there for $163.5 bil- one of the tricks the Republican Con- the beaches of Normandy. Think about lion. It is an IOU. gress played was to delay the pay of every generation of Americans, from There is not one penny in that fund. the troops from September 29, which the horrible things that happened to Although all these years, since the they would have gotten it under nor- the men who signed the Declaration of early 1980s, funds have been taken out mal circumstances for many, many Independence, to the kids who died in of the Department of Defense budget years in the past, to October 1. Vietnam, to the kids who died just this that could have gone for new ships, Everybody knows Congressmen make weekend, the National Guardsmen could have gone for new planes, could big money. I am one of them. If my pay down in Georgia. Do you know what have gone for better housing, and could gets delayed by a couple of days, I will the difference between us and all those have gone for better pay. The promise do okay. I will figure it is not that big other generations is? If we continue was made that we would take this a deal. But if I was an E4 with two down this path, we will be the first money and set it aside. It is not there. kids, and my pay was delayed from a generation of Americans ever to leave All there is right now is an IOU. Friday to a Monday, that means a the Nation worse than we found it, be- How about the folks who work for us? weekend of scrounging around in the cause we have done the easy thing I am proud of the opportunity to be a couch looking for pennies and nickles every time rather than the right thing. Congressman. I am incredibly proud to get enough money for baby formula I as a father have taken the steps to that I have had the opportunity to or for diapers, because they are living see to it that my kids do not inherit make things better. We put together hand to mouth. It is estimated that my debts. Do you not think that it is budgets, we make laws, but the day-to- anywhere from 6,000 to 13,000 of them time that our Nation takes the step to day function of the government is ac- are eligible for food stamps. So what see to it that our kids do not inherit tually handled by all those Federal em- does the Republican Congress do to tell this generation’s debts? I think the op- ployees out there that make things those folks we appreciate them? Well, portunity to start is tomorrow. That is work. We collect money out of their they became the only people in the why I laud what the Blue Dogs are paychecks with the promise that it will Federal Government whose pay was de- doing. That is why I laud what those be there for their retirement pay. Same layed. Not Federal employees, not Con- conservative Republicans who really do story. Happened in the 1980s. Because gress, just the military. care about debt reduction are going to we recognized we have changing demo- Why did they do it? Because that pay do tomorrow. graphics, so we had better collect the period moved from the last fiscal year Mr. TURNER. Mr. Speaker, I want to money now, while we have a fairly to this fiscal year. We did not save a say that the gentleman from Mis- large workforce and a fairly small dime, but that $2.5 billion pay period sissippi has made a very excellent pres- number of retirees, and set it aside for went from September to October, and entation and probably revealed the the year 2035 when we are down to al- it made that $8 trillion surplus look a best kept secret in Washington, and most one to one workers-to-retirees. little bigger. Because when we pull that is that there are no trust funds. So since the early 1980s, they have that $2.5 billion out, it is only a $5.5 Most folks think that in business, pulled $501.7 billion out of Federal em- billion surplus. where if you have a pension fund, there ployees’ paychecks, all these nice peo- Now, if I found that one trick, what is some money sitting over there earn- ple here tonight, all those Capitol po- if I really had the time to study the ing some interest and invested in some licemen guarding us, all those folks budget and find all the other tricks? I good investments, earning interest and working for NASA and the agencies think I could tell the American people earnings for the folks that are going to that are out there trying to make our that there was not a surplus. But let us be drawing on that pension fund some- lives better. They have pulled that out say there was an $8 billion surplus. day. But in Washington there is no So- of their paychecks with the promise What does that mean compared to this cial Security Trust Fund, there no gov- they were going to set it aside and it cumulative debt? Eight billion dollars, ernment retirees’ trust fund, there is would be there for their retirement. compared to this, is like a fellow who, no military retirees’ trust fund, there But if we were to open that bank ac- after 30 years, finally breaks even at is no Medicare Trust Fund. It is a pay- count tonight, we would find an IOU the end of one year. He has $1,000 left as-you-go system. for $501.7 billion. How can the Presi- over, and he says, My, God, let us go Mr. TAYLOR of Mississippi. Despite dent, how can the majority leader, the have a good time, totally ignoring the the promises made by Ronald Reagan Speaker of the House say there is a fact that he is $686,000 in cumulative and Alan Greenspan in the 1980s when surplus? How, with a straight face, do debt. That is what the ratio is. they raised individual taxes by 15 per- they look the American people in the So I have a real simple question for cent on working Americans to pay for eye and say there is a surplus when the President, a real simple question these things. The gentleman is exactly this is our true debt? for Mr. Greenspan, who again was in- right. If I may, and I know everyone A lot was made of the surplus last volved in raising Social Security taxes else wants to speak so I am going to be year. Everyone said about a $239 billion and Medicare taxes, and who now says real quick. It is even worse than that, surplus. But if we take the time to we have all this money left over de- because in their attempts to disguise look where it was, it was in things like spite this huge deficit. If they believe the true nature of the public debt, money collected from Social Security, what they say, about we can do it after within 8 days of the Bush administra- money collected from Medicare, money the trust funds, why do they not en- tion taking over the running of this collected from the military retirees, dorse the amendment I offered in the country, a report that had been coming from our Federal employees, from the Committee on Rules today, which says out monthly for decades called the highway system, and the airline sys- we can only have these tax breaks in Monthly Statement of the Public Debt tem. All the times when we told people years when we fulfill the financial obli- of the U.S. right here that shows that we were going to take this money out gations to Social Security, to Medi- our Nation was over $5.7 trillion in of their airline ticket, out of their fuel care, to our military retirees, and to debt. Within 8 days of the President taxes and their paychecks and we were our civilian employees? taking over, they changed the name. It going to set it aside, and they trusted is no longer the Statement of Public us to spend it on those things that we b 2215 Debt, it is the Statement of Treasury told them we would, that is only sur- If you really think the money is out Securities. plus. there and you are sincere about those Most of us are from the South. Most When we take those monies aside things, I will give you the chance to of us know what coffee houses and that are collected for a specific purpose call a press conference tomorrow morn- truck stops are like. We all could imag- and promised for a specific purpose, it ing and say, ‘‘Yep, there’s enough ine going into one in Texas or one in was an $8 billion surplus left over. money to do it.’’ I do not think you Mississippi or Alabama or Arkansas Eight billion. Not $230 billion, $8 bil- will. Because I think they are more and going up to one of those guys and March 7, 2001 CONGRESSIONAL RECORD — HOUSE H727 saying, ‘‘How would you like some pub- find out that it does not even exist. Yet ing about the same situation in each of lic debt?’’ I think everybody would say, we are going to vote tomorrow without those 16 States, where there were pro- ‘‘No, thanks, I don’t want any.’’ But if even having a plan as to how we are jected revenues, there were shortfalls you asked most of the guys we know if going to accomplish these things. and they were having problems funding they would like some Treasury securi- As the gentleman from Mississippi vital services in each of those States. ties, there is a pretty doggone good just so adequately pointed out, the sur- What we are talking about here is a chance that they would say, ‘‘Yeah, I’d plus is projected just like we project Congressional Budget Office projected like some. That sounds like a good the weather. The debt is real. It really surplus of $5.6 trillion over 10 years. deal.’’ It is all part of the scam. I re- exists. We can count it to the penny. I And President Bush is now saying we sent it as an American. I hope every am proud to be a Blue Dog. There are have enough to fund a $1.6 trillion tax American resents this. I hope they re- only 33 of us. But we stand strong and cut. Yesterday afternoon I got a call sent the fact that the Social Security we stand tough against making bad fis- from the Director of the Office of Man- Trust Fund has been plundered, that cal decisions and irresponsible fiscal agement and Budget, Mitch Daniels. the Medicare Trust Fund has been decisions. I think we all want to have Mr. Daniels said to me, ‘‘Congressman, plundered, that the military retire- as large a tax cut as we possibly can af- can you be with us on this tax cut?’’ I ment trust system has been plundered ford. But none of us want to buy lot- suspect prior to the time he called me and that the Federal employees’ retire- tery tickets with our children’s future. he knew that I had voted last year for ment system has been plundered. And I In the last paragraph of the Declara- estate tax relief and for marriage pen- do not think we ought to be doing any- tion of Independence, the last thing alty tax relief. thing until we pay those systems back. that is there before the men signed it, I said, ‘‘I want to be direct with Mr. STENHOLM. I thank the gen- and they all knew they were putting you.’’ tleman from Mississippi for those re- their lives on the line when they signed He said, ‘‘Please do.’’ marks. I will guarantee that that will it, they said that they pledged their I said, ‘‘I have a couple of concerns not be the last time that this House lives, their fortunes, and their sacred about this tax cut and projected sur- will hear it this week, next week and honor to the future of this country and pluses.’’ I said, ‘‘Number one, there is the week after that. And I hope that to that declaration. I would challenge not a budget. And I think we should the leadership of this Congress will pay the Members of this Congress today to have a budget before we implement or attention to the gentleman from Mis- stand strong as those men did and do enact a new tax cut.’’ This is last Sun- sissippi, because he has in fact taken the right thing for the children of this day. I said, ‘‘Number two, I’m going to the real heart of the argument that we country and the future of this country. Washington on Monday so I can vote Blue Dogs are making tonight and that Mr. STENHOLM. Mr. Speaker, I yield on this tax cut bill.’’ And I said that I we will take to the floor tomorrow. to the gentleman from Kansas (Mr. was watching the weather last night Mr. Speaker, I yield to the gentleman MOORE), the cochair of the Blue Dog and they were projecting in Wash- from Arkansas. Budget Task Force. ington, D.C., a 12-inch snow. I was very Mr. BERRY. I thank the gentleman Mr. MOORE. Mr. Speaker, about 3 concerned with that projection that I from Texas for yielding. I want to weeks ago I was invited along with 19 might not make it back to Washington thank him and the gentleman from other Members of the House and five for the tax vote. As it turned out, the Mississippi and all the other Blue Dogs United States Senators to the White projection, only 24 hours in advance, for their leadership in this matter. House to meet with President Bush and was very wrong and there was no snow I think it is quite obvious, Mr. Vice President CHENEY. This was a to speak of. And now we are talking Speaker, that the Blue Dogs are in chance for President Bush to talk to us about projections on economic condi- favor of cutting taxes but we are not in about his proposed $1.6 trillion tax cut tions 5 and 10 years out. And if a pro- favor of buying lottery tickets with and try to hear from us about our jection for a weather forecast can be our children’s future. We think we views on this tax cut and to find out that wrong, 12 inches wrong in only 24 should have a budget first. If you took where the Congress might stand. When hours, think what can happen to eco- the financial condition of this country, it was my turn to speak to President nomic and financial projections 5 and as the gentleman from Mississippi just Bush, I said to him, ‘‘Mr. President, I 10 years out. so adequately pointed out, and a finan- know that you know Governor Bill The people in Kansas and the people cial plan that we have today, that this Graves of Kansas. I’m from Kansas.’’ around this country I think live by country has to a banker, any banker in He said, ‘‘Yes, he’s a friend of mine.’’ three very simple rules, they are not the United States or anyplace else I said that I read an interview with written down, they are just common where there is a responsible banker, Governor Graves in the Associated sense and people know innately and un- they would just throw you out of their Press about a week before I came to derstand these rules. Number one, office. They would either declare you the White House and that Governor don’t spend more money than you crazy or tell you to get out because Graves I thought was very candid in make. Number two, pay off your debt; they have got better things to do. talking to the reporter and he was and, number three, invest in basic Throughout the campaign, in the talking about tax cuts and revenue needs in the future. The basic needs for State of the Union, for the last year, shortfalls and education funding in the a family are food and shelter and this House has been putting the Social State of Kansas. The governor said dur- health care and education and trans- Security and Medicare Trust Funds in ing this interview, when he was talking portation. The basic needs for a Nation a lockbox. Ever since I have been here, about tax cuts that had happened in are national defense and Social Secu- we have been talking about that. We Kansas about the last 3 or 4 years, ‘‘If rity and Medicare, and a highway sys- have been talking about paying off the I had known then what I know now, I tem, things of that nature that we all debt. We have promised the American would have done some things dif- would agree on. And people out in the people that we are going to protect our ferently.’’ He is not here right now but country wonder why Congress cannot children, we are going to protect Social if he were here, I think he would say learn to live by the same budgeting and Security, we are going to protect Medi- that I am accurately representing what financial rules that American families care, we are going to provide a pre- he said. Basically what he was saying do. We have the opportunity for the scription drug benefit for our seniors, was, ‘‘We cut taxes too much and now first time in a whole generation, after we are going to provide a good edu- we’re having great difficulty in Kansas 30 years of deficit spending, to do the cation for our children, we are going to in trying to come up with the money to right financial and fiscal thing, the provide for a good national defense, we fund education.’’ right thing fiscally for our country, are going to have a solid agriculture In fact that very morning on the and, that is to live within our means that has a good safety net. And we are front page of the New York Times, and and to start to pay down our national going to have these lockboxes. Over I showed a copy to President Bush, debt. and over we talk about the lockboxes there was an article that mentioned They have already told you, some of and over and over we vote to put this Kansas by name and 15 other States the other speakers here this evening, money in the lockboxes. And now we and the governors were meeting talk- about the benefits. But one that they H728 CONGRESSIONAL RECORD — HOUSE March 7, 2001 did not mention is this. In 1999, the have will increase unnecessarily by we have an adequate educational sys- third largest category of expenditure $8,000. tem? Will we pay down the national by our United States Government after Where I come from, as the gentleman debt? These questions we do not have defense and Social Security was inter- from Kansas (Mr. MOORE) said awhile an answer for. Now, why is that? Why est on the national debt, $230 billion. If ago, one of the things we think about is that that we can say with absolute we start to do the right thing, we can in Tennessee is do not spend more certainty right now we can have a mas- pay down that figure and we can reduce money than you make but pay your sive tax cut but we cannot say whether that figure and live within our means. debts. If you have some extra money Social Security will continue? We can- I think we should do that, Mr. Speaker, coming in and you owe somebody, you not say whether Medicare will be sol- for our children. We have placed a $5.7 do not go buy a new car and leave that vent? What does this say about our pri- trillion mortgage on their future. We somebody that you owe still waiting orities as a nation? It says we do not owe it to them. for their money. You go and pay them put Social Security first. We do not put Mr. STENHOLM. Mr. Speaker, I yield because that is the thing to do. Medicare first. We do not put the needs to the gentleman from Tennessee. If we do not keep our eye on the ball of our children first. Mr. TANNER. Mr. Speaker, I want to and continue to pay down this debt, Now, why is this? Why are we going thank the gentleman from Texas and then I will be ashamed to say, but I forward with no budget? Why are we the other Members who have been here will have to admit, that I was one of going forward with a bill that could tonight to talk about this. We have the first generations of Americans who have a major impact in this country heard a lot of talk about the fact that left this country worse than when we for 25 years with no budget? Why is it we think we need a budget first and we found it. so important that we act on this right say that because, as one of the speak- We do not know what it is going to now? Well, the argument that is made ers said, that is the only way you have do to national defense. There are some is that we need to spur the economy a business plan for the country, it is defense needs in this country that all right now. Well, let us set aside the the only way you have a budget for a of us know about, not the least of fact that even Alan Greenspan says family, is to put this in some sem- which is our obligation to the military that the use of fiscal policy in the form blance of order. But the real question retirees, our obligation to the men and of tax cuts does little to affect the im- is why do we say we need a budget, a women who are giving us their produc- mediate condition of the economy. Let universe within which to work on these tive years that are in the uniform serv- us say that we agreed with that philos- competing interests, whether it be pay- ice of this country. They need more ophy. Why does that mean that we ing down debt, tax cuts, increased pay allowances. We need to modernize take action on a bill right now that spending for the military. The reason their equipment. will affect us in 5 to 10 years? If we are that we do is because we want to do the Agriculture, a nation that cannot concerned about spurring the economy right thing for the children of this feed and clothe themselves internally now, let us do something to spur the country in terms of fiscal discipline. is at risk to whatever extent that food economy now. Let us not make a deci- As the gentleman from Mississippi supply is interrupted. Agriculture is sion about expenditures 5 to 10 years said, if we do not get a handle on this truly a national security concern. So from now that will have no effect on now, we will be the first generations of when people say well, all you guys are today’s economy. Americans to actually leave this coun- doing down here is whining about the No, we are taking action right now try worse than when we found it. fact that you are not in the process, on a bill that will have an effect on the So why do we say we need a budget that this process has left you behind next generation. We are doing it with- first? First of all, we want to protect and you are whining about it. Well, let out a budget in place. We are doing it the trust funds that the gentleman me just say this: The process that we on the basis of projections we know are from Mississippi talked about. Those put in place with the Budget Act and incredibly speculative. We are doing it are solemn promises and all we have to the process by which we govern our- at a time where the interest on the give to back them up right now are selves is the only thing that separates debt we pay every day is a billion dol- IOUs. The second thing we think we this country from a dictatorship or lars; a billion dollars a day we pay in ought to do and we must do is pay from communism or anything else. You interest on the national debt. down the national debt. Why is paying do not have to worry about process if No, we are going to ignore the prom- down the national debt important? you live in a dictatorship. You do not ises both parties made during the last There are 280 million people in this have to worry about process if you live campaign of paying off the debt by 2012 country. We have a total debt, accord- under communism. There is none. or 2013. That is out the window. We are ing to the government, of $5.7 trillion, Process is important, and that is why going to ignore the promises made by thereabouts. we are here to try to get some process both parties during the campaign of in place so that we can intelligently providing prescription drug benefits to b 2230 make some decisions, if that is pos- seniors. We are going to ignore our Of that, $3.4 trillion is publicly held sible, make some decisions that are promises to set aside Social Security debt. That means that each one of us going to leave this country better, not and Medicare. No, we are going to pass owe $12,140 apiece, per person. That worse, than when we leave here. this bill right now and then we are means for a family of four that is going Mr. STENHOLM. Mr. Speaker, for going to worry later to see if we can af- to get this $1,600 in 5 years that they our cleanup hitter for tonight, one of ford it. have talked so much about, that means our newer Blue Dogs from California, Now I am just a freshman in this in- their share of the public debt is $48,600. fastly becoming one of the leaders for a stitution, but even a freshman can see Now, Mr. Speaker, that just includes fiscally conservative budget, the gen- this is no way to budget for a nation or the publicly held debt of $3.4 trillion. If tleman from California (Mr. SCHIFF). a family. In families across America, one adds the other debt, the Social Se- Mr. SCHIFF. Mr. Speaker, this year people have very basic principles: Pay curity debt and the things the gen- we will have a large tax cut. We will your bills; live within your means; pro- tleman from Mississippi (Mr. TAYLOR) have a large tax cut that provides tax vide for your family’s future; provide talked about, we have a $20,300 per per- relief to every taxpayer, that addresses for your country’s future. This process son debt on our head when we are born estate and marriage penalties as well. does not meet that very basic standard. as American citizens. For a family of That we know for a certainty. The Let us have a budget first. Let us four, that is $82,000. question, of course, of how large and have a budget that we can be proud of, The proposal that has been put to us who will be the primary beneficiaries is not only today, tomorrow and this from the White House proposes $590 bil- as yet undetermined, but we know that year. Let us have a budget that we can lion less in debt reduction from now we will have the largest tax cut that be proud of 10 or 20 years from now, be- until 2005 during this President’s term we can afford. cause what we are doing this week, than present law provides. Do we know Will we have a solvent Social Secu- make no mistake, will affect this coun- what that means to a family of four? It rity system? Will we have Medicare try for the next quarter of a century. I means their share of this debt that we with a prescription drug benefit? Will do not want to look back on my period March 7, 2001 CONGRESSIONAL RECORD — HOUSE H729 in Congress and say that one of the wrong, then the worse thing that can happen Let us talk, first of all, about the first acts that we did when I entered is that we would have not reduced the debt by spy. I was very, very discouraged to the Congress was something that set the amount expected. In contrast, under the read probably at the end of last week this country back on the path of deficit President’s and Republican Leadership’s plan, that in the negotiations, if these nego- spending, increased national debt, that if the Congressional Budget Office is wrong, tiations take place, for a plea bargain we did the fiscally irresponsible thing. then we will very quickly have to use the So- with this spy, who sold out his country Let us have a budget first. cial Security and Medicare surplus to pay for and who sold out his country not with Mr. BOYD. Mr. Speaker, today we are going the tax cuts we enact today. one transaction but has been selling to set the course for the nation for the next My colleagues, we are gambling with our fu- out his country for many, many years, decade. The President is betting the farm on ture and our children’s future today. What the with secrets of substantial damage to a two trillion tax cut based on ten year eco- Republican leadership is forcing upon us is this country, that one of the items that nomic projections. I would like to talk to my wrong. No family or small business owner that is mentioned as kind of a dangle, some colleagues a little bit about these projections. I know would spend a huge chunk of his kind of incentive in front of this spy, is As we all know, these projections are pre- money without knowing what their budget to go ahead and let this spy, the ac- pared twice a year by the Congressional would be first. I urge you to reject this risky cused spy, to go ahead and let him keep Budget Office, once in January and once in plan and work with the Blue Dogs to develop his pension. July. In six short months the Congressional a budget first, which honestly addresses all of He is not yet entitled to his pension. Budget Office changed its ten year estimate of our common priorities and will provide the He was 5 weeks off from receiving his the surplus by one trillion dollars. largest tax cut we can afford. By developing a pension, this Hanssen guy. His pension While this is very good news for those who budget that balances substantial tax cuts with is going to be about $60,000 a year. want the largest possible tax cuts or new realistic spending levels and a serious commit- Now, to me, allowing this alleged spending programs based on the surplus, it ment to paying down the national debt, we will spy, and I keep using the word alleged troubles me greatly that we are prepared to be ensuring a strong economic future for our but I think the evidence is very clear risk the balanced budgets we have enjoyed country and our children. the situation we have, but we do have over the last four years on estimates which f a society that one is innocent until can change so drastically in a six month time THERE SHOULD BE NO DEAL FOR proven guilty, but the fact is that we frame. My concern is that what the Congres- THE ALLEGED SPY HANSSEN have American soldiers, in fact the sional Budget Office gives today, it can take gentleman from Mississippi (Mr. TAY- The SPEAKER pro tempore (Mr. away tomorrow. LOR) spoke earlier about some of the GRAVES). Under the Speaker’s an- If you look closer at the projections, it be- people who have given their lives in nounced policy of January 3, 2001, the comes even more problematic. Almost 70% of service to this country, and those peo- gentleman from Colorado (Mr. the 5.6 trillion dollar surplus does not mate- ple’s total life insurance policy does MCINNIS) is recognized for half the time rialize until after 2006. What will the economy remaining before midnight. not equal in many cases one year of look like in 2006? What problems will face our Mr. MCINNIS. Mr. Speaker, I am this alleged traitor’s pension of $60,000 nation in 2006 that need to be addressed? looking forward to addressing some of a year. It is fundamentally unfair, it is Will the 505 billion dollar surplus that is esti- the comments made here in the pre- unsound, for either the FBI or the Jus- mated for 2006 really be there? Saying this is vious moments. There are 10 or so of tice Department to consider as one of a certainty is like predicting what the weather my colleagues so I have plenty of stuff the terms of their plea negotiations to will be like five years from now. Allocating the that I would like to visit with in re- offer this alleged spy his pension that vast majority of the non Social Security sur- gards to that. First of all, though, he was 5 weeks away from collecting. plus for a tax cut in this situation is like betting there are a couple of other issues I Do not forget that while he was accu- the family farm on a roll of the dice. want to address this evening. One of mulating this pension, it was at the Even the Congressional Budget Office the issues regards the suspected spy very time he was selling our country warns about using its estimates, the same re- Hanssen who was arrested not very out to our enemies. He was selling port that projects a 5.6 trillion dollar budget long ago. Of course, all of us in these them out to Russia. He sold us out. So surplus also states, ‘‘The longer-term outlook Chambers know exactly what that he is being paid on the one hand and he is also unusually hard to discern at present. story is all about. is selling us out on the other hand, and Many commentators believe that major struc- I also wanted to talk next, move now as if we have not been bruised tural changes have created a ‘‘new economy,’’ from there, into the tax cut, the tax enough we have some people out there and that belief influences the economic projec- program. I intend fully to address some apparently discussing, well, let us go tions described in Chapter 2. However, CBO’s of the comments that have been made. ahead and let him have his pension. projections, like those of other forecasters, are I certainly plan to take exception with Granted, some people have said we based on very limited information about just a some of the doctrine of fear comments have sympathy for his family. His fam- few years’ increased growth of productivity made by the gentleman from California ily was not involved in the spying. I and strong investment in information tech- and so on, but if we have time I then agree with that. The family of this al- nology. Projections of those recent changes want to move from that into the death leged spy must be going through some as far as five or 10 years into the future are tax and address what some of the very horrible times. It is clear that the highly uncertain.’’ multibillionaires in their ad in the New evidence supports the fact that the This is why I believe it is important that we York Times said. I should point out family had no knowledge of what was treat the projected surplus as a projection, not that these people who signed that ad, going on with their father and this hus- reality. A possibility, not a guarantee. Because who support a death tax, who believe band. That fact, that sympathy aside, of the uncertainty surrounding the projected that death is a taxable event in this so- one does not reward, and I am sorry surplus, I have promoted a responsible plan ciety, those multibillionaires who about the circumstances to the family developed by the Blue Dog Coalition. Under signed that ad have already formed but that is the consequences of mis- our budget proposal, 50% of the projected their foundations. They have already behavior, one does not reward one of non-Social Security surplus is set aside for done their estate planning so that they the worst spies in the history of this debt reduction, 25% is set aside for tax cuts, do not feel the pain that all the rest of Nation by going ahead and saying we and 25% is set aside for priority spending like us are going to feel if we happen to fall are going to go ahead and give you education reform, strengthening our national in that bracket and we are not that $60,000 a year for the rest of your life defense, and a medicare prescription drug wealthy to provide for that kind of es- based on your service to the United plan. tate planning. States Government. This plan puts the emphasis where it should In my opinion, those people in that So if any of my colleagues here have be—on paying down our nation’s 5.7 trillion ad, not many Members on the floor, an opportunity to have a discussion dollar national debt. It also has the added ad- not my colleagues but those people in with either the Department of Justice vantage of a cushion if the surpluses do not that ad represent the height of hypoc- personnel or FBI personnel, I hope you materialize. 50% of the projected surplus is risy, and I hope that some have an op- bring this up about this pension. not allocated to new spending programs or tax portunity to read my comments that I Now let me move into some of the cuts, if the Congressional Budget Office is hope to get to this evening. comments that were made. First of all, H730 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I take strong exception with the gen- further and future government spend- that we have to get that money to the tleman from California who introduces ing. It is our poor history, and I say reduction of the debt and not to the what I call a doctrine of fear. Let me ‘‘poor’’ as to many, many decades of spending. say that, first of all, the comments poor management. It is the poor his- I heard a lot of criticism about lock that were being made by the Blue tory of financial management that dol- boxes. That is our effort. When we Dogs, as they call themselves, many of lars here are not utilized to reduce the leave money around for Social Secu- those comments I thought were fun- debt if they are left laying around; rity, when we leave money around for damentally sound and there are a lot of they are utilized to increase govern- Medicare, that is our effort, of some- areas that I agreed with. I have a great ment spending. how trying to control future Con- deal of respect for the Members who Now, let me say to my colleagues gresses by saying, it is locked away have previously spoken, but I do not that that is not necessarily a weak from spending. The theory of what the think the approach to take is the ap- Congressman, and I say this generi- Blue Dogs have said this evening will proach of fear. cally, a weak Congressperson. It is not work if they can just figure out how to Let me give you a few quotes: This necessarily a weak Congressperson or a keep it from being spent on additional Congress does not put the need of chil- Congressperson who has evil in their government spending, and that is the dren first. Give me a break. Show me eyes to go out and spend this money difficulty. one Congressman, one Democrat Con- because it is sitting around. We are If I might say to the gentleman, let gressman, show me one Republican under intense pressure. Every one of me explain the situation that we are Congressman, that in their heart and my colleagues, every one of us on this in. I would be happy to yield to the their mind they intentionally do not floor is under intense pressure; and for gentleman under normal cir- put the children first. the freshmen that have just come cumstances; but unfortunately, be- In my career here in the United aboard, you wait until the pressure you cause I was granted my time after 10 States Congress, even with the Con- are going to see. o’clock, at 10:30, as the gentleman gressmen on the other side of the aisle Just today in my office, and, by the knows, I do not have a full hour, they that I have disagreed with the strong- way, it is not very often we have people split the hour, so my time is limited to est, I have never found a Congressman that come to our office with bad 45 minutes, so as I get towards the end who I felt did not care about children, projects; it is not very often that a de- of my comments, I would be happy to who did not want to put children first. cision is going to be real easy to say, yield to the gentleman, because I think To stand up here in front of Members that is a rotten project, why would we it is appropriate. But I do have a great and say we do not want to put children ever consider funding that. Most of the deal of information to cover. Mr. STENHOLM. Mr. Speaker, if the first, come on. That does not get us projects that come into our offices, in- gentleman would yield, we have the where we need to go. cluding the projects that come into my second 41 minutes and we will be glad Let me move on. Massive tax cut. office on a typical day like today, are to yield to the gentleman back on our Compare the so-called massive tax cut good projects. They are easy projects. time for any time that he needs. with tax cuts of the past, including We get a lot of pressure out of our dis- tricts to spend money on those Mr. MCINNIS. Mr. Speaker, what is with President Kennedy. the gentleman requesting for yield projects. Generally they are good Let me move on from there. Ignore time right now? projects and as the freshmen will find promises to seniors. To me, I take as Mr. STENHOLM. I thank the gen- strong an exception with that com- out, generally are decisions that are tleman for yielding. ment as I do ignore the children or do not going to be ones between good and Mr. MCINNIS. No, no, no, excuse me. not put the children first. It is a real bad programs, they are going to be de- I did not yield yet. I wanted to know good way to get people shaken up. It is cisions between good and good pro- what the request for yielding was. Do a good way to introduce the doctrine of grams. you want a minute or 3 minutes? What fear. It is a good way to put a lot of Today alone from my own district I are you asking for? scratch on the radar by saying we are had a group that came in and said, we Mr. STENHOLM. Mr. Speaker, I was ignoring seniors or we are not putting need $500,000 for the study of a flood- asking to make a comment regarding a children first. plain. Good expenditure. We had a flood statement that the gentleman just in- I think those are unfortunate com- last year. The space program, people ferred that the Blue Dogs were talking ments that are being made. who are in on the space program, I do about lock boxes, and I wanted to clar- Obviously, and properly so, the peo- not know how many billions they ify the spending. ple who spoke ahead of me had that wanted, but they certainly wanted Mr. MCINNIS. Mr. Speaker, I yield to hour unrebutted so they got to speak hundreds of billions of additional dol- the gentleman. for a whole hour unrebutted. So the lars, and they say, because you have a Mr. STENHOLM. I thank the gen- reason I am going through this is try- lot of good people in your district, Con- tleman for that. We support the lock ing to rebut some of those things, and gressman, that are dependent on the box concept. Our concern is that in the I intend to make a case and present my space industry, and we understand that President’s budget, he is going to be case on its own. the President wants to hold this spend- using some $500 billion of the Medicare Let me say that the fallacy of the ing down to 4 percent, but we need to lock box, Medicare tax set-asides for comments that I heard that were pre- go into space. Well, I do not necessarily purposes of which we request, and we viously given, again, I would agree disagree with that. I think space, when believe we agree with the gentleman on with the principle of these statements properly managed, that program over that. I just want to make sure that the if one condition was met, just one con- at NASA is an expenditure that is gentleman did not intentionally dition was met, and where the fallacy worthwhile, but that is hundreds of misspeak. We are not down-playing of these good colleagues of mine comes millions of dollars. By the time this lock boxes; we are saying we ought to into place is that they are assuming day was out, I sat down with my staff set aside Medicare, Social Security, that the money not utilized for a tax previous to these comments. I think we and the gentleman from Mississippi’s refund to the workers of this country, calculated the request today was just comments regarding military retire- who pay taxes, they are assuming that under $1 billion. That is about 10 hours ment and civil service retirement, we that money automatically will go to of meetings. Well, I did not spend 10 ought not to be spending that for any reduction of the debt. hours with constituents, maybe 5 hours purpose, including giving it back to with constituent meetings today, and I people who have paid their taxes. It b 2245 got just under $1 billion of requests. ought to go to the lock box. Therein is the entire danger. There is That is not just one day of the week we Mr. MCINNIS. Mr. Speaker, with all no assurance at all. In fact, if we look see them. We see constituents all week due respect to the gentleman, I appre- at the history of the United States long. ciate him clarifying that, but just so Congress, when we leave a dollar on the The key is here, my agreement is the gentleman has an understanding table here in this room, within mo- with the Blue Dogs that we should try where I am coming from, if the gen- ments that dollar is going to go into and reduce that debt; but the fact is tleman would care to look at the March 7, 2001 CONGRESSIONAL RECORD — HOUSE H731 record, he will see numerous references ber, and I do not see anything. I see previously spoken criticize projections and criticisms of the lock box theory. that George W. Bush takes this budget into the future. I want all of us to My purpose here is not an attack on very, very seriously; and I think the know, and I also heard someone say, the Blue Dogs, because after the gen- gentleman agrees with me. you do not spend money you do not tleman’s comments, apparently we My only point here is this budget and have. I happen to agree with that, al- agree on the lock box issue. But that is these tax cuts and our debate tomor- though most citizens in America do our mechanism, to try and put in some row, especially as I address the Blue spend money they do not have. They kind of control in the future so that Dogs, who I think, in my opinion, on buy a home. I would guess that most of when we reserve money for reduction the gentleman’s side of the aisle I my colleagues who are here on the of the debt, it actually goes to reduc- think carry the most substance, at floor this evening probably are in debt tion of the debt and not spending. Also, least with my point of view. I think it and actually owe more money than I should say about the Blue Dogs, is very important for us to work in a they are making right now. It is be- frankly, that during my years in Con- constructive fashion, that we not let cause they can manage that debt. It is gress here, it is the Blue Dogs on the emotion take it too far and we make a manageable debt, and that is one of Democratic side of the aisle who have the kind of statements such as the fear the things that I think we ought to been the most restrained on excessive tactics that I addressed earlier about take a look at. What kind of discipline spending and who have led that side of some of these comments that were exists? I would venture to say that my the aisle. So this is not intended to be made by some of the other people. colleagues here personally probably a criticism, but is intended to say to Now, if the gentleman would like to have more discipline because they are my colleagues that the lock box is the speak for a minute, I would be happy to not under the kind of political pressure best tool we have been able to come up yield, in fairness. to spend their personal income that we with at this point in time. Mr. TAYLOR of Mississippi. Mr. face here to spend the taxpayers’ in- Now, perhaps the gentleman from Speaker, a couple of points. Number come. Mississippi, who I will yield to here in one, I was deeply disappointed when In the State of Colorado when we had a minute, because I am going to refer Mr. Greenspan was repeatedly quoted this surplus and, by the way, when one to some of his comments, and perhaps by Republicans as being the person who buys their home, let me step back just he would like to reserve his request for they say, well, now he is for tax for a moment, when you buy your a yield of time until I am finished. breaks. I am glad to hear this Repub- home, you base the purchase of your Mr. TAYLOR of Mississippi. Mr. lican say he did not think he said that. home on your own future projections. Speaker, if I may. It is a fact that Mr. Greenspan was in Nobody has figured out accurate pro- Mr. MCINNIS. Mr. Speaker, the gen- charge of that commission that led to jections, very accurate, in my opinion. tleman may not. I am not going to the 15 percent increase in Medicare and If they did, they would be very, very yield. Let me finish about the com- Social Security taxes, with the promise wealthy people. But when you go out as ments that the gentleman made, and that money would be set aside. So Mr. an individual and you buy a home, then I will be happy to yield for a lim- Greenspan, more than anyone else, your wife and you, you sit down and ited period of time because of my lim- should know that it has not. you say, okay, here is what we project ited time this evening. Again, you have The third thing is when the gen- our income is going to be over the next 10 over there, I have one here. tleman said, let us go have a good 30 years, here is what we think we can Let me say that in regard to the gen- time. I was using the analogy of a per- afford in a mortgage, and probably the tleman’s comments from Mississippi, son who, for the first time in 30 years, first payment you make every month he spoke very eloquently, but he said has money left over at the end of the outside of groceries for your family is that during his lifetime, a great deal of year and it amounts to $1,000; but he to pay on that mortgage. Now, that is that debt was accumulated during his ignores the fact that he is $686,000 in not to say that you should ignore your lifetime. I might add that a great deal debt. That is where our Nation is with mortgage. There are consequences if of that debt was accumulated during an $8 billion surplus at the end of 1 you do ignore your mortgage; and his congressional tenure as well. I am year for the first time in 30 years. The frankly, the gentleman from Mis- not sure that the gentleman from Mis- analogy is our Nation does not have sissippi, I think, stated pretty well sissippi intended this, but he said that $1.6 trillion to give away in tax breaks. some of the consequences of ignoring Greenspan said there is all kinds of Mr. MCINNIS. Mr. Speaker, reclaim- the mortgage. money for a tax cut. I have heard Mr. ing my time, the gentleman has gone The problem is in this particular Greenspan speak on a number of occa- on a little bit beyond the rebuttal that body, in the other body, in this polit- sions. I think the gentleman’s quote of was appropriate, but let me make it ical process, because of the demands of Mr. Greenspan is inaccurate. I have not clear. I am not saying that Mr. Green- our constituents, we have to exercise a read in any report of his comments, span did not agree with tax cuts. Obvi- special kind of discipline. In Colorado, and I have not witnessed in person any ously, he did. My disagreement was the we had those surplus dollars in the of his comments where he quotes: we gentleman’s quote of Mr. Greenspan, 1970s. We were so concerned that we have all kinds of money for tax cuts. In which I have back there. I took it ver- would end up spending that money on fact, Mr. Greenspan has been very con- batim, I say to the gentleman; and I good programs, that we felt it was nec- servative in his approach for tax cuts. just wanted to correct that, because I essary, we felt we met the fundamental He has put it on the strategy and think that the quote had a bit of emo- needs of the State of Colorado. I say agreed with the strategy that George tion put into it and was taken out of ‘‘we,’’ I was not in the legislature at W. Bush has put forward, and that is, context. the time, but our legislative leaders we need it in combination with, one, I want to be sure that this evening, then did a tax refund in the State of we have to reduce the interest rates, because I think the plan that the Blue Colorado. we have got to control spending, which Dogs presented this evening was a very Do my colleagues know what would Mr. Greenspan comes back to time and well-presented program; but I think in have happened in Colorado when 6 time again, and then the tax cuts have fairness, we need to present this with years later we ran into an economic a place in there. He has not made those as much emotion put aside as we can. downturn, had we not returned that kinds of statements that we have all Therefore, I would like to address a money to the taxpayers? That money kinds of money for tax cuts. couple of the issues in regards to the was not sitting in a bank account accu- Mr. TAYLOR of Mississippi. Mr. plan offered by George W. Bush. mulating interest. That money was Speaker, will the gentleman yield? First of all, let me tell my col- spotted by every special interest group Mr. MCINNIS. Mr. Speaker, I would leagues, my district is in the State of in the State of Colorado, and those spe- also correct the gentleman in saying Colorado; and in the 1970s, Colorado cial interest groups, regardless of that it was either Greenspan or Bush in faced, of course, in a much smaller pro- which side of the aisle it came from, his comments, I did not quite catch portion, a budget surplus and the sur- they wanted to spend that money; and which one the gentleman quoted, let us plus actually did occur. Now, I know they would come to us, they would go have a good time. I do not remem- that some of my colleagues that have come to our legislative leaders and say, H732 CONGRESSIONAL RECORD — HOUSE March 7, 2001 look, we have a great program. You that the Congress, along with the ad- a tough time. We have some funda- have the money in the bank. How can ministration, that this government has mental needs that must be funded, and you justify to the voters that you are gotten used to, is not going to happen, the President’s budget funds it. not going to spend more money? And because we have an economy that is on Next, the President provides the larg- what would have happened in the the edge. est debt reduction in history. And here downturn is we would have had many, We do not have an economy that the Blue Dogs ought to be standing up many more commitments, had we not technically is in a recession yet, but we applauding George W. Bush. And I returned that money, and our down- have an economy that is headed into a should say, in fairness to the Blue turn in Colorado in the early 1980s slowdown. And the way to address the Dogs, that at several points their key would have been much more severe slowdown, according to President point was reduction of the debt, so I than it was. Bush, and I completely agree with him, think they actually agree with George I think that the President in his ap- really is three legs on a stool. W. Bush. proach and in his budget takes that The stool needs each one of those What I am saying though, however, into consideration. The President is legs. The first leg is you have to reduce to people such as the Blue Dogs, some- not proposing, by the way, to return all spending or control spending. I will de- where we have to be able to control of the projected surplus. This bill that scribe a little more about that later. spending so that those dollars there we passed in regards to the President’s The second leg is you got to reduce will be some dollars left for that tax tax cut, which is a part of the budget, interest rates. We are seeing Alan cut. and remember that, in my opinion, if Greenspan responding. By the way, the Here President Bush does not ignore, we allow the budget to come on this criticisms of Alan Greenspan this under any circumstances, the reduc- floor first, before we commit to dollars evening, I did not hear many of those tion of the Federal debt. In fact, he for a tax cut, the dollars that we would criticisms when the stock markets considers it a very high priority, and commit to a tax cut will be already were hitting all time highs last year. I he provides the largest debt reduction spent for additional spending in new did not hear any of my colleagues in the history of this country. programs. frankly taking the floor and criticizing Finally, it provides fair and respon- Alan Greenspan. sible tax relief. This tax relief is not 2300 b The third thing that we have to do on intended to go to people who do not Mr. Speaker, that is the difficulty on this stool to stabilize this economy is pay taxes. If you do not think you pay this floor, and in the next 3 weeks try- put some money back into the workers enough taxes, take a look at how many ing to take that money that we intend, who are producing out there. taxes you pay. Take a look at when and we can use the money that you You have people in our society who you stop at the gas pump what you pay would like to give for a tax cut, being are not producing. Those are not the for a gallon of gasoline, what you pay able to hold that aside from being people we are trying to put money when you go to the hardware store. spent is going to be extremely difficult. back into their pockets. We are trying Take a look at your tax bill next time That is why we have to commit early to go to the producing American out you buy a car or a refrigerator or a TV. on, in my opinion, to a tax cut. there, the American who is paying It was mentioned by the Blue Dogs What the President has done on his taxes. We are trying to put money back over here, take a close look at what budget is he has broken it out basically in their pockets, because our belief is your employees’ and employers’ taxes into a couple, 2 or 3, requirements in putting those dollars back in the work- are. Take a look at your income tax, his budget. The first requirement, So- ers pockets is going to help a lot more your State income tax, your Federal cial Security. We must put aside to pull this economy out of its slow- income tax. Take a look at your mu- money to fund Social Security. down than leaving those dollars in nicipal tax. Take a look at your county The same thing with Medicare. The Washington, D.C. to be spent by the tax. Take a look at special districts. President also addresses the debt. government through a bureaucratic Some of those needs are necessary. Clearly, we are in complete agreement. maze. We have to have tax in our system, I am in complete agreement with the That is exactly what President Bush but at some point in those numbers, do Blue Dogs. I am in complete agreement is attempting to do, and I think he has you not think that we can find, espe- with most of the Republicans that we a very logical plan under which to do cially when we have an economy right need to reduce that debt. That is good it. on the edge, do you not think we can fiscal management to reduce it in a In his speech, which, by the way, find a little bit, a few pennies on the planned way, but reduce that debt. The many of my colleagues stood and ap- dollar to go back to the taxpayer so difficulty is between the point where plauded, the President’s budget funds that that taxpayer can also fund some the surplus exists and being able to America’s priorities. Again, President of the priorities of their family? move it. Bush is not ignoring children. Presi- Let us take a look, as we go through Let me demonstrate here. S for sur- dent Bush is not ignoring senior citi- this budget, as the President explained plus, and over here for the debt reduc- zens. He is not ignoring Medicare. He is it. tion. There is another big S that falls not ignoring Social Security. He is not The President’s budget, as I men- in between them. What does that big S ignoring the military, but, by the way, tioned, pays off historic amounts of represent? It represents spending. he is not going to just sign a blank debt. It provides the fastest, largest President Bush does not ignore check. debt reduction in history, $2 trillion spending. President Bush does not He wants justification. The Secretary over 10 years. come forward in his budget and say no of Defense, Mr. Rumsfeld, is putting a It reduces the government debt to its more spending. In fact, what President study on military. He understands lowest share of the economy since Bush does is he comes out and says he what our basic needs are, and his budg- World War I. We are serious about re- is going to be more generous than most et will fund America’s priorities, but ducing this debt. Clearly we have to do families in America, I would venture to there has to be priorities. it. say, are going to be in their own family Let me tell my colleagues if we spent By the way, it is the Republicans who budgets next year. money on every good program that continually carried that balanced President Bush has come forward and comes in front of us, we would be broke budget amendment. We understand said you may increase the budget. I in a week. We have to have priorities. that, and there are a number of con- want a budget, and I will present a Of course, taking priorities means that servative Democrats, and the Blue budget that will increase spending by 4 some are priorities, some are not. So Dogs fit in that category, who agree percent, that is a 4 percent increase. you become unpopular with some peo- with the reduction of this debt. Most families in America will not see a ple. Let us go on. Responsible tax relief, 4 percent increase in their personal in- This President is willing to stand tall uses roughly one-fourth of the budget come next year. and say we cannot fund everybody. I surplus to provide the typical family of What President Bush has said is that am sorry, we cannot be Santa Claus. four paying income taxes $1,600 in tax an 8 percent or a 9 percent increase We have got an economy that is having relief. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H733 I heard someone the other day saying President George W. Bush, as the edu- ington, D.C. is the biggest government- this proposed tax cut only means a cation president. He cares about that. funded city in the history of this coun- couple hundred bucks, or it only means Reading is a big issue. His wife is a try. a dollar a day. I heard that the other teacher. Laura Bush has spent more The fact is that we do not get our day I think in the Committee on Ways time in a classroom than most of my money by going out with some capital- and Means. colleagues. I think everybody on this istic idea of going out and working, our Let me tell you something, when peo- floor cares about education. I have funding is done by taking that money ple get 300 bucks or $365, that may only never met a Congressman who does not out of the workers’ pockets, out of the be a dollar a day but to a lot of my care about education. This President taxpayers’ pockets and transferring it constituents, $365 in your pockets in- lists it as one of his highest priorities. to Washington, D.C. for redistribution. stead of the government’s pockets He says that if we want better edu- That is how the money comes back makes a difference of a bicycle for your cation, we had better be able to pay for here. kid, maybe you could go down and buy it. What the President is saying is wait a new TV. George W. Bush wants the strongest a minute, in all of these priorities, It makes a difference. Do not let peo- military in the world. He wants it maybe one of our priorities, not the top ple dilute the impact of a tax cut by maintained, but he is not going to sign priority, not the only priority, but saying it only means a dollar a day. a blank check. He wants account- maybe one of our priorities ought to be Let us proceed on here. It improves ability. He wants accountability in de- consideration for those people who health care. The President’s budget fense, in education, in Social Security, have to go out and create that money. will improve health care. It doubles et cetera, et cetera. But that is not to The people who go out and get their funding for NIH, that is the National say he is not willing to spend the dol- money, not because it is transferred in Institute of Health, medical research lars. You prove that those dollars are their pocket, but because they go out on important health issues like cancer, going to go to the improvement of our and work for it and they earn it. Here the largest funding increase in NIH’s education, and you are going to have it is transferred through tax mecha- history. It creates more than 1,200 new those dollars, and his budget allocates nisms. community health centers to make for it. I think it is fair and reasonable for health care more accessible. Social Security, it protects Social the President to say we need to com- This President understands the ter- Security. Let me say my approach, I mit a certain part of my budget to a rible viciousness of cancer. This Presi- heard a couple of comments from two tax cut. I also think that it is reason- dent is committed to a budget for the separate Members who said that we are able, to my colleagues in the Blue Dog National Institutes of Health to take on route, we are on track to turn this group, I think that they would agree or that issue on. This is one of those pri- country over in the worse shape than I think it is very reasonable to say we orities. any other generation in the history of had better commit some dollars to this This President is not taking the this country. That for the first time in tax reduction now because if you do money from the fight on cancer and the history of this country, this gen- not put those dollars aside, over the giving it back to the taxpayers. In fact, next 3 or 4 months which it will take us eration is going to turn this country this President is going to the workers to produce a budget, last year we did over to the next generation in worse and to the taxpayers and saying I think not get one until almost Christmas, shape than they found it. it is a priority to take more of your Mr. Speaker, I could not disagree but if you do not put that money aside taxpayer dollars and to fight to take more. I am an optimist. I think that we now, there is not going to be money on this issue of cancer. live in the greatest country in the left for those workers out there. It protects the environment, protects I understand the position let us get a world. I think there are more things the environment, providing for the budget first. That is an easy argument going right than wrong. Clearly our largest increase in conservation funds to make. When you make that argu- focus is to deal with problems. It is in history. Of course, we all take great ment, you cannot assure those workers kind of like being a fireman. Firemen pride in our districts, but my district is out there that there are going to be deal with fires, so pretty soon you may one of the most beautiful districts in dollars to go in their pockets. think that the only thing that happens the Nation. It is geographically larger Let me say in conclusion, I enjoyed is fires, but it is not. When you look than the State of Florida. It is the the discussion here tonight and listen- and put it in its proper proportion, Rocky Mountains of Colorado. ing to my colleagues. I look forward to Those land and water reservation there is more going right. future discussions and would be happy Sure it is easy to criticize education conservation dollars are important dol- to engage in a special orders with the and criticize this and that, but take a lars for us out there. This realizes that people from the Blue Dogs, but I think look at what is going right and if we the President realizes a commitment it is important that we tell both sides work together as a team, if we come to our environment in that kind of of the story which is exactly my pur- together and understand, number one, funding. pose in rebuttal this evening and also It preserves Medicare. It spends every we have an economy that is headed for in discussing the Bush plan. dime of Medicare receipts over the next a slowdown. We do not need to bring up Mr. Speaker, next time I speak I in- 10 years for Medicare and Medicare emotional statements like somebody tend to talk about the death tax, the alone. does not care about children. How question of whether death should be a many of your constituents do not care taxable event, and I intend to go into b 2210 about education or seniors? Put that some of the issues regarding the budg- Those Medicare dollars are going for garbage aside. Every one of your con- et. Medicare and Medicare alone. Again stituents cares about education and Mr. Speaker, I yield to the gentleman the President has said, look, there are seniors. from Texas (Mr. STENHOLM). certain dollars we cannot put into the The question is priorities, and the Mr. STENHOLM. Mr. Speaker if the tax refund, into the tax cut. We have to President has three basic priorities. gentleman from Colorado would wait, fund priorities. Medicare is a priority. Number one, you have got to take care we offered some additional of our time It strengthens defense and our military of the priorities of this country. Num- because you were generous to give by improving their quality of life. He ber two, you have got to have, and let some of your time. talks about the new weapons, and de- me put my chart back up here, you We would like to continue some dis- fense is a priority for President Bush. have got to provide for debt reduction. cussion, I know that the gentleman Again, he is not using that money to It is a priority with this President. from Mississippi (Mr. TAYLOR) would, filter or waste it away in other spend- Number three, you need to provide and also I appreciate very much the ing. He is not giving that money to our some money back to the people who tenor of their talk tonight and respect taxpayers, he is saying that money gave that money. Do not forget, it is a that they have paid to the Blue Dogs needs to go into defense. very easy job when you talk about and some of the things we agree on, Improving education. I think this money back here in the government, and I return the favor to the gentleman President will go down in history, and by the way, the city of Wash- from Colorado. H734 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I found most of what he said I totally says that we should do it just the oppo- Mr. TURNER. Reclaiming my time, agree with, and I believe he will find site. Mr. Speaker, I thank the gentleman for that is the Blue Dog position, but I do Now, I also would add that I think it his remarks, and again we commend not believe the gentleman inten- is important for us to understand that him on his presentation. I really do tionally misspoke regarding the Presi- simply having the fear of greater hope, however, that we will all at least dent’s budget and the utilization of So- spending if we do not have a tax cut come to the point where we will agree cial Security and Medicare trust funds. really historically has not proven to be as a House, as a legislative body, that I know he did not intentionally, and all very successful. Because during the the budget act that we are governed I say is if the gentleman will carefully early 1980s, when the Reagan tax cuts by, requiring a concurrent budget reso- examine the President’s budget, I be- went into place, we also found that the lution before we have tax cuts or enact lieve he will find that there is a double Congress and the President decided to appropriations for spending will be the counting of the Social Security and increase spending, particularly on na- pattern that this Congress will follow. Medicare trust funds because I believe tional defense. And the largest deficits Unfortunately, the leadership in this the gentleman and I will agree that occurred during those years when we House has chosen to do it another way, those moneys that are now being paid were both cutting taxes and increasing because tomorrow they will bring to in by the hard-working men and spending on defense. So, unfortunately, this floor a major tax cut before this women today, everybody paying into though it is a worthy objective to say House has adopted a budget. The Blue the Social Security trust funds, those that if we simply cut taxes first we will Dogs intend tomorrow to be heard on moneys are already obligated. reduce spending, the truth is Congress that subject because we think it is im- When the baby boomers begin to re- has not chosen to follow that pattern. portant to have a budget first. tire in about 4 years, and it really hits In fact, we accumulated over 30 years It is also true, as the gentleman from in 2011, the Social Security trust fund a $5.6 trillion national debt, because for Colorado stated, that the President, in has big problems in paying off. There- 30 years straight the Congress and the his budget plan, does reduce national fore, it as has been proposed in the Presidents that served during that debt. Our objection simply is that it President’s budget, we choose to reduce time always spent more money every does not reduce national debt as fast as the debt by the Social Security trust year than they took in. So the choice, we think it should be reduced. In fact, fund moneys and that is all, then we when we do not have money coming in in an editorial in USA Today, the writ- truly are not making any progress to- to the Treasury, is twofold: we can cut er of that editorial acknowledged that wards fixing Social Security. spending or we can go back in to deficit the President is reducing debt, but he f spending. And the pattern has been says that anyone looking closely at the more the latter than the former. President’s budget will see that he does SO-CALLED ECONOMIC GROWTH Mr. MCINNIS. Mr. Speaker, will the not retire debt as fast as current law AND TAX RELIEF ACT OF 2001 gentleman yield? would provide. And, in fact, the Presi- The SPEAKER pro tempore (Mr. Mr. TURNER. I yield to the gen- dent’s debt repayment schedule under GRAVES). Under the Speaker’s an- tleman from Colorado. his rough outline of a budget will re- nounced policy of January 3, 2001, the Mr. MCINNIS. Mr. Speaker, I will let duce less debt than current law to the gentleman from Texas (Mr. TURNER) is the gentleman finish, but I wanted to tune of $590 billion over the next 5 recognized for 41 minutes. comment just very briefly because I years. Mr. TURNER. Mr. Speaker, it has think there is a little confusion here. The Blue Dog budget plan reduces been a pleasure to hear the gentleman I am not for putting forth the propo- the debt at a faster rate than the Presi- from Colorado express his points of sition that by giving a tax cut would dent’s budget does. Our plan is very view, and I believe there are many reduce spending. What I am saying is simple. We say take the Social Secu- areas where we find common ground, that at least in my tenure on this rity and the Medicare surpluses that particularly in the commitment to try floor, that if we do not allocate those will accumulate over the next 10 years to hold down the level of government funds for a tax cut, those funds will be and set them aside for Social Security spending. I think we share a commit- consumed in the budget negotiations and Medicare only. Whatever other sur- ment to reducing the Federal debt, al- that take place here. plus there is in the general operations though I think the Blue Dogs have a Obviously, I think the President him- of our government, then set aside 50 more aggressive debt repayment sched- self has said spending will increase at a percent of that on-budget surplus for ule than does the President under his rate of 4 percent. It may come in a lit- debt repayment. That means that the budget plan. tle above that. I am saying at this Blue Dog budget plan reduces debt at a I notice that the gentleman from Col- point, if we are really going to have a faster rate than the President’s plan. orado started off his remarks tonight tax cut, we better reserve those dol- We further say set aside 25 percent of talking about fear, and I picked up, lars. I happen to believe that my col- that on-budget surplus, outside of So- during the gentleman from Colorado’s leagues in the Blue Dogs would stand cial Security and Medicare, for tax presentation, a little fear expressed on by for that tax cut, but there are a cuts. And the final 25 percent should be his part, one that I think is shared by number of people on both sides of the reserved for priority spending needs, to many Members of Congress and per- aisle who would like to expend those take care of increased needs in the area haps drives some of the actions that we funds. of national defense, education and see taking place here; and that fear And then I would like to address the other priorities this Congress and this that was expressed by the gentleman other gentleman from Texas. I am com- President may agree upon. was the fear that we might continue to pletely in agreement with him on So- In our judgment, that is a fiscally re- have greater government spending and cial Security. On an actuarial basis, sponsible approach to the forecast of for that reason we need to pass a tax they are bankrupt. On a cash-flow budget estimates that we all know are cut before a budget I believe I heard basis, there is a lot of excess cash com- merely forecasts, that may not arrive. the gentleman say. ing in. As we know, the reason on an In fact, we know that if the estimate of actuarial basis that we are bankrupt is growth in Federal spending goes down b 2320 because the typical couple pulls out only one-tenth of 1 percent, about $300 I would simply suggest to the gen- $118,000 more than they put in. I do not to $400 billion of the estimated surplus tleman that under the budget act that disagree with the gentleman at all in for 10 years disappears. That is how this Congress is governed by, we have, that regard. tenuous the estimated surplus figure by law, said that the process that we I do have questions and issues of de- really is. will follow is to pass a concurrent bate as to whether or not we have a And so Blue Dogs simply say, let us budget resolution before we consider double factor in there and look forward pay down the national debt, let us have taxes and spending programs. So even to future discussions. I intend to yield meaningful tax cuts for the American though it may be a fear that if we do back to the gentleman and to not come people, and let us preserve Social Secu- not do the tax cut first we will have back to the microphone. I thank my rity and Medicare for the future. And greater spending later, the current law colleague for the courtesy. why do we say let us have a budget March 7, 2001 CONGRESSIONAL RECORD — HOUSE H735 first? Because if we have a budget first, Keep in mind, the Blue Dogs do not a budget resolution for this House. I we have to address each of those issues apologize because the size of our tax have even read in some of the publica- that I mentioned and take the avail- cut is little bit smaller than the Presi- tions here on the Hill that the Budget able Federal revenues that we hope will dent is talking about. The truth of the Committee is going to make a special appear over the next 10 years and we matter is, if you look at the tax cut effort this year to have a realistic have to fairly allocate them to those proposals on, for example, the marginal budget, because the truth of the matter various priorities. To simply say let us rate side of the tax cut, sure the Presi- is that many times, the Congress even bring a tax cut to the floor, it is a feel- dent over the long term has a little after passing their budget has spent good vote, let us do it, let us move on larger tax cut for those in the upper in- more money than the budget allowed. down the road, it will all work out, is come brackets. The Democratic pro- This year, the spirit seems to be dif- not the way we would run our house- posal has larger tax cuts for those in ferent in the House Budget Committee. hold budgets or our business budgets; the middle income brackets. But the I am very hopeful that the House Budg- and it is certainly not the way we truth of the matter at the end of the et Committee will pass a realistic should run the people’s budget here in day, the Blue Dog plan is not only to budget, one that this Congress will live Washington. cut taxes but to pay down debt, be- within, and one that will allow us to So I am hopeful that at the end of cause we know and economists tell us have meaningful tax cuts and signifi- the day this Congress will have a budg- that paying down debt will put more cant debt repayment over the next 10 et debate. And, after all, just because money in the back pocket of American years. This is our goal. This is what we the President says that spending will families than any of the tax cuts that are working for. I think at the end of only go up 4 percent, just because the we are talking about today, whether it the day, we can find that the American President says that we are going to be is the President’s, the Blue dogs’ or people will benefit from fiscal conserv- able to make all this work out does not any other group in this House or in the atism. mean that is the way the law is going Senate. Economists say interest rates It is really unusual to be in a posi- to read at the end of the day. across the board would go down over tion of having to be the voice of fiscal And when the gentleman from Colo- the next 10 years approximately 2 per- responsibility when for so many years rado (Mr. MCINNIS) says that he thinks cent if we pay down the national debt. we had support from the Republican we ought to pass the tax cut first and If you are struggling to buy a new side of the aisle for the same goals. It then the budget, he is expressing a home and you have borrowed $100,000 at turns out that the Blue Dog Democrats fear, a fear that his own majority the bank and we can get interest rates have now been identified in this body party, who controls this House, who down for you 2 percent, you will save as being the strongest deficit hawks, controls the Senate, and who now con- $2,000 a year. Who gets $2,000 a year the most fiscally conservative and trols the White House, cannot be fis- even under the President’s tax cut? those committed to greater fiscal re- cally responsible. I submit to my col- Well, I guess the very wealthy do. I sponsibility than any group in the leagues that as long as the Republicans suppose by looking at the numbers, if House. I think it is really significant are in charge, they are going to be the you are a wealthy lawyer making half that this message be heard. That is ones ultimately that determine the a million dollars a year under the Bush why we are here tonight, at 11:35 East- size of the spending bill for the Federal tax cut, you get $15,000. But under the ern Time talking about this issue that Government for this next year. And to Bush tax cut if you are a waitress mak- we all believe so strongly in. There have been several good edi- simply say that there is some projec- ing $20,000, you will no longer have to torials that have been published in re- tion out here of future surpluses that pay $200 in taxes. Your taxes will be cent days about this issue. It seems we all hope are going to arrive, and to zero. As I think the President has often pointed out, the waitress gets a 100 per- that more and more people across this make a decision today to spend all of country are beginning to question the those surpluses on the tax cut the cent reduction in her taxes and the rich lawyer only gets a 50 percent re- path that has been charted by the lead- President has proposed, is irrespon- ership in this House which will lead us sible. The truth of the matter is, if duction when the truth of the matter is the lawyer gets $15,000 and the waitress tomorrow to a vote on a major tax cut they do not show up, we will be back in before we have a budget. More often gets $200. But how can we help the deficit spending. than not in my conversations with my waitress? If she is trying to buy a home A fellow in overalls at a town meet- constituents, I hear the healthy skep- for her family and we can get interest ing stood up after I had made a long- ticism that exists among people all rates down 2 percent so that when she winded presentation about all these across this country about cutting taxes Federal budget numbers, and he said, goes into that bank or that mortgage based on a 10-year projection of a sur- ‘‘Congressman, how can you folks in lending agency and she applies for that plus. In fact, it was suggested to me Washington say you have a surplus $100,000 loan, the interest rate quoted the other day that perhaps this Con- when you have a $5.5 trillion debt?’’ to her will be 2 percent lower and she gress and this administration could be will save $2,000 a year because this Con- b 2330 characterized as somewhat arrogant gress decided to be fiscally responsible for even suggesting that we cut taxes It caught me a little bit off guard, be- and pay down the national debt and based on a 10-year estimate. Because cause the point was well made and cer- reap the benefits that come from that the truth is, even if the estimate, per- tainly well taken. Only in Washington kind of fiscal responsibility. That is chance, turned out to be correct, this can you owe $5.5 trillion in publicly what the Blue Dogs are for. And at the President and this Congress would have held debt and in debt owed to the So- end of the day, our plan will put more passed the last tax cut that could be cial Security and Medicare and other money in the back pockets of an aver- passed by any Congress or signed by trust funds of the government that age American family than any tax cut any President for the next 10 years. have been taken all these many years that is being talked about today. Perhaps that alone would suggest that and spent on other things, only in I am very hopeful that we can at perhaps we should look at a shorter Washington can you also say you have least have an opportunity to have a time frame. When I served as a member a surplus. fair debate on priorities and a fair de- of the Texas legislature, the House and The debt we owe is real. It is here bate about a budget before we have to the Senate there, I served on the Fi- now. The surplus we are talking about vote on major tax cuts that may jeop- nance Committee, we met biennially, has not yet arrived. It may not arrive. ardize our efforts to bring fiscal re- once every 2 years. What we did is What would you do at your household sponsibility and restraint and debt re- project the State revenues for the next if you owed money to the tune of payment to the American people. 2 years, projected our State spending $100,000 and somebody said, ‘‘Well, we I really think that tonight, the de- needs, and adopted a budget accord- think you’re going to have an increase bate that we are having, though there ingly. And if we had extra money pro- in your pay over the next few years.’’ are only a few Members in the Chamber jected for the 2-year period, we could Would you ignore the debt and start tonight, is the kind of debate that we pass a tax cut. We did not talk about 10 spending the surplus? No. You would need to be having in the full daylight years out. Perhaps most legislators un- try to pay down the debt that you owe. with the Members of the House here on derstand how foolish it really is to H736 CONGRESSIONAL RECORD — HOUSE March 7, 2001 spend money that you do not even have I have to be a little bit disturbed who are for these tax cuts are dealing yet. Only in Washington do we project about what my friend, the gentleman in projections, and we are $5.7 billion in for 10 years and then somehow declare from Colorado (Mr. MCINNIS), said to- debt because of rosy projections, not that it is engraved in stone on a wall night. His statement was that we have people dealing in reality. and we can spend it today. I think that to cut taxes because they cannot stop Mr. TURNER. Mr. Speaker, I would we as a Congress should acknowledge spending. ask the gentleman from Mississippi that of the tax cut that we are talking Now I admire many of my Republican (Mr. TAYLOR) does he happen to know about being given to the American peo- colleagues, but they asked for the op- how much interest we are paying on ple next year, that the surplus is so portunity to govern and they promised this national debt? small next year that only 5 percent of the American people if they were given Mr. TAYLOR of Mississippi. I am so the total tax of $1.6 trillion the Presi- the opportunity to govern they would glad the gentleman asked that. We con- dent proposed is even being granted stop wasteful spending. So what he is stantly hear people say, stop the next year. And to grant more would saying, I guess, is that that promise wasteful spending. Doggoneit, you all put us back into deficit spending, be- was not true; that they cannot control can balance the budget if you just cut cause two-thirds of this surplus occurs spending. out the wasteful spending. Some people in the second 5 years of this 10-year Let me make a point to the gen- say it is food stamps to the tune of projection. Only one-third occurs in tleman from Colorado (Mr. MCINNIS). about $30 billion a year. Some people the first 5 years. And in the shorter Cutting revenues has never stopped say it is foreign aid to the tune of term, very little surplus exists for any spending. It only increased the amount about $13 billion a year. tax cut. of money that was borrowed. I guess everyone has something they Now I am not belittling the fact that When Ronald Reagan made the same think we ought to do away with. Na- the tax cut proposed gives a $56 billion pitch in the early 1980s to cut revenues tional Endowment for the Arts I voted tax cut next year, but $56 billion is because it would stop spending, the against, $100 million a year. only 5 percent of the total tax package debt was less than a trillion dollars. It The most wasteful thing this Nation that is being talked about. It was sug- is now $5.7 trillion. does is to squander $1 billion a day Let us remember that Ronald Rea- gested the other day that perhaps what each and every day on interest on the gan’s veto was worth two-thirds of the we ought to be doing is simply passing national debt. We did it yesterday. We House and two-thirds of the Senate; a short-term tax cut, coming back in 2 did it the day before that, the day be- just as George Bush’s veto will now be years, taking another look at where we fore that. We will do it tomorrow and worth two-thirds of the House and two- are financially, passing another one, we will do it every day for the rest of thirds of the Senate. giving the next Congress after that the our lives if we do not retire this debt. If President Bush sees some wasteful good fortune of being able to vote for a That is what the interest payment is. spending, I encourage him to veto the tax cut. But, no, in Washington the It is more money than we spend on de- bill, and I will work with him to pre- playing field has been defined for us, fense. It is more money than we spend vent the override of that veto. Do not because the Congress in 1992 said that on Social Security. It is more money tell me that you have to increase the the Congressional Budget Office should than we spend on veterans health care. national debt, pretending there is an project the financial estimate for 10 It is more money than we spend on imaginary surplus, so you can give years. anything. your contributors a $1.6 trillion tax b 2340 break, because it is not there. We do It is squandered. It does not educate Once we did that, then I guess we not have a surplus until we pay back a child. It does not build a highway. It opened the door to start spending the what we owe to Social Security, which does not defend our Nation. It is squan- money, whether it is by tax cuts or is a trillion dollars; until we pay back dered. It tends to go to the wealthiest spending or whatever means we want what we owe to Medicare, which is $229 Americans, the very people who will to use to dispose of it today, based on billion; pay back to those people who get the biggest benefit of this tax an estimate of what might occur over served our Nation for 20 years or more break. the next 10 years. and our Reservists who served our Na- Mr. TURNER. I had heard a few So the Blue Dog Democrats are here tion for 20 years or more, the $163 bil- months ago that the interest payment tonight. We are working hard to con- lion. We do not have a surplus until we on the national debt was the third larg- vey the message of a budget first and pay back to our civil servants the est category of Federal expenditures. Is we are asking for fiscal responsibility. $501.7 billion that has been taken out of that correct? I think Social Security Mr. Speaker, I am pleased to yield to their paychecks. You do not have a and perhaps national defense might our fellow Blue Dog colleague, the gen- surplus to give away in tax breaks. have been a little bit ahead of payment tleman from Mississippi (Mr. TAYLOR.). I know these are astronomical num- of interest on the debt. Mr. TAYLOR of Mississippi. Mr. bers, and I know the typical American Mr. TAYLOR of Mississippi. For the Speaker, I thank the gentleman from has just got to be dumbfounded with record, for the fiscal year 2001, the Texas (Mr. TURNER) for yielding. them, and I think skepticism is a good Treasury has already spent $144 billion Mr. Speaker, again, I will ask every thing. So let me say where you can on interest on the national debt. That American who listens to the debate to- look to see this, because these are all is the first 5 months of this year. Con- morrow, listen for this number, straight out of the monthly statement trast that with fiscal year 2000, the $5,735,859,380,573.98. You will not hear of Treasury Securities. Treasury spent $362 billion on interest. one proponent of the tax cut admit to Just a month ago, that was known as That is almost a billion a day. That is the American people that that is how a monthly statement of public debt but 20 percent of every dollar that was far in debt we are, and almost all of the Bush administration, in order to spent. that debt has occurred since 1980. disguise the true nature of the debt, By comparison, the military outlays I will give you another number you changed the title of that from public total $281 billion, $81 billion less than will not hear. You will not hear about debt to Treasury Securities; but it is we pay on the interest. Medicare out- the $1,070,000,000,000 that this Nation the same thing. lays were $218 billion, $144 billion less owes to the people who pay into the So I would encourage you to go to than we spent on interest on the na- Social Security trust fund. You will www.publicdebt.treas.gov. I encourage tional debt. not hear about the $229,200,000,000 that you to go to table 1, page 1, monthly Again, Mr. Speaker, again Senate this Nation owes to the Medicare Trust statement of Treasury Securities of the Majority Leader, Mr. President, please Fund. You will not hear about the United States, February 28, 2001; go to come tell me that there is a surplus, $163.5 billion that we owe to the mili- table 4 page 10; go to table 3, pages 7 because you are dealing with projec- tary retirees, and you will not hear and 8. tions and I am dealing with reality. about the $501.7 billion that we owe to That is where these numbers come The people of America are now $5.7 tril- the public employees retirement sys- from. I am dealing in reality. The Blue lion in debt from rosy projections. The tem. Dogs are dealing in reality. The people debt is real. The interest payments on March 7, 2001 CONGRESSIONAL RECORD — HOUSE H737 the debt are real. What we owe to So- taxes, and at that point in time is plus when, in fact, if we look at a cial Security, what we owe to Medi- when we need to have that debt paid longer period of time, we probably have care, what we owe to the military re- down so that the money will be avail- a deficit again because the demands on tirees, what we owe to our own civil able for the Social Security recipients. the Social Security system and on the servants is real. Mr. TAYLOR of Mississippi. Mr. Medicare system are so tremendous? Let us pay our bills first before we Speaker, if the gentleman will yield, Mr. TAYLOR of Mississippi. Mr. start making new promises. the promise made during the Reagan Speaker, I would say to the gentleman, Mr. TURNER. Mr. Speaker, I would years was that that $1 trillion would be I pointed out that this is the debt right say to the gentleman from Mississippi set aside. That promise was never kept now. We have heard our colleagues say (Mr. TAYLOR), in addition to the abso- in the Reagan years, it was never kept that CBO projections say that we are lute waste that is represented by a bil- in the Bush presidency, it was never going to have a lot of money left over. lion dollars a day that we pay in inter- kept in the Clinton presidency. The Let me tell my colleagues the real CBO est on this huge $5.7 trillion national question is now whether this President projections. debt, there is going to come a point in will honor that promise made almost 20 Today we owe the Social Security time, is there not, where those debts years ago. The promise was never kept Trust Fund $1 trillion. The CBO projec- are going to have to be repaid, those for the Medicare trust fund. The ques- tion is that 10 years from today, even without the Bush tax breaks, which IOUs the gentleman talked about ear- tion is whether or not this President will deprive about $1.6 trillion out of lier this evening that represents the will honor it. The promise was never revenue, we will owe Social Security $3 lockbox trust funds, that those monies kept to our military retirees. The ques- trillion, 65 billion. I told the gentleman are going to have to be paid? I mean, in tion is whether or not President Bush will help us keep that promise. The how we owed money to Medicare, to Social Security, for example, is there military retirees, to civil service retir- not going to be a requirement, an abso- promise was never kept to the civil service retirees. The question is wheth- ees. It projects, the CBO, even without lute requirement, that some day those the tax breaks, that we will owe them er or not President Bush will help us funds be repaid to that trust fund? $2.2 trillion 265 billion, and contrary to keep that promise. Mr. TAYLOR of Mississippi. In the what our colleague from Colorado said, 1980s, the Reagan administration, with Now, my promise to President Bush is, I will help him keep that promise. I even without the Bush tax breaks, if a Democratic House, Republican Sen- we do not start getting serious about ate, increased by 15 percent payroll tax think keeping our word to all of these groups is more important than making cutting spending, living within our on working Americans toward Social means, that 10 years from now, our Na- Security and Medicare, because they new promises to other Americans, be- cause a great Nation is only as good as tion will be $6 trillion, 721 billion in realized, because of the demographic debt. its word. That is why last year we change, with fewer and fewer working Mr. Speaker, there is no person on people, more and more retired people worked so hard to get our health care earth who can convince me, who can taking money out, fewer people putting benefits that were promised to military convince my colleague, that there is a money in, that by 2014 the money that retirees, and I thank my colleagues for surplus now or that there will be a sur- was being paid in on an annual basis to helping on that. It is now time to keep plus then, when we are $5.7 trillion in Social Security would no longer pay our word on these matters. debt now, and the CBO projections that Mr. TURNER. Mr. Speaker, let me the money that is being taken out. they keep talking about predict that ask this question of the gentleman. So with Alan Greenspan as the Chair our Nation will be $6 trillion, 700 bil- After 2014, 13 years from now, when the of a commission, they recommended, it lion in debt then. passed through Congress, an increase Social Security system begins to expe- Mr. TURNER. Mr. Speaker, it seems on payroll taxes with the idea being rience the retirement of those of us to me that this debate comes right that the money would be collected now who are in that baby boomer category, back down to where the gentleman while we have a relatively large work- what happens, as I understand it, is not from Tennessee (Mr. TANNER) said we force, set aside to pay those benefits only do we see in 2014 more money were in his remarks earlier this then for Social Security, for Medicare, coming out of Social Security and ben- evening. The question that must weigh for military retirees, for civil service efits than goes in and Social Security on the minds, I hope, of every Member retirement. payroll taxes, but that is just the tip of of this Congress is, are we going to The problem is that money was the iceberg. Because I read the other leave this country in better shape for spent, every penny of it. What we are day that the Social Security service our children than we found it? And it trying to change and what we will have has already estimated, based on the seems to me, I say to the gentleman, an opportunity to change tomorrow, I number of folks that will be retiring in that in order to do that, we are going hope, if the Committee on Rules makes the years ahead, that 50 years from to have to exercise some significant it in order, is to say that the provisions now, that the drain on the Social Secu- fiscal discipline over the years ahead. of this tax bill tomorrow only take rity Trust Fund will be so great, that I really commend the gentleman on place in years where we fully fund our to have enough money going into the the presentation he has made. As I said annual obligation to Social Security, system 50 years from now to pay the to the gentleman earlier, he exposed, to Medicare, to military retirement benefits, to which people who will then once again, the best kept secret in and civil servants. retire will be entitled, will require a town up here, and that is that there is payroll tax of 50 percent of payroll. really no trust fund. And when we lock b 2350 Now, the gentleman knows and I box the trust fund, all we have lock If that does not happen, then the tax know and everybody here knows that boxed is an IOU that some day is going increase does not take place. I happen we are never going to have a 50 percent to have to be paid by the taxpayers of to think that is totally in keeping with payroll tax. Nobody could stay in busi- this country, back into those trust the President’s vow and promise that ness if they had to pay a 50 percent funds so that the recipients of Social he made to Congress. He mentioned So- payroll tax. But to pay benefits that Security in the years ahead and the cial Security by name, he mentioned will be due by current law to the bene- beneficiaries of the Medicare program Medicare by name. He did not mention ficiaries that will be retired 50 years in the years ahead will be able to have our military retirees, he did not men- from now, a lot of our children in that the commitment that we made to them tion our civil servants, but I am sure category, we need a payroll tax of 50 honored and made good, and that is he would want to protect their funds as percent? I think what it says to me is going to take a tremendous amount of well. that the talk about a surplus over the effort on the part of this Congress and Mr. TURNER. Mr. Speaker, reclaim- next 10 years really hides the true fi- future Congresses. I hope that we have ing my time, so the gentleman says nancial picture of the Federal Govern- the wisdom to begin now to prepare for that 13 years from now, in 2014, we ment, because not only does Social Se- those very, very dire days when the start paying more Social Security ben- curity face a crisis in the years ahead, baby boomers retire and the demands efits than we have income into the So- but Medicare does too. Is it fair, I ask on Social Security and Medicare could cial Security Trust Fund and payroll the gentleman, to say we have a sur- literally overwhelm this government. H738 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Mr. TAYLOR of Mississippi. Mr. Mr. SKELTON (at the request of Mr. turned in late; to the Committee on Armed Speaker, I think the first place we have GEPHARDT) for March 8 on account of Services. to start is with the legislation I intro- attending a funeral. 1124. A letter from the Acting Adminis- trator, Food and Nutrition Service, Depart- duced last week, with a constitutional f ment of Agriculture, transmitting the De- amendment that honors the promise SPECIAL ORDERS GRANTED partment’s final rule—Special Supplemental that was made to Americans, a con- Nutrition Program for Women, Infants and stitutional amendment that protects By unanimous consent, permission to Children (WIC): Clarification of WIC Man- the Social Security Trust Fund, a con- address the House, following the legis- dates of Public Law 104–193, the Personal Re- stitutional amendment that protects lative program and any special orders sponsibility and Work Opportunity Rec- the Medicare trust fund, a constitu- heretofore entered, was granted to: onciliation Act of 1996 (RIN: 0584–AC51) re- tional amendment that protects our The following Members (at the re- ceived March 5, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education public employees’ retirement system, a quest of Mr. PALLONE) to revise and ex- and the Workforce. constitutional amendment that pro- tend their remarks and include extra- 1125. A letter from the Secretary, Depart- tects our military retirement system. I neous material: ment of Health and Human Services, trans- introduced it last week. I would invite Mr. DAVIS of Illinois, for 5 minutes, mitting the 2000 annual report on the Loan the gentleman from Texas (Mr. TURN- today. Repayment Program for Research Generally, ER) and every Member of Congress to Mr. PALLONE, for 5 minutes, today. pursuant to 42 U.S.C. 2541—1(i); to the Com- coauthor it. I would invite every Amer- Mr. DEFAZIO, for 5 minutes, today. mittee on Energy and Commerce. 1126. A letter from the Secretary, Depart- ican to demand that their Congress Mrs. CLAYTON, for 5 minutes, today. ment of Health and Human Services, trans- keep the promises that were made to Mr. UNDERWOOD, for 5 minutes, today. mitting the Annual Report on the National them, and start with a constitutional Mr. SKELTON, for 5 minutes, today. Institutes of Health (NIH) AIDS Research amendment that says from this day Ms. WOOLSEY, for 5 minutes, today. Loan Repayment Program (LRP) for FY 2000; forward, we will stop stealing from So- Ms. MILLENDER-MCDONALD, for 5 min- to the Committee on Energy and Commerce. cial Security and we will stop stealing utes, today. 1127. A letter from the Secretary, Depart- ment of Health and Human Services, trans- from Medicare and we will stop steal- Ms. JACKSON-LEE of Texas, for 5 min- mitting the Annual Report on the National ing from military retirement, we will utes, today. Institutes of Health (NIH) Clinical Research stop stealing from the civilian retire- Mr. BACA, for 5 minutes, today. Loan Repayment Program for Individuals ment, and our highest priority is going Mr. OWENS, for 5 minutes, today. From Disadvantaged Backgrounds (CR-LRP) to be to pay back those funds that have Ms. KILPATRICK, for 5 minutes, today. for FY 2000; to the Committee on Energy and already been taken. Ms. NORTON, for 5 minutes, today. Commerce. Mr. TURNER. Mr. Speaker, it sounds Mrs. MINK of Hawaii, for 5 minutes, 1128. A letter from the Secretary, Depart- like to me if the gentleman’s constitu- today. ment of Health and Human Services, trans- mitting the Annual Report on the National tional amendment had been the law in Mr. HILLIARD, for 5 minutes, today. the Federal Government, that the trust Institute of Child Health and Human Devel- Mr. LEWIS of Georgia, for 5 minutes, opment (NICHD) Contraception and Infer- funds of the Federal Government would today. tility Research Loan Repayment Program be just like the trust funds that I am Mr. JEFFERSON, for 5 minutes, today. (CIR-LRP) for FY 2000; to the Committee on familiar with from my service in the Mr. CLYBURN, for 5 minutes, today. Energy and Commerce. Texas legislature. Because at the State Mr. BOSWELL, for 5 minutes, today. 1129. A letter from the Associate Bureau level, and I suspect in every State in The following Members (at the re- Chief, Wireless Telecommuncations Bureau, Federal Communications Commission, trans- the union, when they set up the State quest of Mrs. BIGGERT) to revise and employees’ retirement trust fund and mitting the Commission’s final rule—Proce- extend their remarks and include ex- dures for Reviewing Requests for Relief the teacher retirement system trust traneous material: From State and Local Regulations Pursuant fund, the legislature actually puts dol- Mr. BEREUTER, for 5 minutes, today. to Section 332(c)(7)(B)(v) of the Communica- lars into those funds that are truly Mr. NUSSLE, for 5 minutes, today. tions Act of 1934 [WT Docket No. 97–192] re- locked away and invested over time in Mr. DUNCAN, for 5 minutes, today. ceived February 26, 2001, pursuant to 5 U.S.C. real assets that are earning interest Mr. TANCREDO, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and and increasing the value, the cash Mr. GILCHREST, for 5 minutes, today. Commerce. 1130. A letter from the Acting Assistant asset value of those trust funds. But Mr. JONES of North Carolina, for 5 because in Washington, we created Secretary for Legislative Affairs, Depart- minutes, March 8. ment of State, transmitting certification of trust funds that we allowed the govern- The following Member (at her own re- a proposed license for the export of defense ment, the Congresses of years past to quest) to revise and extend her re- articles or defense services sold commer- borrow from to do other things, what marks and include extraneous mate- cially under a contract to Russia [Trans- we are left with in Washington is trust rial: mittal No. DTC 034–01], pursuant to 22 U.S.C. funds with no cash, with no investment Ms. BROWN of Florida, for 5 minutes, 2776(c); to the Committee on International value, other than the fact that they today. Relations. hold an IOU, a Treasury obligation 1131. A letter from the Assistant Legal Ad- f viser for Treaty Affairs, Department of that does earn interest, but ultimately ADJOURNMENT State, transmitting Copies of international can only be paid through the taxing agreements, other than treaties, entered into power of the Federal Government, be- Mr. TURNER. Mr. Speaker, I move by the United States, pursuant to 1 U.S.C. cause there is really no money there to that the House do now adjourn. 112b(a); to the Committee on International pay the benefits that are guaranteed to The motion was agreed to; accord- Relations. the Social Security recipients, to the ingly (at 11 o’clock and 59 minutes 1132. A letter from the Acting Assistant Medicare recipients, to the Federal em- p.m.), the House adjourned until to- Secretary for Legislative Affairs, Depart- ployees who retire, to the military re- ment of State, transmitting the President’s morrow, Thursday, March 8, 2001, at 10 determination regarding certification of the tirees. It is the taxing power of the fu- a.m. 24 major illicit drug producing and transit ture that will have to be used to honor f countries, pursuant to section 490 of the For- those commitments. eign Assistance Act of 1961, as amended; to EXECUTIVE COMMUNICATIONS, f the Committee on International Relations. ETC. 1133. A letter from the Chairman, Board of LEAVE OF ABSENCE Under clause 8 of rule XII, executive Governors of the Federal Reserve System, By unanimous consent, leave of ab- transmitting a copy of the annual report in communications were taken from the compliance with the Government in the Sun- sence was granted to: Speaker’s table and referred as follows: Mr. BECERRA (at the request of Mr. shine Act during the calendar year 2000, pur- 1123. A letter from the Acting Assistant suant to 5 U.S.C. 552b(j); to the Committee GEPHARDT) for today on account of Secretary of Defense, Reserve Affairs, De- on Government Reform. business in the district. partment of Defense, transmitting notifica- 1134. A letter from the Administrator, En- Mr. SHOWS (at the request of Mr. tion that the Angel Gate Academy Program vironmental Protection Agency, transmit- GEPHARDT) for March 6 and today on Report, directed by Senate Report 106–298, to ting the Fiscal Year 2000 Annual Report; to account of a death in the family. be submitted by February 15, 2001, will be the Committee on Government Reform. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H739 1135. A letter from the Executive Director PUBLIC BILLS AND RESOLUTIONS BONIOR, Ms. PRYCE of Ohio, Ms. for Operations, Nuclear Regulatory Commis- Under clause 2 of rule XII, public BROWN of Florida, Mr. QUINN, Mr. sion, transmitting a report on Year 2000 BROWN of Ohio, Mr. RAMSTAD, Mr. Commercial Activities Inventory; to the bills and resolutions were introduced CAPUANO, Mr. SCARBOROUGH, Ms. CAR- Committee on Government Reform. and severally referred, as follows: SON of Indiana, Mr. SHAYS, Mrs. 1136. A letter from the Acting Assistant By Mr. MCGOVERN (for himself, Mr. CHRISTENSEN, Mr. SMITH of New Jer- Administrator for Fisheries, National Oce- SHAYS, Mrs. MCCARTHY of New York, sey, Mr. CLAY, Mr. UPTON, Mr. COYNE, anic and Atmospheric Administration, trans- Mr. FROST, Mr. NADLER, Mr. CLEM- Mr. WALSH, Mr. CROWLEY, Ms. mitting a report on the Northeast Multispe- ENT, Mr. PASCRELL, Mrs. MORELLA, DEGETTE, Ms. DELAURO, Mr. ENGEL, cies Harvest Capacity and Impact of North- Ms. VELAZQUEZ, Mr. ISSA, Mrs. Ms. ESHOO, Mr. EVANS, Mr. east Fishing Capacity Reduction; to the KELLY, Mr. FILNER, Ms. MCKINNEY, FALEOMAVAEGA, Mr. FARR of Cali- Committee on Resources. Mr. DAVIS of Illinois, Mr. INSLEE, Mr. fornia, Mr. FATTAH, Mr. FILNER, Mr. 1137. A letter from the Paralegal Spe- MICA, Mrs. TAUSCHER, Mr. MEEHAN, FORD, Mr. FRANK, Mr. GONZALEZ, Mr. cialist, FAA, Department of Transportation, Mr. CONYERS, Mr. WEINER, Mr. GUTIERREZ, Mr. HASTINGS of Florida, transmitting the Department’s final rule— SERRANO, Mr. CROWLEY, and Mr. Mr. HILLIARD, Mr. HINCHEY, Mr. Airworthiness Directives; Bell Helicopter KING): HOEFFEL, Ms. HOOLEY of Oregon, Mr. Textron, Inc. Model 204B Helicopters [Docket H.R. 906. A bill to amend the Internal Rev- ISRAEL, Mr. JACKSON of Illinois, Ms. No. 2000–SW–16–AD; Amendment 39–12096; AD enue Code of 1986 to allow a credit against JACKSON-LEE of Texas, Mr. JEFFER- 2001–02–11] (RIN: 2120–AA64) received Feb- income tax for the costs of employers in pro- SON, Mr. KENNEDY of Rhode Island, ruary 27, 2001, pursuant to 5 U.S.C. viding certain transportation fringe benefits Mr. KILDEE, Ms. KILPATRICK, Mr. 801(a)(1)(A); to the Committee on Transpor- for their employees; to the Committee on KIND, Mr. KUCINICH, Mr. LAFALCE, tation and Infrastructure. Ways and Means. Mr. LAMPSON, Mr. LANTOS, Ms. LEE, 1138. A letter from the Chief, Office of Reg- By Mr. DINGELL: Mr. LEWIS of Georgia, Mr. LIPINSKI, ulations and Administrative Law, USCG, De- H.R. 907. A bill to amend title 49, United Mrs. LOWEY, Mr. LUTHER, Mr. MAR- partment of Transportation, transmitting States Code, to promote air carrier competi- KEY, Mrs. MCCARTHY of New York, the Department’s final rule—Drawbridge Op- tion, to establish consumer protections for Ms. MCCARTHY of Missouri, Ms. eration Regulations; Cortez Bridge (SR 684), airline passengers, and for other purposes; to MCCOLLUM, Mr. MCDERMOTT, Mr. Cortez, FL [CGD07–01–013] received February the Committee on Transportation and Infra- MCGOVERN, Ms. MCKINNEY, Mr. 27, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. MCNULTY, Mrs. MEEK of Florida, Mr. the Committee on Transportation and Infra- By Mrs. CAPPS: MEEKS of New York, Mr. GEORGE MIL- structure. H.R. 908. A bill to terminate the participa- LER of California, Mr. MOAKLEY, Mr. tion of the Forest Service in the Rec- 1139. A letter from the Chief, Office of Reg- MOORE, Mr. NADLER, Mr. NEAL of reational Fee Demonstration Program and ulations and Administrative Law, USCG, De- Massachusetts, Ms. NORTON, Mr. to offset the revenues lost by such termi- partment of Transportation, transmitting OLVER, Mr. PASTOR, Mr. PAYNE, Ms. nation by prohibiting the use of appropriated the Department’s final rule—Drawbridge Op- PELOSI, Mr. POMEROY, Mr. PRICE of funds to finance engineering support for North Carolina, Ms. RIVERS, Mr. eration Regulations; Stickney Point Bridge sales of timber from National Forest System RODRIGUEZ, Mr. ROEMER, Ms. (SR 72), Sarasota, Sarasota County, FL lands; to the Committee on Agriculture, and SANCHEZ, Mr. SANDLIN, Mr. SAWYER, [CGD07–01–011] received February 27, 2001, in addition to the Committee on Resources, Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for a period to be subsequently determined SLAUGHTER, Mr. SMITH of Wash- mittee on Transportation and Infrastruc- by the Speaker, in each case for consider- ington, Mr. STARK, Mr. STUPAK, Mr. ture. ation of such provisions as fall within the ju- THOMPSON of Mississippi, Mr. 1140. A letter from the Acting General risdiction of the committee concerned. TIERNEY, Mrs. JONES of Ohio, Mr. Counsel, Small Business Administration, By Mr. CRANE (for himself, Mr. MAT- UDALL of Colorado, Ms. VELAZQUEZ, transmitting the Administration’s final SUI, Mr. ENGLISH, Mr. LEWIS of Geor- Ms. WATERS, Mr. WATT of North rule—New Markets Venture Capital Pro- gia, Mr. BECERRA, Mr. RANGEL, Mr. Carolina, Mr. WAXMAN, Mr. WEINER, gram: Delay of Effective Date (RIN: 3245– WELLER, Mr. SAM JOHNSON of Texas, Mr. WEXLER, and Mr. WYNN): AE40) received February 28, 2001, pursuant to Mr. COLLINS, Mr. RAMSTAD, Mr. H.R. 912. A bill to reduce the risk that in- 5 U.S.C. 801(a)(1)(A); to the Committee on MCNULTY, Mr. HULSHOF, Mr. SHAW, nocent persons may be executed, and for Small Business. Mr. NUSSLE, Mrs. JOHNSON of Con- other purposes; to the Committee on the Ju- 1141. A letter from the Chairman, Inter- necticut, Mr. PORTMAN, Mr. MCINNIS, diciary. national Trade Commission, transmitting a Mr. HOUGHTON, Mr. LEWIS of Ken- By Mr. ENGEL (for himself and Mr. report entitled, ‘‘The Economic Impact of tucky, and Mr. HERGER): BRADY of Pennsylvania): U.S. Sanctions With Respect to Cuba’’; to H.R. 909. A bill to amend the Internal Rev- H.R. 913. A bill to amend title XVIII of the the Committee on Ways and Means. enue Code of 1986 to permit the consolidation Social Security Act to provide for coverage 1142. A letter from the Director, Defense of life insurance companies with other com- of expanded nursing facility and in-home Security Cooperation Agency, Department of panies; to the Committee on Ways and services for dependent individuals under the Defense, transmitting a report authorizing Means. Medicare Program; to the Committee on En- the transfer of up to $100M in defense articles ergy and Commerce, and in addition to the By Mr. DEFAZIO (for himself and Mr. and services to the Government of Bosnia- Committee on Ways and Means, for a period SANDERS): Herzegovina, pursuant to Public Law 104— H.R. 910. A bill to amend the Public Health to be subsequently determined by the Speak- 107, section 540(c) (110 Stat. 736); jointly to Service Act to provide for emergency dis- er, in each case for consideration of such pro- visions as fall within the jurisdiction of the the Committees on International Relations tributions of influenza vaccine; to the Com- committee concerned. and Appropriations. mittee on Energy and Commerce. By Mr. FOLEY (for himself, Mr. SHAW, 1143. A letter from the Acting Chairman, By Mr. BARCIA (for himself, Mr. Mr. CUNNINGHAM, Mr. HILLEARY, Mr. National Transportation Safety Board, LAMPSON, Mr. CRAMER, Mrs. KELLY, BONILLA, Mr. HUNTER, Mr. STUMP, transmitting the Board’s appeal letter to the Mr. KNOLLENBERG, Mr. SANDLIN, Mr. Mr. COLLINS, Mr. DOOLITTLE, and Mr. Office of Management and Budget regarding PASTOR, Mr. ROYCE, Mr. PASCRELL, OSE): the initial determination of the fiscal year Ms. HOOLEY of Oregon, Mr. FROST, 2002 budget request; jointly to the Commit- H.R. 914. A bill to amend title III of the Mr. MCHUGH, Mr. FOLEY, Mr. Americans with Disabilities Act of 1990 to re- tees on Transportation and Infrastructure SHIMKUS, Mr. COMBEST, Ms. GRANGER, and Appropriations. quire, as a precondition to commencing a Mr. REYES, and Mr. SHAW): civil action with respect to a place of public H.R. 911. A bill to authorize the President f accomodation or a commercial facility, that to award a gold medal on behalf of the Con- an opportunity be provided to correct alleged gress to John Walsh in recognition of his REPORTS OF COMMITTEES ON violations; to the Committee on the Judici- outstanding and enduring contributions to ary. PUBLIC BILLS AND RESOLUTIONS the Nation through his work in the fields of By Mr. FOLEY (for himself, Mr. NEAL Under clause 2 of rule XIII, reports of law enforcement and victims’ rights; to the of Massachusetts, Mr. ENGLISH, Mr. Committee on Financial Services. committees were delivered to the Clerk KANJORSKI, Mr. CAMP, Mr. ARMEY, By Mr. DELAHUNT (for himself, Mr. for printing and reference to the proper Mr. MCGOVERN, and Mr. FROST): LAHOOD, Mr. CONYERS, Mr. BASS, Mr. H.R. 915. A bill to amend the Internal Rev- calendar, as follows: SCOTT, Mr. BOEHLERT, Mr. ABER- enue Code of 1986 to provide a tax credit for Mr. REYNOLDS: Committee on Rules. CROMBIE, Mrs. EMERSON, Mr. ALLEN, modifications to intercity buses required House Resolution 83. Resolution providing Mr. FOLEY, Mr. BALDACCI, Ms. HART, under the Americans with Disabilities Act of for consideration of the bill (H.R. 3) to Ms. BALDWIN, Mr. HOUGHTON, Mr. 1990; to the Committee on Ways and Means. amend the Internal Revenue Code of 1986 to BARRETT, Mr. KING, Ms. BERKLEY, Mr. By Mr. FRANK: reduce individual income tax rates (Rept. MCHUGH, Mr. BERMAN, Mrs. MORELLA, H.R. 916. A bill to amend the Internal Rev- 107–12). Referred to the House Calendar. Mr. BLUMENAUER, Mr. PETRI, Mr. enue Code of 1986 to correct the treatment of H740 CONGRESSIONAL RECORD — HOUSE March 7, 2001 tax-exempt financing of professional sports to the Committees on International Rela- addition to the Committee on the Budget, facilities; to the Committee on Ways and tions, and Financial Services, for a period to for a period to be subsequently determined Means. be subsequently determined by the Speaker, by the Speaker, in each case for consider- By Mr. GUTIERREZ (for himself, Mr. in each case for consideration of such provi- ation of such provisions as fall within the ju- SERRANO, Ms. BROWN of Florida, Mr. sions as fall within the jurisdiction of the risdiction of the committee concerned. BONIOR, Mr. FRANK, Mr. BLAGOJEVICH, committee concerned. By Ms. RIVERS: Mr. OWENS, Mr. CUMMINGS, Mr. By Mr. KELLER (for himself and Mr. H.R. 928. A bill to amend the Internal Rev- MCDERMOTT, Mr. FARR of California, EHLERS): enue Code of 1986 increase the income limita- Mr. CAPUANO, Mr. HILLIARD, Mr. H.R. 919. A bill to amend the Higher Edu- tion applicable to heads of household for pur- JACKSON of Illinois, Mr. MATSUI, Mr. cation Act of 1965 to provide scholarships to poses of the Hope and Lifetime Learning COSTELLO, Mr. MCNULTY, Mr. THOMP- students who have demonstrated proficiency credits and the interest deduction on edu- SON of Mississippi, Mr. RUSH, Ms. in mathematics and science courses before cation loans; to the Committee on Ways and VELAZQUEZ, Ms. JACKSON-LEE of graduating high school; to the Committee on Means. Texas, Mr. MCGOVERN, Mr. PAYNE, Education and the Workforce. By Mr. SHAYS: Mrs. MINK of Hawaii, Ms. By Mr. LAMPSON (for himself, Mr. H.R. 929. A bill to amend the Harmonized Tariff Schedule of the United States to pro- SCHAKOWSKY, Mr. EVANS, Ms. WA- FARR of California, Mr. RODRIGUEZ, vide separate subheadings for hair clippers TERS, Mr. WYNN, Mr. FILNER, Mr. Mr. DUNCAN, Mr. TURNER, Mr. GON- used for animals; to the Committee on Ways REYES, Ms. NORTON, Mr. STARK, Mr. ZALEZ, Mr. FROST, and Mrs. and Means. NADLER, Ms. MCKINNEY, Mr. FATTAH, MORELLA): By Mr. SUNUNU (for himself, Mr. Mr. CONYERS, Ms. BALDWIN, Mr. H.R. 920. A bill to establish the Federal WELLER, Mr. DEMINT, Mr. BARTLETT RODRIGUEZ, Mr. KUCINICH, Mr. Elections Review Commission to study the of Maryland, Mr. DOOLITTLE, Mr. GEORGE MILLER of California, Mr. nature and consequences of the Federal elec- TOOMEY, Mr. CALVERT, Mr. SHADEGG, JEFFERSON, Ms. WOOLSEY, Mr. toral process and make recommendations to Mr. OSE, Mr. BASS, Mr. FOLEY, Mr. MALONEY of Connecticut, Ms. LEE, ensure the integrity of, and public con- TANCREDO, Mr. SCHAFFER, Mr. CAN- Ms. PELOSI, Mr. STRICKLAND, Mr. fidence in, Federal elections; to the Com- NON, Mr. CHAMBLISS, Mr. GREEN of TOWNS, Ms. ROYBAL-ALLARD, Ms. mittee on House Administration. Wisconsin, Mr. COX, Mr. SOUDER, Mr. MILLENDER-MCDONALD, Mr. ORTIZ, By Mr. LEWIS of Kentucky: KOLBE, Mr. OTTER, Mr. KIRK, and Ms. Mr. BACA, Mr. CLAY, Mr. MOAKLEY, H.R. 921. A bill to amend the Internal Rev- HART): Mrs. JONES of Ohio, Mr. LIPINSKI, Mr. enue Code of 1986 to reduce the tax on vac- H.R. 930. A bill to modify the annual re- cines to 25 cents per dose; to the Committee ENGEL, Mr. HOEFFEL, Mrs. porting requirements of the Social Security on Ways and Means. CHRISTENSEN, Ms. KILPATRICK, Ms. Act, and for other purposes; to the Com- CARSON of Indiana, Mr. DEFAZIO, Mr. By Mrs. MINK of Hawaii: mittee on Ways and Means. H.R. 922. A bill to amend the Internal Rev- GONZALEZ, Mr. HINCHEY, Mrs. By Mr. TANCREDO (for himself, Mr. NAPOLITANO, Mr. PHELPS, Mr. BRADY enue Code of 1986 to reduce to age 21 the min- PAYNE, Mr. LANTOS, Mr. WOLF, Mr. of Pennsylvania, and Mr. GREEN of imum age for an individual without children WATTS of Oklahoma, Mr. PITTS, Mr. Texas): to be eligible for the earned income credit; CAMP, Mr. EVANS, Mr. WELDON of H.R. 917. A bill to provide for livable wages to the Committee on Ways and Means. Florida, Ms. PELOSI, Mr. MCNULTY, for Federal Government workers and work- By Mr. MORAN of Kansas (for himself, Mr. WHITFIELD, Mr. LEWIS of Ken- ers hired under Federal contracts; to the Mr. POMEROY, Mr. RILEY, Mr. THUNE, tucky, Ms. RIVERS, Mr. BISHOP, Mrs. Committee on Government Reform, and in Mr. GANSKE, Mr. SIMPSON, Mr. TAUSCHER, Mr. KUCINICH, Mr. NEAL of addition to the Committee on Education and MOORE, Mr. HINCHEY, Mr. KIND, Mr. Massachusetts, Ms. NORTON, Mr. DOO- the Workforce, for a period to be subse- ISTOOK, Mr. THORNBERRY, Mr. BEREU- LITTLE, Mr. LAMPSON, Mr. UPTON, Mr. quently determined by the Speaker, in each TER, Mr. JOHNSON of Illinois, Mr. case for consideration of such provisions as HEFLEY, and Mr. CLEMENT): HOSTETTLER, Mr. COMBEST, Mr. H.R. 931. A bill to facilitate famine relief fall within the jurisdiction of the committee MCHUGH, Mr. SESSIONS, and Mr. KEN- concerned. efforts and a comprehensive solution to the NEDY of Minnesota): war in Sudan; to the Committee on Inter- By Mr. HALL of Ohio (for himself, Mr. H.R. 923. A bill to amend the Internal Rev- national Relations. WOLF, Ms. MCKINNEY, Mr. RANGEL, enue Code of 1986 to exclude from net earn- By Mr. UDALL of Colorado (for himself Ms. DELAURO, Mr. EHLERS, Mr. LAN- ings from self-employment certain payments and Mr. WU): TOS, Mr. ABERCROMBIE, Mr. CAPUANO, under the conservation reserve program; to H.R. 932. A bill to provide scholarships for Mr. HALL of Texas, Ms. BALDWIN, Mr. the Committee on Ways and Means. scientists and engineers to become certified BENTSEN, Mr. BROWN of Ohio, Mr. By Mr. NEAL of Massachusetts (for as science, mathematics, and technology CROWLEY, Mr. EVANS, Mr. FRANK, Mr. himself, Mr. TIERNEY, Mr. MCGOVERN, teachers in elementary and secondary HILLIARD, Mr. LAHOOD, Mr. GEORGE Mr. CAPUANO, and Mr. MARKEY): schools; to the Committee on Science. MILLER of California, Mr. MOAKLEY, H.R. 924. A bill to amend the Internal Rev- By Ms. WATERS (for herself, Mrs. Mrs. MORELLA, Mr. NADLER, Ms. RIV- enue Code of 1986 to exclude from gross in- CHRISTENSEN, Ms. SCHAKOWSKY, Ms. ERS, Mr. SANDERS, Mr. SERRANO, Mr. come certain stipends paid as part of a State LEE, Mr. FRANK, Mr. BROWN of Ohio, CLAY, Mr. MEEKS of New York, Mr. program under which individuals who have Ms. PELOSI, Ms. JACKSON-LEE of MCGOVERN, Mr. FILNER, Mr. UDALL of attained age 60 perform essentially volunteer Texas, Mr. CONYERS, and Mr. SAND- Colorado, Mr. STARK, Ms. MILLENDER- services specified by the program; to the ERS): MCDONALD, Ms. PELOSI, Mr. SNYDER, Committee on Ways and Means. H.R. 933. A bill to require certain actions Mr. TANCREDO, Mr. COYNE, Mr. CON- By Mr. NEAL of Massachusetts (for with respect to the availability of HIV/AIDS YERS, Mr. PETERSON of Pennsylvania, himself, Mr. MOAKLEY, Mr. TIERNEY, pharmaceuticals and medical technologies in Mr. LARSEN of Washington, Mr. ACK- Mr. FRANK, Mr. MCGOVERN, Mr. developing countries, including sub-Saharan ERMAN, Mr. SABO, Mr. HINCHEY, Ms. CAPUANO, and Mr. MARKEY): African countries; to the Committee on CARSON of Indiana, Mr. WAXMAN, Mrs. H.R. 925. A bill to amend the Internal Rev- Ways and Means, and in addition to the Com- ROUKEMA, Mr. ENGEL, Mr. OLVER, Mr. enue Code of 1986 to exclude from gross in- mittee on International Relations, for a pe- MARKEY, Mr. CUMMINGS, Mr. come the value of certain real property tax riod to be subsequently determined by the FALEOMAVAEGA, Mr. MCDERMOTT, Mr. reduction vouchers received by senior citi- Speaker, in each case for consideration of ANDREWS, Mr. JEFFERSON, Mrs. zens who provide volunteer services under a such provisions as fall within the jurisdic- CHRISTENSEN, Mrs. CLAYTON, Mr. State program; to the Committee on Ways tion of the committee concerned. BAIRD, Ms. VELAZQUEZ, Mr. DOYLE, and Means. By Ms. JACKSON-LEE of Texas: Mr. FATTAH, Mr. JACKSON of Illinois, By Mr. NEAL of Massachusetts (for H.R. 934. A bill to amend title 5, United Mr. WYNN, Mr. TOWNS, Mr. FORD, Mr. himself, Mr. TIERNEY, Mr. FRANK, Mr. States Code, to establish election day in HASTINGS of Florida, Mrs. JONES of MCGOVERN, Mr. CAPUANO, Mr. OLVER, Presidential election years as a legal public Ohio, Mr. RUSH, Ms. BROWN of Flor- and Mr. MARKEY): holiday, and for other purposes; to the Com- ida, Mr. OWENS, Mrs. MEEK of Flor- H.R. 926. A bill to amend the Internal Rev- mittee on Government Reform. ida, Ms. JACKSON-LEE of Texas, Ms. enue Code of 1986 to clarify that employees By Mrs. NORTHUP (for herself, Mr. LEE, Mr. BISHOP, Ms. NORTON, Mr. of a political subdivision of a State shall not BONILLA, Mr. AKIN, Mr. BACHUS, Mr. SMITH of New Jersey, Mr. DELAHUNT, loose their exemption from the hospital in- BALLENGER, Mr. BARR of Georgia, Mr. Ms. WATERS, Mr. LUTHER, Mr. PAYNE, surance tax by reason of the consolidation of BLUNT, Mr. BOEHNER, Mr. BUYER, Mr. Mr. CLYBURN, and Mr. MEEHAN): the subdivision with the State; to the Com- CANTOR, Mr. COLLINS, Mrs. CUBIN, Mr. H.R. 918. A bill to prohibit the importation mittee on Ways and Means. CULBERSON, Mr. CUNNINGHAM, Mr. of diamonds unless the countries exporting By Mr. OBEY (for himself, Mr. MORAN DELAY, Mr. DOOLITTLE, Mr. HASTINGS the diamonds into the United States have in of Virginia, and Mr. FRANK): of Washington, Mr. HERGER, Mr. place a system of controls on rough dia- H.R. 927. A bill to provide for a tax reduc- HILLEARY, Mr. ISTOOK, Mr. SAM JOHN- monds, and for other purposes; to the Com- tion in the case of low economic growth; to SON of Texas, Mr. KELLER, Mr. MIL- mittee on Ways and Means, and in addition the Committee on Ways and Means, and in LER of Florida, Mr. NORWOOD, Mr. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H741

PAUL, Mr. RAMSTAD, Mr. PORTMAN, Committee on Transportation and Infra- SLAUGHTER, Mr. RUSH, Mr. TAYLOR of North Mr. SCHAFFER, Mr. SKEEN, Mr. structure. Carolina, Mr. SPENCE, Mr. HOBSON, Mr. TANCREDO, Mr. TAYLOR of North PLATTS, Mr. FARR of California, Mr. SNYDER, f Carolina, Mr. WAMP, and Mr. GOOD- Mr. SHOWS, Mr. CAPUANO, Mr. GALLEGLY, Mr. LATTE): ADDITIONAL SPONSORS HOEFFEL, Mr. JONES of North Carolina, Mr. H.J. Res. 35. A joint resolution dis- MCDERMOTT, Mr. COYNE, Mr. KLECZKA, and approving the rule of the Occupational Safe- Under clause 7 of rule XII, sponsors Ms. MILLENDER-MCDONALD. ty and Health Administration relating to were added to public bills and resolu- H.R. 499: Mr. SHAYS. ergonomics; to the Committee on Education tions as follows: H.R. 513: Mr. SOUNDER, Mr. TAYLOR of and the Workforce. H.R. 24: Mr. GOODLATTE. North Carolina, and Mr. BRADY of Pennsyl- By Mr. SCHIFF (for himself, Mr. GIL- H.R. 25: Mr. HINCHEY and Mr. LANTOS. vania. MAN, Mr. LANTOS, Mr. ROHRABACHER, H.R. 28: Mr. UDALL of Colorado and Mr. H.R. 527: Mr. ENGLISH, Mr. HOUGHTON, Mr. Mr. ACKERMAN, Mr. ENGLISH, Mr. GUTIERREZ. WAMP, Mr. DUNCAN, and Mr. RYUN of Kansas. BERMAN, Mr. SIMMONS, Mr. ENGEL, H.R. 42: Mr. SOUDER. H.R. 544: Ms. RIVERS, Mr. MCNULTY, Ms. Mr. BONIOR, Mr. DAVIS of Florida, Ms. H.R. 51: Mr. CALVERT, Mr. UNDERWOOD, Mr. PELOSI, Ms. HOOLEY of Oregon, Ms. MCKIN- BALDWIN, Ms. PELOSI, Mr. OLVER, Mr. STRICKLAND, Mr. GILCHREST, Mr. SMITH of NEY, Mr. ABERCROMBIE, Mr. SOUDER, Mr. JEF- FARR of California, Mr. STARK, Ms. New Jersey, and Mr. ISAKSON. FERSON, Mr. CUMMINGS, Mr. CAPUANO, Ms. KAPTUR, Mr. MCDERMOTT, Mr. CLEM- H.R. 65: Mr. LEWIS of Kentucky. NORTON, Mr. BLAGOJEVICH, Ms. SCHAKOWSKY, ENT, Mr. MCNULTY, Mr. DICKS, and H.R. 68: Mr. MOORE and Mr. WHITFIELD. Mr. WAXMAN, Mr. DAVIS of Illinois, Mrs. Ms. MCCOLLUM): H.R. 80: Mr. RUSH and Mr. STEARNS. JONES of Ohio, Ms. VELA´ ZQUEZ, Mr. H. Con. Res. 52. Concurrent resolution con- H.R. 82: Mr. RUSH. MCDERMOTT, Mr. STARK, and Mr. GUTIERREZ. demning the destruction of pre-Islamic stat- H.R. 99: Mr. NORWOOD and Mr. HEFLEY. H.R. 548: Mr. GOODE, Mr. TURNER, Mr. KEL- ues in Afghanistan by the Taliban regime; to H.R. 100: Mr. WELDON of Pennsylvania, Mr. LER, and Mr. DAVIS of Florida. the Committee on International Relations. WOLF, and Mr. COX. H.R. 557: Mr. ENGLISH. By Mr. BALDACCI: H.R. 101: Mr. WELDON of Pennsylvania, Mr. H.R. 570: Mrs. MORELLA, Mr. WAMP, and Mr. H. Con. Res. 53. Concurrent resolution di- WOLF, and Mr. COX. BOEHLERT. recting the Clerk of the House of Representa- H.R. 102: Mr. WELDON of Pennsylvania, Mr. H.R. 577: Mr. WAMP. tives and the Secretary of the Senate to WOLF, and Mr. COX. H.R. 590: Ms. WOOLSEY. compile and make available to the public the H.R. 103: Mr. ISSA. H.R. 594: Mr. MCDERMOTT and Ms. names of candidates for election to the H.R. 105: Mr. STUMP, Mr. PETERSON of LOFGREN. House of Representatives and the Senate Pennsylvania, Mr. OTTER, Mr. NORWOOD, and H.R. 606: Mr. PASCRELL, Mr. ISRAEL, Mr. who agree to conduct campaigns in accord- Mr. LEWIS of Kentucky. SESSIONS, and Mr. FRELINGHUYSEN. ance with a Code of Election Ethics; to the H.R. 115: Mr. CUNNINGHAM. H.R. 609: Ms. WOOLSEY. Committee on House Administration. H.R. 116: Mr. PAYNE, Mrs. CHRISTENSEN, H.R. 611: Ms. WOOLSEY, Mr. WU, and Mr. By Mr. CHAMBLISS (for himself, Mr. Mr. RUSH, Mr. SAWYER, Mr. BARCIA, and Mr. SANDERS. YOUNG of Alaska, Mr. NORWOOD, Mr. BONIOR. H.R. 612: Mr. PASCRELL, Ms. ROYBAL-AL- ROSS, Mr. DEAL of Georgia, Mr. H.R. 117: Mr. BONIOR. LARD, Mr. HUTCHINSON, Mr. SHAYS, and Ms. RILEY, Mr. PICKERING, Mr. GRAHAM, H.R. 123: Mr. JONES of North Carolina. RIVERS. Mr. SHOWS, Mr. BISHOP, Mr. COBLE, H.R. 129: Mrs. JO ANN DAVIS of Virginia. H.R. 613: Mr. GREEN of Texas, Mr. ORTIZ, Mr. REHBERG, Mr. NETHERCUTT, Mr. H.R. 134: Mr. GREEN of Wisconsin and Ms. and Mr. ROEMER. CALLAHAN, Mr. PETERSON of Pennsyl- WOOLSEY. H.R. 634: Ms. CARSON of Indiana, Mr. vania, Mr. LEWIS of Georgia, Mrs. H.R. 143: Mr. BARRETT, Mr. STUPAK, Mr. FROST, Mr. BALDACCI, Mr. FLAKE, Mr. CUBIN, Mr. GARY MILLER of Cali- CONYERS, Mr. VISCLOSKY, Mr. RAMSTAD, Mr. SOUDER, Mr. SMITH of New Jersey, Mr. fornia, and Mr. BALDACCI): BONIOR, Mr. BROWN of Ohio, and Mr. PETRI. FLETCHER, Mr. HAYES, Mr. REYNOLDS, Mr. H. Con. Res. 54. Concurrent resolution ex- H.R. 219: Mr. LAHOOD. TOOMEY, Ms. PRYCE of Ohio, and Mr. HERGER. pressing the sense of Congress regarding the H.R. 267: Mr. CANNON, Mr. ROSS, and Mr. H.R. 668: Mr. ISAKSON, Ms. RIVERS, Ms. importation of unfairly traded Canadian TIBERI. DELAURO, Ms. NORTON, Mr. EVANS, Mr. ABER- lumber; to the Committee on Ways and H.R. 281: Mr. GOODE, Mr. COYNE, Ms. ROS- CROMBIE, Mr. TRAFICANT, and Ms. HART. Means. LEHTINEN, Mr. SMITH of New Jersey, Mr. H.R. 680: Mr. BONIOR. By Mrs. TAUSCHER (for herself, Mr. QUINN, Mr. CAPUANO, Mrs. KELLY, Mr. TOWNS, H.R. 681: Ms. ROYBAL-ALLARD. HOUGHTON, Mr. ROEMER, Mr. UPTON, Mr. WELLER, Mr. ENGEL, Mr. LAHOOD, and H.R. 683: Mr. GUTIERREZ, Mr. LANTOS, and Mr. KIND, Mr. CASTLE, Mr. DAVIS of Mr. BRADY of Pennsylvania. Mr. LAMPSON. Florida, Mr. GREENWOOD, Mr. FORD, H.R. 285: Ms. HOOLEY of Oregon, Ms. H.R. 688: Ms. CARSON of Indiana. Mr. MORAN of Virginia, Mr. ISRAEL, MILLENDER-MCDONALD, Ms. JACKSON-LEE of H.R. 710: Mrs. JO ANN DAVIS of Virginia, and Ms. SANCHEZ): Texas, Mr. MCDERMOTT, and Mr. FRANK. Mr. MCHUGH, Mr. LANTOS, Mr. COSTELLO, Mr. H. Con. Res. 55. Concurrent resolution to H.R. 292: Ms. HOOLEY of Oregon. WOLF, Mr. ETHERIDGE, Mr. NEY, and Mr. express the sense of Congress regarding the H.R. 303: Ms. SCHAKOWSKY, Mr. LEWIS of ROSS. use of a safety mechanism to link long-term Kentucky, Mrs. MALONEY of New York, and H.R. 713: Mr. WYNN and Ms. CARSON of Indi- Federal budget surplus reductions with ac- Mr. SUNUNU. ana. tual budgetary outcomes; to the Committee H.R. 336: Mr. FROST. H.R. 716: Mr. STEARNS, Mr. REYNOLDS, and on the Budget. H.R. 356: Mr. LAHOOD and Mr. FILNER. Mr. HAYWORTH. By Mr. WELLER: H.R. 361: Mr. FATTAH. H.R. 744: Mr. ABERCROMBIE and Ms. PRYCE H. Con. Res. 56. Concurrent resolution ex- H.R. 365: Mr. BAIRD. of Ohio. pressing the sense of the Congress regarding H.R. 384: Mr. WALSH. H.R. 755: Mr. SCHAFFER, Mr. GONZALEZ, National Pearl Harbor Remembrance Day; to H.R. 425: Mr. FATTAH. Mrs. TAUSCHER, Mr. FRANK, Mr. PAYNE, and the Committee on Government Reform. H.R. 428: Ms. HOOLEY of Oregon, Mr. OXLEY, Mr. SIMMONS. By Mr. THUNE: H. Res. 82. A resolution designating major- Mr. BAKER, Mr. LAMPSON, Mr. PETERSON of H.R. 770: Mr. MEEKS of New York and Ms. ity membership on certain standing commit- Minnesota, Mr. STENHOLM, Mr. UNDERWOOD, BALDWIN. tees of the House; considered and agreed to. Mr. BARTLETT of Maryland, Ms. CARSON of H.R. 821: Mr. BALLENGER, Mr. BURR of By Mr. NEY: Indiana, Mr. HALL of Texas, Mrs. NORTHUP, North Carolina, Mrs. CLAYTON, Mr. HAYES, H. Res. 84. A resolution providing for the Mr. KENNEDY of Rhode Island, Mr. CROWLEY, Mr. JONES of North Carolina, Mr. ETHERIDGE, expenses of certain committees of the House Mr. REYES, Mr. BONIOR, Mr. CANNON, and Mr. Mr. MCINTYRE, Mrs. MYRICK, Mr. PRICE of of Representatives in the One Hundred Sev- SWEENEY. North Carolina, Mr. TAYLOR of North Caro- enth Congress; to the Committee on House H.R. 435: Mr. DEAL of Georgia, Mr. BURR of lina, and Mr. WATT of North Carolina. Administration. North Carolina, Mr. GREEN of Wisconsin, Mr. H.R. 823: Mr. RANGEL. CLEMENT, Mr. LEWIS of Kentucky, and Mr. H.R. 862: Mr. GALLEGLY and Mr. GUTIER- f SESSIONS. REZ. PRIVATE BILLS AND H.R. 460: Ms. CARSON of Indiana and Mr. H.R. 876: Mr. MCINNIS and Mr. SHAW. RESOLUTIONS PAYNE. H.R. 877: Mr. WAMP. H.R. 488: Mr. HOLT, Mr. LUTHER, Mr. H.R. 886: Ms. HART and Mrs. JONES of Ohio. Under clause 3 of rule XII, PASCRELL, Mr. ENGEL, Ms. ESHOO, and Ms. H.R. 887: Mr. PASCRELL and Ms. HART. Mr. GRAHAM introduced a bill (H.R. 935) MILLENDER-MCDONALD. H.R. 891: Mrs. MINK of Hawaii. to authorize the Secretary of Transporation H.R. 496: Mr. DOOLITTLE. H.J. Res. 8: Mr. KELLER and Mr. WAMP. to issue a certificate of documentation with H.R. 497: Mr. SCHAFFER and Mr. HEFLEY. H.J. Res. 20: Mrs. JO ANN DAVIS of Virginia appropriate endorsement for employment in H.R. 498: Mr. LATHAM, Mr. BAKER, Mr. and Mr. RILEY. the coastwise trade and fisheries for the CHABOT, Mr. LARSON of Connecticut, Mr. PE- H. Con. Res. 17: Ms. SCHAKOWSKY, Mr. vessell Tokeena; which was referred to the TERSON of Pennsylvania, Mr. SKELTON, Ms. MCGOVERN, Ms. RIVERS, Mr. DOGGETT, Ms. H742 CONGRESSIONAL RECORD — HOUSE March 7, 2001

PELOSI, Mr. MATSUI, Ms. MCCARTHY of Mis- Mr. SCHROCK, Mr. KIRK, Mr. PITTS, Mr. MAN- Mr. PAYNE, Mrs. TAUSCHER, Mr. ABER- souri, Mr. RANGEL, Mr. CLAY, Mr. NADLER, ZULLO, Mr. FLAKE, Mr. OSBORNE, Mr. GIB- CROMBIE, Mrs. MORELLA, Mr. MCDERMOTT, Mr. MCDERMOTT, Mr. ALLEN, Mr. WEXLER, BONS, Mr. FLETCHER, and Mr. SAM JOHNSON of Mr. FILNER, Mr. SERRANO, Ms. NORTON, Mr. Mr. SHERMAN, Mr. BRADY of Pennsylvania, Texas. BACA, Ms. DELAURO, Mr. DAVIS of Florida, and Mrs. HARMAN. H. Con. Res. 41: Mr. MCGOVERN, Mr. SMITH and Mr. TOWNS. H. Con. Res. 23: Mr. CALVERT and Mr. of New Jersey, Mr. LEACH, Mr. ROHRABACHER, H. Res. 23: Mr. BRADY of Pennsylvania, Mr. LEWIS of Kentucky. and Mr. DAVIS of Florida. REYES, and Mr. HOLDEN. H. Con. Res. 25: Mr. ENGLISH and Mr. H. Con. Res. 47: Mr. SCARBOROUGH. H. Res. 26: Ms. MCKINNEY, Mr. BRADY of FOSSELLA. H. Res. 18: Ms. JACKSON-LEE of Texas, Ms. Pennsylvania, Mr. STARK, and Mr. MCGOV- H. Con. Res. 26: Mrs. BONO. VELA´ ZQUEZ, Mr. BONIOR, Ms. KAPTUR, Mr. LA- ERN. H. Con. Res. 30: Mr. FOSSELLA, Mr. GILMAN, FALCE, Mr. LEWIS of Georgia, Mrs. H. Res. 48: Mr. NADLER and Mr. SMITH of Mr. SENSENBRENNER, Mr. RYUN of Kansas, NAPOLITANO, Mr. BRADY OF PENNSYLVANIA, New Jersey.