The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“WORKPLACE VIOLENCE PREVENTION FOR HEALTH CARE AND SOCIAL SERVICE WORKERS ACT” mentioning the U.S. Dept of Labor was published in the House of Representatives section on pages H9145-H9154 on Nov. 21, 2019.
The Department provides billions in unemployment insurance, which peaked around 2011 though spending had declined before the pandemic. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, claimed the Department funds "ineffective and duplicative services" and overregulates the workplace.
The publication is reproduced in full below:
WORKPLACE VIOLENCE PREVENTION FOR HEALTH CARE AND SOCIAL SERVICE
WORKERS ACT
The SPEAKER pro tempore (Mr. Brown of Maryland). Pursuant to House Resolution 713 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the state of the Union for the further consideration of the bill, H.R. 1309.
Will the gentlewoman from Texas (Ms. Jackson Lee) kindly resume the chair.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the Whole House on the state of the Union for the further consideration of the bill (H.R. 1309) to direct the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes, with Ms. Jackson Lee in the chair.
The Clerk read the title of the bill.
The CHAIR. When the Committee of the Whole rose earlier today, amendment No. 5 printed in part B of House Report 116-302 offered by the gentleman from Michigan (Mr. Levin) had been disposed of.
Amendment No. 6 Offered by Mr. Green of Texas
The CHAIR. It is now in order to consider amendment No. 6 printed in part B of House Report 116-302.
Mr. GREEN of Texas. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 22, line 5, after ``(4)(C).'' insert the following:
``Not later than May 15 of each year, the Secretary shall provide to Congress a report containing statistical data with respect to, and a summary of, reports submitted to the Secretary under this paragraph. The contents of the report of the Secretary shall not disclose any confidential information.' ''
The CHAIR. Pursuant to House Resolution 713, the gentleman from Texas
(Mr. Green) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. GREEN of Texas. Madam Chair, I am proud to be a sponsor of H.R. 1309 for a multiplicity of reasons, and I thank Mr. Courtney for introducing this legislation.
Madam Chair, I am proud to tell you also that within my congressional district in Houston, Texas, we have the largest medical center in the world.
Madam Chair, annually, the Houston Medical Center encounters 10 million patients. The Houston Medical Center also, Madam Chair, has 106,000 employees. The Houston Medical Center is 17 times larger than the average city in the United States of America.
We understand the scope of this problem, and there is a problem. But, sometimes, problems are not best explained with statistical information. Sometimes, the words of people can make the difference in understanding a problem.
I have within my hand a letter from the National Nurses United organization. Hear now their words:
Violence on the job has become endemic for RNs and other workers in healthcare and social assistance settings. Nurses report being punched, kicked, bitten, beaten, and threatened with violence as they provide care to others. Far too many have experienced stabbing and shootings.
Madam Chair, the evidence is overwhelming. We do have a problem. To understand the scope of the problem, you have to have some intelligence accorded some repository so that it can be properly assessed. The Secretary of Labor will be the repository. We will get the information to the Secretary.
But this is not enough, to merely have the Secretary of Labor have the sense of what the scope is. The buck stops with Congress. Congress needs to know the scope of the problem. If changes are necessary and not being made, the buck stops with us. We will have to encounter this, and we will have to take up our duty, responsibility, and obligation to provide the proper legislation.
With this understanding, we have filed amendment No. 6. This amendment understands that the Secretary will receive the information, and then this amendment would require the Secretary to annually report to Congress so that Congress will have the transparency that the Secretary has so that Congress may take appropriate action when necessary. Understanding the scope of the problem helps you understand the scope of a necessary solution, if there is one.
Madam Chair, I reserve the balance of my time.
Ms. FOXX of North Carolina. I claim the time in opposition, Madam Chair.
The CHAIR. The gentlewoman from North Carolina is recognized for 5 minutes.
Ms. FOXX of North Carolina. Madam Chair, it is very disturbing to me as a citizen of this country, to hear the talk about increasing incidents of violence. We know that is occurring all over our country, everywhere. However, this bill is not going to respond to the underlying causes of that increased violence, and neither will this amendment.
This amendment ignores the fundamental reason that employers maintain good recordkeeping. It allows employers to review their internal procedures and determine how to improve their safety culture. While it is very important for facilities to keep accurate records of incidents, responses to incidents, and annual data, providing this information annually to OSHA will not result in greater safety benefits.
Requiring the Secretary of Labor to provide this data to Congress goes yet another ill-advised step further. Employers utilize these records to improve internal management processes in order to protect their workplace. However, if they must submit these reports to OSHA, which will, in turn, provide them to Congress, this will discourage the use of these records to make improvements, as the employer has no guarantee the records will not be released by OSHA either intentionally or unintentionally.
Workplace violence records must be maintained and protected onsite as they contain personal employee information as well as patient-client information. An OSHA inspector would still have the right to review the records upon inspection of the facility.
Again, this amendment's provisions and the underlying recordkeeping and reporting provisions in H.R. 1309 should be thoroughly vetted and discussed during a true rulemaking process and should not be mandated by Congress. We definitely should be looking at the underlying reasons that workplace violence is increasing, and neither this bill nor this amendment will have any impact on that.
Madam Chair, I yield back the balance of my time.
Mr. GREEN of Texas. Madam Chair, may I inquire what time is remaining.
The CHAIR. The gentleman from Texas has 2 minutes remaining.
Mr. GREEN of Texas. Madam Chair, the gentlewoman from North Carolina and I are very dear friends, and I have great respect for her. In fact, I have a deep, abiding affinity for her humanity.
But, today, I am reminded of the words of Ruth Smeltzer. Ruth Smeltzer reminds us that:
Some measure their lives by days and years, Others by heartthrobs, passions, and tears; But the surest measure under the Sun, Is what in your lifetime for others you have done.
Madam Chair, this day provides us an opportunity to do something for others who are in harm's way, who are caregivers, and who are doing what they can to provide the kind of healthcare services that we need. They do it at great risk. We are the people who can minimize that risk. It is our responsibility to do for others what we would have others do for us. If I were a healthcare worker, I would want Congress to take this kind of appropriate action to protect me.
I also would remind my colleagues that if we do nothing, at some point, we will find people reluctant to go into this area of endeavor. Who wants to go to work with the fear of being harmed?
I love my dear lady from North Carolina, but we respectfully disagree. The buck stops here.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman from Texas (Mr. Green).
The amendment was agreed to.
Amendment No. 7 offered by Mr. Brown of Maryland
The CHAIR. It is now in order to consider amendment No. 7 printed in part B of House Report 116-302.
Mr. BROWN of Maryland. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 15, after line 7, insert the following:
(D) Additional training shall be provided for each such covered employee whose job circumstances require working with victims of torture, trafficking, or domestic violence.
Page 15, line 8, redesignate subparagraph (D) as subparagraph (E).
Page 15, line 11, redesignate subparagraph (E) as subparagraph (F).
Page 15, line 15, redesignate subparagraph (F) as subparagraph (G).
Page 15, line 23, redesignate subparagraph (G) as subparagraph (H).
The CHAIR. Pursuant to House Resolution 713, the gentleman from Maryland (Mr. Brown) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. BROWN of Maryland. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I want first to recognize the hard work of my colleague from Connecticut, Congressman Joe Courtney, on the underlying bill and for making workplace safety a priority.
Workplace violence is a serious problem and occurs more often than we may realize. According to the Occupational Safety and Health Administration, incidents of serious workplace violence were 12 times higher among healthcare and social service workers, and 70 percent of nonfatal workplace assaults occurred in the healthcare and social assistance sectors.
Nurses, physicians, emergency responders, medical assistance, and social workers care for our families in our times of need, and violence against them has reached epidemic proportions.
The range of patients, clients, and demands these workers encounter on any given day can expose them to occupational risks with little training on what they should do if those interactions turn violent.
With uneven Federal enforcement, States are leading the way to address this issue, establishing a process for recording, responding to, and tracking incidents of workplace violence and requiring regular workplace violence prevention training.
Similarly, the underlying bill addresses training needs for employees who may be exposed to workplace violence, hazards, and risks. However, each situation is not always the same. Not all circumstances and patients are the same. We must adjust our training to reflect all communities and situations that professionals may face on the job.
My amendment ensures additional training for employees who work with victims of torture, human trafficking, and domestic violence. As a result of trauma, many survivors develop emotional and mental health problems that require timely, comprehensive, and compassionate treatment, even if the situation involved physical or psychological assaults.
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These factors necessitate a different approach from our medical professionals and must be a part of workplace violence trainings, particularly in healthcare settings.
Proper training on best practices like de-escalation can help ensure the safety of both the patient and the healthcare worker. In doing so, we can prevent further trauma that could be detrimental to the survivors' recovery.
I have long been a champion for survivors of abuse and will continue to do so. Safe work environments and quality care are mutually reinforcing; both must be considered in order to promote positive outcomes for patients in our communities.
I strongly encourage my colleagues to support this amendment and the underlying legislation, and I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I seek time in opposition to the amendment.
The CHAIR. The gentlewoman from North Carolina is recognized for 5 minutes.
Ms. FOXX of North Carolina. Madam Chair, while the amendment is well-
intentioned, there are Federal agencies other than OSHA that would be better equipped to handle this type of regulatory requirement for the education of healthcare workers who work with the individuals identified in the amendment.
The question of whether employer education programs governed by OSHA are appropriate to address the objectives of the amendment should be thoroughly vetted and discussed during the rulemaking process before decisions impacting employers are made.
Unfortunately, H.R. 1309 bypasses the opportunities for that conversation to take place, such as a small business panel and public hearings, and this amendment does nothing to change that.
A question of additional education for specific employees is exactly the kind of issue that should be addressed by receiving feedback from affected stakeholders in the rulemaking process, but this opportunity is foreclosed by H.R. 1309.
Amendments like the one we are debating don't change the fact that H.R. 1309 fails to allow for the development of a feasible and effective workplace violence prevention standard.
Madam Chair, I yield back the balance of my time.
Mr. BROWN of Maryland. Madam Chair, I yield the balance of my time to the gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Madam Chair, again I rise in strong support of Mr. Brown's amendment, which I think makes a good bill even better and does focus on one of the causes, which, again, it is no big secret in terms of what is driving this upward trajectory.
Domestic violence, in particular, is one of those types of cases that are coming through the emergency room doors--agitated patients, sometimes family members there--and that is where, again, we know nurses, nursing assistants, and docs are being subjected to unprecedented levels of assault.
That is why the Emergency Room Nurses Association just issued an endorsement of H.R. 1309. Again, this is a trade association. This is a union-affiliated organization. They represent emergency room nurses all across America in union and nonunion settings.
We have already heard earlier today that the emergency room docs have come out for this.
Again, what Mr. Brown's measure does is focus on one of the causes that is causing the unprecedented and unacceptable levels of assault that are taking place in healthcare settings.
I just want to close by saying my wife, Audrey, whom I have been married to for 30 years, is a pediatric nurse practitioner who works in a specialty clinic at Connecticut Children's Hospital that deals with victims of child sexual abuse and physical abuse, and that is precisely the type of patient that Mr. Brown's amendment is focused on.
Again, if you want to talk about high tension, high-risk environment in terms of those types of cases that come through, which, again, is causing unprecedented incidents out there, this amendment helps those employees to make sure that they are going to be able to deal with these cases and continue to go on and be productive in the healthcare system.
So, again, I want to thank Mr. Brown for offering this amendment.
Mr. BROWN of Maryland. Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman from Maryland (Mr. Brown).
The amendment was agreed to.
Amendment No. 8 Offered Ms. Garcia of Texas
The CHAIR. It is now in order to consider amendment No. 8 printed in part B of House Report 116-302.
Ms. GARCIA of Texas. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 22, line 16, redesignate paragraph (7) as paragraph
(8).
Page 22, after line 15, insert the following:
(7) Plan updates.--Each covered employer shall incorporate changes to the Plan, in a manner consistent with paragraph
(1)(A)(i) and based on findings from the most recent annual evaluation conducted under paragraph (6), as appropriate.
The CHAIR. Pursuant to House Resolution 713, the gentlewoman from Texas (Ms. Garcia) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. GARCIA of Texas. Madam Chair, I am proud to cosponsor H.R. 1309, introduced by my colleague, Congressman Joe Courtney.
This bill requires the Secretary of Labor to develop a comprehensive workplace safety and health standard. Ultimately, this legislation will protect the millions of workers in the healthcare and social service industries by implementing a violence prevention plan.
Prevention plans and training are critical tools to mitigate dangerous situations if and when violent emergencies occur in the workplace. Clear and effective plans that address violence prevention benefit both the workers and their patients or clients; and violence prevention plans catered to the respective industries, using evidence-
based practices, are even more effective.
In the healthcare and social service industries especially, workplace safety reforms are much-needed.
Social workers, like healthcare workers, are particularly vulnerable and susceptible to instances of workplace violence. Workers in both of these professions interact daily with people struggling with mental health, addiction, and/or recovering from trauma.
Madam Chair, let me just tell you, personally, that I have been impacted by this. I am a former social worker. I will tell this quick story.
I went to make a home visit. I was a geriatric social worker at the time. It was in a house, a shutdown house right down Lyons and Jensen.
I believe, Madam Chair, that is in your district now.
I knocked on the door, and to my surprise and shock and fear, a little old lady--she was probably about 85 or 90--comes out with a gun pointing right at my face, pointing right at my face.
That is not what a social worker experts when they are coming to visit a home to make plans for a home healthcare aide, which is what I was doing.
But she thought that I was there to take a child away from her that she had in her home and that I was a child welfare worker, so she was defending her son. Actually, it was a street child.
I had to convince her with every persuasive part of my body that I was not there to take her child, that I was actually there to help her and give her a home health aide to help her in her home. And quite miraculously, I talked her out of it, and I actually got her to put the gun away.
Now, I was lucky, but, regrettably, those things may still be happening out there in America: a social worker facing a gun, a social worker facing violence, a social worker facing harm or injury to herself or others.
So that is what this bill is about. It is not about what the employers will or will not do; it is about the protection of the workers and making sure that the employers do have plans, much like they do for hurricanes, that they have plans for violence.
So all employees, regardless of the line of work, deserve to feel safe and not feel the fear that I did that day and to be protected from violence in their workplaces.
They also deserve to have peace of mind that an informed violence prevention plan is in place. With that in mind, I am proud to offer an amendment to an already excellent bill.
My amendment would ensure that annual evaluations of violence prevention plans include changes based on informed findings by employers. Employers can use their personal experiences or lessons learned to effectively update the violence prevention plan in their mandatory annual plan reviews.
Simply put, the goal of this amendment is to enhance the participation and protection of covered employers and employees in the creation of updating their annual plans. This is a commonsense amendment intended to implement best practices.
Employer input, along with employee input, will create the best violence prevention plans possible. It will also help industries update their prevention plans, as needed, to cater to that specific industry's needs.
Madam Chair, I urge my colleagues to support the amendment, and I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I rise in opposition to the amendment.
The CHAIR. The gentlewoman from North Carolina is recognized for 5 minutes.
Ms. FOXX of North Carolina. First, Madam Chair, I would like to express my condolences to our colleague for the situation that she found herself in with the person she was trying to help. No one wants to be in that kind of situation, and I am very sorry that it has happened.
But this amendment is just another example that H.R. 1309 was poorly drafted, rushed, and not well thought out. The provisions and requirements relating to the details of maintaining a workplace violence prevention plan should be thoroughly vetted during the rulemaking process.
In the established rulemaking process, stakeholders can comment on what provisions should be included in the final standard. This allows for robust evaluation of what provisions ultimately help create the most feasible and protective safety and health standard possible.
We all share in the common goal of preventing workplace violence in healthcare and social service settings. We need to trust that the rulemaking process will result in the most protective standard possible.
Healthcare professionals deserve the right to comment on a highly complex and new standard. This amendment does not address the underlying concerns with the bill.
Democrat amendments to the bill, such as the one we are debating, do not change these basic facts. This bill is unworkable in its current form, and this amendment doesn't change the fact that H.R. 1309 fails to allow for the development of a workable, effective, and feasible workplace violence prevention standard.
Madam Chair, I yield back the balance of my time.
Ms. GARCIA of Texas. Madam Chair, I accept the condolences, but, fortunately for me, I was under threat but did not die. Regrettably, that situation may happen again and someone may die, and that is what I just want to underscore is that social workers, healthcare workers, all social service workers are put in danger many times.
This bill and this amendment would simply make sure that we got participation and input from the employers, the employees, and everyone concerned to make sure that we have a good plan and that we use best practices, because, regrettably, not much seems to have changed since the days when I was a social worker.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentlewoman from Texas (Ms. Garcia).
The amendment was agreed to.
Amendment No. 9 Offered by Ms. Wexton
The CHAIR. It is now in order to consider amendment No. 9 printed in part B of House Report 116-302.
Ms. WEXTON. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 23, line 23, strike ``and''.
Page 24, line 2, strike the period and insert a semicolon.
Page 24, after line 2, insert the following:
(3) nothing in this Act shall be construed to limit or diminish any protections in relevant Federal, State, or local law related to--
(A) domestic violence;
(B) stalking;
(C) dating violence; and
(D) sexual assault.
The CHAIR. Pursuant to House Resolution 713, the gentlewoman from Virginia (Ms. Wexton) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Virginia.
Ms. WEXTON. Madam Chair, I thank the gentleman from Connecticut (Mr. Courtney) for introducing this important bipartisan legislation.
My amendment to H.R. 1309 is a clarifying amendment to ensure that nothing in this act shall be construed to limit or diminish any existing protections in relevant Federal, State, or local law related to domestic violence, stalking, dating violence, or sexual assault.
According to a 2016 OSHA report, approximately 75 percent of the nearly 25,000 workplace assaults reported each year occur in healthcare and social service settings, and workers in healthcare settings are four times more likely to be assaulted at work than workers in other sectors.
These cases have led to psychological trauma, not only for the victim, but also for those who have witnessed these attacks, as well as serious injury and even death.
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With workplace violence on the rise, it is vital that Congress address this issue to ensure the safety of workers, and that is why this bill is so important.
While most incidents of workplace violence fit the definition of simple assault, a study by the Joint Commission showed that sexual assault, rape, and stalking are not uncommon. Approximately 38 States include rape, sexual assault, and stalking in their definition of domestic violence.
My amendment makes it clear that nothing in the underlying legislation preempts or diminishes these protections in any way.
According to the Bureau of Labor Statistics, less than 30 percent of U.S. workplaces have a formal program or policy that addresses workplace violence, and 7 out of 10 workplaces do not have formal domestic violence programs or policy. That means that more than 70 percent of U.S. workplaces have inadequate protections against workplace violence.
Innova Health Systems, one of the major healthcare providers in Northern Virginia, recently conducted a survey at their hospital in my district on the incidence and cost of nurse workplace violence perpetrated by hospital patients or patient visitors. The results showed that 75 percent of nurses experienced violence within the past year, with emergency nurses experiencing significantly greater number of incidents. Nurses reported many barriers to reporting these incidents, including unclear reporting policies, fear of retaliation, and the disheartening perception that violence just comes with the job.
These statistics show that the current voluntary efforts to prevent workplace violence are not working. The results of the Innova survey highlight a real need for effective training and clear, convenient reporting programs and environments that support workers who are experiencing violence. This bill seeks to address this need.
As a former domestic violence prosecutor, I have seen firsthand how laws protect and provide valuable resources to the more than 12 million individuals who are survivors of violent crime. I offer this amendment to ensure that it is abundantly clear that workplace violence prevention plans developed under this bill complement existing legal protections against domestic violence and sexual assault and in no way diminishes or limit those protections.
It is crucial that our laws at the State, Federal, and local levels continue to help and support victims of domestic violence, stalking, dating violence, and sexual assault, which is precisely what my amendment does.
I urge my colleagues to support this amendment, and I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I rise in opposition to the amendment, although I am not opposed to it.
The CHAIR. Without objection, the gentlewoman from North Carolina is recognized for 5 minutes.
There was no objection.
Ms. FOXX of North Carolina. Madam Chair, this amendment is yet another well-intentioned addition to a flawed bill. A provision this obvious should have been included in the underlying text, but Democrats are unnecessarily rushing through this legislation even though OSHA is working on a rulemaking.
What other seemingly obvious provisions or considerations are left out of the bill that are not being offered as amendments today? And which mandates included in the bill are unworkable, costly and ill-
advised? These questions are exactly why the established regulatory process solicits necessary feedback from stakeholders and the public.
H.R. 1309 circumvents a longstanding established OSHA rulemaking process, which is intended to research thoroughly the underlying circumstances and gather meaningful stakeholder input in order to create the most feasible and protective safety and health standards possible.
By dodging the established regulatory process, H.R. 1309 will miss key issues like the ones addressed in this amendment. This bill is unworkable in its current form, and Democrat amendments don't change the fact that H.R. 1309 fails to allow for the development of a workable, effective, and feasible workplace violence prevention standard.
Madam Chair, I yield back the balance of my time.
Ms. WEXTON. Madam Chair, I simply request that my colleagues support this underlying amendment and the underlying bill. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentlewoman from Virginia (Ms. Wexton).
The question was taken; and the Chair announced that the noes appeared to have it.
Ms. WEXTON. Madam Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentlewoman from Virginia will be postponed.
Amendment No. 10 Offered by Mr. Delgado
The CHAIR. It is now in order to consider amendment No. 10 printed in part B of House Report 116-302.
Mr. DELGADO. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 2, line 13, strike ``and''.
Page 2, line 20, strike the period and insert ``; and''.
Page 2, after line 20, insert the following:
(C) that provides for a period determined appropriate by the Secretary, not to exceed 1 year, during which the Secretary shall prioritize technical assistance and advice consistent with section 21(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 670(d)) to employers subject to the standard with respect to compliance with the standard.
The CHAIR. Pursuant to House Resolution 713, the gentleman from New York (Mr. Delgado) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. DELGADO. Madam Chair, I yield myself such time as I may consume.
I want to first thank my colleague, Congressman Courtney, for his leadership on this bill, the Workplace Violence Prevention for Health Care and Social Service Workers Act. This is long overdue legislation to protect our Nation's caregivers, including nurses and physicians and many others who dedicate their lives to healing.
Workplace violence is far too common in facilities that are supposed to be places of rehabilitation, treatment, and therapy. Last year the Bureau of Labor Statistics found that healthcare and social service workers were over four times as likely to suffer a serious injury from workplace violence than workers in other sectors.
The legislation we are considering today would make an important improvement in workplace safety by defining workplace violence as any act or threat of force against an employee that could result in physical injury, psychological trauma, or stress and ensure that OSHA and employers develop and implement comprehensive and workplace-
specific plans to prevent such violence.
These plans will not only protect employees but also keep patients, visitors, and those in medical facilities out of harm's way. We all deserve to feel protected in hospitals and social service settings, and this bill would accomplish that.
However, to facilitate these plans, we need to work in partnership with employers and businesses to ensure that they have the proper resources and information to comply with these protection plans.
My amendment seeks to strengthen this legislation by prioritizing technical assistance for employers during the first year of the bill's implementation being enacted. This business-friendly amendment will work to ensure our employers are equipped with the tools to better protect their employees and prevent workplace violence.
I encourage my colleagues on both sides of the aisle to support our healthcare and social service facilities across the country and include my amendment to strengthen the underlying bill.
Let's stand with our Nation's employees and employers to make our workplaces safer for everyone.
Madam Chair, I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I rise in opposition to the amendment.
The CHAIR. The gentlewoman from North Carolina is recognized for 5 minutes.
Ms. FOXX of North Carolina. Madam Chair, this amendment is simply more window dressing on a flawed bill.
While technical assistance is welcome and appropriate, this amendment places an arbitrary time limit that is woefully insufficient to cope with the flawed rule, and there is no telling how short an unfriendly administration might allow this needed advice period to last.
Moreover, technical assistance after employers are subject to a rule in which they had no input is too little too late. Rather than amend a flawed bill by allowing the Department of Labor to help businesses after they are subject to a flawed rule, we should reject this bill and instead allow OSHA to pursue its established rulemaking process that provides ample opportunity for feedback from stakeholders and the public before they are subject to another Washington regulation.
Democrat amendments to the bill, such as the one we are debating, do not change the basic fact that H.R. 1309 is overly prescriptive and circumvents the established rulemaking process, failing to allow for the development of a workable, effective, and feasible workplace violence prevention standard.
This amendment should be defeated. Madam Chair, I yield back the balance of my time.
Mr. DELGADO. Madam Chair, I yield 1 minute to the gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Madam Chair, again, I want to congratulate Mr. Delgado for his amendment.
And I want to point out the fact that when we voted on the rule yesterday, there was a self-effectuating provision that eliminated 500,000 healthcare workplaces from the scope of this bill. Again, it was at the suggestion of CBO because, frankly, it was never our intention to include doctors' offices, podiatrists' offices, dentists' offices. That is not what this bill is about. It is about larger healthcare facilities, which we know are the hotspots where this type of unfortunate activity goes on.
OSHA, just so you know, has a free consultation program for employers, 90 percent funded by OSHA in all 50 states, that will provide free assistance as new rules and regulations are rolled out.
And I want to again say, Mr. Delgado's amendment, which just foot stomps the fact that we want to prioritize the flow of information is, in my opinion, a very benign request and very much sensitive to employers in facilities all across the country.
Again, we took care of the small guys in the rule yesterday, and this amendment, again, just makes sure that anyone else will have all the help that they need to understand the new rules.
Mr. DELGADO. Madam Chair, I just want to piggyback on that, if I may, and say, with over 27,000 small businesses in my district, it is a priority of mine. As somebody who is a part of the Small Business Committee, I take very seriously the ways in which our government is able to aid and not frustrate the workings of our local economy.
I would like to, once again, thank Congressman Courtney for introducing this critical legislation, and I urge Members on both sides of the aisle to support my amendment.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman from New York (Mr. Delgado).
The question was taken; and the Chair announced that the ayes appeared to have it.
Mr. DELGADO. Madam Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from New York will be postponed.
Announcement by the Chair
The CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments printed in part B of House Report 116-302 on which further proceedings were postponed, in the following order:
Amendment No. 3 by Mr. Byrne of Alabama.
Amendment No. 4 by Mr. Harder of California.
Amendment No. 9 by Ms. Wexton of Virginia.
Amendment No. 10 by Mr. Delgado of New York.
The Chair will reduce to 2 minutes the minimum time for any electronic vote after the first vote in this series.
Amendment No. 3 Offered by Mr. Byrne
The CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from Alabama (Mr. Byrne) on which further proceedings were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 177, noes 238, not voting 21, as follows:
AYES--177
AbrahamAderholtAllenAmashAmodeiArmstrongArringtonBabinBaconBairdBaldersonBanksBarrBergmanBilirakisBishop (NC)Bishop (UT)BostBradyBrooks (AL)Brooks (IN)BuchananBuckBucshonBuddBurchettBurgessByrneCalvertCarter (GA)ChabotCheneyClineColeCollins (GA)ComerConawayCookCrawfordCrenshawCurtisDavidson (OH)Davis, RodneyDesJarlaisDiaz-BalartDuncanDunnEmmerEstesFergusonFleischmannFoxx (NC)FulcherGaetzGallagherGianforteGibbs GohmertGonzalez (OH)Gonzalez-Colon (PR)GoodenGrangerGraves (GA)Graves (LA)Graves (MO)GrothmanGuestGuthrieHagedornHarrisHern, KevinHerrera BeutlerHice (GA)Higgins (LA)Hill (AR)HoldingHollingsworthHudsonHuizengaHunterHurd (TX)Johnson (LA)Johnson (OH)Johnson (SD)JordanJoyce (OH)Joyce (PA)KellerKelly (MS)Kelly (PA)King (NY)KinzingerKustoff (TN)LaHoodLaMalfaLambornLattaLeskoLongLoudermilkLucasLuetkemeyerMarchantMarshallMastMcAdamsMcCarthyMcCaulMcClintockMcHenryMcKinleyMeadowsMeuserMillerMitchellMoolenaarMooney (WV)MullinMurphy (NC)NewhouseNormanNunesOlsonPalazzoPalmerPencePerryPoseyRatcliffeRice (SC)RigglemanRobyRodgers (WA)Roe, David P.Rogers (AL)Rogers (KY)Rooney (FL)Rose, John W.RouzerRutherfordScaliseSchweikertScott, AustinSensenbrennerShimkusSimpsonSmith (MO)Smith (NE)SmuckerSpanoSteilSteubeStewartTaylorThompson (PA)ThornberryTiptonTurnerWagnerWalbergWaldenWalkerWalorskiWaltzWatkinsWeber (TX)Webster (FL)WenstrupWestermanWilliamsWilson (SC)WittmanWomackWoodallWrightYohoZeldin
NOES--238
AdamsAllredAxneBarraganBassBeattyBeraBeyerBiggsBlumenauerBlunt RochesterBonamiciBoyle, Brendan F.BrindisiBrown (MD)Brownley (CA)BustosButterfieldCarbajalCarson (IN)CartwrightCaseCasten (IL)Castor (FL)Castro (TX)Chu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverCloudClyburnCohenConnollyCorreaCostaCourtneyCox (CA)CraigCristCrowCuellarCunninghamDavids (KS)Davis (CA)Davis, Danny K.DeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDeutchDingellDoggettDoyle, Michael F.EngelEscobarEshooEspaillatFinkenauerFitzpatrickFletcherFortenberryFosterFrankelGallegoGaramendiGarcia (IL)Garcia (TX)GoldenGomezGonzalez (TX)GosarGottheimerGreen (TN)Green, Al (TX)GrijalvaHaalandHarder (CA)HartzlerHastingsHayesHeckHiggins (NY)HimesHorn, Kendra S.HorsfordHoulahanHoyerJackson LeeJayapalJeffriesJohnson (GA)Johnson (TX)KapturKatkoKeatingKelly (IL)KennedyKhannaKildeeKilmerKimKindKing (IA)KirkpatrickKrishnamoorthiKuster (NH)LambLangevinLarsen (WA)Larson (CT)LawrenceLawson (FL)Lee (CA)Lee (NV)Levin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLowenthalLoweyLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMassieMatsuiMcBathMcCollumMcGovernMcNerneyMeeksMengMooreMorelleMucarsel-PowellMurphy (FL)NadlerNapolitanoNealNeguseNorcrossNortonO'HalleranOcasio-CortezOmarPallonePanettaPappasPascrellPaynePerlmutterPetersPetersonPhillipsPingreePlaskettPocanPorterPressleyPrice (NC)QuigleyRaskinReedRice (NY)Rose (NY)RoudaRoyRoybal-AllardRuizRuppersbergerRushRyanSablanSan NicolasSanchezSarbanesScanlonSchakowskySchiffSchneiderSchraderSchrierScott (VA)Scott, DavidSewell (AL)ShalalaShermanSherrillSiresSlotkinSmith (NJ)Smith (WA)SotoSpanbergerSpeierStantonStauberStefanikStevensSuozziSwalwell (CA)TakanoThompson (CA)Thompson (MS)TitusTonkoTorres (CA)Torres Small (NM)TrahanTroneUnderwoodUptonVan DrewVargasVeaseyVelaVelazquezViscloskyWasserman SchultzWatersWatson ColemanWelchWextonWildWilson (FL)YarmuthYoung
NOT VOTING--21
AguilarBishop (GA)CardenasCarter (TX)CooperEvansFloresFudgeGabbardGriffithHuffmanLewisMcEachinMoultonRadewagenReschenthalerRichmondSerranoStiversTimmonsTlaib
{time} 1156
Mr. DOGGETT, Ms. PLASKETT, Messrs. GOSAR, O'HALLERAN, Mrs. KIRKPATRICK, Messrs. VAN DREW, CARSON of Indiana, STANTON, SCHRADER, LAWSON of Florida, and ROSE of New York changed their vote from ``aye'' to ``no.''
Mr. WALDEN and Miss GONZALEZ-COLON of Puerto Rico changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 4 Offered by Mr. Harder of California
The CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from California (Mr. Harder) on which further proceedings were postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 414, noes 1, not voting 21, as follows:
AYES--414
AbrahamAdamsAderholtAllenAllredAmashAmodeiArmstrongArringtonAxneBabinBaconBairdBaldersonBanksBarrBarraganBassBeraBergmanBeyerBiggsBilirakisBishop (NC)Bishop (UT)BlumenauerBlunt RochesterBonamiciBostBoyle, Brendan F.BradyBrindisiBrooks (AL)Brooks (IN)Brown (MD)Brownley (CA)BuchananBuckBucshonBuddBurchettBurgessBustosButterfieldByrneCalvertCarbajalCardenasCarson (IN)Carter (GA)Carter (TX)CartwrightCaseCasten (IL)Castor (FL)Castro (TX)ChabotCheneyChu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverClineCloudClyburnCohenColeCollins (GA)ComerConawayConnollyCookCorreaCostaCourtneyCox (CA)CraigCrawfordCrenshawCristCrowCuellarCunninghamCurtisDavids (KS)Davidson (OH)Davis (CA)Davis, Danny K.Davis, RodneyDeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDesJarlaisDeutchDiaz-BalartDingellDoggettDoyle, Michael F.DuncanDunnEmmerEngelEscobarEshooEspaillatEstesFergusonFinkenauerFitzpatrickFleischmannFletcherFortenberryFosterFoxx (NC)FrankelFulcherGaetzGallagherGallegoGaramendiGarcia (IL)Garcia (TX)GianforteGibbsGohmertGoldenGomezGonzalez (OH)Gonzalez-Colon (PR)GoodenGosarGottheimerGrangerGraves (GA)Graves (LA)Graves (MO)Green (TN)Green, Al (TX)GriffithGrijalvaGrothmanGuestGuthrieHaalandHagedornHarder (CA)HarrisHartzlerHastingsHayesHeckHern, KevinHerrera BeutlerHice (GA)Higgins (LA)Higgins (NY)Hill (AR)HimesHoldingHollingsworthHorn, Kendra S.HorsfordHoulahanHoyerHudsonHuizengaHunterHurd (TX)Jackson LeeJayapalJeffriesJohnson (GA)Johnson (LA)Johnson (OH)Johnson (SD)Johnson (TX)JordanJoyce (OH)Joyce (PA)KapturKatkoKeatingKellerKelly (IL)Kelly (MS)Kelly (PA)KennedyKhannaKildeeKilmerKimKindKing (IA)King (NY)KinzingerKirkpatrickKrishnamoorthiKuster (NH)Kustoff (TN)LaHoodLaMalfaLambLambornLangevinLarsen (WA)Larson (CT)LattaLawrenceLawson (FL)Lee (CA)Lee (NV)LeskoLevin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLongLoudermilkLowenthalLoweyLucasLuetkemeyerLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMarchantMarshallMastMatsuiMcAdamsMcBathMcCarthyMcCaulMcClintockMcCollumMcGovernMcHenryMcKinleyMcNerneyMeadowsMeeksMengMeuserMillerMitchellMoolenaarMooney (WV)MorelleMucarsel-PowellMullinMurphy (FL)Murphy (NC)NadlerNapolitanoNealNeguseNewhouseNorcrossNormanNortonNunesO'HalleranOcasio-CortezOlsonPalazzoPallonePalmerPanettaPappasPascrellPaynePencePerlmutterPerryPetersPetersonPhillipsPingreePlaskettPocanPorterPoseyPressleyPrice (NC)QuigleyRaskinRatcliffeReedRice (NY)Rice (SC)RigglemanRobyRodgers (WA)Roe, David P.Rogers (AL)Rogers (KY)Rooney (FL)Rose (NY)Rose, John W.RoudaRouzerRoyRoybal-AllardRuizRuppersbergerRushRutherfordRyanSablanSan NicolasSanchezSarbanesScaliseScanlonSchakowskySchiffSchneiderSchraderSchrierSchweikertScott (VA) Scott, AustinScott, DavidSensenbrennerSewell (AL)ShalalaShermanSherrillShimkusSimpsonSiresSlotkinSmith (MO)Smith (NE)Smith (NJ)Smith (WA)SmuckerSotoSpanbergerSpanoSpeierStantonStauberStefanikSteilSteubeStevensStewartSuozziSwalwell (CA)TakanoTaylorThompson (CA)Thompson (MS)Thompson (PA)ThornberryTiptonTitusTlaibTonkoTorres (CA)Torres Small (NM)TrahanTroneTurnerUnderwoodUptonVan DrewVargasVeaseyVelaVelazquezViscloskyWagnerWalbergWaldenWalkerWalorskiWaltzWasserman SchultzWatersWatkinsWatson ColemanWeber (TX)Webster (FL)WelchWenstrupWestermanWextonWildWilliamsWilson (FL)Wilson (SC)WittmanWomackWoodallWrightYarmuthYohoYoungZeldin
NOES--1
Massie
NOT VOTING--21
AguilarBeattyBishop (GA)CooperEvansFloresFudgeGabbardGonzalez (TX)HuffmanLewisMcEachinMooreMoultonOmarRadewagenReschenthalerRichmondSerranoStiversTimmons
Announcement by the Chair
The CHAIR (during the vote). There is 1 minute remaining.
{time} 1202
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 9 Offered by Ms. Wexton
The CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentlewoman from Virginia (Ms. Wexton) on which further proceedings were postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 415, noes 1, not voting 20, as follows:
AYES--415
AbrahamAdamsAderholtAllenAllredAmashAmodeiArmstrongArringtonAxneBabinBaconBairdBaldersonBanksBarrBarraganBassBeattyBeraBergmanBeyerBiggsBilirakisBishop (NC)Bishop (UT)BlumenauerBlunt RochesterBonamiciBostBoyle, Brendan F.BradyBrindisiBrooks (AL)Brooks (IN)Brown (MD)Brownley (CA)BuchananBuckBucshonBuddBurchettBurgessBustosButterfieldByrneCalvertCarbajalCardenasCarson (IN)Carter (GA)Carter (TX)CartwrightCasten (IL)Castor (FL)Castro (TX)ChabotCheneyChu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverClineCloudClyburnCohenColeCollins (GA)ComerConawayConnollyCookCorreaCostaCourtneyCox (CA)CraigCrawfordCrenshawCristCrowCuellarCunninghamCurtisDavids (KS)Davidson (OH)Davis (CA)Davis, Danny K.Davis, RodneyDeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDesJarlaisDeutchDiaz-BalartDingellDoggettDoyle, Michael F.DuncanDunnEmmerEngelEscobarEshooEspaillatEstesFergusonFinkenauerFitzpatrickFleischmannFletcherFortenberryFosterFoxx (NC)FrankelFulcherGaetzGallagherGallegoGaramendiGarcia (IL)Garcia (TX)GianforteGibbsGohmertGoldenGomezGonzalez (OH)Gonzalez (TX)Gonzalez-Colon (PR)GoodenGosarGottheimerGrangerGraves (GA)Graves (LA)Graves (MO)Green (TN)Green, Al (TX)GriffithGrijalvaGrothmanGuestGuthrieHaalandHagedornHarder (CA)HarrisHartzlerHastingsHayesHeckHern, KevinHerrera BeutlerHice (GA)Higgins (LA)Higgins (NY)Hill (AR)HimesHoldingHollingsworthHorn, Kendra S.HorsfordHoulahanHoyerHuizengaHunterHurd (TX)Jackson LeeJayapalJeffriesJohnson (GA)Johnson (LA)Johnson (OH)Johnson (SD)Johnson (TX)JordanJoyce (OH)Joyce (PA)KapturKatkoKeatingKellerKelly (IL)Kelly (MS)Kelly (PA)KennedyKhannaKildeeKilmerKimKindKing (IA)King (NY)KinzingerKirkpatrickKrishnamoorthiKuster (NH)Kustoff (TN)LaHoodLaMalfaLambLambornLangevinLarsen (WA)Larson (CT)LattaLawrenceLawson (FL)Lee (CA)Lee (NV)LeskoLevin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLongLoudermilkLowenthalLoweyLucasLuetkemeyerLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMarchantMarshallMastMatsuiMcAdamsMcBathMcCarthyMcCaulMcClintockMcCollumMcGovernMcHenryMcKinleyMcNerneyMeadowsMeeksMengMeuserMillerMitchellMoolenaarMooney (WV)MorelleMucarsel-PowellMullinMurphy (FL)Murphy (NC)NadlerNapolitanoNealNeguseNewhouseNorcrossNormanNortonNunesO'HalleranOcasio-CortezOlsonOmarPalazzoPallonePalmerPanettaPappasPascrellPaynePencePerlmutterPerryPetersPetersonPhillipsPingreePlaskettPocanPorterPoseyPressleyPrice (NC)QuigleyRaskinRatcliffeReedRice (NY)Rice (SC)RigglemanRobyRodgers (WA)Roe, David P.Rogers (AL)Rogers (KY)Rooney (FL)Rose (NY)Rose, John W.RoudaRouzerRoyRoybal-AllardRuizRuppersbergerRushRutherfordRyanSablanSan NicolasSanchezSarbanesScaliseScanlonSchakowskySchiffSchneiderSchraderSchrierSchweikertScott (VA)Scott, AustinScott, DavidSensenbrennerSewell (AL)ShalalaShermanSherrillShimkusSimpsonSiresSlotkinSmith (MO)Smith (NE)Smith (NJ)Smith (WA)SmuckerSotoSpanbergerSpanoSpeierStantonStauberStefanikSteilSteubeStevensStewartSuozziSwalwell (CA)TakanoTaylorThompson (CA)Thompson (MS)Thompson (PA)ThornberryTiptonTitusTlaibTonkoTorres (CA)Torres Small (NM)TrahanTroneTurnerUnderwoodUptonVan DrewVargasVeaseyVelaVelazquezViscloskyWagnerWalbergWaldenWalkerWalorskiWaltzWasserman SchultzWatersWatkinsWatson ColemanWeber (TX)Webster (FL)WelchWenstrupWestermanWextonWildWilliamsWilson (FL)Wilson (SC)WittmanWomackWoodallWrightYarmuthYohoYoungZeldin
NOES--1
Massie
NOT VOTING--20
AguilarBishop (GA)CaseCooperEvansFloresFudgeGabbardHudsonHuffmanLewisMcEachinMooreMoultonRadewagenReschenthalerRichmondSerranoStiversTimmons
{time} 1208
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 10 Offered by Mr. Delgado
The CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from New York (Mr. Delgado) on which further proceedings were postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 242, noes 176, not voting 18, as follows:
AYES--242
AdamsAllredAxneBaconBarraganBassBeattyBeraBeyerBlumenauerBlunt RochesterBonamiciBostBoyle, Brendan F.BrindisiBrown (MD)Brownley (CA)BustosButterfieldCarbajalCardenasCarson (IN)CartwrightCaseCasten (IL)Castor (FL)Castro (TX)Chu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverClyburnCohenConnollyCorreaCostaCourtneyCox (CA)CraigCristCrowCuellarCunninghamDavids (KS)Davidson (OH)Davis (CA)Davis, Danny K.Davis, RodneyDeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDeutchDingellDoggettDoyle, Michael F.EngelEscobarEshooEspaillatFinkenauerFitzpatrickFletcherFortenberryFosterFrankel GallegoGaramendiGarcia (IL)Garcia (TX)GoldenGomezGonzalez (TX)GottheimerGraves (LA)Green, Al (TX)GrijalvaGrothmanHaalandHarder (CA)HartzlerHastingsHayesHeckHerrera BeutlerHiggins (NY)HimesHollingsworthHorn, Kendra S.HorsfordHoulahanHoyerHurd (TX)Jackson LeeJayapalJeffriesJohnson (GA)Johnson (TX)Joyce (OH)KapturKatkoKeatingKelly (IL)KennedyKhannaKildeeKilmerKimKindKirkpatrickKrishnamoorthiKuster (NH)LambLangevinLarsen (WA)Larson (CT)LawrenceLawson (FL)Lee (CA)Lee (NV)Levin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLowenthalLoweyLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMatsuiMcAdamsMcBathMcCollumMcGovernMcNerneyMeeksMengMorelleMucarsel-PowellMurphy (FL)NadlerNapolitanoNealNeguseNorcrossNortonO'HalleranOcasio-CortezOmarPallonePanettaPappasPascrellPaynePerlmutterPetersPetersonPhillipsPingreePlaskettPocanPorterPressleyPrice (NC)QuigleyRaskinReedRice (NY)Rose (NY)RoudaRoybal-AllardRuizRuppersbergerRushRyanSablanSan NicolasSanchezSarbanesScanlonSchakowskySchiffSchneiderSchraderSchrierScott (VA)Scott, DavidSewell (AL)ShalalaShermanSherrillSiresSlotkinSmith (NJ)Smith (WA)SotoSpanbergerSpeierStantonStauberStefanikStevensSuozziSwalwell (CA)TakanoThompson (CA)Thompson (MS)TitusTlaibTonkoTorres (CA)Torres Small (NM)TrahanTroneUnderwoodUptonVan DrewVargasVeaseyVelaVelazquezViscloskyWasserman SchultzWatersWatson ColemanWelchWextonWildWilson (FL)Yarmuth
NOES--176
AbrahamAderholtAllenAmashAmodeiArmstrongArringtonBabinBairdBaldersonBanksBarrBergmanBiggsBilirakisBishop (NC)Bishop (UT)BradyBrooks (AL)Brooks (IN)BuchananBuckBucshonBuddBurchettBurgessByrneCalvertCarter (GA)Carter (TX)ChabotCheneyClineCloudColeCollins (GA)ComerConawayCookCrawfordCrenshawCurtisDesJarlaisDiaz-BalartDuncanDunnEmmerEstesFergusonFleischmannFoxx (NC)FulcherGaetzGallagherGianforteGibbsGohmertGonzalez (OH)Gonzalez-Colon (PR)GoodenGosarGrangerGraves (GA)Graves (MO)Green (TN)GriffithGuestGuthrieHagedornHarrisHern, KevinHice (GA)Higgins (LA)Hill (AR)HoldingHudsonHuizengaHunterJohnson (LA)Johnson (OH)Johnson (SD)JordanJoyce (PA)KellerKelly (MS)Kelly (PA)King (IA)King (NY)KinzingerKustoff (TN)LaHoodLaMalfaLambornLattaLeskoLongLoudermilkLucasLuetkemeyerMarchantMarshallMassieMastMcCarthyMcCaulMcClintockMcHenryMcKinleyMeadowsMeuserMillerMitchellMoolenaarMooney (WV)MullinMurphy (NC)NewhouseNormanNunesOlsonPalazzoPalmerPencePerryPoseyRatcliffeRice (SC)RigglemanRobyRodgers (WA)Roe, David P.Rogers (AL)Rogers (KY)Rooney (FL)Rose, John W.RouzerRoyRutherfordScaliseSchweikertScott, AustinSensenbrennerShimkusSimpsonSmith (MO)Smith (NE)SmuckerSpanoSteilSteubeStewartTaylorThompson (PA)ThornberryTiptonTurnerWagnerWalbergWaldenWalkerWalorskiWaltzWatkinsWeber (TX)Webster (FL)WenstrupWestermanWilliamsWilson (SC)WittmanWomackWoodallWrightYohoYoungZeldin
NOT VOTING--18
AguilarBishop (GA)CooperEvansFloresFudgeGabbardHuffmanLewisMcEachinMooreMoultonRadewagenReschenthalerRichmondSerranoStiversTimmons
Announcement by the Chair
The CHAIR (during the vote). There is 1 minute remaining.
{time} 1214
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIR (Mr. Payne). There being no further amendments under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms. Jackson Lee) having assumed the chair, Mr. Payne, Acting Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 1309) to direct the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan, and for other purposes, and, pursuant to House Resolution 713, he reported the bill, as amended by that resolution, back to the House with sundry further amendments adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is ordered.
Is a separate vote demanded on any further amendment reported from the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was read the third time.
Motion to Recommit
Mr. KELLY of Pennsylvania. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. KELLY of Pennsylvania. I am in its current form.
Mr. COURTNEY. Madam Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Kelly of Pennsylvania moves to recommit the bill H.R. 1309 to the Committee on Education and Labor with instructions to report the same back to the House forthwith, with the following amendment:
Add at the end the following:
TITLE III--SENSE OF CONGRESS
SEC. 301. SENSE OF CONGRESS.
It is the sense of the Congress that the current House majority has failed to deliver results for the American people on critical issues facing our Nation by prioritizing impeachment of the President over working with the administration and Republicans in Congress to enact policies such as the following:
(1) An Act implementing the United States-Mexico-Canada Trade Agreement.
(2) The National Defense Authorization Act for fiscal year 2020.
(3) The Department of Defense Appropriations Act for fiscal year 2020.
(4) Legislation to secure operational control of the southern border.
(5) Bipartisan legislation to lower prescription drug prices.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Pennsylvania is recognized for 5 minutes in support of his motion.
Mr. KELLY of Pennsylvania. Madam Speaker, as we get ready to leave the House today and go home for Thanksgiving, I think it has been alarming that, as we read the newspapers, as we listen, we find that so many families are not going to be celebrating Thanksgiving together because of the political divide that is taking place, not only here on the floor of the people's House, but in our homes.
It is incredible to me that we have allowed our political rhetoric to divide not only Republicans and Democrats on the floor, but also our families back home. This has never happened before in the Speaker's House. We should never have this happening on the floor.
Now, look, I know that we have differences of opinions. The relentless pursuit to delegitimize the election of Donald Trump has taken over any activity that should be taking place on the floor of the people's House.
Madam Speaker, as we stand here in the House, on the floor of the people's House, and we get ready to depart for Thanksgiving celebration, it is hard to imagine what it is that this majority has in mind when it comes to legislation because we are not doing legislation. We have concentrated on impeachment.
Now, I would ask all Members to recommit, and recommit for the purposes that the American people elected us: to do legislation that makes sense, to do legislation that is long overdue, to do legislation that is critical, to do legislation that makes sense for every single American.
I appeal to you, not as a Republican, but as an American.
Have we left this floor and decided that we can no longer work together? Because the American people are drawing that conclusion.
And when I go home, they say to me: Can't you all agree on anything?
And I say: Yes, we can.
Madam Speaker, we have wasted precious time and millions of hardworking American taxpayer dollars on a pursuit of an effort to impeach a President of the United States. We have done nothing to legislate and to act in the best interest of every American.
I would ask again that we look at what we are doing as Americans and not as Republicans or Democrats, because the people back home can't understand why it is that they sent us here to do what we are not doing today. Why? Why are we not doing it?
Madam Speaker, at some point, I would hope and pray that the greatest nation the world has ever known, the defenders of liberty and freedom all over the world, could take a look and see what we are doing right now and ask: What is the message we are sending to the rest of the world?
Really? America is caught up in an effort to impeach the duly elected President of the United States? And why? Because we have been so consumed with hate that we can no longer see straight.
Look, why are we not passing the United States-Mexico-Canada trade agreement, which is a jobs bill?
Why are we not passing the National Defense Authorization Act for fiscal year 2020, which is critical to our safety?
Why are we not passing the Department of Defense Appropriations Act?
Madam Speaker, I appreciate you, but I am going to ask my colleagues to please extend to me the same respect that I extend to you.
The SPEAKER pro tempore. Members are reminded to address their remarks to the Chair.
Mr. KELLY of Pennsylvania. I would, Madam Speaker, but I don't think the other side is interested in hearing what I have to say.
Madam Speaker, we also have not passed the Department of Defense Appropriations Act. Can you believe we are that irresponsible?
Legislation to secure operational control of our southern border, we are not doing that.
And we are not doing bipartisan legislation to lower prescription drug prices and handle surprise billings and preexisting conditions.
Why are we not doing those things that are the most important things to our citizens back home?
I would ask that we look into what we are doing and if we are doing it strictly for political purposes and in a power grab. That is not why the American people sent us here. That is not why the majority on the floor of the House changed during the last election.
But now people are seeing exactly what happens when the majority switches up, and when I go home, people ask me: Why aren't you doing something about what is happening in Congress today?
I say: You know what. That was America's choice, not ours. When we are in the majority, we are able to govern.
Madam Speaker, I would like to sincerely wish all of our colleagues a happy Thanksgiving. God bless America.
I yield back the balance of my time.
Point of Order
Mr. COURTNEY. Madam Speaker, I insist on my point of order.
The SPEAKER pro tempore. The gentleman is recognized on his point of order.
Mr. COURTNEY. Madam Speaker, on behalf of America's nurses, doctors, and social workers who are begging for relief from unprecedented levels of workplace violence, I insist upon my point of order. The motion violates clause 7 of rule XVI, the germaneness rule.
The SPEAKER pro tempore. Does any Member wish to be heard on the point of order?
If not, the Chair is prepared to rule.
The gentleman from Connecticut makes a point of order that the instructions proposed in the motion to recommit offered by the gentleman from Pennsylvania are not germane.
Clause 7 of rule XVI, the germaneness rule, provides that no proposition on a subject different from that under consideration shall be admitted under color of amendment.
The bill addresses Department of Labor standards for workplace violence prevention and Medicare eligibility based on those standards. The instructions in the motion express the sense of Congress with respect to the prioritization of certain legislative items.
The amendment proposed in the motion to recommit addresses a different subject matter than the subject matter of workplace violence prevention as addressed by the underlying bill. Accordingly, the Chair finds that the instructions propose an amendment that is not confined to the subject matter of the underlying bill. The amendment is not germane and the point of order is sustained.
=========================== NOTE ===========================
November 21, 2019, on page H9153, the following appeared: The amendment is nongermane and the point of order is sustained.
The online version has been corrected to read: The amendment is not germane and the point of order is sustained.
========================= END NOTE =========================
Mr. KELLY of Pennsylvania. Madam Speaker, I appeal the ruling of the Chair.
The SPEAKER pro tempore. The question is, Shall the decision of the Chair stand as the judgment of the House?
Motion to Table
Mr. HOYER. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Hoyer moves to lay the appeal on the table.
The SPEAKER pro tempore. The question is on the motion to table.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Recorded Vote
Mr. KELLY of Pennsylvania. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5-
minute vote on the motion to table will be followed by a 5-minute vote on passage of the bill, if arising without further proceedings in recommittal.
The vote was taken by electronic device, and there were--ayes 222, noes 188, not voting 20, as follows:
AYES--222
AdamsAllredAmashAxneBarraganBassBeattyBeraBeyerBlumenauerBlunt RochesterBonamiciBoyle, Brendan F.BrindisiBrown (MD)Brownley (CA)BustosButterfieldCarbajalCardenasCarson (IN)CartwrightCaseCasten (IL)Castor (FL)Castro (TX)Chu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverClyburnCohenConnollyCorreaCostaCourtneyCox (CA)CraigCristCrowCuellarCunninghamDavids (KS)Davis (CA)Davis, Danny K.DeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDeutchDingellDoggettDoyle, Michael F.EngelEscobarEshooEspaillatFinkenauerFletcherFosterFrankelGallegoGaramendiGarcia (IL)Garcia (TX)GoldenGomezGonzalez (TX)GottheimerGreen, Al (TX)GrijalvaHaalandHarder (CA)HastingsHayesHeckHiggins (NY)HimesHorn, Kendra S.HorsfordHoulahanHoyerJackson LeeJayapalJeffriesJohnson (GA)Johnson (TX)KapturKeatingKelly (IL)KennedyKhannaKildeeKilmerKimKindKirkpatrickKrishnamoorthiKuster (NH)LambLangevinLarsen (WA)Larson (CT)LawrenceLawson (FL)Lee (CA)Lee (NV)Levin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLowenthalLoweyLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMassieMatsuiMcAdamsMcBathMcCollumMcGovernMcNerneyMeeksMengMorelleMucarsel-PowellMurphy (FL)NadlerNapolitanoNealNeguseNorcrossO'HalleranOcasio-CortezOmarPallonePanettaPappasPascrellPaynePerlmutterPetersPetersonPhillipsPingreePocanPorterPressleyPrice (NC)QuigleyRaskinRice (NY)Rose (NY)RoudaRoyRoybal-AllardRuizRuppersbergerRushRyanSanchezSarbanesScanlonSchakowskySchiffSchneiderSchraderSchrierScott (VA)Scott, DavidSewell (AL)ShalalaShermanSherrillSiresSlotkinSmith (WA)SotoSpanbergerSpeierStantonStevensSuozziSwalwell (CA)TakanoThompson (CA)Thompson (MS)TitusTlaibTonkoTorres (CA)Torres Small (NM)TrahanTroneUnderwoodVan DrewVargasVeaseyVelaVelazquezViscloskyWasserman SchultzWatersWatson ColemanWelchWextonWildWilson (FL)Yarmuth
NOES--188
AbrahamAderholtAllenAmodeiArmstrongArringtonBabinBaconBairdBaldersonBanksBarrBergmanBiggsBilirakis Bishop (NC)Bishop (UT)BostBradyBrooks (AL)Brooks (IN)BuchananBuckBucshonBuddBurchettBurgessCalvertCarter (GA)Carter (TX)ChabotCheneyClineCloudColeCollins (GA)ComerConawayCookCrawfordCrenshawCurtisDavidson (OH)Davis, RodneyDesJarlaisDiaz-BalartDuncanDunnEmmerEstesFergusonFitzpatrickFleischmannFortenberryFoxx (NC)FulcherGaetzGallagherGianforteGibbsGohmertGonzalez (OH)GoodenGosarGrangerGraves (GA)Graves (LA)Graves (MO)Green (TN)GriffithGrothmanGuestGuthrieHagedornHarrisHartzlerHern, KevinHerrera BeutlerHice (GA)Higgins (LA)Hill (AR)HoldingHollingsworthHudsonHuizengaHunterHurd (TX)Johnson (LA)Johnson (OH)Johnson (SD)JordanJoyce (OH)Joyce (PA)KellerKelly (MS)Kelly (PA)King (IA)King (NY)KinzingerKustoff (TN)LaHoodLaMalfaLambornLattaLeskoLongLoudermilkLucasLuetkemeyerMarchantMarshallMastMcCarthyMcCaulMcClintockMcHenryMcKinleyMeadowsMeuserMillerMitchellMoolenaarMooney (WV)MullinMurphy (NC)NewhouseNormanNunesOlsonPalazzoPalmerPencePerryPoseyRatcliffeReedRice (SC)RobyRodgers (WA)Roe, David P.Rogers (AL)Rogers (KY)Rooney (FL)Rose, John W.RouzerRutherfordScaliseSchweikertScott, AustinSensenbrennerShimkusSimpsonSmith (MO)Smith (NE)Smith (NJ)SmuckerSpanoStauberStefanikSteilSteubeStewartTaylorThompson (PA)ThornberryTiptonTurnerUptonWagnerWalbergWaldenWalkerWalorskiWaltzWatkinsWeber (TX)Webster (FL)WenstrupWestermanWilliamsWilson (SC)WittmanWomackWoodallWrightYohoYoungZeldin
NOT VOTING--20
AguilarBishop (GA)ByrneCooperEvansFloresFudgeGabbardHuffmanKatkoLewisMcEachinMooreMoultonReschenthalerRichmondRigglemanSerranoStiversTimmons
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes remaining.
{time} 1235
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Recorded Vote
Ms. FOXX of North Carolina. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 251, noes 158, not voting 21, as follows:
AYES--251
AdamsAllredAxneBaconBarraganBassBeattyBeraBeyerBlumenauerBlunt RochesterBonamiciBostBoyle, Brendan F.BrindisiBrooks (IN)Brown (MD)Brownley (CA)BucshonBurgessBustosButterfieldCarbajalCardenasCarson (IN)CartwrightCaseCasten (IL)Castor (FL)Castro (TX)Chu, JudyCicillineCisnerosClark (MA)Clarke (NY)ClayCleaverClyburnCohenColeConnollyCookCorreaCostaCourtneyCox (CA)CraigCristCrowCuellarCunninghamDavids (KS)Davis (CA)Davis, Danny K.Davis, RodneyDeanDeFazioDeGetteDeLauroDelBeneDelgadoDemingsDeSaulnierDeutchDingellDoggettDoyle, Michael F.EngelEscobarEshooEspaillatFinkenauerFitzpatrickFletcherFortenberryFosterFrankelGallegoGaramendiGarcia (IL)Garcia (TX)GoldenGomezGonzalez (TX)GottheimerGraves (LA)Green, Al (TX)GrijalvaHaalandHarder (CA)HartzlerHastingsHayesHeckHerrera BeutlerHiggins (NY)HimesHorn, Kendra S.HorsfordHoulahanHoyerHurd (TX)Jackson LeeJayapalJeffriesJohnson (GA)Johnson (TX)Joyce (OH)KapturKatkoKeatingKelly (IL)KennedyKhannaKildeeKilmerKimKindKing (NY)KirkpatrickKrishnamoorthiKuster (NH)LambLangevinLarsen (WA)Larson (CT)LawrenceLawson (FL)Lee (CA)Lee (NV)LeskoLevin (CA)Levin (MI)Lieu, TedLipinskiLoebsackLofgrenLowenthalLoweyLujanLuriaLynchMalinowskiMaloney, Carolyn B.Maloney, SeanMarchantMatsuiMcAdamsMcBathMcCollumMcGovernMcKinleyMcNerneyMeeksMengMorelleMucarsel-PowellMurphy (FL)NadlerNapolitanoNealNeguseNewhouseNorcrossO'HalleranOcasio-CortezOmarPallonePanettaPappasPascrellPaynePerlmutterPetersPetersonPhillipsPingreePocanPorterPressleyPrice (NC)QuigleyRaskinReedRice (NY)Rodgers (WA)Roe, David P.Rose (NY)RoudaRoybal-AllardRuizRuppersbergerRushRyanSanchezSarbanesScanlonSchakowskySchiffSchneiderSchraderSchrierScott (VA)Scott, DavidSewell (AL)ShalalaShermanSherrillSiresSlotkinSmith (NJ)Smith (WA)SotoSpanbergerSpeierStantonStauberStefanikStevensSuozziSwalwell (CA)TakanoThompson (CA)Thompson (MS)TiptonTitusTlaibTonkoTorres (CA)Torres Small (NM)TrahanTroneUnderwoodUptonVan DrewVargasVeaseyVelaVelazquezViscloskyWaldenWasserman SchultzWatersWatson ColemanWelchWextonWildWilson (FL)YarmuthYoungZeldin
NOES--158
AbrahamAderholtAllenAmashAmodeiArmstrongArringtonBabinBairdBaldersonBanksBarrBergmanBiggsBilirakisBishop (NC)Bishop (UT)BradyBrooks (AL)BuchananBuckBuddBurchettCalvertCarter (GA)Carter (TX)ChabotCheneyClineCloudCollins (GA)ComerConawayCrawfordCurtisDavidson (OH)DesJarlaisDiaz-BalartDuncanDunnEmmerEstesFergusonFleischmannFoxx (NC)FulcherGaetzGallagherGianforteGibbsGohmertGonzalez (OH)GoodenGrangerGraves (GA)Graves (MO)Green (TN)GriffithGrothmanGuestGuthrieHagedornHarrisHern, KevinHice (GA)Higgins (LA)Hill (AR)HoldingHollingsworthHudsonHuizengaHunterJohnson (LA)Johnson (OH)Johnson (SD)JordanJoyce (PA)KellerKelly (MS)Kelly (PA)King (IA)KinzingerKustoff (TN)LaHoodLaMalfaLambornLattaLongLoudermilkLucasLuetkemeyerMarshallMassieMastMcCarthyMcCaulMcClintockMcHenryMeadowsMeuserMillerMitchellMoolenaarMooney (WV)MullinMurphy (NC)NormanNunesOlsonPalazzoPalmerPencePerryPoseyRatcliffeRice (SC)RigglemanRobyRogers (AL)Rogers (KY)Rooney (FL)Rose, John W.RouzerRoyRutherfordScaliseSchweikertScott, AustinSensenbrennerShimkusSimpsonSmith (MO)Smith (NE)SmuckerSpanoSteilSteubeStewartTaylorThompson (PA)ThornberryTurnerWagnerWalbergWalkerWalorskiWaltzWeber (TX)Webster (FL)WenstrupWestermanWilliamsWilson (SC)WittmanWomackWoodallWrightYoho
NOT VOTING--21
AguilarBishop (GA)ByrneCooperCrenshawEvansFloresFudgeGabbardGosarHuffmanLewisMcEachinMooreMoultonReschenthalerRichmondSerranoStiversTimmonsWatkins
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes remaining.
{time} 1242
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
