Floor Statements

Mr. Speaker, I rise today in strong opposition to H.R. 2731, the misnamed and ill-considered Occupational Safety and Health Small Business Access to Justice Act. In 2002, 5,524 workers were killed on the job because of dramatic injuries. In 2002, almost 60,000 workers died from occupational diseases. And in 2002, over 5 million workers were injured or fell ill on the job.

For some perspective, approximately 56,000 Americans died between 1958 and 1975 in the Vietnam War. The American workplace leads to the same number of deaths in a single year. With this in the background, it is mystifying to me that today we are considering a bill to significantly weaken OSHA and to make the workplace less safe, as H.R. 2731 would do by requiring OSHA to pay attorney's fees in any case in which it does not prevail.

The effect of this bill would be to discourage OSHA from bringing enforcement actions against dangerous workplaces. OSHA would have to calculate the odds of winning against the cost to its budget if it loses. That would render the Federal cop on the workplace safety beat timid.

Let us be clear, no one would suggest the government should pay the attorney's fees of criminal defendants merely because they have been acquitted. So just as the concept underlying this bill would make our streets more dangerous if applied to the criminal code, something no one in this House would support, it would make our workplaces more dangerous if applied to the OSHA law.

I ask my colleagues, should the level of protection the law provides Americans vanish the moment the workers walk from the street to the shop room floor? That is the concept promoted by this bill. And make no mistake, although current law may not consider deaths resulting from willful disregard of basic safety procedures a criminal matter, such shameful instances are absolutely criminal.

I think it is clear this bill is designed to weaken enforcement of workplace safety laws, to further distance exploited workers from the justice they and their families deserve under the law, and it will severely handicap OSHA by discouraging it to cite employers unless the agency is utterly certain it will win.

Given the importance of OSHA's core mission of protecting workers and workers' lives, and that workers have no private right of action under OSHA, a fact that again mirrors the criminal code that rejects the rationale underlying this bad bill, there is every reason to be more, not less, cautious with fundamentally altering the nature of OSHA enforcement. But H.R. 2731 does not make a cautious change. It will severely endanger the safety of American workers; and as such, it should be defeated.

Mr. Speaker, when a doctor prescribes a path of care that does not work out, patients are always advised to get a second opinion, so I want to offer a second opinion in answer to the gentleman from Ohio (Mr. Boehner).

This bill would increase the number of uninsured. It would increase costs. It would increase discrimination against older workers, and it would remove patient protections. Despite the widespread agreement on the need to provide more health care coverage, decrease cost and improve care, this bill moves in the opposite direction. Instead of improving access to health care, this legislation would worsen access.

Approximately 1 million people would lose their insurance coverage if this bill is enacted. Instead of reducing premium costs, this bill would increase premiums for 20 million small business workers. Instead of making coverage more equitable, AHPs would lead to discrimination against older workers who would have a much more difficult time getting coverage. Instead of increasing patient protections, this bill would remove them. State patient protection laws would be effectively waived for AHPs, leaving patients without the ability to enforce protections for basic benefits, like emergency medical services and access to specialists.

The Hippocratic Oath says ``Above all, do no harm.'' This bill takes a bad

health care situation in this country and makes it worse, which is not what the people ought to expect from this Congress. I urge the Congress to reject the underlying bill and at some point in the future we are going to have to answer the issue of universal, single-payer, not-for- profit health care so we do not look at these kinds of phony, stopgap measures.

Mr. Speaker, I rise today in honor and recognition of Cuyahoga Special Education Service Center (CSESC), as they enter into their thirtieth year of services and support focused on thousands of children with special needs and their families residing throughout Cuyahoga County. The staff of CSESC has provided priceless educational tools to enhance learning and discovery for countless children-- enhancing their hopes and creating new dreams.

CSESC offers a variety of programs and services to more than 23,000 children and youth with disabilities throughout Cuyahoga County. The mission of CSESC is to provide outstanding educational opportunities for all children with disabilities aged 3-21, to elevate the academic achievement of these children, and to ultimately dissolve the divide that separates these special children from the mainstream. Moreover, this vital support serves to enrich every facet within the life of a child who faces these challenges on a daily basis.

From birth through adulthood CSESC offers comprehensive programs focused on the individual needs of every child and her family. Some of the main services provided by the

compassionate professionals at CSESC include instruction in Assistive Technology, Early Childhood Services, Vocational Services, Professional Development, Family Services and Consultation/Assessment Services.

Mr. Speaker and Colleagues, please join me in honor and recognition of the Thirtieth Anniversary of the Cuyahoga Special Education Service Center. This exemplary organization has uplifted the lives of thousands of children--from toddlers to young adults, who reflect courage, grace, brilliance and tenacity despite their personal challenges. The level of commitment from the staff at CSESC is equaled only to that of these children and their families--a commitment to hope, to dream, to believe, to achieve--to make a positive difference within our corner of the world and beyond.

Mr. Speaker, I rise today in honor and remembrance of Daniel Thompson, Poet Laureate of Cuyahoga County, OH. Daniel Thompson passed away last week after a 2-year battle with cancer. Through his words as a poet and his deeds as a tireless advocate for the homeless, the hungry, and people on the streets, Daniel Thompson set an example for his community.

Daniel's public readings were held as often in jazz clubs, junkyards, and jailhouses as they were in bookstores, cafes, and other ordinary venues. His poetry, often humorous and playful, conveyed messages about our times and inspired our thoughts and actions. He was a frequent contributor to the ``Homeless Grapevine, ``Cleveland's monthly street newspaper sold by homeless vendors. His poem, ``A New Beautitude,'' was published in the March-April 2004 issue of the Grapevine:

Walking to starlight

In a dark season:

I hear a new beatitude, America

Listen

Blessed are the homeless

For they shall inherit the street

The sidewalks, the bushes

The cold, cold ground

Whatever falls from heaven

Pennies of rain, of snow

Any spare change of weather

Day-old manna

The donut and the hole

The donut, the hole in the sock

In the sole of the shoe

And in the cold, cold ground

And O I almost forgot, America

This, too, from you

The cold eye of the stranger . . .

But it was not just Daniel's words, but also his deeds that will be missed. He frequently brought food and water to Cleveland's homeless and he petitioned city and county officials to install public drinking fountains for people living on the streets. He marched with Martin Luther King in Chicago and as a freedom rider in the deep south in the early 1960s where he was targeted by an angry mob in North Carolina in 1961.

Mr. Speaker, please join me in honor and remembrance of Daniel Thompson. Like other poets hailing from Cleveland such as Langston Hughes, Hart Crane, and d.a. levy, Daniel has a place in our community's literary history. And as a citizen, Daniel Thompson will long be remembered for his advocacy, sympathy, and soul. But his presence on Cleveland's streets will be sorely missed.

Mr. Speaker, I rise today in honor of the Polish American Congress, Ohio Division, as they celebrate their 55th anniversary--sharing their cultural gifts along a parade route lined with food, song and joyous celebration.

On May 18, 1949, in Cleveland, Ohio, the Ohio Division of The Polish American Congress was founded. The Polish American Congress is composed of individuals of Polish ancestry as well as Polish organizations. The group serves as a unifying force for both Polish Americans and Polish citizens living in America. Taking a positive stand on issues concerning the people of Poland, the group strives to attain a free market economy within the framework of a democratic society.

The goal of The Polish American Congress is to make Americans of Polish heritage more successful U.S. citizens by encouraging them to assume the responsibilities of citizenship. In addition, the group supports fraternal, professional, religious, and civic associations dedicated to the improvement of the status of all Americans of Polish heritage.

It is evident that the Polish American Congress has played a crucial role in the Polish Community, and in its many years of service has been an invaluable contribution to the City of Cleveland and beyond.

Mr. Speaker and Colleagues, please join me in honor and celebration of the leaders and members of the Polish American Congress, as they celebrate fifty-five years of promotion and guardianship of the heritage, history and culture of their beloved Polish homeland-- providing awareness and connection to every new generation born in America, and enriching the diverse fabric of our entire Cleveland community.

Mr. Speaker, I rise today in honor and remembrance of Professor Arthur Naparstek--devoted family man, caring professor, friend and mentor, and internationally known visionary in the area of urban development.

The son of Polish immigrants, Professor Naparstek was born and raised in New York City. He graduated with a master's degree in social work from New York University, and a doctorate from Brandeis University's Florence Heiler School of Advanced Studies in Social Welfare Administration. Professor Naparstek's professional commitment to economic and social justice began in the early sixties, when he worked as the assistant to Richard G. Hatcher, the first African American mayor of Gary, Indiana. Later, Professor Naparstek joined the National Center for Urban Ethnic Affairs in Washington, DC, and worked closely with Congress to create legislation focused on empowering our most vulnerable citizens--our poor.

As professor and Dean of the Case Western Reserve University School of Applied Social Sciences, Mr. Naparstek taught by example and served as an inspiration and mentor to countless students and instructors throughout his tenure. His acclaimed urban redevelopment projects and individual empowerment programs were sought by the administrations of President Carter and President Clinton. As director of the Cleveland Foundation's Commission on Poverty during the early 1990's, Professor Naparstek was instrumental in creating the redevelopment plan for several of Cleveland's most fragile neighborhoods. Because of his vision and heart, the shroud of decline has been lifted from our neighborhoods, illuminating the promise of restoration and possibility along many of our city streets.

Mr. Speaker and Colleagues, please join me in honor, gratitude and remembrance of Professor Arthur C. Naparstek--an exceptional man, visionary, and leader whose life reflected accomplishment, caring and concern for others. I offer my deepest condolences to his beloved wife, Belleruth; his beloved children, Keila, Aaron, and Abe; and to his extended family and friends. His brilliant and flawless legacy--both personally and professionally will be remembered forever by family, friends and colleagues. Professor Naparstek's vision, heart and leadership will forever serve as a beacon of promise and hope throughout our community, and far beyond.

Mr. Speaker, I join with my fellow Members of Congress in deploring the abuse of prisoners in Iraq by U.S. personnel. But this resolution does not go far enough.

It does not go far enough to ensure that a full and complete investigation and prosecution is undertaken. We should be opening Congressional investigations, not simply relying upon the Army to investigate itself.

It does not go far enough to demand accountability of the top military and civilian leadership of this fiasco in Iraq. We should demand the resignation of the Secretary of Defense, since we know that ``rotten apples'' are the fruit of a poison tree. And it's the top leadership who have grown that tree--the culture of permissiveness, disregard for the truth, and lack of accountability.

It does not go far enough to express America's regret and sorrow for the crimes committed at Abu Ghraib prison, and possibly elsewhere. We should apologize on behalf of the American people to the Iraqi people.

We have not begun to go far enough to examine the true intent and conduct of the leadership of this country. We have not gone far enough to assign responsibility and demand accountability for the misinformation and untruths that were marshaled to lead us to war. We have not gone far enough to bring an end to this unjustified war. As a result, we are seemingly surprised to discover, and then we deplore, corruption that is all too predictable from this imperial misadventure.

Mr. Speaker, I wanted to thank the gentleman from California (Mr. Sherman). And to the gentleman from Indiana (Mr. Burton), I salute your concern about Iraq's nuclear activities. I join you in stating that I do not want Iran to acquire nuclear weapons. However, I cannot support this resolution.

I believe that if Members read the text carefully, they may agree. This resolution includes an endorsement I believe of the doctrine of preventive war. Preventive war is attacking another country that does not pose an imminent threat but which some might argue could pose a threat. This is not a legitimate or legal reason for going to war. It ends up being an illegal war or war not in self-defense.

To be specific, the doctrine is, I believe, contained in part 2 of the resolution which reads, ``Calls upon all state parties to the Treaty on Non-Proliferation of Nuclear Weapons, including the United States, to use all appropriate means to deter, dissuade, and prevent Iran from acquiring nuclear weapons.'' This clause contains two elements of preventive war. The first is a tacit endorsement of regime change, ``all appropriate means to prevent Iran.''

All appropriate means is nearly the same language used in Senate Joint Resolution 54, which the Congress passed in 1998. That resolution called upon the President to ``take appropriate action to bring Iraq into compliance.''

We did not know then that such language would be construed only 5 years later to mean that the Congress endorsed regime change in Iraq, but that is what the administration construed it to mean.

Second, I believe this clause envisions unilateral action by the United States. It ``calls upon the United States to use all appropriate means.'' That means it is a policy of Congress that the United States, without necessarily receiving any support from the world community, and without the concurrence of the United Nations, could act unilaterally. This combination calling on all state parties to use all appropriate means to prevent Iran from acquiring nuclear weapons and calling upon the United States to use all appropriate means, this combination endorses the doctrine of preventive war.

This country was dragged into war with Iraq based on false statements to Congress. Iraq has proved to have been of little threat to the United States, but that did not stop the war's authors from going forward with the arguments that Iraq could one day be a threat.

In this historical context, I believe it is vitally important to call this to the attention of Congress so that Congress can avoid giving its endorsement of what could prove to be an unprovoked attack, unilateral regime change again.

So I oppose this resolution and I ask my colleagues to vote no.

Mr. Speaker, will the gentleman yield?

Mr. Speaker, I want to say that I think that the gentleman from Indiana (Mr. Burton) and the gentleman from California (Mr. Lantos) serve this country well and that there are probably no people stronger in defense of America than both of them. I have total confidence in that, and I just want to express my appreciation for being able to express my misgivings about the language of this bill, but I want to thank the gentlemen for the service that they are giving in expressing the importance of this.

Mr. Speaker, I rise today in honor and recognition of Mrs. Wilma Christian and every volunteer who participated this past year in Cleveland Reads, bringing hope and possibility through the gift of literacy to countless children and adults--thereby changing their lives forever. I also rise in recognition of Cleveland Reads Volunteer of the Year Nominees: Andy Everidge; Anne Gannon; Edna Goodwin; Stephanie Hiedman; Reid Isaac; Kristen Monchak; and Elaine Thiery.

Established in 1987, Cleveland Reads, a non-profit organization, has consistently worked to draw individuals, businesses and agencies into their, volunteer literacy projects and campaign. Mrs. Christian, seventy-seven years young, consistently reflects a joyous, caring and enthusiastic attitude throughout her busy days in service to others.

Every Monday through Friday for the past three years, Mrs. Christian volunteers mornings as an Experience Corps Tutor at Marion-Sterling Elementary School, then volunteers her lunch hour to prepare and serve meals to disabled residents of the Golden Age Center. Then remarkably, she heads back to Marion-Sterling School for three more hours of tutoring. All the while, her levels of enthusiasm and energy remain as expansive as her love and concern for others.

Mr. Speaker, please join me in honoring every Volunteer of the Year Award nominee, especially, Mrs. Wilma Christian, as she is named the Volunteer of the Year by Cleveland Reads. Mrs. Christian's patience, kindness and concern for our children and our elderly offers them strength, hope and a promise of a better tomorrow, where none existed before. By giving of her time and talent to the children at Marian- Sterling Elementary School, Mrs. Christian empowers them daily with the priceless tool of literacy, which leads to understanding and offers these children the self-confidence to dream and to achieve. By raising up the life of a child, Mrs. Christian raises up our entire community.

Mr. Speaker, I rise today in opposition to the conference report on H.R. 3108, the ``Pension Funding Equity Act'' and in strong support of the motion to recommit.

While the conference agreement contains needed assistance for single- employer pension plans, it is crafted to provide no assistance to multiemployer pension plans, which cover over 9\1/2\ million workers and retirees and some 600,000 small businesses.

Rather than enacting a reasonable and equitable package to offset the severe investment losses experienced by nearly all pension plans in the last few years, the effect of this conference report is to cynically distinguish between classes of business. It grants an estimated $80 billion in relief to large corporate sponsors of single employer plans, while rejecting real relief for multiemployer plans, which are jointly administered by small employers and unions. Even though multiemployer plans have a long history of sound funding and stability since their fortunes are not tied to the fate of a single corporation, only 4 percent of these plans are eligible for help under this bill. This is unacceptable.

Perhaps even worse, however, this conference report sets a dangerous precedent that could severely injure the integrity of the collective bargaining process for years to come. Employers that seek either Deficit Reduction Contribution or multiemployer relief would be precluded from increasing worker benefits during the relief period. Thus, under this agreement, employers could seek minimal relief not to further secure workers' retirement security, but as a way to prevent unionized employees from bargaining over benefit increases.

I urge my colleagues to vote for the Andrews motion to recommit, which would provide fair relief to multiemployer plans, and against final passage of this stilted and discriminatory conference report.

Mr. Chairman, today, I rise to oppose the budget under consideration today. Some believe they must accept the President's request for higher defense spending. Too many Members of Congress believe that a vote against higher defense budgets is tantamount to being ``weak on defense.'' But what they ignore is the fact that the President's defense number is weak on defense contractors. It gives nearly everything the contractors could want, and as I will show in a minute, it fails to make Americans safer.

How does the V-22 tilt rotor--which has killed 30 Marines in a crash rate of 18 percent--make Americans any safer? Of course it doesn't. But spending $1.75 billion to procure it makes the contractor richer.

How does the so-called National Missile Defense--which has not been shown to work, according to the DOD's own director of testing--make America any safer? It doesn't. But it does make the contractor richer.

How does the F-22 airplane, which suffers from exorbitant cost overruns and offers little improvement over today's more than capable F-15, make America any safer? Again, it doesn't. But at a cost of $4.7 billion in this year's budget, the contractors will see great profits.

Rather than buying a false idea of security by handing billions to defense contractors for hardware that doesn't work, can't work, or won't work to defend against the threats of today, let's buy the defense we do need and invest the rest in economy security.

America needs jobs. The Nation has lost 2.2 million total jobs since President Bush took office. Experts had expected an increase of 125,000 new jobs in February, but in reality companies added just 21,000 new jobs last month. Manufacturing lost 3,000 jobs in February, a 43-month continuous slide. Since July 2000, the manufacturing sector has shed 2.8 million of its jobs. And the construction industry is suffering under a 9.3-percent unemployment rate.

There were 8.2 million unemployed workers in February. Yet this number is low; 1.7 million additional workers were not counted in the unemployment figures, as they hadn't looked for a job in the prior 4 weeks.

Mr. Chairman, my colleagues face a quandary today. Many of them are going to vote for large deficits and reduced domestic spending in order to fund a $26.5 billion increase in defense spending. To do that means Congress will not spend enough money to create jobs. And jobs are the bottom line for Americans.

There is a better approach for a safer and stronger America. First we will reduce defense spending to last year's request, although much more could be cut. That still leaves a defense budget increase of 26 percent since 2001, not

accounting for the extra funds for Afghanistan or Iraq, some $186 billion. The $26.5 billion can then be shifted to the Transportation Equity Act--a Legacy for Users (TEA-LU) to create jobs. Over 6 years, this increases the TEA-LU authorization, set by the committee at $275 billion, to $434 billion, a full $59 billion above the initial goal of the chairman and ranking member of the Transportation Committee. More importantly, the large infusion of cash into our nation's transportation infrastructure means hundreds of thousands of jobs and a dependable infrastructure system allowing the economy to continue to grow.

Sensible cuts in defense spending can fund more jobs for Americans who desperately need them. Our country's economic strength, our ability to create jobs and improve business productivity, and our desire to create a safe, efficient transportation system are all-dependent upon increasing investment in our Nation's infrastructure. The Department of Transportation's own studies show that every $1 billion of Federal funds invested in highway infrastructure creates 47,500 jobs and $6.2 billion in economic activity. Authorizing $434 billion over 6 years for our transportation infrastructure will yield tremendous job growth and other economic benefits. In short, defense cuts can create more jobs for Americans.

Mr. Speaker, I rise today in honor and celebration of Michael O'Kennedy--distinguished barrister and public servant of Ireland, and former prominent member of the Dail Eireann, representing North Tipperary--as we welcome him to Cleveland, Ohio, on St. Patrick's Day.

For the past 25 years, Tim Collins and Thomas Scanlon have organized the St. Patrick's Day Party, a joyous event that brings people together for an enchanted evening of renewing old friendships and discovering new ones. Moreover, this event serves as a living bridge that extends across the blue Atlantic--from the north coast of Cleveland to the shores of the Emerald Isle.

Mr. O'Kennedy has dedicated his life to public service, social leadership and activism. Though retired from the political stage, Mr. O'Kennedy continues to volunteer his time to the people and causes of Ireland. Similarly, Mr. Collins and Mr. Scanlon, distinguished attorneys, continue to preserve and promote the history and culture of their beloved Irish homeland.

Mr. Speaker and colleagues, please join me in honor and recognition of the Honorable Michael O'Kennedy, for joining us in Cleveland as we celebrate St. Patrick's Day. Please also join me in recognition of Tim Collins and Thomas Scanlon for organizing this wondrous St. Patrick's Day Party each year for the past 25 years. ``Ni dheanfaidh smaoineamh an treabhadh duit--You'll never plough a field by turning it over in your mind''--Old Irish Proverb.

Mr. Speaker, I rise today in tribute and recognition of Mary Murphy of Brooklyn, Ohio, as she is honored as the City of Brooklyn's ``Democrat of the Year.''

With family central to her life, Mrs. Murphy and her late husband, Thomas Murphy, Sr.,

raised eight children. Mrs. Murphy is the proud grandmother of eight, and she is also the proud greatgrandmother of eight.

Beyond caring for her family, Mrs. Murphy has been an involved member of the City of Brooklyn Democratic Party for nearly 50 years. In 1955, Mrs. Murphy volunteered her time to work on election day, and by the late fifties, she was elected to serve as precinct committee person--a position she holds to this day. With a quick and agile mind and an equally energized spirit, Mrs. Murphy continues to volunteer her time and talents in service to her community. Moreover, Mrs. Murphy continues to energize the Democratic Party of Brooklyn with her dedication, integrity, loyalty, and hopeful outlook.

Mr. Speaker and colleagues, please join me in tribute and recognition of Mary H. Murphy, as she is being honored by the City of Brooklyn as the ``Democrat of the Year.'' Mrs. Murphy continues to be an inspiration to everyone in her life--especially to her family and friends. Her friendship, convictions, boundless energy, joy, and good works are invaluable gifts, and her spirit of volunteerism continues to uplift the City of Brooklyn, and our entire community. We wish her continued health and happiness today, and all days to come.

Mr. Speaker I rise today in honor and recognition of Timothy F. Horgan, Health Commissioner of Cuyahoga County, upon the occasion of his retirement following nearly 35 years of service and dedication to Ohio residents in the areas of public health, recreation and safety.

Throughout his tenure, Mr. Horgan focused on protecting and enhancing the health of Ohio residents of all ages. With the support of Ohio's recreation industry, he wrote the legislation for Ohio's first recreational licensing program that monitored swimming pools, campgrounds and marinas.

While serving as the Director of Environmental Health at the Cuyahoga County Board of Health, Mr. Horgan was instrumental in the development and passage of legislation that significantly updated food protection laws. He also took the lead in investigating an outbreak of infant pulmonary hemorrhaging cases, and

facilitated the investigation of an outbreak of Legionnaires' disease.

Moreover, it was Mr. Horgan's diligence, vision and persistence that initiated the construction of a new health center for the Cuyahoga County Board of Health. The new center opened its doors in December, 2003. Additionally, Mr. Horgan energized the entire Board by enhancing the scope of services and increasing staff members from 40 in 1987, to 215 employees today.

Mr. Speaker and Colleagues, please join me in honor and recognition of Timothy E. Horgan, whose exemplary professional life has been dedicated to the health and well-being of Ohio residents. I wish Mr. Horgan many blessings of health and happiness in all of his future endeavors.

Mr. Speaker, while I support the passage of H.R. 3873 today, I cannot support the budget that constrained, limited and ultimately stunted its final form.

In the Committee on Education and the Workforce, we were told that funding was not available to eliminate the

reduced-price category to allow more low-income children to receive school meals, often their only meals, for free. We were also told that the budget resolution did not allow for any expansion of school breakfasts and other programs.

H.R. 3873 now comes before this House on a suspension calendar, perhaps to ensure that Members cannot offer amendments that might add additional costs to this bill. I had planned to offer an amendment that would have allowed schools to offer free breakfasts to students on the mornings they are scheduled to take a No Child Left Behind assessment.

The NEA, the Ohio PTA, the National Farm Organization, the National Family Farm Coalition, the Community Food Security Coalition and others supported this amendment. Millions of parents, teachers, students and school administrators would have also supported it, along with other positive changes, but all further improvements and expansions are blocked in this bill.

In contrast, later today we will debate a budget bill that allocates $10.2 billion, a 13 percent increase from last year, on a missile defense system that does not work, while this morning we restrict to $16 billion a nutrition bill we all know does work but could work even better.

There is money to improve and expand education and nutrition, but situations like this force us to recognize lost opportunities that come about from tax cuts for the wealthiest and from unacccountable defense spending

I urge my colleagues to vote for H.R. 3873, but I also urge them to remember those left behind and left hungry by the administration's misguided agenda.