Providing for Consideration of H.R. Workplace Violence Prevention for Health Care and Social Service Workers Act; Providing for Proceedings During the Period From November Through December and Providing for Consideration of Motions to Suspend the Rules
Floor Speech
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Mr. DeSAULNIER. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 713 and ask for its immediate consideration.
The Clerk read the resolution, as follows: H. Res. 713
Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-37, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 2. On any legislative day during the period from November 22, 2019, through December 2, 2019-- (a) the Journal of the proceedings of the previous day shall be considered as approved; and
(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
Sec. 3. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 2 of this resolution as though under clause 8(a) of rule I.
Sec. 4. Each day during the period addressed by section 2 of this resolution shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII.
Sec. 5. It shall be in order at any time on the legislative day of November 21, 2019, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
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Mr. DeSAULNIER. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Burgess), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Mr. DeSAULNIER. Madam Speaker, yesterday, the Rules Committee met and reported a structured rule, House Resolution 713, providing for consideration of H.R. 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act. The rule provides 1 hour of debate equally divided and controlled by the chair and the ranking member of the Committee on Education and Labor, makes in order all 10 amendments submitted, and provides for a motion to recommit. It also provides standard recess instructions for next week's district work period.
Madam Speaker, there is an epidemic of violence against healthcare and social workers in the United States. Last year, Department of Labor statistics showed they were nearly five times as likely to suffer a serious workplace violence injury than workers in other industries.
The Government Accountability Office found that rates of violence against healthcare workers in hospitals, nursing homes, and residential care facilities are 5 to 12 times higher than the estimated rates for workers overall. Between 2011 and 2016, 58 hospital workers died as a result of workplace violence.
For me, this matter strikes close to home. In 2010, a Napa State Hospital technician in California, Donna Kay Gross, a constituent, was killed outside the State hospital by a patient under psychiatric care. Donna entered the profession to honor her mother, who battled mental illness and was a patient at that very hospital. She was the mother of three grown children and was raising her granddaughter. Her colleagues described her by saying: First and foremost, Donna was a human service- type person and loved being with people and working with people.
Donna's life was cut short when a patient brutally murdered her to steal jewelry and cash from her.
This story is just one of thousands of incidents that are on the rise. Sadly, violence has become so commonplace for healthcare workers that they think it is part of their job, resulting in only 30 percent of violent incidents being reported.
Some States have stepped up to enact laws to require employers to establish a plan to protect against workplace violence. Donna's story, for example, inspired action in California that I was proud to be a part of when I was chair of the senate labor committee. That action in California served as the basis for the bill before us today in the rule and tomorrow on the floor.
These workers deserve national action, and they deserve it now. At the Occupational Safety and Health Administration, these workers are not receiving the urgent attention they need. OSHA takes at least 7 years to put out a standard, but in some instances can take up to 20 years.
People like Donna Kay Gross cannot wait that long. To protect the people who dedicate their lives to caring for us, we need to move now. The longer we wait, the more people will suffer.
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Mr. DeSAULNIER. Madam Speaker, I yield 3 minutes to the gentleman from Connecticut (Mr. Courtney), who has put so much work into this effort.
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Mr. DeSAULNIER. Madam Speaker, I yield an additional 1 minute to the gentleman from Connecticut.
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Mr. DeSAULNIER. Madam Speaker, I yield an additional 1 minute to the gentleman from Connecticut.
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Mr. DeSAULNIER. Madam Speaker, I yield 2 minutes to the gentlewoman from Nevada (Mrs. Lee).
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Mr. DeSAULNIER. Madam Speaker, I yield myself such time as I may consume.
Just a couple of points to my friend from Texas. He is correct on the open process. However, we did allow for all 10 amendments that were submitted to be accepted, and the final vote was 2-9, understanding that that was a foregone conclusion to many of us.
I would just say that this is such an important issue in the urgency, and I would like to join with my colleague to fix the standard and the practice, and to add funding so that the Department can do it.
There is an urgency for problems like this to be solved. We can save money in the long run. When I was in local government, I was on the governing board of our county hospital. Two of our five floors were psych wards. We spent hours and hours in closed sessions dealing with liability issues on those wards.
So when I read this bill, I think that so much of what is in this bill, many of us have already done, at least from California at the local level and at the State level, and it is good business practice.
As somebody who is a former small business owner that had high workers' compensation in the restaurant business, cost avoidance is a good thing. My workers' compensation carrier came out at least once a year to inspect our facilities and see where we could avoid these incidents. So it is just a good business practice.
When I look at this, it makes so much sense. There is a cost to start this, but there is, clearly, in my mind, a fiscal savings and an emotional savings when you think of the lives lost. This is not new, but the demand in the changing trend lines say to me that this is urgent.
So I would like to agree with my friend from Texas and I would be happy to work with him, but with incidents like this, this Department really needs to be ramped up. It is a national embarrassment that it takes 20 years, or 7 years for the Department to do these rules, understanding that you have to work with stakeholders.
So I think there is an element of opportunity here for us. I do think that it is unfortunate, as we talked about in the Rules Committee last night, and Mr. Byrne talked about, that we couldn't get across the finish line and come together completely as a bipartisan bill.
Having said that, as my friend from Texas alluded to, this is a bipartisan bill. We do have supporters, including Mr. Cole.
Madam Speaker, I have no other speakers, and I understand that the gentleman has no additional speakers, so I reserve the balance of my time.
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Mr. DeSAULNIER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I want to thank my colleague from Texas for his comments.
Democratic and Republican administrations have sat idly by while healthcare and social service workers are being beaten, abused, and killed. The problem is not going away. It is getting worse.
In the words of the ranking member of the Rules Committee, the distinguished gentleman from Oklahoma, he will be voting for the bill because it is better than what we have got. I certainly agree.
This bill does far better for our frontline workers who we ask to care for us every day. I urge a ``yes'' vote on the rule and the previous question.
The text of the material previously referred to by Mr. Burgess is as follows: Amendment to House Resolution 713 At the end of the resolution, add the following:
Sec. 6. Immediately upon adoption of this resolution, the House shall proceed to consideration in the House of the bill (H.R. 1869) to amend the Internal Revenue Code of 1986 to restore incentives for investments in qualified improvement property. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except:
(1) one hour of debate equally divided and controlled by the chair and the ranking minority member of the Committee on Ways and Means; and
(2) one motion to recommit.
Sec. 7. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 1869.
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Mr. DeSAULNIER. Madam Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
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