[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Pages S2850-S2851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 245--DESIGNATING THE WEEK OF MAY 5 THROUGH MAY 11, 
       2002, AS ``NATIONAL OCCUPATIONAL SAFETY AND HEALTH WEEK''

  Mr. DURBIN (for himself, Mr. Brownback, and Mr. Feingold) submitted 
the following resolution; which was referred to the Committee on the 
Judiciary:

                              S. Res. 245

       Whereas every year, more than 6,000 people die from job-
     related injuries and millions more suffer occupational 
     injuries or illnesses;
       Whereas every day, millions of people go to and return home 
     from work safely due, in part, to the efforts of many unsung 
     heroes--the occupational safety, health, and environmental 
     professionals who work day in and day out identifying hazards 
     and implementing safety advances in all industries and at all 
     workplaces, thereby reducing workplace fatalities and 
     injuries;
       Whereas these safety professionals work to prevent 
     accidents, injuries, and occupational diseases, create safer 
     work and leisure environments, and develop safer products;
       Whereas the more than 30,000 members of the 90-year-old 
     nonprofit American Society of Safety Engineers, based in Des 
     Plaines, Illinois, are safety professionals committed to 
     protecting people, property, and the environment globally;
       Whereas the American Society of Safety Engineers, in 
     partnership with the Canadian Society of Safety Engineers, 
     has designated May 5 through May 11, 2002, as North American 
     Occupational Safety and Health Week (referred to in this 
     resolution as ``NAOSH week'');
       Whereas the purposes of NAOSH week are to increase 
     understanding of the benefits of investing in occupational 
     safety and health, to raise the awareness of the role and 
     contribution of safety, health, and environmental 
     professionals, and to reduce workplace injuries and illnesses 
     by increasing awareness and implementation of safety and 
     health programs;
       Whereas during NAOSH week the focus will be on hazardous 
     materials--what they are, emergency response information, the 
     skills and training necessary to handle and transport 
     hazardous materials, relevant laws, personal protection 
     equipment, and hazardous materials in the home;
       Whereas over 800,000 hazardous materials are shipped every 
     day in the United States, and over 3,100,000,000 tons are 
     shipped annually; and
       Whereas the continued threat of terrorism and the potential 
     use of hazardous materials make it vital for Americans to 
     have information on these materials: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the week of May 5 through May 11, 2002, as 
     ``National Occupational Safety and Health Week'';
       (2) commends safety professionals for their ongoing 
     commitment to protecting people, property, and the 
     environment;
       (3) encourages all industries, organizations, community 
     leaders, employers, and employees to support educational 
     activities aimed at increasing awareness of the importance of 
     preventing illness, injury, and death in the workplace; and
       (4) requests that the President issue a proclamation 
     calling on the people of the United States to observe 
     ``National Occupational Safety and Health Week'' with 
     appropriate ceremonies and activities.

 Mr. WYDEN. Mr. President, One of the Senate's most popular 
procedures cannot be found anywhere in the United States Constitution 
or in the Senate Rules. It is one of the most powerful weapons that any 
Senator can wield in this body. And it is even more potent when it is 
invisible. The procedure is popularly known as the ``hold.''
  The ``hold'' in the Senate is a lot like the seventh inning stretch 
in baseball: there is no official rule or regulation that talks about 
it, but it is has been observed for so long that it has become a 
tradition.
  The resolution that Senator Grassley and submit today does not in any 
way limit the privilege of any Senator to place a ``hold'' on a measure 
or matter. Our resolution targets the stealth cousin of the ``hold,'' 
known as the ``secret hold.'' It is the anonymous hold that is so 
odious to the basic premise of our democratic system: that the exercise 
of power always should be accompanied by public accountability.

[[Page S2851]]

Our resolution would bring the anonymous hold out of the shadows of the 
Senate.
  Senator Grassley and I have championed this idea in a bipartisan 
manner for six years now. In 1997 and again in 1998, the United States 
Senate voted unanimously in favor of our amendments to require that a 
notice of intent to object be published in the Congressional Record 
within 48 hours. The amendments, however, never survived conference.
  So we took our case directly to the leadership, and to their credit, 
Tom Daschle and Trent Lott agreed it was time to make a change. They 
recognized the significant need for more openness in the way the United 
States Senate conducts its business so Tom Daschle and Trent Lott sent 
a joint letter in February 1999 to all Senators setting forth a policy 
requiring ``all Senators wishing to place a hold on any legislation or 
executive calender business [to] notify the sponsor of the legislation 
and the committee of jurisdiction of their concerns.'' The letter said 
that ``written notification should be provided to the respective Leader 
stating their intentions regarding the bill or nomination,'' and that 
``holds placed on items by a member of a personal or committee staff 
will not be honored unless accompanied by a written notification from 
the objecting Senator by the end of the following business day.''
  At first, this action by the Leaders seemed to make a real 
difference. Many Senators were more open about their holds, and staff 
could no longer slap a hold on a bill with a quick phone call. But 
after six to eight months, the Senate began to slip back towards the 
old ways. Abuses of the ``holds'' policy began to proliferate, staff-
initiated holds-by-phone began anew, and it wasn't too long before 
legislative gridlock set in and the Senate seemed to have forgotten 
what Senators Daschle and Lott had tried to do.
  My own assessment of the situation now, which is not based on any 
scientific evidence, GAO investigation or CRS study, is that a 
significant number of our colleagues in the Senate have gotten the 
message sent by the Leaders, and have refrained from the use of secret 
holds. They inform sponsors about their objections, and do not allow 
their staff to place a hold without their approval. My sense is that 
the legislative gridlock generated by secret holds may be attributed to 
a relatively small number of abusers. The resolution we are submitting 
today will not be disruptive for a solid number of Senators, but it 
will up the ante on those who may be ``chronic abusers'' of the 
Leaders' policy on holds.
  Our bipartisan resolution would amend the Standing Rules of the 
Senate to require that a Senator who notifies his or her leadership of 
an intent to object shall disclose that objection in the Congressional 
Record not later than two session days after the date of the notice. 
The resolution would assure that the awesome power possessed by an 
individual Senator to stop legislation or a nomination should be 
accompanied by public accountability.
  The requirement for public notice of a hold two days after the intent 
has been conveyed to the leadership may prove to be an inconvenience 
but not a hardship. No Senator will ever be thrown in jail for failing 
to give public notice of a hold. Senators routinely place statements in 
the Congressional Record recognizing the achievements of a local Boys 
and Girls Club, or congratulating a local sports team on a State 
championship. Surely the intent of a Senator to block the progress of 
legislation or a nomination should be considered of equal importance.
  I have adhered to a policy of publicly announcing my intent to object 
to a measure or matter. This practice has not been a burden or 
inconvenience. On the contrary, my experience with the public 
disclosure of holds is that my objections are usually dealt with in an 
expeditious manner, thereby enabling the Senate to proceed with its 
business.
  Although the Senate is still several months away from the high season 
of secret holds, a number of important pieces of legislation have 
already become bogged down in the swamp of secret holds this year. The 
day is not far off when any given Senator may be forced to place holds 
on numerous other pieces of legislation or nominees just to try to 
``smoke out'' the anonymous objector. The practice of anonymous 
multiple or rolling holds is more akin to legislative guerilla warfare 
than to the way the Senate should conduct its business.
  It is time to drain the swamp of secret holds. The resolution we 
submit today will be referred to the Senate Committee on Rules. It is 
my hope that the Committee will take this resolution seriously, hold 
public hearings on it and give it a thorough vetting. This is one of 
the most awesome powers held by anyone in American government. It has 
been used countless times to stall and strangle legislation. It is time 
to bring accountability to the procedure and to the American 
people.

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