[Congressional Record Volume 153, Number 27 (Tuesday, February 13, 2007)]
[Senate]
[Pages S1922-S1925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 78--DESIGNATING APRIL 2007 AS ``NATIONAL AUTISM
AWARENESS MONTH'' AND SUPPORTING EFFORTS TO INCREASE FUNDING FOR
RESEARCH INTO THE CAUSES AND TREATMENT OF AUTISM AND TO IMPROVE
TRAINING AND SUPPORT FOR INDIVIDUALS WITH AUTISM AND THOSE WHO CARE FOR
INDIVIDUALS WITH AUTISM
Mr. HAGEL (for himself, Mr. Feingold, and Ms. Stabenow) submitted the
following resolution; which was referred to the Committee on the
Judiciary:
S. Res. 78
Whereas autism is a developmental disorder that is
typically diagnosed during the first 3 years of life, robbing
individuals of their ability to communicate and interact with
others;
Whereas autism affects an estimated 1 in every 150 children
in the United States;
Whereas autism is 4 times more likely to occur in boys than
in girls;
Whereas autism can affect anyone, regardless of race,
ethnicity, or other factors;
Whereas it costs approximately $80,000 per year to treat an
individual with autism in a medical center specializing in
developmental disabilities;
Whereas the cost of special education programs for school-
aged children with autism is often more than $30,000 per
individual per year;
Whereas the cost nationally of caring for persons affected
by autism is estimated at upwards of $90,000,000,000 per
year;
Whereas despite the fact that autism is one of the most
common developmental disorders, many professionals in the
medical and educational fields are still unaware of the best
methods to diagnose and treat the disorder; and
Whereas designating April 2007 as ``National Autism
Awareness Month'' will increase public awareness of the need
to support individuals with autism and the family members and
medical professionals who care for individuals with autism:
Now, therefore, be it
Resolved, That the Senate--
(1) designates April 2007 as ``National Autism Awareness
Month'';
(2) recognizes and commends the parents and relatives of
children with autism for their sacrifice and dedication in
providing for the special needs of children with autism and
for absorbing significant financial costs for specialized
education and support services;
(3) supports the goal of increasing Federal funding for
aggressive research to learn the root causes of autism,
identify the best
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methods of early intervention and treatment, expand programs
for individuals with autism across their lifespans, and
promote understanding of the special needs of people with
autism;
(4) stresses the need to begin early intervention services
soon after a child has been diagnosed with autism, noting
that early intervention strategies are the primary
therapeutic options for young people with autism, and that
early intervention significantly improves the outcome for
people with autism and can reduce the level of funding and
services needed to treat people with autism later in life;
(5) supports the Federal Government's more than 30-year-old
commitment to provide States with 40 percent of the costs
needed to educate children with disabilities under part B of
the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.);
(6) recognizes the shortage of appropriately trained
teachers who have the skills and support necessary to teach,
assist, and respond to special needs students, including
those with autism, in our school systems; and
(7) recognizes the importance of worker training programs
that are tailored to the needs of developmentally disabled
persons, including those with autism, and notes that people
with autism can be, and are, productive members of the
workforce if they are given appropriate support, training,
and early intervention services.
______
SENATE RESOLUTION 79--RELATIVE TO THE DEATH OF REPRESENTATIVE CHARLES
W. NORWOOD, JR., OF GEORGIA
Mr. REID (for himself, Mr. McConnell, Mr. Chambliss, and Mr. Isakson)
submitted the following resolution; which was considered and agreed to:
S. Res. 79
Resolved, That the Senate has heard with profound sorrow
and deep regret the announcement of the death of the
Honorable Charles W. Norwood, Jr., late a Representative from
the State of Georgia.
Resolved, That the Secretary communicate these resolutions
to the House of Representatives and transmit an enrolled copy
thereof to the family of the deceased.
Resolved, That when the Senate adjourns or recesses today,
it stand adjourned or recessed as a further mark of respect
to the memory of the deceased Representative.
______
SENATE RESOLUTION 80--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND
LEGAL REPRESENTATION IN STATE OF OREGON V. REBECCA MICHELSON, MICHELE
DARR, AND VERNON HUFFMAN
Mr. REID (for himself and Mr. McConnell) submitted the following
resolution; which was considered and agreed to:
S. Res. 80
Whereas, in the cases of State of Oregon v. Rebecca
Michelson (2101093-1), Michele Darr (2101093-2), and Vernon
Huffman (2101093-3), pending in Multnomah County Circuit
Court in Portland, Oregon, testimony and documents have been
requested from Kellie Lute, an employee in the office of
Senator Gordon Smith;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the
Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a)
and 288c(a)(2), the Senate may direct its counsel to
represent employees of the Senate with respect to any
subpoena, order, or request for testimony relating to their
official responsibilities;
Whereas, by the privileges of the Senate of the United
States and Rule XI of the Standing Rules of the Senate, no
evidence under the control or in the possession of the Senate
may, by the judicial or administrative process, be taken from
such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or
in the possession of the Senate may promote the
administration of justice, the Senate will take such action
as will promote the ends of justice consistent with the
privileges of the Senate: Now, therefore, be it
Resolved, That Kellie Lute and any other employees or
Senator Smith's office from whom testimony or the production
of documents may be required are authorized to testify and
produce documents in the cases of State of Oregon v. Rebecca
Michelson, Michele Darr, and Vernon Huffman, except
concerning matters for which a privilege should be asserted.
Sec. 2. The Senate Legal Counsel is authorized to represent
Kellie Lute and other employees of Senator Smith's staff in
the actions referenced in section one of this resolution.
______
SENATE CONCURRENT RESOLUTION 11--PROVIDING THAT ANY AGREEMENT RELATING
TO TRADE AND INVESTMENT THAT IS NEGOTIATED BY THE EXECUTIVE BRANCH WITH
ANOTHER COUNTRY COMPLY WITH CERTAIN MINIMUM STANDARDS
Mr. FEINGOLD submitted the following concurrent resolution; which was
referred to the Committee on Finance:
S. Con. Res. 11
Whereas there is general consensus among the people of the
United States and the global community that, with respect to
international trade and investment rules--
(1) global environmental, labor, health, food security, and
other public interest standards must be strengthened to
prevent a global ``race to the bottom'';
(2) domestic environmental, labor, health, food security,
and other public interest standards and policies must not be
undermined, including those based on the use of the
precautionary principle (the internationally recognized legal
principle that holds that, when there is scientific
uncertainty regarding the potential adverse effects of an
action, a product, or a technology, a government should act
in a way that minimizes the risk of harm to human health and
the environment);
(3) provision and regulation of public services such as
education, health care, transportation, energy, water, and
other utilities are basic functions of democratic government
and must not be undermined;
(4) raising standards in developing countries requires
additional assistance and respect for diversity of policies
and priorities;
(5) countries must be allowed to design and implement
policies to sustain family farms and achieve food security;
(6) healthy national economies are essential to a healthy
global economy, and the right of governments to pursue
policies to maintain and create jobs must be upheld;
(7) the right of State and local and comparable regional
governments of all countries to create and enforce diverse
policies must be safeguarded from imposed downward
harmonization; and
(8) rules for the global economy must be developed and
implemented democratically and with transparency and
accountability;
Whereas many international trade and investment agreements
in existence and currently being negotiated do not serve
these interests; and
Whereas many international trade and investment agreements
in existence have caused substantial harm to the health and
well-being of communities in the United States and within
countries that are trading partners of the United States:
Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That any agreement relating to trade and
investment that is negotiated by the executive branch with
another country should comply with the following:
(1) Requirements applying to all countries.--
(A) Investor and investment policy.--If the agreement
includes any provision relating to foreign investment, the
agreement may not permit a foreign investor to challenge or
seek compensation because of a measure of a government at the
national, State, or local level that protects the public
interest, including a measure that protects public health,
safety, and welfare, the environment, and worker protections,
unless a foreign investor demonstrates that the measure was
enacted or applied primarily for the purpose of
discriminating against a foreign investor or foreign
investment.
(B) Services.--The agreement, to the extent applicable,
shall comply with the following:
(i) In general.--The agreement may not provide for
disciplinary action against a government measure relating
to--
(I) a public service, including public services for which
the government is not the sole provider;
(II) a service that requires extensive regulation;
(III) an essential human service; and
(IV) a service that has an essentially social component.
(ii) Services described.--A service described in clause (i)
includes a public benefit program, health care, health
insurance, public health, child care, education and training,
the distribution of a controlled substance or product
(including alcohol, tobacco, and firearms), research and
development on a natural or social science, a utility
(including an energy utility, water, waste disposal, and
sanitation), national security, maritime, air, surface, and
other transportation services, a postal service, energy
extraction and any related service, and a correctional
service.
(iii) Revision of commitments.--The agreement shall permit
a country that has made a commitment in an area described in
clause (i) to revise that commitment for the purposes of
public interest regulation without any financial or other
trade-related penalty.
(iv) Subsidies and government procurement.--The agreement
shall ensure that any rule governing a subsidy or government
procurement fully protects the ability of a government to
support and purchase a service in a way that promotes
economic development, social justice and equity, public
health, environmental quality, human rights, and the rights
of workers.
(v) Regulation of foreign investors.--The agreement shall
guarantee that all governments that are parties to the
agreement may regulate foreign investors in services and
other service providers in order to protect public health and
safety, consumers, the environment, and workers' rights,
without requiring the governments to establish their
regulations to be the least burdensome option for foreign
service providers.
(C) Environmental, labor, and other public interest
standards.--The agreement--
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(i) may not supersede the rights and obligations of parties
under multilateral environmental, labor, and human rights
agreements;
(ii) shall, to the extent applicable, include commitments--
(I) to adhere to specified workers' rights and
environmental standards;
(II) to enforce existing domestic labor and environmental
provisions; and
(III) to abide by the core labor standards of the
International Labor Organization; and
(iii) shall subject the commitments described in clause
(ii) to binding enforcement on the same terms as commercial
provisions.
(D) Food safety.--The agreement may not--
(i) require international harmonization of food safety
standards in a manner that undermines the level of human
health protection provided under the laws of a country; or
(ii) restrict the ability of governments to enact policies
to guarantee the right of consumers to know where and how
food is produced.
(E) Agriculture and food security.--The agreement may not,
with respect to food and other agricultural commodities--
(i) contain provisions that prevent countries from--
(I) establishing domestic and global reserves;
(II) managing supply;
(III) enforcing antidumping provisions;
(IV) ensuring fair market prices; or
(V) vigorously enforcing antitrust laws, in order to
guarantee competitive markets for family farmers; or
(ii) prevent countries from developing the necessary
sanitary and phytosanitary standards to prevent the
introduction of pathogens or other potentially invasive
species that may adversely affect agriculture, human health,
or the environment.
(F) Governmental authority.--The agreement may not contain
provisions that bind national, State, local, or comparable
regional governments to limiting regulatory, taxation,
spending, or procurement authority--
(i) without sufficient transparency as described in
paragraph (4), including an opportunity for public review and
comment; and
(ii) without the explicit, informed consent of the
national, State, local, or comparable regional legislative
body concerned.
(G) Access to medicines and seeds.--
(i) Medicines.--The agreement may not contain provisions
that prevent countries from taking measures to protect public
health by ensuring access to medicines.
(ii) Seeds.--The agreement may not constrain the rights of
farmers to save, use, exchange, or sell farm-saved seeds and
other publicly available seed varieties.
(2) Requirements applying to only the united states.--
(A) Temporary entry of workers.--The agreement may not--
(i) make a new commitment on the temporary entry of
workers, because such policies should be determined by the
Congress, after consideration by the congressional committees
with jurisdiction over immigration, to avoid an array of
inconsistent policies; or
(ii) include any policy that fails to--
(I) include labor market tests that ensure that the
employment of temporary workers will not adversely affect
other similarly employed workers;
(II) involve labor unions in the labor certification
process implemented under the immigration program for
temporary workers granted nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(H)(i)(b)), including the filing by an employer
of an application under section 212(n)(1) of that Act (8
U.S.C. 1182(n)(1)); or
(III) guarantee the same workplace protections for
temporary workers that are available to all workers.
(B) Policies to support united states workers and small,
minority, and women-owned businesses.--The agreement shall
preserve the right of Federal, State, and local governments
to maintain or establish policies to support United States
workers and small, minority, or women-owned businesses,
including policies with respect to government procurement,
loans, and subsidies.
(C) United states trade laws.--The agreement may not--
(i) contain a provision that modifies or amends, or
requires a modification of or an amendment to, any law of the
United States regarding safeguards from unfair foreign trade
practices, including any law providing for--
(I) the imposition of countervailing or antidumping duties;
(II) protection from unfair methods of competition or
unfair acts in the importation of articles;
(III) relief from injury caused by import competition;
(IV) relief from unfair trade practices; or
(V) the imposition of import restrictions to protect
national security; or
(ii) weaken the existing terms of the Agreement on
Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994, or the Agreement on Subsidies and
Countervailing Measures, of the World Trade Organization,
including through the domestic implementation of rulings of
dispute settlement bodies.
(D) Food safety.--The agreement may not--
(i) restrict the ability of the United States to ensure
that food products entering the United States are rigorously
inspected to establish that they meet all food safety
standards in the United States, including inspection
standards; or
(ii) force the United States to accept different food
safety standards as ``equivalent'', in a manner that
undermines the level of human health protection provided
under domestic law.
(3) Treatment of developing countries.--The agreement shall
grant special and differential treatment for developing
countries with regard to the timeframe for implementation of
the agreement as well as other concerns.
(4) Transparency.--
(A) In general.--The process of negotiating the agreement
shall be open and transparent, including through--
(i) prompt and regular disclosure of full negotiating
texts; and
(ii) prompt and regular disclosure of negotiating positions
of the United States.
(B) Public availability of offers and requests.--In
negotiating the agreement, any request or offer relating to
investment, procurement, or trade in services must be made
public within 10 days after its submission if such request or
offer--
(i) proposes that specific Federal, State, or local laws or
regulations in the United States, including subsidies, tax
rules, procurement rules, professional standards, and rules
on temporary entry of persons, be changed, eliminated, or
scheduled under the agreement;
(ii) proposes to cover under the agreement--
(I) specific essential public services, including public
benefits programs, health care, education, national security,
sanitation, water, energy, and other utilities; or
(II) private service sectors that require extensive
regulation or have an inherently social component, including
maritime, air transport, trucking, and other transportation
services, postal services, utilities such as water, energy,
and sanitation, corrections, education and childcare, and
health care; or
(iii) proposes an action or process of general application
that may interfere with the ability of the United States or
State, local, or tribal governments to adopt, implement, or
enforce laws and regulations identified in clause (ii)(I) or
to provide or regulate services identified in clause
(ii)(II).
(C) Representation of interests.--The broad array of
constituencies representing the majority of the people of the
United States, including labor unions, environmental
organizations, consumer groups, family farm groups, public
health advocates, faith-based organizations, and civil rights
groups, must have at least the same representation on trade
advisory committees and the same access to trade negotiators
and negotiating fora as those constituencies representing
commercial interests.
(D) Dispute resolution mechanisms.--Any dispute resolution
mechanism established in the agreement shall be open and
transparent, including through disclosure to the public of
documents and access to hearings, and must permit
participation by nonparties through the filing of amicus
briefs, as well as provide for standing for State and local
governments as intervenors.
Mr. FEINGOLD. Mr. President, I am pleased to again submit a measure
to begin to address one of the central problems our Nation faces,
namely the loss of family-supporting jobs because of our flawed trade
policies.
Today's announcement that the U.S. trade deficit for 2006 rose to
$764 billion, setting a record for the fifth consecutive year, is a
stark reminder of just how seriously flawed our trade policies are.
Those policies have far reaching consequences, and they require a
multifaceted response.
One response must be to take on the trade deficit directly, and I
have been pleased to join the Senator from North Dakota, Mr. Dorgan, to
do just that.
But we also must change the agreements into which we enter with our
trading partners.
The record of the major trade agreements into which our Nation has
entered over the past few years has been dismal. Thanks in great part
to the flawed fast track rules that govern consideration of legislation
implementing trade agreements, the United States has entered into a
number of trade agreements that have contributed to the significant job
loss we have seen in recent years, and have laid open to assault
various laws and regulations established to protect workers, the
environment, and our health and safety. Indeed, those agreements
undermine the very democratic institutions through which we govern
ourselves.
The loss of jobs, especially manufacturing jobs, to other countries
has been devastating to Wisconsin, and to the entire country. When I
opposed the North American Free Trade Agreement, the Uruguay round of
the General Agreement on Tariffs and Trade,
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Permanent Normal Trade Relations for China, and other flawed trade
measures, I did so in great part because I believed they would lead to
a significant loss of jobs. But even as an opponent of those
agreements, I don't think I could have imagined just how bad things
would get in so short a time.
The trade policy of this country over the past several years has been
appalling. The trade agreements into which we have entered have
contributed to the loss of key employers, ravaging entire communities.
But despite that clear evidence, we continue to see trade agreements
being reached that will only aggravate this problem.
This has to stop. We cannot afford to pursue trade policies that gut
our manufacturing sector and send good jobs overseas. We cannot afford
to undermine the safeguards we have established for workers, the
environment, and our public health and safety. And we cannot afford to
chip way at our democratic heritage by entering into trade agreements
that supercede our right to govern ourselves through open, democratic
institutions.
The legislation I am introducing today addresses this problem, at
least in part. It establishes some minimum standards for the trade
agreements into which our Nation enters. It sets forth principles for
future trade agreements. It is a break with the so-called NAFTA model,
and instead advocates the kinds of sound trade policies that will spur
economic growth and sustainable development.
The principles set forth in this resolution are not complex. They are
straightforward and achievable. The resolution calls for enforceable
worker protections, including the core International Labor Organization
standards.
It preserves the ability of the United States to enact and enforce
its own trade laws.
It protects foreign investors, but states that foreign investors
should not be provided with greater rights than those provided under
U.S. law, and it protects public interest laws from challenge by
foreign investors in secret tribunals.
It ensures that food entering into our country meets domestic food
safety standards.
It preserves the ability of Federal, State, and local governments to
maintain essential public services and to regulate private sector
services in the public interest.
It requires that trade agreements contain environmental provisions
subject to the same enforcement as commercial provisions.
It preserves the right of Federal, State, and local governments to
use procurement as a policy tool, including through Buy American laws,
environmental laws such as recycled content, and purchasing preferences
for small, minority, or women-owned businesses.
It requires that trade negotiations and the implementation of trade
agreements be conducted openly.
These are sensible policies, and will advance the goal of increased
international commerce.
The outgrowth of the major trade agreements into which we have
entered has been a race to the bottom in labor standards, environmental
standards, health and safety standards, in nearly every aspect of our
economy. A race to the bottom is a race in which even the winners lose.
For any who doubt this, I invite you to ask the families in Wisconsin
who have watched their jobs move to China.
We can't let this continue to happen. We need to turn our trade
policies around. We need to pursue trade agreements that will promote
sustainable economic growth for our Nation and for our trading
partners. This resolution will begin to put us on that path, and I urge
my colleagues to support it.
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