[Congressional Record (Bound Edition), Volume 153 (2007), Part 3]
[Senate]
[Pages 3817-3820]
[From the U.S. 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 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--

[[Page 3818]]

       (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--
       (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

[[Page 3819]]

     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, 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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