Dennis Cardoza

Mr. CARDOZA

Mr. CARDOZA. This amendment is straightforward and common sense. I believe that Congress must ensure that all efforts to provide assistance during these difficult times actually help those that need it the most. I urge adoption of the amendment, and I yield back the balance of my time.

Mr. CARDOZA

Mr. CARDOZA. I thank my friend for yielding. I rise today in support of the Pingree amendment to the National Defense Authorization Act. I understand and respect the passions expressed by my friends on both sides of this issue, but I believe today we must stand firmly on the side of fiscal responsibility and refuse to fund a redundant engine that our military leaders and our Commander in Chief all said is unnecessary and unwarranted. When I am back home in my district, I often hear my constituents say that we never cut anything, and we never can say no. Today I am saying no, and I think this House should as well. I don't think we need two engines on this plane. I believe that we need to save $3 billion every time we get a chance. Today we can make a difference for this deficit. Our country cannot afford to waste precious tax dollars funding this program the military says they don't need.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, I rise today to honor the life of Delfina Telles, former first lady of El Paso, Texas, who passed away on May 6, 2010 in Los Angeles, California at the age of 93. Delfina was a devoted wife and mother who was passionate about her community and work in public service. I am proud to pay tribute today to such a giving woman. Delfina was the wife of Raymond Telles, who served as El Paso's first Hispanic Mayor from 1957-1961. Mr. Telles was also appointed as ambassador to Costa Rica by President Kennedy, during which time Delfina became active in civil affairs, including leading fundraising drives for a children's hospital and a rehabilitation center for children with disabilities in Costa Rica. Delfina is recognized and remembered for her commitment to non-profit organizations and charity work. She worked tirelessly on behalf of such organizations as the March of Dimes, was co-chairperson of the annual Easter Seal Drive for El Paso's Cerebral Palsy Treatment Center, served on the Pan-American Round Table and the Woman's Auxiliary of Providence Memorial Hospital, and was a director of the Chamber of Commerce Women's Department. She is also recognized for her work with the American Red Cross, the American Cancer Society, and Community Chest. She was also appointed to the Defense Department's Advisory Committee on Women in the Service by President Nixon in 1974. Mrs. Telles is survived by her husband, Raymond; her daughters, Cynthia Telles of Los Angeles and Patricia Telles-Irvin of Gainesville, Fla.; two sisters, Ana Jones and Noemi Valenzuela of El Paso; and a brother, Jose Santos Navarro of San Jose, Calif. Delfina Telles was a truly kind-hearted woman whose selfless givings will forever leave a positive impact on the communities she touched. She will be greatly missed by her family, friends, and countless people who were blessed by her life of benevolence.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, I rise today to recognize the distinguished career and service of Dr. Walt L. Hanline upon his retirement as the Superintendent of the Ceres Unified School District. Throughout his 35-year career, Dr. Hanline has demonstrated an ongoing commitment to the development of the highest standards for the education of all children, modeling through his daily interactions with staff and the community his passion for doing what is right, including the creation of smaller learning communities for Ceres students through an unprecedented school facility building project valued at over $166 million and resulting in five new elementary schools and a new high school campus. His dedication to the highest level of integrity and service resulted in his distinguished recognition as the 2007 State Superintendent of the Year by the Association of California School Administrators for his positive influences and successes in education, in proving that all students can succeed when high standards are set. In addition, Dr. Hanline's commitment to the community in which he serves, is evidenced by his award as the 2008 Citizen of the Year by the Ceres Chamber of Commerce, as a result of his successes in building positive working relationships between the City of Ceres and the Ceres Unified School District, co-founding the CUSD Foundation to provide supplemental educational opportunities to Ceres students and teachers, and actively serving in the Ceres community through the Ceres Community Collaborative. He has served as a mentor to future educational leaders through his position as adjunct professor at the California State University, Stanislaus, presenting at numerous education summits and workshops throughout the United States. Dr. Hanline has dedicated himself for over 35 years to education, as a teacher, a principal, and a superintendent, serving the past 9 years as superintendent of the Ceres Unified School District. He has shown himself to be a leader who has vision and determination to achieve the goals he sets for both the District and the community for which he serves. It is my distinguished pleasure to recognize Dr. Walt Hanline for his achievements and to honor him as my friend. I wish both he and his wife, Edith, the best as they embark on this new chapter in their lives.

Mr. CARDOZA

Mr. CARDOZA. Madam Chair, I thank the gentleman for yielding. Madam Chair, while unemployment is still at a record high in my district, the reauthorization of the America COMPETES Act is an important opportunity for us to invest in creating a brighter, more resilient economic future. Manufacturing is leading the early stages of the recovery in California. In fact, I am told that next year could bring the first annual increase in California manufacturing employment in a decade. Madam Chair, now is the time for us to support the manufacturing sector in our country. Energy costs are rising and consumer demand is up for sustainable products. Sustainability will be a key element for keeping our manufacturing sector competitive. Even now, manufacturers are trying to find ways to incorporate emerging sustainable technologies into their businesses. My amendment will help manufacturers respond quickly and effectively to the demand for more sustainable practices by instructing the NIST Director to carry out a green manufacturing and construction initiative that gives manufacturers the information they need to make sound, science-based sustainable investments. I ask my colleagues on both sides of the aisle to support this commonsense amendment. I understand that my good friend, the gentleman from Texas (Mr. Hall) does have some concerns, and I anticipate that he might want to engage in a colloquy, and I stand ready to do that with the gentleman from Texas. Madam Chair, while unemployment is still at a record high in my district, the reauthorization of the America COMPETES Act is an important opportunity for us to invest in creating a brighter, more resilient economic future. The University of California, Merced campus in my district has received millions of Research and Development dollars that are being used to develop new technologies and to train a new generation of scientists, engineers, and teachers. As this new technology is developed, it is also in our nation's best interests to make sure that we find ways to make it profitable for our businesses to implement. Last month, the University of the Pacific published its California Business Forecast report. And, with the notable exception of Toyota's NUMMI plant closure, manufacturing is leading the early stages of the economic recovery in California. In fact, next year could bring the first annual increase in California manufacturing employment in a decade. Madam Chair, now is the time to support the manufacturing sector in our country. Energy costs are rising and consumer demand is up for sustainable products. Sustainability will be one important element for keeping our manufacturing sector competitive. Even now, manufacturers are trying to find ways to incorporate emerging sustainable technology into their business practices. The Sun Chips plant in my district in the City of Modesto is a leader in utilizing sustainable technology. It is cutting back on its environmental impact by using a solar collector field to produce thermal energy to make its snacks. My amendment will help other companies embrace similar sustainability goals and make a profit because of it. It will help other manufacturers respond quickly and effectively to the demand for more sustainable practices by instructing the National Institute of Standards and Technology Director to carry out a green manufacturing and construction initiative that gives manufacturers the information they need to make sound, science-based sustainable investments. There are more than 335,000 manufacturing plants in the United States, and my amendment will give them the information they need to adopt the best sustainable practices and to be technologically competitive in the twenty-first century. I ask my colleagues on both sides of the aisle to support this common sense amendment.

Mr. CARDOZA. Madam Chair, yes, that interpretation is correct, and I thank the gentleman for his colloquy.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, it is with great sadness that I rise today to honor the late Linda Padilla Macedo. Linda passed away peacefully on April 21, 2010. She is survived by her husband, Dan Macedo; her daughters Rebecca and Stephanie; her parents Joseph and Joanna Padilla; her sister Theresa Soares and brother-in-law Steven Soares; her brother-in-law Don Leatherman; her sister-in-law Nanette Barce-Padilla; her brother-in-law and sister-in-law Pamela and Tom Friedman; and numerous nieces and nephews. Linda and her husband Dan were partners in the family dairy business, which had been in operation for 65 years until 2007, when Dan and Linda retired to Sonora. She earned her bachelor of arts and masters degrees from Fresno State University. Linda was a founding member and held many offices including president of the Merced Chapter of California Women for Agriculture and went on to become State president of CWA. She served as chairman of the USDA Farm Services Agency State Committee and the Ag Awareness and Literacy Foundation. She also served on the Merced County Farm Bureau Board of Directors, National Dairy Promotion & Research Board, Merced County Agricultural Preservation Strategy Committee, California Department of Conservation Council for the Preservation of Habitat and Natural Resources, County UC Merced Planning and Advisory Committee, American Agri Women and the Common Threads Committee. Linda donated her knowledge, talents and time in support of her daughters as they grew up, serving as a member of the Our Lady of Mercy Boosters Club and project leader for Lancers 4-H. The volunteer activity closest to her heart was the founding of the Merced County Farmlands and Open Space Trust and the Central Valley Farmland Trust, which she served as the president and on the board of directors. Linda served her community selflessly and through her time and commitment helped to educate the community about the importance of agriculture and the protection of our farmland. Madam Speaker, the recognition that I am offering today before the House of Representatives for Linda Padilla Maced is small compared to the contributions and impact she had on the lives of so many. She was truly an invaluable member of our community, an exemplary advocate for agriculture, and an outstanding human being.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, it is with the greatest respect and admiration that I rise today to honor Cornelius John ``C.J'' Groves. C.J. is not only an engaged member of our community in Merced County, California, but a respected and influential educator. C.J. Groves was born in Casper, Wyoming on May 26, 1920. His family moved in 1924 to Petaluma, California, where they settled. He attended local public schools and graduated in mid-year from Petaluma High School in 1938. After graduation, he enrolled at San Jose State, but was drafted into the U.S. Army in 1941 during his junior year. While in the service, he boxed as a light heavyweight and won all the tournaments that he entered. He retired undefeated. His ability to articulate made him an obvious candidate for Officers Candidate School where he graduated as a second lieutenant and was assigned to the Medical Administrative Corps. He was then sent to the Philippines for active duty. After the war ended, he was shipped to Japan until March 1946. He was discharged as a first lieutenant and ended his military career as a captain in the reserve. After the service, C.J. continued his studies at San Jose State and graduated in June 1947 with a degree in English and a minor in history. He then attended Stanford University, where he completed the credential program. He began teaching at Merced High School in 1948. He continued his own education during his career and ultimately received a masters degree from Chapman University. In 1958, he helped open the new campus for Atwater High School as Vice Principal and Dean of Boys. He served in that capacity until 1974 when he was named Principal of Atwater High School. He continued to lead the school with distinction until 1981 when he retired. His commitment to education has garnered the life-long respect and admiration of the countless students who were fortunate to have gone to both Atwater and Merced High Schools during his long tenure with the Merced Union High School District. His distinguished career in education has also been a source of inspiration and encouragement to all of those who have served with him as faculty and staff. C.J. currently resides in Merced, where he has enjoyed his retirement years. He was an active member of his duck club for many years, a member of the Elks, and is a 32nd degree Mason. Madam Speaker, it is my distinct honor and privilege to join my community in honoring Mr. C.J. Groves on his 90th birthday.

Mr. CARDOZA

Mr. CARDOZA. Mr. Speaker, I would like to submit for the record a letter sent to me by the Physician Insurers Association (PIAA) expressing their concerns that multiple provisions of H.R. 3590 could potentially create new causes of action for medical liability claims despite the assurances I received from the committees and others that there would be no impact. Mr. Speaker, the House-passed H.R. 3962 prevented these causes of action from being created by adding Section 261. Section 261 stated that the development, recognition, or implementation of any guideline or other standard shall not be construed to establish the standard of care or the duty of care owed by healthcare providers to their patients in any malpractice action or claim. Mr. Speaker, for the record, it was the legislative intent of Congress to insert Section 261 or similar language in any Conference Committee bill to prevent new causes of action. It was not and never has been the intent of this legislation to create any new causes of action or claims premised on the development of guidelines or other standards. Physician Insurers Association of America, Rockville, MD, March 9, 2010. Hon. Dennis Cardoza, Longworth Building, Washington, DC. Dear Congressman Cardoza: On behalf of the 60 domestic primary medical professional liability insurance company members of the Physician Insurers Association of America (PIAA), I am writing regarding the healthcare reform legislation passed by the Senate. Specifically, I would like to share our concerns about the legislation creating new causes of action for medical liability claims. The PIAA is the only trade association in the nation dedicated solely to the medical professional liability insurance industry. Our members are physician and other healthcare provider owned or operated professional liability insurers which provide indemnification for over 60% of America's doctors, as well as dentists, hospitals and other healthcare providers. Our member insurance companies were formed by state medical, dental and hospital associations over the past 30 years, to include 4 which are domiciled in California. They were formed with the specific goals of lowering insurance costs for providers and helping patients through sound underwriting and patient safety practices. In this regard, we are uniquely qualified to offer our perspective on medical liability issues. As approved by the Senate, H.R. 3590 contains at least 14 provisions which could create new causes of action for medical liability claims. These include: Section 2701 (adult health quality measures). Section 2702 (payment adjustments for health care acquired conditions). Section 3001 (Hospital Value-Based Purchase Program). Section 3002 (improvements to the Physician Quality Reporting Initiative). Section 3003 (improvements to the Physician Feedback Program). Section 3007 (value based payment modifier under physician fee schedule). Section 3008 (payment adjustment for conditions acquired in hospitals). Section 3013 (quality measure development). Section 3014 (quality measurement). Section 3021 (Establishment of Center for Medicare and Medicaid Innovation). Section 3025 (hospital readmission reduction program). Section 3501 (health care delivery system research, quality improvement). Section 4003 (Task Force on Clinical and Preventive Services). Section 4301 (research to optimize deliver of public health services). Sufficient questions were raised about these sections of H.R. 3590 that a provision was added to the bill commissioning a Government Accountability Office (GAO) study to see if these sections did indeed result in new avenues for medical liability claims to be filed. Quite simply, such a study is unnecessary and possibly harmful. If Congress intends to create multiple new avenues for the filing of medical liability claims, it does not need to commission the study. If, as we have been told, it does not intend to substantially increase medical liability litigation, a study will only needlessly create an opening for such cases to be filed until Congress finds the opportunity to correct the issue. Congress should not wait for a study to be conducted--it should clearly state its intent in the legislation to not create new medical liability causes of action which could dramatically increase medical liability insurance premiums and potentially decrease access to healthcare providers in the process. The PIAA recommends the following legislation language to address this issue: Sec. XXXX--Construction Regarding Standard of Care The development, recognition, or implementation of any guideline or other standard under any provision of this Act shall not be construed to establish the standard of care or duty of care owed by healthcare providers to their patients in any medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C.10 11151(7)). From the very beginning of the healthcare reform debate, there has been broad consensus that medical liability reform was a necessary component in making our healthcare system more efficient and effective. While the exact nature of that reform has been the source of some disagreement, no one has been suggesting that our medical system will be improved by having new opportunities for even more medical liability claims to be filed. Congress should ensure such opportunities are not created by healthcare reform legislation. Thank you for your time and consideration of this critically important issue. Should you have any questions about these proposals, or need additional information, please do not hesitate to contact me. We look forward to working with you on this most important issue. Sincerely, Lawrence E. Smarr, President.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, Congressman Costa and I rise today to honor the life of our dear friend, Mr. Otto Ignacio Coelho, Sr., a long time resident of Hilmar, California. Mr. Coelho passed away at the age of 92. Mr. Coelho was a strong leader of the community and served on numerous Portuguese organizations. Although a native of Tulare, California, he made Hilmar his home. He was one of six children born to Pauline and Pedro Coelho who immigrated to the United States from Terceira, the Azores in Portugal. Otto was raised on the family dairy until his family moved to Monterey. His father was a fisherman and Otto worked for a time selling the fish his father and brother caught. Otto eventually returned to the Central Valley and the dairy industry. On September 3, 1938, Otto married the love of his life, Alice Branco, whom he had known since childhood. Otto was involved in the dairy industry until the 1960s, after which time he did custom farming and later was active in farm equipment sales for N&S Tractor Company. After retirement, Otto became even more involved in the Pentecost celebrations he had loved since a child. He was a member of the Dos Palos DES Stevinson Pentecost Association, Nossa Senhora do Rosario of Hilmar, and Our Lady of Fatima Los Banos. He greatly enjoyed making the rounds to collect for Festa celebrations throughout the valley, and proudly kept his route books. He was a member of the SES. Otto was also deeply devoted to his Catholic faith, and was a long-time member and officer of the YMI at Holy Rosary St. Mary's Catholic Church in Hilmar, where he lived since 1965. He also belonged to the Knights of Columbus and was active in Casa da Azores in Hilmar. Otto and Alice raised four children, Otto Jr. (Claudette) of Madera, Gilbert (Carol) of Firebaugh, Tony (Phyllis) of Delaware, and Susan Mattos of Newman. He is also survived by 15 grandchildren, 24 great- grandchildren and one great-great-grandson. He is also survived by his sisters, Mercedes Martins of Watsonville, Nira Jean Perry (Joe) of Hollister, and Lee Coelho (Nancy) of Lemoore. Otto Coelho was a pillar of our community. His strong sense of faith, family, and community speak volumes for generations to come. It is our honor to recognize Otto Coelho and to honor his legacy at this time. We extend our deepest sympathy to his family on their loss.

Mr. CARDOZA

Mr. CARDOZA. Mr. Speaker, my wife has been a family doctor for 20 years and comes home every single night telling me stories about her patients who have paid their premiums, but when they get sick and need coverage, they're denied the care by the same companies who are trying to kill this legislation here today. I have heard her on the phone fighting those very insurance company executives to let her practice medicine the way she was trained at the University of California at Davis Medical School. What a concept, to have your doctor write your prescription, not someone on the other end of an insurance company authorization line. This is not socialized medicine. Far from it. We are making sure that the doctor is making the decision, not the insurance company. Mr. Speaker, my brother runs a company, a business, a small business that has been in my family for 50 years. Two weeks ago he was told his premiums are going up by 75 percent. To add insult to injury, on that very day, my sister-in-law had had knee replacement surgery and the doctor thought she needed a few extra days in the hospital because they were afraid that she might get blood clots. She was told by her insurance company they couldn't have that time initially because it was too expensive. There was a little girl in my hometown who had leukemia. The insurance company told her she couldn't go to the hospital with the best success rate to fix her disease. She had to go to the hospital with a much lesser success rate because it was cheaper there. Her parents called me and I tried desperately to help get her to the other hospital. I failed. She died. That is what is happening in America right now. That is what we have to deal with today. That is what the American people want fixed, and that is precisely what this reform is all about. Mr. Speaker, when I was 22 years old, I was an intern here in this very Capitol. Mr. Kennedy was holding hearings on health care reform for all Americans. I listened to the very same arguments by the people trying to kill this bill here today back then. They're the same people that were fighting health care. They don't care about patients. All they care about is the bottom-line profits for the insurance companies. We have waited for this day far too long already. If we don't take a stand and do the right thing here today, the very same debate will be taking place in another 30 years. So I'm going to vote for this bill, Mr. Speaker. I am going to vote for it proudly because the reform is so desperately needed, and it's also desperately long overdue.

Mr. CARDOZA

Mr. CARDOZA. Few regions in the Nation are suffering more from the recession than the San Joaquin Valley of California. The three biggest cities in my district--Merced, Stockton, and Modesto--have some of the highest foreclosure and unemployment rates in the country. As I've said before, my district has been economically ravaged at the level equal to the devastation that we have seen oftentimes in the aftermath of hurricanes. Twelve days ago, the Democratic Congress passed the HIRE Act to help create jobs, strengthen our economy, and to bring help to the communities like mine that need it. It provides tax incentives and credits for businesses to hire unemployed workers and to help small businesses invest and expand. This commonsense legislation will help countless unemployed Americans back onto company payrolls. It's high time for the Senate to finally pass this bill and send it to President Obama. Nowhere is this bill more necessary than in the San Joaquin Valley. We needed help last week, and we needed it a year ago. Economic relief for my constituents remain long overdue. It's time to stop playing political games and start providing it.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, I rise today to honor Mr. Ray Souza as he is completing his term as President of the Western United Dairymen. Mr. Souza is respected throughout California as one of the foremost experts on dairy policy and is a passionate advocate for California dairy producers. He is a well-known and respected leader in his local community, the California dairy industry, and in national organizations. He is the owner and operator of Mel-Delin Dairy in Turlock, California, a family dairy established by his grandfather in 1930. He started as a teenager with a 4-H cow that he purchased at an auction and has been making their living on milking cows ever since. Mr. Souza takes an active role in his local community. He is a member of numerous community organizations including the Turlock Chamber of Commerce, Stanislaus County Farm Bureau and many others. Mr. Souza was recognized as the Chamber's Ag Leader of the year in 1994. Mr. Souza was appointed to the Stanislaus County Fair Board in 1996, a position he still holds. Mr. Souza has been a member of the Western United Dairymen since its inception in 1984. He has served on the board of directors for over 10 years and is currently completing his second term as President. In this capacity he has testified before Congress on issues related to the dairy industry and advises members of Congress on real world impacts of dairy policy decisions. The quality of leadership that Mr. Souza has provided to the Western United Dairymen has been critical to the success and growth of the organization. Madam Speaker, I ask that my colleagues join me in honoring my good friend, Mr. Ray Souza, for his leadership, dedication, and outstanding service to Western United Dairymen.

Mr. CARDOZA

Mr. CARDOZA. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1126 and ask for its immediate consideration.

Mr. CARDOZA. Madam Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentlewoman from North Carolina (Ms. Foxx). All time yielded during consideration of the rule is for debate only. General Leave

Mr. CARDOZA. I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on House Resolution 1126.

Mr. CARDOZA. I yield myself such time as I may consume. Madam Speaker, House Resolution 1126 provides for consideration of H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, under a structured rule. The rule provides for 1 hour of general debate, equally divided and controlled by the chairman and ranking member of the Committee on Education and Labor. The rule makes in order the two amendments that were submitted for consideration and are printed in the Rules Committee report--a manager's amendment by Chairman Miller and an amendment by Representative Flake. The rule waives all points of order against consideration of the bill, except for clauses 9 and 10 of rule XXI, and provides one motion to recommit with or without instructions. The rule authorizes the Speaker to entertain motions that the House suspend the rules through the legislative day of Thursday, March 4, 2010. The Speaker shall consult with the minority leader on the designation of any matter for consideration pursuant to this rule. The rule also provides for same-day consideration of any resolution reported from the Rules Committee through the legislative day of Thursday, March 4, 2010. Madam Speaker, the bill before us today, the Preventing Harmful Restraint and Seclusion in Schools Act, responds to a shocking and urgent need to protect our children in their schools. Last year, the Committee on Education and Labor held a hearing where they were told horrifying accounts of young, innocent children who were subjected to abusive uses of restraint and seclusion in their classrooms, and they were told of some who died as a result of this abuse. These were, unfortunately, not isolated incidents. The committee also heard from the Government Accountability Office's managing director of Forensic Audits and Special Investigations, who testified that the GAO found ``hundreds of cases of alleged abuse and death related to the use of these methods on schoolchildren.'' In Texas and in California alone, the GAO found there were over 33,000 reported incidents of restraint or seclusion during the school year of 2007-2008. Madam Speaker, this is deplorable and inexcusable, and it is simply not humane. Even worse, parents may have no idea what is taking place in their children's classrooms. Sometimes the only signs parents may ever see are slow but stark behavioral changes in their children, at which point the children have been afflicted with deep psychological issues and damage. I shudder at the thought that, while innocent children are supposed to be learning about reading, writing and arithmetic, they may be subjected to unspeakable abuse while they are at the hands of their trusted educators. It is abuse which will affect their lives forever. Our Nation's youth already have to overcome many obstacles in their lives, and they should not be subjected to such scars which may never ever heal. If that weren't bad enough, consider the countless children with disabilities or special needs who are disproportionately restrained or secluded at school at far greater rates. Further, many of these children have no means whatsoever of communicating with their parents. Madam Speaker, no child should ever be subjected to abuse or neglect, especially when in the care of those we are supposed to trust the most. Despite what you may have heard from the other side of the aisle, the bill before us today is not about Federal control or about setting up a one-size-fits-all Federal mandate. It is about establishing flexible guidelines for States in order to help them raise the bar and to solve a problem that they simply have failed to adequately address on their own. There are 19 States which currently don't have any laws addressing seclusion or restraint in schools. No laws at all. In the 31 States which do, their laws are all over the map. In fact, some of them set guidelines so low they might as well not have any rules at all. Madam Speaker, this bill, H.R. 4247, will remedy that problem once and for all. It will require States to meet minimum safety standards to prevent abuse by restraint and seclusion in schools across the country, similar to the protections already in place in medical- and community- based facilities. H.R. 4247 specifically prohibits the use of mechanical, chemical, or physical restraints or any other restraint that restricts breathing, and it prohibits abusive behavioral interventions that compromise the health and safety of the children. The bill does, however, allow for the temporary restraint or seclusion of a child under certain circumstances if the child possesses an imminent danger to himself or to others in the classroom. The Secretary of Education will issue regulations establishing such standards, and the States will have 2 years to have their own policies in place to meet or to exceed these regulations. In closing, I would like to commend the Committee on Education and Labor for its continued efforts on behalf of our Nation's children. I strongly urge my colleagues on both sides of the aisle to support this commonsense legislation. I reserve the balance of my time.

Mr. CARDOZA. Madam Speaker, the gentlelady from North Carolina states that we have no statistics to back up the point of why we are bringing this bill to the floor today. In just Texas and California, there were 33,000 cases reported to the committee in one year. If that is not a statistic that can make your hair curl, I don't know what is. Even Ranking Member Kline said that we are in urgent need of further statistics, because he does believe that this is a serious question. But just to make the point, to make the case even stronger, the gentlelady's State, North Carolina, the reason why we need this bill, she says some States have rules that already deal with this problem. Let me read you a little bit about what North Carolina's law says. It says it allows for seclusion and restraint to maintain order or calm or comfort in the classroom and does not require that there be imminent danger or an emergency, and people can use it for discipline and to write it into IEP, or individualized education programs. That is exactly why we need this, because some States, like her home State, don't understand that this shouldn't be the way we deal with children, children with special needs or other challenges. It shouldn't be the standard operating procedure in our schools. Madam Speaker, I now would like to yield 2 minutes to the gentleman from California (Mr. George Miller), the Chair of the committee.

Mr. CARDOZA. I yield the gentleman from California 2 additional minutes.

Mr. CARDOZA. Madam Speaker, I would like to point out that in the 109th Congress, the Republican Rules Committee, chaired by the gentleman who just spoke, my colleague from California, reported 21 rules that waived the two-thirds vote requirement for same day rules. Furthermore, five of those rules waived this requirement against any rule that was reported from the committee. So I find it a bit ironic that my friends on the other side of the aisle are so outraged by this procedure that's been done routinely by both Republican- and Democratic-controlled Congresses. The blanket waiver is to allow maximum flexibility in bringing legislation to the floor quickly--legislation to support the Federal highway transit programs, which provide much-needed jobs during these difficult times; or, legislation to extend vital social safety-net programs such as unemployment insurance and COBRA, programs which, thanks to the Senate and the filibuster that preceded the debates over there, allowed these programs to expire at the end of February, putting 200,000 workers off the job until we get this bill passed. We aren't sure what form all these measures are going to take yet, but it is essential that we have maximum flexibility to respond to whatever legislative vehicles can best address these matters. I want to point out that these are very, very difficult times. In my own district, we have 20 percent unemployment. Last night, I had a town hall meeting with my constituents. They're demanding answers and jobs. They want it today. They don't want it next week; they want it now. And all of the obfuscation, all of the delay tactics, all of the challenges to getting people back to work are not very tolerated by them these days. Every day counts in America right now. We have to put our people back to work. I would suggest that we should be figuring out together how to expedite these processes rather than standing on parliamentary procedure tactics to say, No, let's wait some more. Let's put these bills off.

Mr. CARDOZA. I would be happy to yield to the gentleman from California for questions.

Mr. CARDOZA. Madam Speaker, reclaiming my time, in response to the statement of the gentleman, I would just say that, yes, these are used for extraordinary situations, like when 200,000 people are put out of work because of a Senate filibuster for no particularly good reason. Madam Speaker, I reserve the balance of my time.

Mr. CARDOZA. Well, in response, Madam Speaker, I would just raise that it's my belief that the Senate voted 78 to some teen number. I'm not sure what the final tally was.

Mr. CARDOZA. Nineteen, on behalf of the package, the jobs bill that we're contemplating bringing up tomorrow. Now, this illustrates the point that we've been frustrated for a long time. The gentleman is correct that both his district and my district are suffering from lack of jobs, too high unemployment. But when you get a constant slowing down of the process in the Senate to the point where we can't accomplish what the American people want us to accomplish in this Congress, then you will have this kind of situation where we get into a situation where 200,000 people have been put out of work because of lack of action by the other body.

Mr. CARDOZA. I will just respond by saying that I'd love to work in a bipartisan way. But you need partners in a bipartisan process. Frankly, we've seen more push-back and diversion and obfuscation of the details and the merits of this legislation. A bill that passes 78-19, as the gentleman indicated, is one where there is significant agreement. Yet, the rules of the Senate often times allow there to be significant delays in very needed legislation to come to the aid of our constituents. And so I would say that, yes, today or tomorrow we need to bring up a bill that deals with the unemployment benefit for my constituents and Mr. Dreier's and the rest of the Nation's as well. We need to put those transit workers back to work. We need to take care of the business before us. And when we constantly see the generally unfeeling situation where we're just going to have a filibuster in the Senate while folks will no longer get their unemployment benefits and suffer in the process, I don't think that's what the American people sent us here to do. I believe that we must pass this rule. We must move the jobs bill as soon as humanly possible. And we need to also deal with the education bill that we brought up before the House and is the main purpose for why we're here today. Madam Speaker, I reserve the balance of my time.