Betty Sutton

Ms. SUTTON

Ms. SUTTON. Mr. Speaker, I ask unanimous consent that all Members be given 5 legislative days in which to revise and extend their remarks on House Resolution 1299.

Ms. SUTTON. I yield myself such time as I may consume. Mr. Speaker, House Resolution 1299 provides for consideration of H.R. 3195, the ADA Amendments Act of 2008. The rule makes in order as base text the bill as reported by the Committee on Education and Labor that was identical to the bill as reported by the Committee on the Judiciary. The bill provides for 1 hour of debate, with 40 minutes controlled by the Committee on Education and Labor and 20 minutes by the Committee on the Judiciary. The rule waives all points of order against consideration of the bill, except clauses 9 and 10 of rule XXI. Lastly, the rule provides one motion to recommit, with or without instructions. Mr. Speaker, I rise today in strong support of House Resolution 1299 and the underlying bill, H.R. 3195, the ADA Amendments Act. It was nearly 18 years ago that the Americans with Disabilities Act was signed into law. It sent a resounding message that discrimination against individuals with disabilities would not be tolerated, not in employment, not in transportation, not in housing, not in services, or in any other area of our daily lives. It was a law intended to tear down the barriers, preventing individuals with disabilities from reaching their full potential. It was a commitment from Congress that discrimination in any form would not be tolerated. The Americans with Disabilities Act was an historic civil rights law, the most sweeping since the Civil Rights Act of 1964. Yet, despite the broad application of other civil rights statutes, a series of court decisions has dramatically narrowed the scope of the ADA. Unfortunately, this has denied millions of disabled Americans the protections Congress had originally intended for them. Mr. Speaker, the intent of Congress was to allow individuals with disabilities to fully participate in society, free from the fear of discrimination. Yet Supreme Court interpretations have shifted the focus from whether an individual has experienced discrimination to whether an individual could even be considered ``disabled enough'' to qualify for the protections of the law. In making this determination, the Court has implemented a standard that excludes many individuals originally intended to be covered by the ADA. They have held that the definition of ``disability'' must be applied ``strictly to create a demanding standard for qualifying as disabled.'' In addition, the Court has found that mitigating measures that help address an impairment, such as medication, hearing aids or other treatments, must be considered in determining whether an impairment is disabling enough to qualify under the ADA. And so millions of Americans with disabilities have found themselves in a Catch-22. They face employment discrimination because of their disabilities, yet they may be denied relief under the ADA because they are considered ``too functional'' to qualify for its protections. Mr. Speaker, this is completely at odds with the original intent of Congress and the original focus of the ADA. Due to these narrow interpretations, individuals with serious conditions such as epilepsy, diabetes, cancer, cerebral palsy, multiple sclerosis, and developmental disabilities have found themselves excluded from the protections afforded by the ADA. Basic equality under the law has been denied to millions of disabled Americans for too long. But today, after months of hard work on all sides of this issue, we seek to fulfill the promise we made to Americans with disabilities nearly two decades ago. And let me be clear. The ADA Amendments Act does not expand the original scope of the ADA. Rather, it restores the promise that Congress made to every single American, a promise that everyone will have an equal opportunity to succeed; that we will tear down the barriers that prevent individuals from reaching their full potential; and that we will be judged on our abilities rather than on our disabilities. The ADA Amendments Act clarifies that the ADA's protections are intended to be broad. It also restores the focus to wrongful discrimination. Our bill clarifies that anyone who is discriminated against because of an impairment, whether or not this impairment limits the performance of any major life activities, is entitled to the ADA protection. And, finally, it states that mitigating measures will not disqualify people with disabilities from the protections afforded by the ADA. I am proud to join with over half of the Members of this body as a cosponsor of this important bill. Today we are demonstrating our commitment to every American that discrimination will not be tolerated. This should be the case whether based on race, national origin, gender, age, religion, sexual orientation or disability. By upholding this most important of principles, our country will be richer for it. I urge my colleagues to support this rule and the underlying bill. I reserve the balance of my time.

Ms. SUTTON. Mr. Speaker, I am the last speaker on this side, so I will reserve my time until the gentleman has closed for his side and yielded back his time.

Ms. SUTTON. Mr. Speaker, my good friend from Texas is trying to shift the discussion away from this fantastic, fantastic bill, the Americans With Disabilities Act Amendments, onto an issue of energy. But the American people know that for the past 7 years this country under this administration has been following an energy policy from the White House written by the Vice President with the oil executives. Truth be told, there are 68 million acres of leased land available for drilling. And we believe that, of course, that drilling should be taking place on that 68 million acres of leased land, but we also believe that we should be looking diligently for alternative forms of energy. The reality of it is that this is a deflective tactic. This House has passed under this new Congress landmark energy legislation that will provide relief in years to come. We have also passed measure after measure after measure that would provide relief to American consumers but only to have them blocked by those on the other side of the aisle and by the administration. But, today, we don't rise to dwell on that. We rise to support and to celebrate this bill. The Americans with Disabilities Act was passed in 1999 with such a broad coalition of support that it was regarded as a mandate, Mr. Speaker, and we have made progress in a number of areas to ensure individuals with disabilities are fully able to participate in society. But, in many ways, the ADA is a promise that remains unfulfilled. Today, through the ADA Amendments Act, we are unequivocally demonstrating our commitment to the principle of equal opportunity for all Americans. We will be removing the hurdles individuals with disabilities have faced when trying to enjoy the freedoms that are the right of every American. The ADA Amendments Act has the full support of one of the most diverse coalitions of groups I have ever seen, from the disability community, the civil rights community, groups representing pro-business interests, and from Members on both sides of the aisle from this, the people's House. It represents a balance between the interests of employers and individuals with disabilities, and it demonstrates our resolve to ensure that all Americans can work to reach their full potential. I strongly urge my colleagues to support this rule and the underlying legislation. I urge a ``yes'' vote on the previous question and on the rule.

Ms. SUTTON. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.

Ms. SUTTON

Ms. SUTTON. I thank the gentleman from Kentucky. Mr. Speaker, I rise today as the proud sponsor of H.R. 4926, the Josh Miller Helping Everyone Access Responsive Treatment in Schools Act, or the Josh Miller HEARTS Act. This legislation establishes a grant program to ensure that every elementary and secondary school across the country can obtain automated external defibrillators, or AEDs. I introduced the Josh Miller HEARTS Act last December in memory of a young man from my hometown of Barberton, Ohio. Josh was the sort of kid who could light up a room, someone who you knew would go on to achieve great things. He was a sophomore at Barberton High School with a 4.0 grade point average, a linebacker who dreamed of playing football some day for Ohio State. But one day, without warning, those dreams were cut short. During the final game of the 2000 football season, Josh collapsed after leaving the field. By the time his heart was shocked with the defibrillator, it was too late to save him. Josh suffered a sudden cardiac arrest, which according to the American Heart Association, claims the lives of about 330,000 Americans every year. The vast majority of these individuals, like Josh, will never have displayed any signs of heart trouble beforehand. Yet there is an easy-to-use, relatively inexpensive piece of medical equipment that can more than double the odds of survival for someone experiencing a sudden cardiac arrest. An automated external defibrillator, or AED, is the single most effective treatment for starting the heart after a sudden cardiac arrest. And because the chances of survival decrease up to 10 percent for every minute that passes, every second is critical. Schools, as you've heard, are central gathering places in our communities that make them the ideal locations for AEDs. Placed in our schools, AEDs can save not only students but also staff and parents and many other visitors who come through our schools every day. The Josh Miller HEARTS Act establishes a grant program to ensure that AEDs will be available to every elementary and secondary school, public and private across the country. AED/CPR training is also an important part of raising awareness in using AEDs correctly. H.R. 4926 makes funds for training available to schools that already have AEDs, as well as to schools that will receive AEDs through this program. Finally, this legislation also requires coordination with local emergency medical services and integration into the school's emergency response plan, to ensure their effective use within each community. I would like to take a moment to thank Chairman Miller and Ranking Member McKeon for making this legislation a priority and for moving it forward. And I want to thank Representative Kuhl and representatives on both sides of the aisle for their support of this very important initiative. I thank Representative Yarmuth for his leadership, and I also would like to recognize Dr. Terry Gordon, a cardiologist who was instrumental in pushing a similar effort successfully in my home State of Ohio and who has put his whole heart into making this life-saving device available across this Nation his vocation. Finally, I would like to close by thanking the Miller family, especially Josh's parents, Ken and Jerri Miller, for their courage and for transforming their life into this life-saving mission. Losing a young life like Josh's can make us feel helpless, but through these tragedies, many families like the Millers and the Acomporas have found the strength to act. They have found the courage to speak out so that their other children can have the chance that their children never did, and so that other families will not have to feel their pain. Although H.R. 4926 bears Josh Miller's name, it is truly in memory of all those who might have been saved, and in celebration of those who because of this program will have the opportunity to live their lives to their fullest potential. Let's give these children that chance.

Ms. SUTTON

Ms. SUTTON. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1234 and ask for its immediate consideration.

Ms. SUTTON. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Oregon (Mr. Blumenauer).

Ms. SUTTON. For the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Lincoln Diaz-Balart). All time yielded during consideration of the rule is for debate only. I yield myself such time as I may consume. I also ask unanimous consent that all Members be given 5 legislative days in which to revise and extend their remarks on H. Res. 1234.

Ms. SUTTON. Mr. Speaker, H. Res. 1234 provides for consideration of H.R. 3021, the 21st Century Green High-Performing Public Facilities Act, under a structured rule. The rule provides 1 hour of general debate controlled by the Committee on Education and Labor. The rule makes in order eight amendments which are printed in the Rules Committee report. The rule also provides one motion to recommit, with or without instructions. Mr. Speaker, I am proud to rise today in strong support of H.R. 3021, the 21st Century Green High-Performing Public Schools Facilities Act. This legislation is important and groundbreaking because it simultaneously addresses important issues confronting our Nation in the 21st century, improving our education system, modernizing our buildings and infrastructures to be environmentally sustainable, and creating jobs to grow our economy. Mr. Speaker, our Nation's school districts are struggling to make essential improvements during these lean economic times. According to recent estimates, America's schools are hundreds of billions of dollars short of the funding needed to ensure that every student attends a high quality facility. Too many parents across this country are forced to drop off their children at schools that are falling apart, schools with leaking roofs and faulty electrical systems, schools with outdated technology which compromises their ability to achieve and succeed. Our bill provides $33.2 billion over 5 years for schools across the country for projects to modernize, renovate, and repair their facilities. This funding is crucial to improve our schools so that the students have a healthy and safe environment in which to learn and develop the knowledge and the skills necessary to compete in today's workforce. H.R. 3021 also addresses disparities in school facilities funding. It directs the Secretary of Education to distribute funds to school districts according to the same need-based formula used under title I of the Elementary and Secondary Education Act which provides funding for low income school districts. Funding provided in this bill can be used for energy efficiency and technology improvements, asbestos removal and lead abatement, and for ensuring that schools are prepared for emergencies. The funding is provided with few restrictions, which will allow individual schools to satisfy their individual needs. Renovating schools so that they are environmentally sustainable will provide numerous health and educational benefits for students. Increasing air quality and lighting will enhance our students' ability to focus and learn, while reducing student sick days and improving the health of students with asthma and other respiratory problems. Green schools also cost about 2 percent less than conventional schools, while providing financial benefits that are 20 times as large, utilizing 33 percent less energy and 32 percent less water than traditional schools. Enabling students to attend environmentally sustainable schools not only insures a healthy learning environment. It will also naturally facilitate environmental literacy in our youth. This will help our children grow into stewards of our environment and natural resources that we must treasure and preserve for future generations. Unfortunately, many schools in my district and across the Nation are also forced to address difficult security challenges. For example, Brunswick High School in my district is the largest single-level high school building in Ohio, stretching a quarter of a mile from end to end with 60 entrances. As you can imagine, this presents a formidable security challenge for teachers and administrators. For these reasons, Congresswoman McCarthy and I have worked to include a provision in the manager's amendment for this legislation that will allow schools to improve building infrastructure to accommodate security measures and security doors. This bill authorizes $100 million a year through 2013 specifically for public schools in the gulf coast that are still working to rebuild from the devastation that Hurricanes Katrina and Rita wrought three years ago. Families in the gulf coast are still fighting to recover and to put their lives back together. Mr. Speaker, we must continue to devote extra resources so that those schools and those communities can rebuild. School modernization is the central purpose of 3021. Equally important and necessary is the essential economic stimulus that this bill will provide by creating more than 100,000 new jobs for American workers who design and build schools, from roofing contractors, construction workers and electricians, to architects and engineers. It's estimated that this bill will result in the creation of nearly 4,000 jobs in my home State of Ohio in 2009 alone. Mr. Speaker, in these challenging economic times, important and innovative legislation such as this bill will go a long way to creating new opportunities for America's workforce. Passing this bill will enable school districts to upgrade their facilities and lead our Nation's students towards a brighter and healthier future while addressing the job crisis we face today. I reserve the balance of my time.

Ms. SUTTON. Mr. Speaker, at this point I yield 3 minutes to the distinguished gentleman from California, the chairman of the Committee on Education and Labor, Mr. Miller. (Mr. GEORGE MILLER of California asked and was given permission to revise and extend his remarks.)

Ms. SUTTON. Mr. Speaker, I reserve the balance of my time.

Ms. SUTTON. Mr. Speaker, I am going to reserve my time until the gentleman has closed for his side and has yielded back his time.

Ms. SUTTON. Mr. Speaker, I reserve my time.

Ms. SUTTON. I continue to reserve my time.

Ms. SUTTON. Mr. Speaker, I want to remind my colleagues who may be listening to this debate that this rule and this bill are about repairing and improving our Nation's schools. I also want to remind the people at home that, of course, those who are railing now about the effects of energy policy over the past 6 or so or 8 or 10 years were in charge, most of that time with a Republican President, and this is what we get. So this Congress, of course, is a new majority, and we have taken bold steps to put incentives in place that will lead to historic change and will turn the corner to renewable sources of energy in this country being developed. We have 30 million acres on which oil drilling can take place right now, and those are just sitting idle. Those on the other side of the aisle don't tell us the whole story when they're talking about these issues. But I just want to repeat, I want to remind my colleagues who may be listening to this debate, that this rule and this bill is about the very important business of repairing and improving our Nation's schools. With that, I reserve my time.

Ms. SUTTON. Mr. Speaker, at this time, I yield 3 minutes to the distinguished gentleman from California (Mr. George Miller).

Ms. SUTTON. Mr. Speaker, as we lead this country in the 21st century, we must work creatively to form policies that address the intertwining nature of the challenges we face. I've heard that this isn't important legislation from the other side of the aisle, and that is concerning to me because safe and healthy schools are important. Environmentally sustainable schools are important. Creating 100,000 jobs in this country is important. Acting to instill environmental stewardship in students and our youth is important. One out of five Americans attends school each day. A 2006 report concluded that, despite significant State and local expenditures on school construction and renovation from 1996 to 2004, there continues to be millions of students in substandard and overcrowded school conditions. This bill will set our 60 million school children on a path to a better education and a healthier future by providing a Federal investment to help renovate, prepare, and modernize thousands of public schools. I urge a ``yes'' vote on the previous question and on the rule.

Ms. SUTTON. I yield back the balance of my time, and I move the previous question on the resolution.

Ms. SUTTON

Ms. SUTTON. Madam Speaker, I rise today with Memorial Day upon us to honor and remember the 22 Marines and Navy Corpsman from the Lima Company who lost their lives while serving in Iraq in 2005. The Lima Company is a Marine reserve unit based in Columbus, Ohio, whose members span 7 states. The Company is part of the 3rd Battalion, 25th Marine Regiment, 4th Marine Division, that was first activated on May 1, 1943. The Battalion fought in several battles in World War II, including the Battle of Iwo Jima, where the unit helped capture a key airfield. Throughout its deployment to Iraq in 2005, Lima Company served the United States with great dignity and pride. Fifty-nine of its members were awarded purple hearts. The company was once known as ``Lucky Lima.'' Unfortunately, the fates of the battlefield in Iraq were not kind to these men. The Lima Company is one of the hardest hit single units that has fought in Operation Iraqi Freedom. During the course of a single week in the summer of 2005, Lima lost 21 of its own. During the course of its seven-month deployment, 23 men out of 189 men were lost. I would like to read the list of the fallen so that we take the time to honor each individual lost and remember the tremendous losses their families and communities have suffered: Lance Corporal Timothy M. Bell, Jr.; Lance Corporal Eric J. Bernholtz; Corporal Dustin A. Derga; Lance Corporal Nicholas B. Erdy; Lance Corporal Wesley G. Davids; Sergeant David N. Wimberg; Lance Corporal Michael J. Cifuentes; Lance Corporal Christopher J. Dyer; Lance Corporal Jonathan W. Grant; Sergeant David Kenneth J. Kreuter; Lance Corporal Jourdan L. Grez; Private First Class Christopher R. Dixon. Lance Corporal Christopher P. Lyons; Staff Sergeant Anthony L. Goodwin; Petty Officer 3rd Class Travis Youngblood; Sergeant Justin F. Hoffman; Staff Sergeant Kendall H. Ivy III; Lance Corporal Nicholas William B. Bloem; Corporal Andre L. Williams; Lance Corporal Grant B. Fraser; Lance Corporal Aaron H. Reed; Lance Corporal Edward A. Schroeder II; and Lance Corporal William B. Wightman. These men have touched the hearts of people around Ohio as we have collectively grieved their passing. One such person who has exhibited her sincere dedication to the sacrifices of these men is Anita Miller, a liturgical artist who resides in Columbus. Like everyone in Ohio, Anita knew the devastating losses that the Lima Company family has endured during the Iraq War and the impact that these losses have had on our communities. Anita awoke one morning in October of 2005 with the idea of creating a lasting memorial to honor the Lima Company. She has used her immense talents to create an octagon Memorial, consisting of eight panels that depict each of the fallen Marines and Corpsman, with a candle and bronzed combat boots in front of each portrait. A shelf at the bottom of the panel will allow for flowers or mementos to be left by the public. The memorial will be unveiled in the rotunda of the Ohio Statehouse on Friday and thereafter be a mobile memorial similar to the traveling Vietnam Memorial so that people around Ohio and the United States have an opportunity to pay tribute to Lima Company. I know that every American joins me in remembering our men and women in uniform not just on Memorial Day, but every day, for what they have sacrificed and fought for in giving us the freedoms we hold so dear. As we celebrate Memorial Day, I hope that memorials such as the Lima Company Traveling Memorial and services and parades around the country allow us to pay tribute to all of the men and women who have sacrificed their lives for our country.

Ms. SUTTON

Ms. SUTTON. Mr. Speaker, I rise today to offer my heartfelt congratulations to the State of Israel on the occasion of its 60th anniversary. Since its declaration of independence, Israel has stood as a strong ally and friend of the United States. This friendship stems from the commonalities that led to our respective foundings and our shared hopes for the future of the global community. In forging a new nation, Israel established a home for people that were targeted for extermination and ostracism in other lands. From an arduous beginning, Israel's rise has come to mirror our own. Hailing from more than 100 countries on five continents, Israel's population exudes a diversity of culture and ideas. Israel has flourished through the development of a diverse and technologically advanced economy and has come to exemplify the best of what a democracy can be. Our countries have stood by one another in peace and in war. And we will continue to stand together in fighting terrorism and threats from stateless actors and rogue nations. I congratulate and celebrate with Israel and am proud to be part of the continued friendship between our countries.

Ms. SUTTON

Ms. SUTTON. Mr. Speaker, Senator John McCain admitted months ago that he wasn't an expert on the economy. And that certainly explained his comments earlier this month when he declared, ``You can make the argument that there's been great progress economically'' over the last 7 years. Great economic progress? Clearly, Senator McCain has not been talking with the middle class families across America who overwhelmingly believe they are worse off today than they were when President Bush took office in January of 2001. And there is a good reason they're feeling that way. Since January of 2001, health care premiums have increased by more than $5,000 per year for the average middle class family, while college costs for their children have shot up $2,500 a year for a public university. Middle class families are finding it increasingly difficult to find the money for these skyrocketing costs, considering the average median income has actually fallen by more than $900 over the last 7 years. And Senator McCain calls this economic progress? Mr. Speaker, the American middle class cannot afford another 4 years of failed Republican leadership in the White House.

Ms. SUTTON

Ms. SUTTON. Madam Chairman, I have an amendment at the desk.

Ms. SUTTON. Madam Chairman, I rise in strong support of this amendment. I am fortunate and thankful to have had the opportunity to work with Representative Boswell to offer this important amendment, which would require that areas that have lost a major source of employment be given priority when applying for Small Business Innovation Research and Small Business Technology Transfer awards. Representative Boswell, as he described, and I both know firsthand the devastating effects that massive job losses can have on a community when a major employer closes shop. The loss of good-paying jobs can really hurt when a major employer leaves a community. It's estimated that for every manufacturing job in the United States, it creates as many as four related jobs. So when those jobs pack up and leave, it's a problem. Focusing funds and awards in areas that have suffered the most, to the areas that have endured major job losses, such as those in my district or Representative Boswell's district, will ensure that the money is helping the people in the communities that need it most. These programs will help keep our communities self-sustaining as we work to revitalize our economies. Ohio has lost over 200,000 manufacturing jobs since 2001, and unfortunately, Representative Boswell's district in the home State of Iowa have also lost thousands of jobs. With this amendment, applicants from our areas around our country that have suffered from similar circumstances will be considered a priority when applying for funding through these important programs. New, green industries will be able to grow in areas like Lorain and Akron, Ohio, and in Newton, Iowa, as resources are directed where they are needed most. I urge a ``yes'' vote on the amendment.

Ms. SUTTON. Madam Chairman, I want to begin by thanking Chairman Velazquez, Chairman Gordon, and Chairman Wu for their leadership on this bill, as well as the ranking members for their leadership. This amendment would require agencies that administer Small Business Innovation Research Programs to give special consideration to pressing transportation and infrastructure research activities when reviewing grant applications. The devastating state of this Nation's crumbling infrastructure was demonstrated in dramatic fashion last August when the I-35 bridge in Minneapolis collapsed into the Mississippi River. And it is also demonstrated every day as people drive over potholes in their neighborhoods and sit in traffic jams on our crowded highways as they travel to and from work. Tackling the repair of our Nation's infrastructure is not a glamorous task, but it is absolutely essential to our Nation's long-term success. Investments in infrastructure are critical for public safety and boost local economies by providing more Americans with good-paying jobs. Building our Nation's infrastructure for a new economy and a new century is vital to revamping our work force and revitalizing our communities. It is also crucial that as we rebuild our roads and mass transit systems, we act as stewards of the environment and seek greener and cleaner technologies for fueling our economy. America's working families deserve creative and innovative thinking and policies from us as their representatives. This amendment will ensure that as agencies review small business innovation applications they place a premium on projects that focus on transportation and infrastructure, the building blocks of our economy. I urge a ``yes'' vote on the amendment. I reserve the balance of my time.