Floor Statements

Thank you very much, Jay. It's a great privilege, as always, to report again on this outstanding program.

As you have indicated in the past, this Congress to Campus program has been administered by our association now for 3 years in cooperation with the Stennis Center. During that time, the program has experienced marked growth and has expanded to include a number of community colleges as well as traditional universities.

As most of you know, this is the association's flagship program. It sends bipartisan teams of former Members to colleges, universities, and high schools across the country to educate the next generation of leaders on the importance of civic engagement. The participating students benefit from the interaction with our association members, whose knowledge and experience clearly are a unique resource. Our members at the same time benefit through their continued involvement in public service and the ability to engage young people on issues of real importance to them.

During each visit, our bipartisan team conducts classes, meets individually with students and faculty, speaks to campus media, participates in both campus and community forums, and meets with local citizens. The program has made both domestic and international visits this academic year, including two separate visits to campuses in the United Kingdom. During the 2009-2010 academic year, the program has made a total of 22 campus visits. More than 35 former Members participated, and I want to thank all of you who took the time from your busy schedules to do so. I also want to encourage those who have not yet had the opportunity to seriously consider doing so. It's a great way to continue our public service after Congress.

I also want to thank the faculty, staff members and students who worked so diligently on each of these visits. Without the hard work of these folks, these visits would not have been possible at all.

We have continued our relationship with the Stennis Center for Public Service in the administration of the program, and we owe a special debt of gratitude, I think, to Tracy Fine of our staff and to Brother Rogers of the Stennis Center for their fine work throughout the year. Our staffs work very closely together to make the program such a success and we also appreciate the continuing financial support from the Stennis Center. We look forward to our continuing association in the years ahead.

In addition to the expansion of the program to community colleges, and with the help of a grant from the U.S. Department of Education, the program has also commenced a concerted effort in partnership with the University of Central Florida and the Lou Frey Institute of Politics and Government to reach out to high school students

through a series of webcasts. These programs focus on specific topics related to Congress and the legislative process and are designed as a tool for teachers to showcase these topics and encourage involvement in government. During the fall and the spring, the program was piloted to high schools in Florida and around the country. The broadcasts were taped and streamed live with an in-studio audience of high school students in Washington as part of the Congressional Youth Leadership Council.

We have also continued our working relationship with the People to People Ambassador Program that brings young people to our Nation's capital for a week of events centered on the concepts of character and leadership. This year, the association sent former Members to 30 different speaking engagements in this area and reached hundreds of students through these appearances. These students are younger than those who participate in Congress to Campus activities, but they have already demonstrated a commitment to the ideals that Congress to Campus seeks to promote. The association's involvement in this program allows our members living in the Washington area to speak to these younger students on the importance of public service and to answer their many questions about our country and its government. A number of our members continue to work full-time, and the People to People engagements allow them to continue their public service in this way. The events are typically held in the early morning at suburban locations. Again, I want to thank my colleagues, especially Orval Hansen, Jack Buechner and Martin Frost, who have participated in this program regularly over the past year.

Finally, Jay, I want to say again how grateful we are to those who have made the Congress to Campus program such a great success, and I strongly encourage all of my friends and colleagues to participate in this program either by making a visit to a school or by recommending a school to host the program. As you know, a democracy can prosper only if its citizens are both informed and engaged. As former legislators, we have a particular opportunity and responsibility to encourage such involvement. This program gives us the chance to do so, particularly with our young people.

Again, many thanks to you for your leadership. My congratulations to our friend and colleague, Bill Gray, on this award, and it is great to see all of you back again.

Madam Speaker, I rise today to thank and recognize the men and women

who constitute my Congressional staff. I greatly appreciate their service to me and the people of New York's 23rd Congressional District, which I have had the privilege and honor to represent since 1993.

New York's 23rd Congressional District encompasses 11 counties in Northern and Central New York: Clinton, Essex, Franklin, Fulton, Hamilton, Jefferson, Lewis, Madison, Oneida, Oswego, and St. Lawrence. It is bounded by Lake Champlain on the east, the St. Lawrence River to the north, and Lake Ontario to the west. Additionally, it includes the Thousand Islands and most of the Adirondack Park, which have both long been world renowned for their incredible beauty. The District is also home to historic battlefields, such as Fort Ticonderoga, Ogdensburg, Plattsburgh and Sackets Harbor, and it has been the birthplace of national leaders including former Vice President William A. Wheeler of Malone and former House of Representatives Minority Leader Bertrand H. Snell of Colton. However, most importantly, it is where a capable, generous, independent, proud, and resourceful people reside.

During the time I have had the honor of representing the people of Northern and Central New York, I have been blessed to have had a dedicated and talented staff. Given my time as staff to former New York State Senator H. Douglas Barclay, I can well appreciate their efforts. While I value the efforts of everyone who has served on my staff, at this time I would like to recognize the following men and women who have served during the 111th Congress: Michael Backus, Donna Bell, Karen Brayton, Diane Henderson, Mike Holland, Anne LeMay, Mira Lezell, Jason Miller, Ruth Mary Ortloff, Matt Satterley, John Sweeney, Robert Taub, Melanie Turpin, Stephanie Valle, and Kate Wehrle. As I have candidly confessed on more than one occasion, I simply could have never fulfilled the duties of my office without their tireless efforts. Accordingly, at this time, I wish to thank them for their excellent service and wish them my best for a productive future.

Mr. Speaker, I rise today as the proud sponsor of H.R. 22, a bipartisan bill

with 339 cosponsors that would provide immediate but temporary financial relief to the Postal Service. As a Member who has closely followed postal legislative issues for more than 14 years, I urge my colleagues to vote in favor of this legislation. I thank the gentleman from New York (Mr. Towns) and the gentleman from California (Mr. Issa) for their work to bring this legislation to the floor today.

As every Member of Congress and most Americans are aware, the Postal Service faces a crisis of huge and historic proportions, despite extensive efforts to reduce costs. This situation is due to the precipitous decline in mail volume brought about by the deepening recession, changes in technology and society, and the economic condition of the agency's largest customer, the financial services industry.

Additionally, the Postal Service is laboring under a crippling cost burden imposed by a statutory requirement that the Postal Service prefund the health benefits of future retirees, while still continuing to pay annual premiums for its current retirees. The payment for current retirees totals about $2 billion and is growing each year. At the same time, the annual statutorily-mandated prefunding ranges from $5.4 billion to $5.8 billion over the 10-year period from 2007 through 2016.

In 2008, the Postal Service's total retiree health benefits costs came to $7.4 billion, with $1.8 billion of that amount paid for current retirees and $5.6 billion deposited into the Postal Service Retiree Health Benefits Fund to prefund future premium payments. Without the mandated payments, the Postal Service would have achieved a positive net income in 2008 rather than its actual $2.8 billion loss. It is important to note that no other entity--public or private--is required to prepay this health benefit obligation at these extremely high levels.

As amended, H.R. 22 would begin to address this serious situation. It would do so by simply accelerating, for just the remainder of fiscal year 2009, a provision in the law to allow the Postal Service to pay the health premiums for current retirees from the Postal Service Retiree Health Benefits fund; this fund already holds in excess of $32 billion and will continue to grow. H.R. 22 does not require an appropriation or use of any taxpayer monies, but rather involves merely an intragovernmental transfer of funds. It would not increase the health benefit premiums paid by current or future Postal Service retirees, nor would it affect their benefits. Put simply, it is not a bailout.

The Postal Service is in a dire financial situation, and while H.R. 22 is not the full answer to all of the Service's woes, it is an important solution to alleviate the pressure before the agency risks running out of money at the end of this month. According to the committee, the amended version considered on the floor of the House today does not score based on the Congressional Budget Office's (CBO) evaluation. This is not a budget gimmick because the fact of the matter is that the Postal Service cannot adjust its spending for this fiscal year so late. Any cost cutting the Postal Service would have made for the fiscal year ending September 30 has already taken place and cannot be reversed.

Again, the main driver of the Postal Service's debt has been the 2006 Postal Accountability and Enhancement Act's (P.L. 109-435) requirement to prefund 80 percent of its future retiree health benefit costs, a 75- year liability, in just 10 years. No other business or government entity does that. As I noted, if it had not been for this prefunding, the Postal Service would have had a profit in 2008, in spite of the economic turndown. That is why 339 Members of the House have put their name as sponsors on H.R. 22.

Mr. Speaker, there is a consensus that Congress should enact H.R. 22, which is strongly supported by the Postal Service, all of its unions and management associations. It is also supported by the entire $900 billion mailing industry, which employs 9 million Americans. Accordingly, I ask my colleagues to support this legislation and work with me to enact it into law.

Madam Speaker, I was unavoidably detained and missed rollcall No. 693. At this time, I wish to note that had I been present, I would have voted ``yea.''

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3326, the Fiscal Year 2010 Defense Appropriations Bill.

Requesting Member: John M. McHugh

Bill Number: H.R. 3326

Account: Defense Health Program

Legal Name of Requesting Entity: Fort Drum Regional Health Planning Organization (FDRHPO)

Address of Requesting Entity: 120 Washington Street, Suite 302, Watertown, NY 13601

Provide an earmark of $430,000 to enable the FDRHPO to hire the necessary staff and conduct the required assessments. The health care delivery model for federal beneficiaries at Fort Drum is unique as the only MEDDAC with a division and no inpatient capabilities. The model is a military-community partnership that joins the Army medical treatment facility with community providers to augment the medical treatment facilities primary care capability with specialty care and inpatient services. Through ongoing collaboration of the FDRHPO, access to quality health care will continue to improve, costs will be reduced, communication will continue to increase, additional resources will be leveraged and innovated cooperative health care arrangements and agreements will be tested.

Requesting Member: John M. McHugh

Bill Number: H.R. 3326

Account: Research and Development, Air Force

Legal Name of Requesting Entity: Clarkson University and ITT

Address of Requesting Entity: Clarkson University (8 Clarkson Ave., Potsdam, NY 13699) and ITT AES (474 Phoenix Drive, Rome, NY 13441)

Provide an earmark of $4,000,000 for Cyber Attack and Security Environment (CASE). Operating effectively in cyberspace requires a Cyber Command and Control (CC2) system to synchronize cyber attack operations, facilitate analysis of attack results including measures of effectiveness, and deconflict friendly use of cyberspace. The objective of ITT's proposed effort is to conceptualize and demonstrate the technologies necessary to systematically coordinate, plan, and execute offensive cyber campaigns; determine effects associated with an offensive cyber weapon; monitor/evaluate events that occur in cyberspace; and ultimately achieve situational awareness of cyberspace with an overall goal of achieving dominance within that critical realm. Alpha and beta testing throughout the lifecycle of this project will occur at a secure military installation in upstate New York. A significant partner in this effort is Clarkson University through its complex networks group, its biometrics group, critical electric power/ large scale systems faculty, and cryptographic protocol analysis researchers, who will provide subject matter expertise and project research. The results of the CASE effort will help form a strategic partnership between AFRL Rome and Air Force's Global Cyberspace Integration Center (GCIC) located on LAFB, VA. The addition of funding in Fiscal Year 2010 for CASE will help demonstrate the technologies necessary to systematically coordinate, plan, and execute offensive cyber campaigns while maintaining defensive continuity.

Requesting Member: John M. McHugh

Bill Number: H.R. 3326

Account: Research and Development, Navy

Legal Name of Requesting Entity: Trudeau Institute

Address of Requesting Entity: Trudeau Institute, 154 Algonquin Avenue, Saranac Lake, NY 12983

Provide an earmark of $2,000,000 for the U.S. Navy Pandemic Influenza Vaccine Program: Enhancement of Influenza Vaccine Efficacy. Prevention of seasonal and pandemic influenza remains a significant unmet need for the US armed forces. Influenza in active duty personnel and dependents compromises force readiness and impacts training. The funding

for the proposed project will help advance the development of novel techniques for enhancing vaccine efficacy to promote Force Readiness and general health of the members of the Armed Services and their dependents.

Requesting Member: John M. McHugh

Bill Number: H.R. 3326

Account: Research and Development, Army

Legal Name of Requesting Entity: Syracuse Research Corporation

Address of Requesting Entity: 7502 Round Pond Road, North Syracuse,

Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information for publication in the Congressional Record regarding earmarks I received as part of H.R. 3293--Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3293

Account: HRSA: Health Facilities and Services

Legal Name of Requesting Entity: E.J. Noble Hospital

Address of Requesting Entity: 77 West Barney Street, Gouverneur, NY 13642

Description: The purpose of this earmark is to provide $350,000 for the upgrade and modernization of the medical and surgical facilities at E.J. Noble Hospital. These antiquated facilities have not been upgraded since 1952.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3293

Account: HRSA: Health Facilities and Services

Legal Name of Requesting Entity: Northern Oswego County Health Services, Inc.

Address of Requesting Entity: 61 Delano Street, Pulaski, NY 13142

Description: The purpose of this earmark is to provide $150,000 for the expansion of existing primary dental care facilities at Northern Oswego County Health Services, Inc. (NOCHSI) to expand service to its medically underserved population.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3293

Account: Department of Education: National Projects

Legal Name of Requesting Entity: Reach Out and Read National Center

Address of Requesting Entity: 56 Roland Street, Boston, NY 02129

Description: The purpose of this earmark is to provide $4,965,000 for the Reach Out and Read (ROR) national program that promotes literacy and language development in infants and young children, targeting disadvantaged and poor children and families.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3293

Account: Department of Education: National Projects

Legal Name of Requesting Entity: Reading is Fundamental

Address of Requesting Entity: 1825 Connecticut Avenue, NW, Washington, DC 20009

Description: The purpose of this earmark is to provide $24,803,000 to the Reading is Fundamental program designed to enhance child literacy by providing millions of underserved children with free books for personal ownership and reading encouragement from the more than 18,000 locations.

Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3288--Transportation, Housing and Urban Development Appropriations Bill of 2010.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3288

Account: Federal Highway Administration: Federal Lands

Legal Name of Requesting Entity: New York State Department of Transportation

Address of Requesting Entity: 50 Wolf Road, Albany, New York 12232

Description: The purpose of this earmark is to provide $1,077,000 for the construction of a 4-lane road from Interstate 81 to the main gate at Fort Drum in order to enhance the viability of the Fort and improve traffic safety in the region.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3288

Account: Economic Development Initiatives (EDI)

Legal Name of Requesting Entity: North Country Vietnam Veterans Association

Address of Requesting Entity: 27 Town Line Road, P.O. Box 1161, Plattsburgh, NY 12901

Description: The purpose of this earmark is to provide $250,000 for the renovation and expansion of the existing North Country Veterans Service Center, a non-profit organization that provides services and support to veterans and their families.

Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3183--Energy and Water Development and Related Agencies Appropriations Act of 2010.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3183

Account: Energy Efficiency and Renewable Energy

Legal Name of Requesting Entity: SUNY Morrisville

Address of Requesting Entity: Post Office Box 901, Morrisville, NY 13408

Description: The purpose of the project is to provide $200,000 to demonstrate the feasibility of using algae production as a renewable fuel source while incorporating carbon sequestering and aquaponic technologies into one demonstration scale model. Aquaponics is the combination of hydroponics and aquaculture, whereby the waste products of each system are utilized by each other, increasing cost effectiveness.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3183

Account: Energy Efficiency and Renewable Energy

Legal Name of Requesting Entity: Lewis County Industrial Development Agency

Address of Requesting Entity: 7642 N. State Street, Lowville, NY 13367

Description: The purpose of the project is to provide $500,000 for upgrades to necessary biomass components that will improve energy efficiency while further reducing already permit compliant emissions by 50 percent.

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3183

Account: Energy Efficiency and Renewable Energy

Legal Name of Requesting Entity: Council for International Trade, Technology, Education and Communications, Inc.

Address of Requesting Entity: Box 8561 Main Street, Room 101, Potsdam, NY 13699

Description: The Center for Advanced Ferrite Production in collaboration with Syracuse University Industrial Assessment Center will demonstrate that mature manufacturing industries in the Northeast may be made globally competitive through aggressive investment in energy efficiency measures. This project will be a model for other New York manufacturing businesses.

Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3170--Financial Services and General Government Appropriations Act of 2010

Requesting Member: Congressman John McHugh

Bill Number: H.R. 3170

Account: Salaries and Expenses

Legal Name of Requesting Entity: New York College of Environmental Science and Forestry

Address of Requesting Entity: Bray Hall 224, Syracuse, NY 13210

Description: The purpose of the project is to fund the New York State Forest Community Economic Assistance Program. It would fund dedicated research and outreach for forest-products community businesses and provide assistance with technical manufacturing and financial management issues. It would also

serve these communities in overcoming the challenges of navigating complex regulatory and public policy matters. Forest-based manufacturing, small business and tourism generate $8.8 billion annually and employ over 72,000 workers. This program would work to maintain and enhance these types of forest community economic activities.

Mr. Speaker, due to official business, I missed two rollcall votes on Friday, July 10, 2009. I would have voted ``no'' on rollcall No. 528 and ``yea'' on rollcall vote No. 529 of H.R. 3082, the Fiscal Year 2010 Military Construction and Veterans Affairs Appropriations bill.

Madam Speaker, I am proud to rise today to ask my colleagues to join me in commemorating the 50th anniversary of one of the world's great waterways, built and operated by the United States and Canada: the Great Lakes Saint Lawrence Seaway System. On June 26, 1959 in Montreal, President Dwight E. Eisenhower and Her Majesty Queen Elizabeth II officially opened the Seaway, followed the next day by the dedication on U.S. soil in Massena, New York, of the two U.S. locks, Snell and Eisenhower. At that ceremony in Northern New York, Vice President Richard M. Nixon and Queen Elizabeth presided to celebrate the completion of these last two of the seven Montreal-Lake Ontario locks.

This historic anniversary year provides a perfect opportunity to celebrate the beneficial impacts the Seaway System, and its many users, have had on the Great Lakes region. The Seaway links the many cities of North America's heartland to the Atlantic Ocean and to ports across the world, providing a vital trade corridor for business and industry. It directly serves an eight-state, two-province region that accounts for 29 percent of the U.S. gross domestic product (GDP), 60 percent of Canada's GDP, 55 percent of North America's manufacturing and services industries, and is home to one-quarter of the continent's population. At age 50, the Seaway has facilitated the movement of over 2.5 billion metric tons of cargo, valued in excess of $375 billion. Maritime commerce on the Great Lakes Seaway System impacts 150,000 U.S. jobs, $12 million per day in wages, $9 million per day in business revenues, and provides approximately $3.6 billion in annual transportation cost savings compared to the next least costly mode of transportation.

At its height, the massive Seaway construction project employed 22,000 workers on both sides of the St. Lawrence River. The undertaking required 210 million cubic yards of excavation, 6.1 million cubic yards of concrete, 45 miles of dikes, 69 miles of channels, the relocation of 9,000 people, the rerouting of 47 miles of highway and 40 miles of double-track railroad. The engineering challenges and magnitude of the work was staggering, not only for its time, but by today's standards as well. The St. Lawrence Seaway/Power project was subsequently recognized as one of the top ten public works projects of the century by the American Public Works Association.

The Seaway has been a shining example of how two nations, the U.S. and Canada, can work together cooperatively to achieve a common goal. The U.S Saint Lawrence Seaway Development Corporation coordinates its activities with its Canadian counterpart, the St. Lawrence Seaway Management Corporation, particularly with respect to rules and regulations, overall day-to-day operations, traffic management, navigation aids, safety, environmental issues, and trade development programs. The unique binational nature of the Seaway System requires 24-hour, year-round coordination and the two Seaway agencies work hand- in-hand to provide seamless operation and management of this vital U.S. and Canadian asset.

While a lot has changed in 50 years, the Great Lakes Saint Lawrence Seaway System remains the safest, most efficient, environmentally- friendly mode of transportation available for moving cargo in and out of North America's heartland. It has been a model of performance and dependability, achieving a 99 percent reliability rate over its history. It is truly a cornerstone of the region's economy and culture.

This year's 50th anniversary opening ceremony will be held at the Eisenhower Lock Visitors' Center in Massena, New York on Friday, July 10. A number of U.S. and Canadian dignitaries will be speaking at the event, including U.S. Secretary of Transportation Ray LaHood; Canadian Consul General Georges Rioux; Congressman James Oberstar (D-MN); Congresswoman Marcy Kaptur (D-OH); U.S. Seaway Administrator Collister Johnson, Jr.; Canadian Seaway President Dick Corfe; Susan Eisenhower, granddaughter of President Dwight D. Eisenhower and President of the Eisenhower Group; Richard Kessel, President of the New York Power Authority; Karl Weissenbach, Eisenhower Presidential Library and Museum Director; and John B. Adams, former U.S. Army Corps of Engineers Seaway construction project engineer.

Madam Speaker, please join me in congratulating the Seaway on this milestone anniversary and wishing them a memorable celebration weekend and an enduring future.

Madam Speaker, I rise today to congratulate the Clarkson University Golden Knights upon winning the 2009 NCAA Division II Racquetball National Championship, their second national championship since 2005. I am proud to represent Clarkson University and the community of Potsdam.

In April, Clarkson University won the Division II National Championship in Tempe, Arizona, which involved 330 players representing more than 50 colleges and universities. The Golden Knights did so by having the highest combined total of the men's and women's team points, which were attained by defeating competing players in individual matches.

The Clarkson men's team included Marco B. Fontana, Joseph V. Kapas, Justin A. Konopaske, Brian C. Robertshaw, Brian T. Straub, and Joseph E. Tabor of Nicholville, New York, which is located in New York's 23rd Congressional District. The women's team was comprised of Michelle E. Turk and Rachel D. Weiss, captain of the combined teams. Professor Norbert Ackermann has served as the team's advisor for more than a decade.

Madam Speaker, it takes a tremendous amount of dedication, hard work, perseverance, and teamwork to win a national collegiate championship. Thus, I am pleased to extend my congratulations to these young men and women, and I ask my colleagues to join me in recognizing the entire Clarkson University Golden Knights racquetball team for this very significant accomplishment.

Madam Speaker, I rise today regarding the Forewarn Act (H.R. 3042), which was introduced on June 25, 2009, in an effort to help American workers by updating and improving the Worker Adjustment and Retraining Notification (WARN) Act (P.L. 100-379). I am pleased to have had the opportunity to work with the Gentleman from California, Mr. Miller, the Chairman of the House Committee on Education and Labor, to craft this important legislation.

Congress enacted the WARN Act over two decades ago in August 1988 in an effort to help American workers better prepare for, and overcome the difficulties resulting from the loss of a job due to a mass layoff or plant closure. Specifically, through the WARN Act, Congress required that employers give workers 60 days advance notice of mass-layoffs to facilitate their efforts to find a new job, obtain retraining, or otherwise prepare for the significant consequences of lost employment. Simultaneously, to maximize the assistance provided to workers under such difficult circumstances, Congress also required the same 60-day notice be provided to state dislocated worker entities and the chief elected official of the pertinent local government.

Last Congress, I was prompted to closely review the WARN Act and its requirements in the wake of a decision by the General Motors (GM) Corporation to phase out 500 jobs and close its Powertrain facility in Massena, New York, which I represent. As a result of this examination, on September 25, 2007, I introduced the Forewarn Act of 2007 (H.R. 3662) to strengthen the WARN Act by expanding its scope and increasing its notice requirements to 90 days. Additionally, H.R. 3662 sought to enhance compliance by increasing the back pay penalty, clarifying that the notice period should be determined by the use of ``calendar'' rather than ``business'' days, and giving the Secretary of Labor or appropriate state attorney general the ability to enforce the law. I was later pleased to vote for similar provisions when the House considered the Trade and Globalization Assistance Act of 2007 (H.R. 3920) authored by Mr. Miller to reauthorize the Trade Adjustment Assistance Act. Unfortunately, H.R. 3920 did not become law before the conclusion of the 110th Congress.

Since that time, economic circumstances have reinforced the need to modernize and expand the WARN Act. From December 2007 through May 2009, seven million Americans have become unemployed and in the 11 counties encompassed by New York's 23rd Congressional District, over 34,000 people are without work. Moreover, during that timeframe, there have been 37,059 mass layoffs across the nation involving over 3.8 million workers. In the face of such circumstances, it is incumbent upon Congress to ensure that American workers have as much notice as practicable and that the law providing such notice and associated rights is understandable and enforceable.

Thus, as the Gentleman from California and I reviewed the WARN Act, one of our goals was to clarify provisions that had caused confusion and resulted in litigation. For example, the question of whether the notice period required under the Act was to be determined by counting ``calendar'' days or ``business'' days has long been litigated. In our recently introduced bill (H.R. 3042), we seek to clarify that ``calendar'' days are indeed to be used when calculating the notice period. Likewise, there has been confusion as to whether or not an employer's ``good faith'' could be used as a complete defense to liability under the Act. When Congress enacted the WARN Act, it clearly intended that an employer's good faith should only be used by a court to reduce the damages owed--not to entirely eliminate liability--and we have sought to reinforce Congress' original intent through Section 2(c)(3) of this proposal.

As in the legislation (H.R. 3920) passed by the House in the 110th Congress, the current Forewarn Act (H.R. 3042) would require employers to give 90 days, rather than 60 days, notice of mass-layoffs and plant closures to employees. However, H.R. 3042 would expand the bill's reach to those employers who have 75 or more employees, including those who are new or part-time, and lower the threshold number of affected employees from 50 to 25 employees. In addition, our measure would require employers to give notice to the Governor of the pertinent state, as well as to the U.S. Secretary of Labor, who in turn would be required to give notice to the appropriate Senators and Members of the House of Representatives.

To better ensure compliance, as H.R. 3662 and H.R. 3920 would have done last Congress, the current Forewarn Act (H.R. 3042) would increase the remedies available to employees in instances where proper notice was not given. For example, employees could receive damages in the amount of double back pay for each calendar day they were not provided with the requisite notice and the Secretary of Labor could initiate an enforcement action on their behalf. The bill (H.R. 3042) would make clear that the appropriate statute of limitations is two years and provide further protections to workers by precluding waivers of their rights under the law unless they were made by the Secretary of Labor, an attorney general, or with the assistance of counsel. We have also clarified that parent companies are ultimately responsible for the actions or inactions of their subsidiaries.

Finally, to increase assistance to workers, our bill (H.R. 3042) requires employers to post notices regarding worker rights under the WARN Act and to permit on-site access to rapid response teams. Likewise, it requires the Secretary of Labor to prepare a guide of benefits and services that may be available to unemployed workers.

Madam Speaker, as Congress continues its efforts to address our nation's current economic circumstances, it should favorably consider the Forewarn Act.

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3082, the Fiscal Year 2010 Military Construction and Veterans Affairs Appropriations bill.

Requesting Member: John M. McHugh

Bill Number: H. R. 3082

Account: Military Construction, Army

Name of Military Installation: Fort Drum

Address of Requesting Entity: Fort Drum, New York 13601

Description: Provide an earmark of $8,200,000 in MCA to build an All Weather Marksmanship Facility at Fort Drum, New York. Currently, Fort Drum has only one operational All Weather Marksmanship Facility. The project is required to provide year round live fire training to more efficiently support soldiers in meeting weapons proficiency and qualification standards, and minimize the amount of time required to complete training. The Light Infantry Doctrine and the missions of the 10th Mountain Division require higher than normal levels of marksmanship proficiency and fire discipline.

Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 2997--Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2010

Requesting Member: Congressman John McHugh

Bill Number: H.R. 2997

Account: Animal and Plant Health Inspection Service: Salaries and Expenses

Legal Name of Requesting Entity: SUNY Environmental School of Forestry

Address of Requesting Entity: SUNY ESF Bray Hall 224, Syracuse, NY 13210

Description: Provide an earmark of $500,000 for the eradication of the Asian Long-Horned Beatle in New York State forest lands. The Asian Long-Horned Beetle is an invasive species that can have disastrous effects on forest areas. Several beetle infestations have already occurred in the U.S. including Chicago, NJ, Staten Island, NY and most recently in Worcester, Massachusetts in August 2008. In order to eradicate the beetle 30,000 trees were cut down in an effort to keep the beetle from spreading. While other methods are being explored, chopping down infested trees and burning the wood is currently the only way to eradicate the beetles which have no known natural predator in the U.S.

More than 61 percent of New York State is forested and highly vulnerable to an introduction of Asian Long-Horned Beetle. The trees preferred as hosts by the Asian Long-Horned Beetle are hardwoods, which also compose the majority of the Northeast United States mixed hardwood forests critical to New York rural economic vitality and the forest products and wood-based renewable energy industries, New York State water quality, sequestration of carbon and greenhouse gases known to contribute to climate change.

There is no wide scale proactive protection technology deployed today and the threat is moving north toward the Catskill and west toward the Adirondack and Southern Tier. The Asian Long-Horned Beetle infestation is an economic, social and environmental disaster waiting to happen. Presently, all therapies for Asian Long-Horned Beetle infestation are reactive; all the trees are removed for miles around.