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# Legislative Bulletin..................................................\..........July 18, 2007

**Contents:**

> **H.R. 3043 -- PART II** -- Amendments to the Labor, Health and Human
> Services, and Education Appropriations Bill, FY 2008

H.R. 3043, the **Labor, Health and Human Services, and Education**
Approp**riations Act, FY 2008** (sponsored by Rep. Obey, D-WI), is
continuing to be considered on the House floor on Wednesday, July 18,
2007, subject to an open rule ([**H.Res.
547**](http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.res.00547:)),
making in order any germane amendment under the five-minute rule. [A
unanimous consent agreement limiting amendments has not yet been
propounded]{.underline}.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, and allows the Chair to
postpone consideration of the legislation at any time during its
consideration. The rule also waives the no-authorizing-on-appropriations
point of order against provisions in the [underlying]{.underline} bill.
The rule allows one motion to recommit with or without instructions.

[Note]{.underline}: The summaries below are based on RSC staff's review
of *actual amendment text*. For a summary of the underlying bill and
other amendments, see separate RSC documents released last night.

**RSC Staff Contact**: Paul Teller; <paul.teller@mail.house.gov>; (202)
226-9718

**Amendments Pre-Filed in the Congressional Record**

**7. Campbell (R-CA).** Reduces total appropriations in the bill by
0.25%.

**8. Ehlers (R-MI).**  Decreases funds in the Act for the Department of
Labor, Management Salaries and Expenses by \$15.6 million; increases
finds in the Act for the Department of Education School Improvement
Programs by \$15.6 million.

**9. Flake (R-AZ).** Prohibits funds from being used for the Burpee
Museum, IL (Rep. Manzullo, \$150,000).

**10. Flake (R-AZ).** Prohibits funds from being used for the South
Carolina Aquarium (Rep. Brown, \$150,000).

**11. Flake (R-AZ).** Prohibits funds from being used for the
Corporation for Jefferson's Poplar Forest, VA (Rep. Goodlatte,
\$200,000).

**12. Flake (R-AZ).** Prohibits funds from being used for the Kansas
Regional Prisons Museum (Rep. Boyda, \$100,000).

**13. Flake (R-AZ).** Prohibits funds from being used for the Shedd
Aquariam, Chicago, IL (Reps. Bean and Emmanuel, \$150,000).

**14. Flake (R-AZ).** Prohibits funds from being used for the Portuguese
and Lusophone Studies Program at Rhode Island College (Rep. Kennedy,
\$100,000).

**15. Flake (R-AZ).** Prohibits funds from being used for the American
Ballet Theatre, New York City, (Rep. Maloney, \$150,000).

**16. Flake (R-AZ).** Prohibits funds from being used for the American
Jazz Museum (Rep. Cleaver, \$200,000).

**17. Flake (R-AZ).**  Decreases funds in the Act for the National and
Community Service Act of 1990 by \$255.6 million; decreases funds in the
Act for National Service Trust program by \$55 million.

**18. Flake (R-AZ).** Prohibits funds from being used for the Missouri
State University, College Preparatory Pilot Program (Rep. Blunt,
\$100,000).

**19. Flake (R-AZ).** Prohibits funds from being used for the Bay Area
Science Exploratorium, Teacher Recruitment, Retention, and Improvement
Initiative (Rep. Pelosi, \$300,000).

***20. Jackson-Lee (D-TX).***  Decreases then increases funds in the Act
for the Department of Education Office for Civil Rights by \$2 million,
thus no net funding change.  The sponsor is likely attempting to earmark
\$2 million for a specific (unknown) purpose.  No further information
was available.

**21. McCaul (R-TX).** Reduces funds for the Department of Labor,
Departmental Management by \$2.0 million (to \$294.9 million), increases
funds for special education by \$2.0 million (to \$5.47 billion).

***22. Moore (D-WI).***  Prohibits funds in the Act from being used to
carry out the evaluation of the Upward Bound program described in the
absolute priority for Upward Bound Program participant selection and
evaluation published by the Department of Education in the Federal
register on September 22, 2006.

**23. Musgrave (R-CO).** Reduces total appropriations in the bill by
0.5%.

**24. Musgrave (R-CO).** Reduces the salary of the Executive Director of
the Global Fund, an organization to fight deadly diseases in the world's
poorest countries, from \$320,000 to \$145,000. The amendment sponsor
notes that this would bring the salary in line with that of the U.S.
Global AIDS Coordinator. The sponsor also writes that the Global Fund
has been "spending money on activities well outside of its mission."

**25.  Platts (R-PA).**  Increases funds for Even Start family literacy
program by \$50 million with offsets from salaries and management
accounts.  Even start is currently funded at \$99 million, \$17 million
over FY07.

**26. Ryan (R-WI).** Prohibits funds from being used for the Centers for
Disease Control and Prevention's Entertainment Education Program.

**27. Shays (R-CT).**  Decreases funds in the Act for Bureau of
International Labor Affairs Salaries and Expenses by \$500,000;
increases funds in the Act for the National Labor Relations Board by
\$500,000.

**28. Whitfield (R-KY).**  Increases funds in the Act for Substance
Abuse and Mental Health Services by \$10 million; decreases funds in the
Act for the Office of the Secretary General Departmental Management by
\$10 million.

**29.  Whitfield (R-KY).**  Designates \$10 million of the funds made
available in this section (Substance Abuse and Mental Health Services
Administration) to be used to carry out section 3990 of Public Health
Service Act (42 U.S.C. 280g-4). 

**30. *Jackson-Lee (D-TX)*.** Increases and then decreases by \$2
million the funds for the Education Department's Office of Civil Rights.

**31. *Jackson-Lee (D-TX)*.** Increases and then decreases by \$2
million the funds for the Education Department's funding for education
for the disadvantaged.

**32. Musgrave (R-CO).** Prohibits funds from being used for Attachment
Therapy (AT) or Holding Therapy. The amendment sponsor writes that, "The
objective of AT is --- literally --- to force the children into
attaching to their parents.  A typical holding or rage reduction session
might include placing a child on the ground with their arms and legs
pinned. The child is yelled at over and over again in order to establish
who is in control. The brutal methods employed in AT are intended to
overcome the resistance of a child to total obedience.  They are
employed until the child's will is completely broken."

**33. *Holt (D-NJ)*.** Reduces Education Department funds for program
administration by \$25 million and increases funds for school
improvement programs by \$25 million.

**34. *Holt (D-NJ)*.** Increases funds for the Help America Vote Act
(focus on disabled voters) by \$21 million and reduces funds for HHS
departmental management by \$21 million.

**35. *Holt (D-NJ)*.** Increases funds for the Help America Vote Act
(focus on disabled voters) by \$42.5 million and reduces funds for HHS
departmental management by \$42.5 million.

**36. *Johnson (D-TX)*.** Reduces funds for education for the
disadvantaged by \$46.5 million and increases funds for safe schools and
citizenship education by \$46.5 million.

**37. King (R-IA).** Prohibits funds from being used by the Public
Broadcasting Service to sponsor events at the Filmmaker Lodge at the
Sundance Film Festival.

**38. King (R-IA).** Prohibits funds from being used to employ illegal
workers (workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).

**39. King (R-IA).** Reduces total appropriations in the bill by 4.8%.
The amendment sponsor notes that such a reduction would bring the bill
level down to that of the chairman's mark for FY2007.

**40. Campbell (R-CA).** Prohibits funds for all earmarks in the
committee report.

[NOTE: some of the Hensarling amendments below will be offered by a
designee.]{.underline}

**41. Hensarling (R-TX)**. Eliminates funding in the bill for Rural
Community Facilities (\$8 million). Funding is used to provide training
and technical assistance in developing and managing water facilities;
improve coordination of federal, state, and local agencies with waste
and water management; and distribute information to local communities on
available federal resources. The President recommended eliminating
funding for this program, stating that the "program is duplicative of
other Federal entities such as the Bureau of Reclamation\'s Rural Water
Program, which is responsible for water and waste water treatment
facilities."

**42. Hensarling (R-TX).** Eliminates funds for the Job Opportunities
for Low-Income Individuals program (\$5.0 million). The President
recommended eliminating funding for this program, stating that this and
other programs "do not have performance standards to assess their
impact, are too narrowly focused to have a major benefit, duplicate
other Federal programs, and award grants on a noncompetitive basis."

**43. Hensarling (R-TX).**  Eliminates funding in the bill for the
Community Economic Development programs (\$32.7 million). The federal
government provides a broad array of duplicative federal grant programs
to support economic development activities. In addition to being
duplicative, most are ineffective, are not well targeted, and are
subject to significant congressional earmarking.

**44. Hensarling (R-TX).** Eliminates funding in the bill for the
Preventive Health under the Administration on Aging (\$21.4 million).
The President did not request funding for this program for FY2008. These
funds are awarded to States and territories to support activities that
educate older adults about the importance of healthy lifestyles and
promote healthy behaviors that can prevent or delay chronic disease and
disability. The President's Budget eliminates funding for this program,
because it is "duplicative of services that States can provide through
AoA's Community-Based Supportive Services program." Also, "AoA envisions
integrating prevention as an underlying principle in its core programs
and advocating use of evidence-based programs to better address
preventive health needs versus the current mechanism of providing a
small funding stream of unfocused seed money through the Preventive
Health Services program."

**45. Hensarling (R-TX)**. Eliminates funding in the bill for the Even
Start Program (\$99 million). In the FY 2008 budget request, the
Administration did not request funding for this program. Even Start
provides family literacy classes to low-income parents and children.
According to the Administration, participants in the program "do not
make greater literacy gains than non-participants." Additionally, the
Office of Management and Budget rated Even Start as "ineffective due to
its poor results on national evaluations over a number of years" and the
program has been rated "ineffective" by the PART Assessment.

**46. Hensarling (R-TX).** Eliminates the Educational Technology State
Grants, saving \$272.3 million. The Educational Technology State Grants
program supports funding for state and local school districts to utilize
technology to improve instruction and student learning. It was created
in the No Child Left Behind Act of 2001 as a consolidation of disparate
educational technology programs. Funding supports teacher training in
educational technology, technology deployment, and a host of other
activities designed to utilize educational technology to improve student
achievement.

**47. Hensarling (R-TX).** Eliminates funding for eliminate funding in
the bill for Education for Native Hawaiians (\$33.9 million). Native
Hawaiians are a racial group not a tribe and dispensing benefits to them
would likely be subject to strict scrutiny in federal courts. Providing
additional financial assistance to this group is not only duplicative of
numerous current federal education programs, but is also likely
unconstitutional. The President did not request funds for this in his
FY2008 budget.

**48. Hensarling (R-TX).** Eliminates funding for the Javits Gifted and
Talented Education program (\$7.6 million). The Javits program is
duplicative of the Advanced Placement Program, and the research and
development funds are also duplicative of the Department of Education's
Institute of Education Sciences Research. The program also rests on the
questionable policy assumption that the federal government should be
subsidizing the education of students who are *gifted and
talented*---with undoubtedly bright futures ahead of them. According to
the Administration, current grants are not structured to assess program
effectiveness and identify successful intervention strategies that could
have broad national impact. The Administration requested no funds for
this program for FY2008.

**49. Hensarling (R-TX)**. Eliminates funding in the bill for the
Advanced Credentialing program (\$10.7 million). This program supports
the development of advanced credentials based on the content experience
of master teachers. Additionally, funds are given out to encourage and
support teachers seeking advanced credentials. According to the
Administration, federal support for this program is no longer needed
because the development and implementation of advanced credentialing
systems through the National Board for Professional Teaching Standards
and the American Board for the Certification of Teacher Excellence is
complete. In addition, the Administration does not believe that
additional funding for outreach, recruitment, or candidate subsidies is
warranted without conclusive evidence that advancing credentialing
increases student achievement.

**50. Hensarling (R-TX)**. Eliminates funding in the bill for the
Writing Instruction program at the Department of Education (\$23.5
million). Under Titles II, III, and IV of the Elementary and Secondary
Education Act, the federal government provides extensive support to
states and operates numerous programs designed to enhance teacher
recruiting and training, support the immigrant population, etc. While
many of these programs provide important services, states would be well
served to receive this funding in the form of a block grant, with
increased flexibility to use these funds on the programs most needed in
that state. The President did not request funding for FY2008.

**51. Hensarling (R-TX)**. Eliminates funding in the bill for the School
Leadership program (\$14.7 million). The program provides competitive
grants to assist high-need school districts with recruiting, training,
and retaining principals and assistant principals. The constitutionality
of the federal government recruiting principals for local schools is
questionable at best. The President did not request funds for this
program for FY2008.

**52. Hensarling (R-TX)**. Eliminates funding in the bill for the Carol
White Physical Education Program (\$72.7 million). The President's
budget eliminated funding for this program. This program provides grants
to local educational agencies and community-based organizations to
initiate, expand, and improve physical education programs for students
in kindergarten through 12th grade. Several other local, state, and
federal programs exist -- as well as privately funded programs -- to
encourage physical education and fitness.

**53. Hensarling (R-TX)**. Eliminates funding in the bill for the
Strengthening Alaskan Native and Native Hawaiian-Serving Institutions
program at the Education Department (\$11.8 million). Native Hawaiians
are a racial group, not a tribe, and dispensing benefits to them would
likely be subject to strict scrutiny in Federal courts, and therefore
presumably unconstitutional. Additionally, funding for the education of
Native Alaskans is duplicative of all other education funding received
by the state of Alaska. These students are eligible for all other
education assistance, including elementary, secondary, and
post-secondary grants. Dispensing benefits to them would likely be
subject to strict scrutiny in federal courts. The President did not
request funds for this program for FY2008.

**54. Hensarling (R-TX)**. Eliminates funding in the bill for the Byrd
Honors Scholarship program (\$40.6 million). This program, which awards
merit-based scholarships to high school seniors through formula grants
to state educational agencies, received a 2007 PART Assessment rating
from the Administration of "results not demonstrated." The scholarship
program is duplicative of many other state, local, and federal
scholarship programs. In addition, many universities and private
entities provide scholarships to high school seniors entering college.
The President did not request funds for this program for FY2008.

**55. Hensarling (R-TX)**. Eliminates funding in the bill for the
AmeriCorps program (\$255.6 million). AmeriCorps operates under the
Corporation for National and Community Service, established by the
National and Community Service Trust Act of 1993 to enhance
opportunities for national and community service and provide national
service educational awards. Federal funding for "volunteering" is
constitutionally questionable at best. AmeriCorps is an inefficient and
expensive way of assisting individuals to pay for college---and
stretches the notion of what constitutes a "volunteer."

**56. Hensarling (R-TX)**. Eliminates funding in the bill for the
Corporation for Public Broadcasting (CPB) (\$420.0 million in FY2010).
Funding for CPB has historically been provided two years in advance. The
most recent appropriation for CPB was \$400.0 million for FY2009. CPB
funds 15% of the Public Broadcasting Service's annual budget. The other
85% of PBS' budget comes from viewer donations, local governments, and
universities.

CPB and PBS continue to use federal funding to pay for questionable
programming, such as a documentary on sex education promoted and
partially paid for by the Playboy Foundation. They also have prevented
certain programming from airing that expressed politically incorrect
viewpoints (e.g. conveying the views of moderate Muslims). In addition,
much of the programming on PBS, such as Sesame Street, could bring in
enough annual revenues to cover the loss of federal funding.

Lastly, nowhere in the Constitution is the federal government given the
power to support entertainment, even if such entertainment is
educational.

The Administration proposed that \$50 million in CPB's FY2008
appropriation be rescinded and that the two-year advance practice be
terminated.

**57. Hensarling (R-TX)**. Prohibits funds from being used for the Twin
Cities Public Television for the Minnesota Digital Public Media Archive
(Rep. McCollum, \$500,000).

**58. Hensarling (R-TX).** Prohibits funds from being used for the
Centers for Disease Control and Prevention's Entertainment Education
Program.

**59. Hensarling (R-TX)**. Prohibits funds from being used for West Los
Angeles College, Culver City, CA (Rep. Watson, \$300,000).

**60. Hensarling (R-TX)**. Prohibits funds from being used for the
Families in Schools program, Los Angeles, CA (Rep. Becerra, \$150,000).

**61. Campbell (R-CA).** Prohibits funds from being used for the Andre
Agassi College Preparatory Academy (Rep. Berkley, \$200,000).

**62. Campbell (R-CA).** Prohibits funds from being used for the Rangel
Center for Public Service (Rep. Rangel, \$2,000,000).

**63. Campbell (R-CA).** Reduces total appropriations in the bill by
0.25%.

**64. Price (R-GA).** Reduces funds for career and adult education by
\$93.5 million (to \$1.15 billion).

**65. Price (R-GA).** Reduces funds for student financial assistance by
\$65.0 million (to \$17.4 billion).