[Congressional Record (Bound Edition), Volume 154 (2008), Part 9] [Senate] [Pages 12572-12579] [From the U.S. Government Publishing Office, www.gpo.gov]PETITIONS AND MEMORIALS The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated: POM-370. A resolution adopted by the North Carolina State Council of the Junior Order United American Mechanics expressing its support of the men and women of the Armed Forces; to the Committee on Armed Services. POM-371. A resolution adopted by the Council of the Village of Elida, Ohio, expressing its opposition to H.R. 3359; to the Committee on Finance. POM-372. A resolution adopted by the Commission of the City of Miami, Florida, urging Congress to grant temporary protective status to Haitians in the United States; to the Committee on the Judiciary. POM-373. A resolution adopted by the North Carolina State Council of the Junior Order United American Mechanics expressing its support for the establishment of the English language as the official language of the United States; to the Committee on the Judiciary. POM-374. A resolution adopted by the North Carolina State Council of the Junior Order United American Mechanics urging Congress to resolve the immigration issues; to the Committee on the Judiciary. POM-375. A concurrent resolution adopted by the House of Representatives of the State of Louisiana urging Congress to enact legislation limiting increases in health insurance premiums and other costs; to the Committee on Armed Services. House Concurrent Resolution No. 123 Whereas, H.R. 579, the Military Retirees Health Protection Act, and S. 604, the Military Health Care Protection Act, have been pending in the United States Congress since February of 2007; and Whereas, S. 604 would bar the TRICARE Prime enrollment fee and TRICARE pharmacy copayments from being increased in any year by a percentage that exceeds the percentage increase in military retiree pay; and Whereas, S. 604 also would bar any enrollment fee or any increase in the TRICARE Standard or any increase in the TRICARE Standard inpatient copayments and would bar TRICARE Reserve Select premiums from being increased by a percentage that exceeds the most recent basic pay increases; and Whereas, H.R. 579 contains similar provisions to limit certain increases in health insurance premiums, deductibles, copayments, and other charges of military retirees for their military health benefits; and Whereas, career members in the uniformed services and their families endure unique and extraordinary demands and make extraordinary sacrifices over the course of twenty- to thirty-year careers in protecting freedom for all Americans; and Whereas, the demands and sacrifices are such that few Americans are willing to bear or accept them for a multiyear career; and Whereas, a primary benefit of enduring the extraordinary sacrifices inherent in a military career is a range of extraordinary retirement benefits that a grateful Nation provides for those who choose to subordinate much of their personal life for the national interest for so many years; and Whereas, many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees, and one effect of such curtailment is that retired members of the uniformed services are turning to health care services from the Department of Defense and its TRICARE program for the health care benefits in retirement that they earned by their service in uniform; and Whereas, while the Department of Defense has made some efforts to contain increases in the cost of the TRICARE program, a large part of these efforts has been devoted to shifting a larger share of the costs of benefits under that program to retired members of the uniformed services; and Whereas, the cumulative increase in enrollment fees, deductibles, and copayments being proposed by the Department of Defense for health care benefits under the TRICARE program far exceeds the thirty-three percent increase in military retired pay since such fees, deductibles, and copayments were first required on the part of retired members of the uniformed services eleven years ago; and Whereas, proposals of the Department of Defense for increases in the enrollment fees, deductibles, and copayments of retired members of the uniformed services who are participants of the TRICARE program fail to recognize adequately that such members paid the equivalent of enormous in-kind premiums for health care in retirement through their extended sacrifices by service in uniform; and Whereas, some of the nation's health care providers refuse to accept participants in the TRICARE program as patients because that program pays them significantly less than commercial insurance programs and imposes unique administrative requirements for health care services; and Whereas, the Department of Defense and the Nation have a committed obligation to provide health care benefits to retired members of the uniformed services that exceeds the obligation of corporate employers to provide health care benefits to their employees; and Whereas, the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage retired members of the uniformed services who participate in the TRICARE program and should pursue any and all such options rather than seek large increases for enrollment fees, deductibles, and copayments for such retirees and their families or survivors who do participate in the program; and Whereas, any percentage increase in fees, deductibles, and copayments that may be considered under the TRICARE program for retired members of the uniformed services and their families or survivors should not in any case exceed the percentage increase in military retired pay. Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to enact legislation limiting certain increases in health insurance premiums, deductibles, copayments, and other charges of military retirees for their military health benefits being proposed by the Department of Defense. Be it further Resolved, That a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the Louisiana congressional delegation. ____ POM-376. A resolution adopted by the House of Representatives of the State of Rhode Island expressing its opposition to federal proposals to authorize increases in the size or weight of commercial motor vehicles; to the Committee on Commerce, Science, and Transportation. House Resolution 8296 Whereas, The State of Rhode Island is committed to protecting the safety of motorists on its highways and to protecting taxpayers' investment in our highway infrastructure; and Whereas, The General Assembly of the State of Rhode Island and Providence Plantations resolved jointly to urge the Congress of the United States to oppose proposals to increase truck size or weight limitations in 1997 (Assembly Joint Resolution No. 8) and 2003 (Senate Joint Resolution No. 7) because of the threat that longer combination vehicles and other larger trucks present to highway safety; and Whereas, There are proposals to include increases in the size or weight of commercial motor vehicles, including triple-trailer trucks, in legislation reauthorizing federal transportation funding, which will be considered in the United States Congress in 2009; and Whereas, Recent events have focused public concern on the quality of our highway infrastructure, especially bridges; and Whereas, Federal and state studies have found that increasing the size and weight of commercial motor vehicles may accelerate the deterioration of bridges and highway infrastructure; and Whereas, The extent of damage to bridges that would be caused by operations of bigger and heavier commercial vehicles is unknown; and Whereas, The 2007 National Bridge Inventory maintained by the Federal Highway Administration classified 53% of bridges in Rhode Island as having been rated structurally deficient or functionally obsolete; now, therefore be it Resolved, That this House of Representatives of the State of Rhode Island and Providence Plantations hereby reaffirms its opposition to proposals, at all levels of government, that would authorize increases in the size and weight of commercial motor vehicles because of the impact that these increases would have on highway infrastructure, especially bridges; and be it further Resolved, That the Secretary of State be and he hereby is authorized and directed to [[Page 12573]] transmit duly certified copies of this resolution to the President and Vice President of the United States, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate and the Rhode Island Delegation to the Congress of the United States. ____ POM-377. A concurrent resolution adopted by the General Assembly of the State of Ohio urging Congress to renew the exemption for the sternwheel river steamboat Delta Queen from the 1966 Safety at Sea Act; to the Committee on Commerce, Science, and Transportation. House Concurrent Resolution No. 36 Whereas, The sternwheel river steamboat Delta Queen, built in 1926, has been transporting passengers on the Western Rivers system since 1947. It is one of only two sternwheel river passenger boats operating under steam and is the sole remaining Western Rivers system overnight passenger boat; and Whereas, The Delta Queen serves as a reminder of a time when steamboats transported people and supplies on the rivers of the United States. Life on the steamboat today is much as it was in the 1920s, a relaxing 8- to 10-mile-an-hour pace with no modern electronic distractions such as television and the Internet; and Whereas, The Delta Queen carries 174 overnight passengers and is currently exempt from the 1966 Safety at Sea Act, which prohibits wooden boats from carrying more than 50 overnight passengers. However, this exemption is set to expire at the end of 2008, and influential members of the Congress of the United States have stated that they are planning on not renewing the exemption, an action that would eliminate this important reminder of Ohio's and America's history; now therefore be it Resolved, That we, the members of the 127th General Assembly of the State of Ohio, urge the Congress of the United States to renew the exemption for the sternwheel river steamboat Delta Queen from the 1966 Safety at Sea Act so that it can continue to carry overnight passengers on the Western Rivers system; and be it further Resolved, That the Clerk of the House of Representatives send duly authenticated copies of this resolution to the Speaker and the Clerk of the United States House of Representatives, to the President Pro Tempore and the Secretary of the United States Senate, to the members of the Ohio Congressional delegation, and to the news media of Ohio. ____ POM-378. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to establish grant programs to mitigate the damages caused by the opening of the Bonnet Carre Spillway; to the Committee on Commerce, Science, and Transportation. Senate Concurrent Resolution No. 51 Whereas, on April 11, 2008, the United States Army Corps of Engineers opened the Bonnet Carre Spillway for the first time in eleven years for the purpose of preventing flooding in the New Orleans area; and Whereas, the seafood industry in St. Tammany, St. Bernard, Orleans, and Plaquemines parishes have been negatively impacted by the opening of the Bonnet Cane Spillway. Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to establish a grant program to assist the seafood industry in St. Tammany, St. Bernard, Orleans, and Plaquemines parishes. Be it further Resolved, That a copy of this Resolution be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana con ssional delegation. ____ POM-379. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to oppose the authorization of offshore aquaculture in the Gulf of Mexico; to the Committee on Commerce, Science, and Transportation. Senate Concurrent Resolution No. 36 Whereas, there is currently pending before Congress the National Offshore Aquaculture Act of 2007, which authorizes the secretary of the United States Department of Commerce to establish and implement a regulatory system for offshore aquaculture in the Exclusive Economic Zone; and Whereas, despite the absence of statutory authority in the Magnusson-Stevens Fisheries Conservation Act to provide a framework for development of deepwater fish farms, the Gulf of Mexico Fisheries Management Council has nevertheless proposed implementation of a regulatory system for marine aquaculture in federal waters off the coast of Louisiana; and Whereas, as drafted, the proposed plans envision the use of large containment cages located between two and three hundred miles off the coast of Louisiana; and Whereas, the cages are proposed to be filled with numerous fish and to be located on or near oil and gas rigs in the Gulf of Mexico, without any restrictions as to the location of such cages; and Whereas, past experiences with aquaculture operations of this nature have resulted in increased pollution of the surrounding waters due to concentrated amounts of fish food, fish waste, and chemicals and antibiotics used to treat the caged fish, and have resulted in damaged cages floating free, interfering with maritime commerce and endangering others attempting to use the surrounding waters; and Wheres, additional concerns about the development of deepwater fish farming include potential genetic damage to both the farmed fish in the cages and the wild fish in the surrounding waters, the spread of disease among the farmed fish and the wild fish, and the stress that the farms would put on forage fish, such as menhaden; and Wheres, Louisiana is known for its seafood and for its devotion to fishing the Gulf of Mexico for a myriad of fish, all of which may be impacted by the establishment of deepwater aquaculture facilities in the very areas where our commercial and recreational fishermen pursue their passion for fishing; and Whereas, Louisiana is also known for its oil and gas industry, much of which is now located offshore in the very areas where these fish farms are likely to be located and where the large containment cages may break their moorings during hurricanes, adding to the damage to oil and gas rigs during times of inclement weather; and Whereas, there has been little in-depth research conducted into the unintended consequences of deepwater fish farming, particularly in the Gulf of Mexico, and it appears that the Gulf of Mexico Fisheries Management Council is acting too quickly to enact rules allowing the establishment of deepwater fish farms in the Gulf of Mexico and, in fact, is acting in advance of congressional direction to begin development and implementation of such a program; and Whereas, Louisiana has had little input into the development of the regulatory system that would govern deepwater fish farming, an industry that has every potential for dramatic impact on Louisiana's commercial and recreational fishing industries, the largest such industry in the continental United States; and Whereas, the recreational and commercial fishing industries in this state combine for an annual economic impact well in excess of a billion dollars, and the oil and gas industries have an even greater economic impact in this state, with accompanying tax revenues that fund many of the services provided by the state; and Whereas, the development of deepwater fish farms off the coast of Louisiana could have a tremendous negative impact on both these industries which could, in turn, have a tremendous negative impact on the tax revenues received by the state from the industries and related transactions, thereby causing a reduction in the funds available for state expenditure. Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to oppose the authorization of offshore aquaculture in the Gulf of Mexico. Be it further Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives, to each member of the Louisiana delegation, to the National Marine Fisheries Service of the National Oceanographic and Atmospheric Administration, and to the Gulf of Mexico Fisheries Management Council. ____ POM-380. A resolution adopted by the House of Representatives of the State of Hawaii expressing its support for assistance for persons present in the United States under the Compacts of Free Association; to the Committee on Energy and Natural Resources. House Resolution Whereas, in 1986, the United States (U.S.) entered into a Compact of Free Association (COFA or Compact) with the Federated States of Micronesia and the Republic of the Marshall Islands and, in 1994, the U.S. entered into a similar Compact with the Republic of Palau that created a unique relationship between the U.S. and the Freely Associated States; and Whereas, the terms of the Compacts set out mutually beneficial rights and obligations in several areas, including economic development and defense, and created the right of citizens from the Freely Associated States to freely travel to, and work and reside in, the U.S. without durational limit; and Whereas, a significant number of COFA citizens travel to and reside in the State of Hawaii; and Whereas, many COFA migrants arrive in the state with serious medical needs, and many need financial assistance or housing assistance because of the relative lack of resources they have available; and Whereas, when the Compacts were initially executed, Congress recognized there could be a significant effect on the resources of the places to which the COFA citizens migrated and explicitly stated that, ``it is not the intent of Congress to cause any adverse consequences for an affected jurisdiction'' P.L. 108-188, section 104(e)(1) (emphasis added); and Whereas, in 1997, Congress passed the Personal Responsibility Work Opportunities [[Page 12574]] Reconciliation Act (PRWORA), which provided that most non- citizens in the U.S., with limited exceptions, became ineligible for federally-funded welfare programs including Temporary Assistance for Needy Families, Medicaid, Food Stamps, and Supplemental Security Income; and Whereas, COFA migrants were among the non-citizen groups excluded by PRWORA, and not included as one of the exceptions, despite the fact that they are legal residents in the U.S. and are more like citizens than immigrants or other legally resident non-citizens in terms of their ability to reside, work, and attend school in the U.S.; and Whereas, despite losing access to federal funds for services to COFA migrants because of PRWORA, the State of Hawaii has continued to make the services available through equivalent state-funded services to address the social, educational, public safety, and medical needs of COFA citizens who legally reside in the state, just as it provides them to other legal residents; and Whereas, the State has consistently reported increasing costs each year for the services provided to COFA migrants, the majority of which are not reimbursed by the federal government; and Whereas, in 2006, the cost reported by the state agencies to provide services for COFA migrants was over $91,000,000, while the federal assistance to the State as Compact Impact Assistance was approximately $10,600,000; and Whereas, the federal government created the relationship with the Freely Associated States that allows their citizens to freely reside in the U.S. with few limitations; and Whereas, extending eligibility for federal assistance to the COFA migrants would better support the purposes underlying the COFA; and Whereas, providing federal assistance for COFA migrants additionally would alleviate much of the burden on the State's budget while still maintaining the same level of services for the COFA migrants; and Whereas, the Governor has repeatedly suggested in reports and letters to the U.S. Department of the Interior that COFA migrants should be made eligible for federal financial assistance, and Hawaii's Congressional Delegation has consistently supported the idea of extending federal assistance to COFA migrants; and Whereas, in 2007, Senator Akaka and Senator Inouye introduced a bill in the United States Senate, S. 1676, which would extend eligibility for certain federal benefits to COFA migrants legally residing in the U.S.; and Whereas, in 2007, Representative Abercrombie and Representative Hirono introduced a bill in the United States House of Representatives, H.R. 4000, which would extend eligibility for certain federal benefits to COFA migrants legally residing in the U.S.; now, therefore, be it Resolved, By the House of Representatives of the Twenty- fourth Legislature of the State of Hawaii, Regular Session of 2008, that this body supports the bills currently in Congress, S. 1676 and H.R. 4000, and urges that the bills be heard and moved out of Committee, to receive the consideration of the full Senate and the full House of Representatives, and further to encourage Congress and the President to enact the bills into law, which would benefit COFA migrants in the U.S. regardless of the state or territory in which they reside and support the stated intent of Congress that the relationship created by the Compacts not cause adverse consequences to the states; and be it further Resolved, That the Department of Labor and Industrial Relations Office of Language Access is requested to provide its services to citizens of COFA nations, and that other programs that may be available to individuals whose first language is not English be provided to citizens of COFA nations; and be it further Resolved, That certified copies of this Resolution be transmitted to the President of the United States, all members of Congress, the Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Agriculture, the Governor, the President of the Republic of Palau, the President of the Federated States of Micronesia, and the President of the Republic of the Marshall Islands. ____ POM-381. A concurrent resolution adopted by the Legislature of the State of Utah urging Congress to pass the Rights-of- way Recognition Act; to the Committee on Energy and Natural Resources. House Concurrent Resolution No. 5 Whereas, in 1866, the United States Congress passed an open-ended grant of ``the right-of-way for the construction of highways over public lands, not reserved for public uses''; Whereas, the statute, commonly referred to as R.S. 2477, remained in effect for 110 years, and most of the transportation routes in the West were established under its authority; Whereas, although Congress repealed R.S. 2477 in 1976 by passing the Federal Land Policy Management Act, it purposely protected all rights-of-way established prior to October 21, 1976; Whereas, unlike any other federal land statute the establishment of R.S. 2477 rights-of-way required no entry, application, license patent, or deed on the part of the federal government, and no formal act of public acceptance on the part of the states or localities in whom the rights were vested; Whereas, because R.S. 2477 rights-of-way were not required by the grant to be formally recorded, they have become one of the more contentious land use issues in the West, resulting in on-the-ground conflicts and expensive litigation; Whereas, Southern Utah Wilderness Alliance v. Bureau of Land Management (SUWA v. BLM), a 10th Circuit Court of Appeals' order filed January 6, 2006, provides a thoughtful and reasonable way to resolve road disputes between the federal government and counties; Whereas, the United States Department of the Interior has developed and issued guidelines implementing the well- reasoned principles in SUWA v. BLM, formerly known as the ``Norton Implementation''; Whereas, certain members of Congress and certain nongovernmental organizations are attempting to defeat the principles of SUWA v. BLM as adopted by the Department of the Interior, and are trying to redefine R.S. 2477 rights-of-way out of existence in order to create additional wilderness across the West, which by definition is roadless; Whereas, Representative Steve Pearce of New Mexico has introduced in Congress the ``R.S. 2477 Rights-of-Way Recognition Act,'' a bill that codifies the beneficial principles established in SUWA v. BLM; and Whereas, rights-of-way, including roads established under R.S. 2477, are essential transportation routes which are critical to the economic stability and vitality of the rural West: Now, Therefore, be it Resolved, That the Legislature of the state of Utah, the Governor concurring therein, urge the United States Congress to support the fair and equitable resolution of R.S. 2477 rights-of-way by enacting the R.S. 2477, Rights-of-Way Recognition Act. Be it Further Resolved, That a copy of this resolution be sent to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and to the members of Utah's congressional delegation. ____ POM-382. A concurrent resolution adopted by the Legislature of the State of Utah urging Congress to designate a new recipient of royalties from Navajo reservation lands in Utah; to the Committee on Energy and Natural Resources. House Concurrent Resolution No. 4 Whereas, in 1933 Congress added federal lands located in San Juan County to the Navajo reservation and directed Utah to receive 37.5% of oil and gas royalties from those lands for ``the tuition of Indian children in white schools and/or the building or maintenance of roads . . . or for the benefit of Indians residing therein''; Whereas, in 1968 Congress amended the purposes for which the 37.5% of oil and gas royalties are to be expended to be ``for the health, education, and general welfare of the Navajo Indians residing in San Juan County, Utah''; Whereas, Utah is unique amongst the states in having such an obligation and the San Juan Navajos are unique in having this relationship to the state; Whereas, by treaty in 1868 the Navajo Nation was recognized as a sovereign and it is now the largest American Indian tribe in the country with significant expertise in its governance of its people; Whereas, the Navajo Nation receives and expends the other 62.5% of the oil and gas royalties from the San Juan County portion of the Navajo reservation; Whereas, the San Juan Navajos are valued citizens of the state of Utah whose interests include the need for critical infrastructure such as water and electricity; Whereas, the state first received monies from the 37.5% of the oil and gas royalties in 1959 and litigation related to those royalties began almost immediately, with a first major decision occurring in 1961; Whereas, the litigious environment surrounding the state's administration of the oil and gas royalties harms the relationship between the state and the San Juan Navajos and complicates all parties' ability to meet the needs of the San Juan Navajos; Whereas, Navajos have expressed a desire to have greater input or control over the administration of the 37.5% of oil and gas royalties; Whereas, there exists several Navajo related entities that are equipped to find a more effective way to administer these royalties where the state is not cast in the role as trustee; Whereas, removal of the state as a go-between provides an opportunity for Navajos to determine the best use of these royalties; Whereas, Congress should designate a new recipient of the 37.5% of oil and gas royalties; and Whereas, the state will continue to assist its citizens in the San Juan County through more traditional state tools such as the Navajo Revitalization Fund: Now, Therefore, be it Resolved, That the Legislature of the state of Utah, the Governor concurring therein, [[Page 12575]] encourages the United States Congress to expeditiously designate a new recipient of the 37.5% of oil and gas royalties as quickly as possible. Be it further Resolved, That the Legislature and Governor support congressional action that results in the 37.5% of oil and gas royalties continuing to flow to the benefit of San Juan Navajos. Be it further Resolved, That the Legislature and Governor request Congress to work with interested parties to ensure the best solution possible regarding the distribution of the 37.5% of oil and gas royalties. Be it further Resolved, That copies of this concurrent resolution be sent to: (1) the members of Utah's congressional delegation; (2) the Navajo Utah Commission; (3) the President of the Navajo Nation; (4) the Speaker of the Navajo Nation Council; (5) the board of trustees of the Navajo Trust Fund; and (6) the Dineh Committee of the Navajo Trust Fund. ____ POM-383. A resolution adopted by the House of Representatives of the State of Hawaii urging Congress to agree to an economy-wide reduction in its greenhouse gas emissions; to the Committee on Energy and Natural Resources. House Resolution No. 53 Whereas, the White House is convening a Major Economies Meeting on Energy Security and Climate Change with seventeen invited countries at the Center for Cultural and Technical Interchange Between East and West, Inc. (East-West Center) on the campus of the University of Hawaii at Manoa on January 30 and 31, 2008, to discuss potential international agreements on global climate change; and Whereas, for more than half a century, researchers have used atmospheric samples taken at the Mauna Loa Observatory on the island of Hawaii to track a steady annual increase in the concentration of carbon dioxide in the atmosphere and have concluded that concentrations are now higher than they have been in the past eight hundred thousand years; and Whereas, scientific consensus links the anthropogenic increase in greenhouse gases to global climate change; and Whereas, the Fourth Assessment Report of the Intergovernmental Panel on Climate Change indicates that global emissions of greenhouse gases need to peak in the next ten to fifteen years and be reduced to levels well below half those in 2000 by the middle of this century in order to stabilize greenhouse gases concentrations in the atmosphere at the lowest levels assessed by the Intergovernmental Panel on Climate Change to date in its scenarios; and Whereas, achieving the lowest levels assessed by the Intergovernmental Panel on Climate Change to date and its corresponding potential damage limitation would require developed countries as a group to reduce emissions in a range of twenty-five to forty percent below 1990 levels by 2020; and Whereas, the Intergovernmental Panel on Climate Change and the signatory nations of the United Nations Framework Convention on Climate Change have recognized the special dangers of climate change to island states, territories, and nations; and Whereas, global climate change is causing rapid melting of ice at both the north and south polar regions, which, in conjunction with thermal expansion due to warmer water temperatures, is leading to a rapid rise in sea level; and Whereas, University of Hawaii experts have demonstrated that a one meter rise in sea level would inundate much of Hawaii's coastline, including the world renowned Waikiki resort area, the Honolulu International Airport's reef runway, the majority of Hawaii's wastewater treatment facilities, many historic sites, and many populated areas, including lands up to a mile away from the existing shoreline in parts of Honolulu; and Whereas, global climate change also threatens Hawaii with stronger hurricanes, prolonged drought, shifting weather patterns, warmer temperatures, shifting micro-climates, increased spread of invasive species, and saltwater intrusion into its aquifers; and Whereas, increased atmospheric carbon dioxide concentrations foster greater carbon dioxide uptake by the world's oceans, leading to ocean acidification and the resultant decreases in reef health and decreases in survival of ocean life that rely on calcium carbonate shells; and Whereas, Hawaii is doing its part to reduce its contribution to global climate change by adopting progressive energy policies that promote the use of clean energy technologies such as wind, solar, wave, and biomass energy; and Whereas, Act 234, Session Laws of Hawaii 2007, placed a binding statewide cap on Hawaii's greenhouse gas emissions, by requiring Hawaii to reduce its non-aviation greenhouse gas emissions to their 1990 levels before 2020; Now, therefore, be it Resolved by the House of Representatives of the Twenty- fourth Legislature of the State of Hawaii, Regular Session of 2008, That in recognition of Hawaii's overwhelming vulnerability to global climate change, the President of the United States is urged to use the January 30 and 31, 2008, Major Economies Meeting on Energy Security and Climate Change, which is being hosted in Hawaii, to commit to an economy-wide reduction in greenhouse gas emissions in the United States; and be it further Resolved, That the President of the United States is urged to consent to binding and quantified commitments for the United States under the United Nations Framework Convention on Climate Change that would result in the rapid stabilization and decrease in atmospheric greenhouse gas concentrations; and be it further Resolved, That certified copies of this Resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, members of Hawaii's congressional delegation, and the Secretariat of the United Nations Framework Convention on Climate Change. ____ POM-384. A concurrent resolution adopted by the Senate of the State of Louisiana urging Congress to extend Louisiana's seaward boundary in the Gulf of Mexico to three marine leagues; to the Committee on Energy and Natural Resources. Senate Concurrent Resolution No. 38 Whereas, Louisiana's seaward boundary in the Gulf of Mexico has been judicially determined to be three geographical miles and the United States has jurisdiction past the three geographical miles; and Whereas, Congress has the power to amend the Submerged Lands Act of 1953, to allow for the recognition that Louisiana's seaward boundary extends three marine leagues into the Gulf of Mexico; and Whereas, Louisiana acts as a significant energy corridor vital to the entire United States and provides intersections of oil and natural gas intrastate and interstate pipeline networks which serve as references for future markets, such as the Henry Hub for natural gas, the St. James Louisiana Light Sweet Crude Oil, and the Mars Sour Crude Oil contracts; and Whereas, Louisiana provides storage for the nation's Strategic Petroleum Reserve and is the home of the Louisiana Offshore Oil Port, the nation's major import terminal for foreign oil; and Whereas, Louisiana and its coastal wetlands provide access to nearly thirty-four percent of the U.S. natural gas supply and nearly twenty-nine percent of the U.S. oil supply, upon which the United States' economic growth depends; and Whereas, Louisiana ranks first in crude oil production, and ranks second in natural gas production, both including the Outer Continental Shelf production; and Whereas, hurricanes Katrina and Rita have shown that the loss of vital oil and gas infrastructure in Louisiana and the Gulf of Mexico has an immediate and direct impact upon the economy and well-being of the entire country and its citizens; and Whereas, hurricanes Katrina and Rita turned approximately one hundred square miles of southeast Louisiana coastal wetlands into open water, and destroyed more wetlands east of the Mississippi River in one month than experts estimated to be lost in over forty-five years; and Whereas, the states of Texas and Florida have seaward boundaries in the Gulf of Mexico to three marine leagues; and Whereas, Louisiana will receive an increase in Outer Continental Shelf oil and gas revenues, but such revenues will not be of a significant amount until 2017; and Whereas, the extension of Louisiana's seaward boundary into the Gulf of Mexico for three marine leagues will provide an immediate stream of revenue for use in the state's efforts to clean up, rebuild, and restore southern Louisiana; therefore, be it Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to extend Louisiana's seaward boundary in the Gulf of Mexico to three marine leagues; and be it further Resolved, That a copy of this Resolution shall be transmitted to the secretary of the United States Senate and the clerk of the United States House of Representatives and to each member of the Louisiana delegation to the United States Congress. ____ POM-385. A concurrent resolution adopted by the Legislature of the State of Louisiana urging Congress to take such actions as are necessary to prohibit the importation of nuclear waste generated outside of the United States; to the Committee on Environment and Public Works. House Concurrent Resolution No. 99 Whereas, EnergySolutions, based in Salt Lake City, is seeking a license from the United States Nuclear Regulatory Commission (NRC) to import up to approximately twenty thousand tons, a total volume of up to approximately one million cubic feet, of various types of materials from decommissioned nuclear facilities in Italy; and Whereas, EnergySolutions would process and recycle most of the contaminated material at its facilities in Tennessee, in accordance with licenses issued by the state of Tennessee; and Whereas, the remaining waste would be sent to EnergySolutions' low-level radioactive waste disposal facility in Clive, Utah, [[Page 12576]] and any waste that does not qualify for disposal at the Utah facility would be returned to Italy; and Whereas, EnergySolutions' license application specifies that the waste is to be transported to the United States by oceangoing vessel to the ports of Charleston or New Orleans, and at the time of the application, the generators of the waste were ``not fully known'' nor could the waste be evaluated for classification pursuant to federal regulations; and Whereas, although the NRC seeks the input of the states of Tennessee and Utah as the states where the waste is processed and disposed, the states of Louisiana and South Carolina were not consulted despite the fact that the waste would spend significant time in these states while the cargo is transferred from an oceangoing vessel to either barge, truck, or rail transportation; and Whereas, the state of Louisiana continues to rebuild in the wakes of Hurricanes Katrina and Rita where substantial federal, state, and private resources are being brought to bear on the New Orleans metro area, and the fact or the perception that New Orleans is a staging area for foreign nuclear waste is counterproductive to that rebuilding effort; and Whereas, Europe as a whole may see an increase in the need to process and dispose of nuclear waste as many of the countries in Europe rely on an aging inventory of nuclear power plants that will be decommissioned in the coming years, as in the EnergySolutions application, and new facilities are being planned not only as replacements but also to reduce reliance on fossil fuel; and Whereas, the current application from EnergySolutions may only be the beginning of a trend as the decrease in value of the United States dollar in relation to the Euro will make disposal of Europe's nuclear waste in the United States economically attractive and make New Orleans the gateway to that cheap disposals; therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to prohibit the importation of nuclear waste generated outside of the United States of America; and be it further Resolved, That a copy of this Resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America and to each member of the Louisiana congressional delegation. ____ POM-386. A resolution adopted by the Legislature of the State of Utah relative to trade with Taiwan; to the Committee on Finance. Senate Resolution No. 4 Whereas, it is our belief that it is the responsibility of the United States to promote the values of freedom and democracy, a commitment to open markets, and the free exchange of goods and ideas both at home and abroad; Whereas, the Republic of China on Taiwan shares these values and has struggled throughout the past 50 years to create what is an open and thriving democracy; Whereas, despite being a member of the World Trade Organization since 2002, Taiwan has no formal trade agreement with the United States; Whereas, however, Taiwan has emerged as the United States eighth largest trading partner, the 11th largest export market, and the fifth largest farm products market; Whereas, the United States is Taiwan's largest trading partner, and American businesses have benefitted greatly from this dynamic trade relationship; Whereas, in terms of labor, environmental, and intellectual property protection standards, Taiwan is a model for advanced economies; Whereas, a free trade agreement with Taiwan will enable United States firms to leverage Taiwan's role as a gateway to Asia, with Taiwan serving as a secure platform and springboard for innovation and market access; Whereas, a free trade agreement with Taiwan would provide United States firms with a base of operations from which to export goods and services into the greater China region and Southeast Asia; Whereas, a free trade agreement with Taiwan would extend the coverage of World Trade Organization agreements to products, sectors, and conditions of trade not adequately covered; Whereas, over the past two decades, Taiwan has emerged as one of the United States most important allies in Asia and throughout the world; Whereas, Taiwan has forged an open, market-based economy and a thriving democracy based on free elections and the freedom of dissent, and it is in the interest of the United States to encourage the development of both of these institutions; Whereas, the United States has an obligation to its allies and to its own citizens to encourage economic growth, market openings, and the destruction of trade barriers as a means of raising living standards; and Whereas, a free trade agreement with Taiwan would be a positive step toward accomplishing these important goals: Now, therefore, be it Resolved, That the Senate of the State of Utah urges the President of the United States and the United States Congress to support a free trade agreement between the United States and the Republic of China on Taiwan; and be it further Resolved, That a copy of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the President of the Republic of China on Taiwan, and the members of Utah's congressional delegation. ____ POM-387. A joint resolution adopted by the Legislature of the State of Utah urging support of Medicaid long-term care funding of home and community-based supports; to the Committee on Finance. House Joint Resolution No. 5 Whereas, Utah's population is aging and Utahans with disabilities are living longer, healthier lives; Whereas, thousands of Utahans with disabilities and older Utahans currently need or will need long-term care and support to live productive lives in their communities; Whereas, facility-based care is a mandatory benefit and community-based supports are an optional benefit of Medicaid; Whereas, long-term care accounts for over 25 percent of all of Utah Medicaid spending; Whereas, nearly 60 percent of long-term care expenditures in Utah Medicaid are for facility-based care; Whereas, facility-based care can be up to five times more expensive than community-based support; Whereas, Utah Medicaid costs are growing at a rate of approximately 10 percent per year; Whereas, the Utah Legislature's Medicaid Interim Committee is seeking recommendations for containing costs and increasing accountability; and Whereas, Medicaid long-term care reform must be a cooperative effort among the Federal and State government, the private sector, and the disability and elderly communities: Now, therefore, be it Resolved, That the Legislature of the State of Utah urges Utah's congressional delegation to support the continued shift of Medicaid long-term care funding toward home and community-based supports; be it further Resolved, That the Legislature urges Utah's congressional delegation to support providing States with the flexibility and tools needed to manage Medicaid long-term care costs in a fiscally responsible manner; be it further Resolved, That the Legislature urges Utah's congressional delegation to support providing Medicaid long-term care and supports in the most appropriate and cost-effective manner while maintaining individual choice; be it further Resolved, That the Legislature urges Utah's congressional delegation to ensure the active participation of people with disabilities and older Americans in the ongoing design, implementation, and review of Medicaid's long-term care system; and be it further Resolved, That a copy of this resolution be sent to the members of Utah's congressional delegation, the members of the Utah Legislature's Medicaid Interim Committee, and the Disability Law Center. ____ POM-388. A resolution adopted by the Legislature of the State of Utah urging U.S. withdrawal from the Security and Prosperity Partnership of North America; to the Committee on Foreign Relations. House Resolution No. 1 Whereas, President George W. Bush established the Security and Prosperity Partnership (SPP) of North America with the nations of Mexico and Canada on March 23, 2005; Whereas, the gradual creation of such a North American Union from a merger of the United States, Mexico, and Canada would be a direct threat to the United States Constitution and the national independence of the United States and would imply an eventual end to national borders within North America; Whereas, on March 31, 2006, a White House news release confirmed the continuing existence of the SPP and its ``ongoing process of cooperation''; Whereas, Congressman Ron Paul has written that a key to the SPP plan is an extensive new North American Free Trade Agreement (NAFTA) superhighway: ``[U]nder this new `partnership,' a massive highway is being planned to stretch from Canada into Mexico, through the state of Texas.''; Whereas, this trilateral partnership to develop a North American Union has never been presented to Congress as an agreement or treaty, and has had virtually no congressional oversight; and Whereas, state and local governments throughout the United States would be negatively impacted by the SPP and North American Union process, such as the ``open borders'' vision of the SPP, eminent domain takings of private property along the planned superhighways, and increased law enforcement problems along those same superhighways: Now, therefore, be it Resolved, That the House of Representatives of the State of Utah urges the United States Congress and Utah's congressional delegation, to use all of their efforts, energies, and diligence to withdraw the United [[Page 12577]] States from any further participation in the Security and Prosperity Partnership of North America. Be it further Resolved, That the House of Representatives urges Congress to withdraw the United States from any other bilateral or multilateral activity, however named, which seeks to advance, authorize, fund, or in any way promote the creation of any structure to accomplish any form of North American Union as described in this resolution. Be it further Resolved, That a copy of this resolution be sent to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, to the members of Utah's congressional delegation, and all members of Congress by electronic means. ____ POM-389. A resolution adopted by the Senate of the State of Pennsylvania recognizing the month of May 2008 as ``Amyotrophic Lateral Sclerosis Awareness Month'' to the Committee on Health, Education, Labor, and Pensions. Senate Resolution No. 326 Whereas, Amyotrophic lateral sclerosis (ALS) is better known as Lou Gehrig's disease; and Whereas, ALS is a fatal neurodegenerative disease characterized by degeneration of cell bodies of the lower motor neurons in the gray matter of the anterior horns of the spinal cord; and Whereas, the initial symptom of ALS is weakness of the skeletal muscles, especially those of the extremities; and Whereas, as ALS progresses, the patient experiences difficulty in swallowing, talking and breathing; and Whereas, ALS eventually causes muscles to atrophy, and the patient becomes a functional quadriplegic; and Whereas, because ALS does not affect mental capacity, persons with ALS remain alert and aware of the loss of motor function and the inevitable outcome of continued deterioration and death; and Whereas, ALS occurs in adulthood, most commonly between the ages of 40 and 70, with the peak age about 55; and Whereas, ALS affects men two to three times more often than women; and Whereas, more than 5,000 new ALS patients are diagnosed annually; and Whereas, on average, patients diagnosed with ALS survive only two to five years from the time of diagnosis; and Whereas, research indicates that military veterans are at a 50% or greater risk of developing ALS than other persons; and Whereas, ALS has no known cause, means of prevention or cure; and Whereas, ``Amyotrophic Lateral Sclerosis Awareness Month'' increases public awareness of ALS patients' circumstances, acknowledges the terrible impact of ALS on patients and their families and recognizes ongoing research to eradicate ALS: Now, therefore be it Resolved, That the Senate of the Commonwealth of Pennsylvania recognize the month of May 2008 as ``Amyotrophic Lateral Sclerosis (ALS) Awareness Month'' in the Commonwealth of Pennsylvania; and be it further Resolved, That the Senate urge the President and Congress of the United States to enact legislation to provide additional funding for ALS research; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, to the Vice President of the United States, to the Speaker of the House of Representatives, to the members of Congress from Pennsylvania and to the United States Secretary of Health and Human Services. ____ POM-390. A concurrent resolution adopted by the House of Representatives of the State of Arizona urging Congress to enact legislation to provide adequate school facilities on tribal lands; to the Committee on Indian Affairs. House Concurrent Memorial 2007 Whereas, to achieve true self-determination, Native American governments, including the Hopi Tribe, must have the resources necessary to provide a quality education to their children living on federally recognized tribal lands so that those children have the same opportunity for learning as nonreservation children; and Whereas, it is vital to Indian education that the concepts of the No Child Left Behind Act be implemented in a manner consistent with the social, civic, economic, educational and cultural needs of American Indian tribes and communities; and Whereas, the Hopi Day School and the Hotevilla-Bacavi Community School at Third Mesa, Arizona have been in existence collectively for over one hundred and twenty-five years; and Whereas, due to the age and poor physical condition of the Hopi Day School and the Hotevilla-Bacavi Community School facilities, neither school can provide an appropriate educational environment for its students. The schools' deficiencies include classrooms that do not meet minimum space requirements and that lack a reliable means of controlling the temperature and air quality, interior walls painted with lead-based paint, numerous cracks in the masonry walls making the structural integrity of the building questionable and a lack of the standard amenities common to most schools. Both school facilities have been described by two different Bureau of Indian Affairs inspections as having exceeded their usefulness and functional life: and Whereas, the Hopi children living at Third Mesa who attend the Hopi Day School and the Hotevilla-Bacavi Community School are at risk and suffer from a significant educational disadvantage in comparison to their off-reservation peers, and this situation will continue until the federal government replaces the facilities at both schools; and Whereas, in the face of the deplorable physical conditions of their school facilities, the Hopi children attending these schools have nevertheless excelled at their AIMS test (Arizona Instrument to Measure Standards) and their Adequate Yearly Progress (AYP) assessments for the last five years, despite the fact that only one-third of tribal schools nationwide are attaining the AYP, thereby demonstrating their desire to achieve educational excellence; and Whereas, at a time when schools across the entire country are diligently engaged in educational reforms to ensure that ``no child is left behind'', the Hopi children living in the Third Mesa area are being left behind by the very entity responsible for the reform movement, the federal government; and Whereas, the Hopi Tribe is the only tribe in Arizona that does not have a gaming compact and, therefore, has no other financial resources with which to improve the conditions of its schools; and Whereas, the Hopi Tribe believes that a single school facility designed and built to serve the combined student populations served by the Hopi Day School and the Hotevilla- Bacavi Community School would be economically advantageous and would allow the addition of specialized staff and programs not available in the current separate school facilities, would reduce or eliminate duplication of staff, services and bus routes required under the two-school structure, would provide a proper learning environment for delivery of the whole educational program for each child from preschool through the eighth grade, would allow local control and would provide a school facility that is designed and constructed to last for many years and that can appropriately accommodate the growth of the local population; and Whereas, the Bureau of Indian Education has recognized that combining these two schools on the Hopi reservation would be a more meaningful, appropriate and just solution to the problems caused by the current dilapidated buildings; and Whereas, the governing boards for the two schools formally agreed to the concept of having a single school facility for the entire Third Mesa area providing educational programs that include early childhood education through the eighth grade; and Whereas, the reservation-wide Hopi Board of Education adopted a resolution supporting the single school concept and took formal action to reserve a landsite for the new school; and Whereas, the Village of Kykotsmovi Governing Board endorsed the single school concept and took formal action to reserve a landsite for the new school; and Whereas, the Hopi Tribal Council adopted a resolution approving both the single school concept and the landsite assignment. Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, Prays: 1. That the United States Congress recognize that failure to maintain adequate school facilities on Indian lands is a violation of the rights of tribal governments and communities to exercise and assert equitable education in their boundaries. 2. That the United States Congress provide a sufficient set-aside of Bureau of Indian Education monies to ensure that one new school will replace the two extremely old schools on the Third Mesa of the Hopi Reservation in order to promote fair and quality education for the children of the Hopi Indian Nation. 3. That the United States Congress promote and support adequate funding of schools on American Indian Reservations. 4. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona ____ POM-391. A concurrent resolution adopted by the House of Representatives of the State of Hawaii urging Congress to ratify the UN convention on the elimination of all forms of discrimination against women; to the Committee on the Judiciary. House Concurrent Resolution No. 16 Whereas, the Convention on the Elimination of All Forms of Discrimination Against Women (Convention) was adopted by the United Nations General Assembly in 1979; and Whereas, the Convention is the most complete international agreement that focuses specifically on basic human rights for women; and Whereas, the Convention requires ratifying nations to improve the status of women and [[Page 12578]] to work towards eliminating discrimination and violence against women by establishing equality in legal status, political participation, education, employment, healthcare, and the family structure; and Whereas, the Convention has resulted in reforms for women around the world, including measures against sex slavery, domestic violence, and trafficking of women; increasing primary education previously denied to females; and improved health care that have saved lives during pregnancy and childbirth; and Whereas, in 1972, Hawaii was the first state to ratify the federal Equal Rights Amendment, which would have amended the United States Constitution by establishing a guarantee of equal rights for women; and Whereas, although the United States played an important role in drafting the Convention on the Elimination of All Forms of Discrimination Against Women, the United States is one of only eight countries that include Sudan, Somalia, Qatar, Iran, Nauru, Palau, and Tonga, that have not ratified the Convention as of March 1, 2007; and Whereas, the United States' failure to ratify the Convention undermines the principle that human rights of women are universal and worthy of being guaranteed through international human rights standards; and Whereas, as women in the Unites States are succeeding in greater leadership roles in business and government and participate in local and national elections in record numbers, it is appropriate that the United States Congress demonstrate its unequivocal support for the rights of women internationally by ratifying the United Nations Convention on the Elimination of All Forms of Discrimination Against Women; Now, therefore, be it Resolved by the House of Representatives of the Twenty- fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, That the Legislature urges the United States Senate to demonstrate our national commitment to human rights for all people by ratifying the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and joining the one hundred eighty-five ratifying nations in endorsing the most comprehensive treaty ensuring fundamental human rights and equality for all women; and be it futher Resolved, that certified copies of this Concurrent Resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and members of Hawaii's congressional delegation. ____ POM-392. A resolution adopted by the Legislature of the State of Utah reaffirming the words, ``Under God,'' in the pledge of allegiance; to the Committee on the Judiciary. House Joint Resolution No. 3 Whereas, the Pledge of Allegiance is a promise or oath of allegiance to the United States as represented by its national flag; Whereas, the Pledge of Allegiance is commonly recited in unison at public events and especially in public school classrooms; Whereas, the Pledge of Allegiance was written in 1892 by Francis Bellamy, a Baptist minister; Whereas, by presidential proclamation, and later at the urging of the National Flag Conference, Reverend Bellamy's original version of the Pledge was altered prior to being officially recognized as the official national pledge in 1945; Whereas, on Flag Day, 1954, at President Dwight D. Eisenhower's urging, the United States Congress passed a resolution to add the words ``under God'' to the Pledge of Allegiance; Whereas, President Eisenhower explained, ``These words [``under God'] will remind Americans that despite our great physical strength we must remain humble. They will help us to keep constantly in our minds and hearts the spiritual and moral principles which alone give dignity to man, and upon which our way of life is founded.''; and Whereas, it is fitting that the phrase ``under God'' in the Pledge of Allegiance be reaffirmed as part of the official Pledge of Allegiance of the United States; Now, therefore, be it Resolved, That the Legislature of the state of Utah reaffirms the words ``under God'' as part of the official Pledge of Allegiance of the United States of America; and be it further Resolved, That copies of this resolution be sent to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and to the members of Utah's congressional delegation. ____ POM-393. A resolution adopted by the Senate of the State of Pennsylvania urging Congress to enact bill S. 70 of 2007 relative to Memorial Day; to the Committee on the Judiciary. Senate Resolution No. 321 Whereas, Memorial Day is a day of remembrance for those who have died in this nation's service; and Whereas, the United States observes Memorial Day as a time to honor and reflect on those sacrifices; and Whereas, Memorial Day was officially proclaimed by General John Logan, national commander of the Grand Army of the Republic, in his General Order No. 11, and it was first observed on May 30, 1868; and Whereas, Congress established Memorial Day as the last Monday in May when it approved the National Holiday Act of 1971 (P.L. 90-363) to ensure a three-day weekend for the Federal holiday; and Whereas, traditional observance of Memorial Day has diminished over the years as many Americans have forgotten the meaning and traditions of Memorial Day and instead use that day to celebrate the beginning of summer; and Whereas, to help re-educate and remind Americans of the true meaning of Memorial Day, President George W. Bush signed the National Moment of Remembrance Act in 2000 (P.L. 106- 579), designating 3 p.m. local time on Memorial Day as the National Moment of Remembrance to encourage citizens to pause and remember our fallen soldiers; and Whereas, to fully return the solemn spirit to Memorial Day, this nation should also return to the traditional day of observance of May 30 each year, regardless of the day of the week on which it falls; therefore be it Resolved, That the Senate of the Commonwealth of Pennsylvania memorialize the President and the Congress of the United States to enact bill S. 70 of 2007, which would designate the legal public holiday of Memorial Day as May 30, call for the flying of the flag at half-staff until noon that day and encourage Americans to observe Memorial Day as a day of ceremonies for showing respect for American veterans of wars and other military conflicts; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the presiding officers of each house of Congress and to each member of Congress from Pennsylvania. ____ POM-394. A concurrent resolution adopted by the Legislature of the State of Utah urging Congress to pass balanced immigration reform; to the Committee on the Judiciary. Senate Concurrent Resolution No. 5 Whereas, the economic relationship with Mexico, which shares our border, is vital to the United States because Mexico is the United States' second most important trading partner, the United States is Mexico's most important trading partner, and the U.S. is the largest source of direct foreign investment in Mexico; Whereas, economic, historic, and cultural ties between the U.S. and Mexico are critical to many U.S. industries, including many in Utah; Whereas, as a result of their shared borders and proximity to Mexico, western states, including Utah, suffer a disproportionate financial burden on health care, education, the environment, and criminal justice systems because of unauthorized immigration from Mexico, affecting the economy of the entire region; Whereas, the economic impacts may be offset by allowing more legal and readily available foreign workers to enter the U.S.; Whereas, seasonal industries, including agriculture and hospitality, historically and currently play a pivotal role in Utah's economy, and are heavily dependent upon a stable and reliable foreign labor pool; and Whereas, current immigration law addresses neither documented U.S. labor shortages nor marketplace dynamics, and without a lawful avenue to provide seasonal employees, encourages continued unlawful immigration to the U.S. which continues to negatively impact the state's economy; now, therefore, be it Resolved, That the Legislature of the state of Utah, the Governor concurring therein, express support for the development of a balanced national immigration policy with the overarching purpose of protecting and preserving the safety and interests of the United States and its citizens while recognizing the needs of Utah industries to have a stable and legal supply of workers quickly available where there are no U.S. workers otherwise available; and be it further Resolved, That the Legislature and the Governor urge Utah's congressional delegation to work with the United States Congress to ensure that any reform efforts focus primarily on enabling Utah's employers to hire a legal workforce sufficient to meet the needs of Utah industries to enhance the economic growth of the state's private sector; and be it further Resolved, That the Legislature and the Governor urge Congress to reform the current systems for obtaining work visas and reduce the delay for legal immigration; and be it further Resolved, That the Legislature and the Governor express their opposition to granting blanket amnesty to undocumented persons and urge that appropriate sanctions be a part of any solution; and be it further Resolved, That the Legislature and the Governor recognize that addressing the status of millions of undocumented persons currently present in the U.S. is a complex issue; and be it further Resolved, That the Legislature and the Governor urge that in passing immigration reform Congress not inadvertently create unnecessary hurdles and lengthy delays for those who wish to legally hire non-U.S. workers; and be it further Resolved, That the Legislature and the Governor urge that in passing immigration [[Page 12579]] reform Congress not inadvertently create incentives for additional illegal immigration by creating unnecessary hurdles and lengthy delays for those who wish to immigrate legally for work or citizenship; and be it further Resolved, That the Legislature and the Governor urge Congress to reform the Foreign Worker Visa system as part of any immigration reform; and be it further Resolved, That the Legislature and the Governor urge Congress to eliminate current visa backlogs and prevent future backlogs to help meet Utah workforce demands; and be it further Resolved, That the Legislature and the Governor recommend that these tasks can be accomplished by: (1) dramatically increasing the annual immigrant visa caps, including the limits on H-1B and H-2B visas, particularly in the industries requiring highly trained and educated workers and seasonal hospitality operations; (2) streamlining the processing of H-2A visas to create a more workable system to enable agricultural employers to hire needed foreign workers for seasonal jobs; (3) maintaining the L-1 visa program; and (4) expediting work authorization for foreign nationals who complete University-level degrees in U.S. institutions to ensure that the benefits of the educational investment the nation has made in these individuals remains in the U.S.; and be it further Resolved, That the Legislature and the Governor urge Congress to ensure the enforcement of current federal employer sanctions for knowingly hiring undocumented labor, which requires the federal government to adopt a secure, reliable, and fast employment verification system accessible to employers electronically 24 hours a day; and be it further Resolved, That copies of this resolution be sent to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, the United States Department of Homeland Security, and to the members of Utah's congressional delegation. ____________________