July 9, 2019 - Issue: Vol. 165, No. 114 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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PETITIONS AND MEMORIALS; Congressional Record Vol. 165, No. 114
(Senate - July 09, 2019)
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[Pages S4726-S4729] From the Congressional Record Online through the 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-102. A joint resolution adopted by the Legislature of the State of California urging the United States Congress to block the President's national emergency declaration by overriding the President's veto of House Joint Resolution 46 and consider terminating the declaration of a national emergency within six months or at the earliest possible time pursuant to the National Emergencies Act; to the Committee on Armed Services. Senate Joint Resolution No. 2 Whereas, On February 15, 2019, United States President Donald J. Trump declared an undefined national emergency; and Whereas, The President intends to cut $7.5 billion in the United States Department of Defense's funding targeted at the general welfare of our military, supporting infrastructure construction, defending national security threats, and limiting the flow of illegal drugs into the United States; and Whereas, Appropriating funds intended for military construction projects and counterdrug activities will come at the expense of troop readiness and departmentwide efforts to address the military's aging infrastructure and Whereas, Funds would otherwise be used to improve potable water distribution, update maintenance and storage facilities for military vehicles, build new combat training facilities, construct a shooting range complex, and build a close combat training facility, located at the Navy SEAL Campus in Coronado, California; and Whereas, Dollars would also otherwise be used for renovating the Defense Distribution Depot located in Tracy, California; and Whereas, The President is proposing to revert money already appropriated for updating runways and landing pads, as well as increased airfield security, at the Naval Air Station in Lemoore, California; and WHEREAS, Funds would otherwise be used to construct a Navy SEAL reserve training facility in San Diego, California; and Whereas, Money would otherwise be used for military family housing projects to remove lead paint and update hazardous living conditions in service members' homes; and Whereas, The funds would otherwise be used to fund a C-130 flight simulator facility at the Channel Islands Air National Guard Station in Oxnard, California, which would train pilots to fly planes outfitted with Modular Airborne Fire Fighting Systems that are used to combat wildfires in California; and [[Page S4727]] Whereas, The national emergency declaration diverts attention from current emergencies that pose real dangers to the health and welfare of California's environment at our border, such as the continued pollution at the Tijuana River Valley and the New River in Calexico; and =========================== NOTE =========================== On page S4727, July 9, 2019, at the top of the first column, the following appears: POM-102. Whereas, The national emergency declaration diverts attention from current emergencies that pose real dangers to the health and w3elfare of California's environment at our border, such as the continued pollution at the Tijuana River Valley and the New River in Calexico; and The online Record has been corrected to read: POM-102. Whereas, The national emergency declaration diverts attention from current emergencies that pose real dangers to the health and welfare of California's environment at our border, such as the continued pollution at the Tijuana River Valley and the New River in Calexico; and ========================= END NOTE ========================= Whereas, Dollars that would otherwise be used to update hospitals that treat wounded soldiers will be misused, placing even greater constraints on the moneys available for this purpose; and Whereas, The President has also stated that he expects to use this national emergency declaration to revert and repurpose funds already approved by the United States Congress to limit the flow of drugs into the United States; and Whereas, These funds were earmarked to combat the drug cartels in West Africa, Mexico, and Colombia, and nations acting as drug cartels, such as North Korea; and Whereas, In recent years, a substantial amount of counternarcotics funding has been used to stem the increasing tide of fentanyl being imported from China; and Whereas, Controlled substances are more likely to be smuggled through official ports of entry than between border crossings; and Whereas, Cutting drug interdiction funding will not deter the passage of controlled substances through the United States border, but will hamper counterdrug efforts in areas where the funds could make a meaningful impact; and Whereas, The United States Department of Defense has roughly $1 billion earmarked for counternarcotic missions and drug interdiction for the 2019 fiscal year, and yet the Trump Administration has asked for $2.5 billion from the counternarcotic fund; and Whereas, The Pentagon will have to divert money from elsewhere beyond the appropriated funding to come up with the extra $1.5 billion, negatively affecting our nation's ability to effectively and efficiently combat the flow of drugs into our borders; and Whereas, This nation needs to continue to repair and strengthen our military and redirecting funds needed for this purpose will undercut our accomplishments and underfund our operations; and Whereas, Numerous news reports indicate that the President is considering reallocating funds currently appropriated for disaster relief and aid, including $2.4 billion appropriated to the State of California, the diversion of which will severely hurt communities already suffering as a result of natural disasters; and Whereas, By the President's own admission in regard to the national emergency declaration, he ``didn't need to do this''; and Whereas, On February 26, 2019, the United States House of Representatives passed House Joint Resolution 46 by a vote of 245--182, pursuant to the federal National Emergencies Act, to overturn President Trump's emergency declaration and the United States Senate passed that resolution by a 59-41 vote on March 14, 2019. On the following day, the President vetoed the resolution; and Whereas, Twenty states, including California, have filed suit to block the President's national emergency declaration; now, therefore, be it Resolved, by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the houses of the United States Congress to stand in unity and block the President's national emergency declaration by overriding the President's veto of House Joint Resolution 46 and, if not possible, to consider terminating the declaration of national emergency within six months or at the earliest possible time pursuant to the National Emergencies Act; and be it further Resolved, That the Legislature urges the President to reconsider his motives and decision and allow military, defense, and counterdrug funds to be used for the purposes for which they are needed and for which they were made available; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States. ____ POM-103. A concurrent resolution adopted by the Legislature of the State of Louisiana urging the United States Congress to support the initiative calling for accurate, third-party application (app) ratings and intuitive parental controls to better protect children from harmful online and mobile device content; to the Committee on Commerce, Science, and Transportation. Senate Concurrent Resolution No. 36 Whereas, millions of children use online and mobile devices daily; and Whereas, parents rely on ratings to decide whether to allow their children to have access to apps available online and on mobile devices; and Whereas, app developers currently self-rate their apps and display the ratings in app stores; and Whereas, this rating system can be misleading, inconsistent, and does not appropriately warn parents of the potential dangers found in applications; and Whereas, no third-party organization holds app developers accountable to ensure ratings are accurate and adequately explain the content and advertising available to children therein: and Whereas, popular apps often do not include or have adequate parental controls; and Whereas, apps can be hot spots for bullying, grooming, sex- trafficking, pornography, glamorized self-harm content, and the buying and selling of illegal drugs; and Whereas, in order to protect children from such harm, parents seek adequate parental controls as well as the information necessary to determine if apps are appropriate for their children; and Whereas, the #fixappratings initiative calls for the creation of an independent app ratings board and rating system that is clearly understood, enforced, trustworthy, and exists to protect the innocence of minors; and Whereas, the #fixappratings initiative also calls for the release of intuitive parental controls to ensure that parents can effectively control their children's app activity; Whereas, be it Resolved, That the Legislature of Louisiana memorializes the Congress of the United States to support the #fixappratings initiative calling for the establishment of a third-party organization to assign app ratings and descriptions and the development of user-friendly parental controls; 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-104. A resolution adopted by the Senate of the State of New Jersey urging the United States Congress and the President of the United States to pass legislation that would amend the Code of the Internal Revenue Service which would prevent the IRS from collecting taxes on any amount of student loan forgiven for deceased veterans; to the Committee on Finance. Senate Resolution No. 75 Whereas, Each member of the United States Armed Forces serves our country to protect the citizens of the United States and, in 2015, there were over one million active duty members of the Armed Forces; and Whereas, If a service member sustains an injury or illness while on active duty, they may be discharged and return home to pursue higher educational opportunities; and Whereas, Many service members embrace the opportunity to pursue higher education through the various tuition assistance programs and college funds offered to service members, which may be used in combination with federal and private student loans to pay for the cost of college; and Whereas, If a service member loses his or her life as a result of an injury or illness sustained while on active duty, the federal education loans are forgiven under the Higher Education Act and private loan companies can choose to forgive the education loans; and Whereas, When an educational loan is forgiven the Internal Revenue Code categorizes the amount of the loan as taxable gross income for a cosigner on the loan, which can include both family and friends of the deceased service member; and Whereas, Taxing loan forgiveness as income can be burdensome to family members and friends especially during a time when they are grieving the loss of their loved one; and Whereas, Families of veterans who lost their lives as a result of an illness or injury sustained while serving on active duty have already sacrificed so much for the United States; and Whereas, [The federal bill H.R. 500, named the ``Andrew P. Carpenter Tax Act,''] It is altogether fitting and proper for Congress to enact legislation, similar to H.R. 500 of the 115th Congress, that would amend the Internal Revenue Code to prevent the Internal Revenue Service from collecting taxes on any amount of student loan forgiven; and Whereas, The [federal bill will] legislation would help to ease the financial burden for individuals who are already grieving for the loss of their loved one; Now, therefore, be it Resolved, by the Senate of the State of New Jersey: 1. This House respectfully urges the President and Congress of the United States to enact [H.R. 500] legislation which amend the Internal Revenue Code to prevent the Internal Revenue Service from collecting taxes on any amount of student loan forgiven for deceased veterans. 2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the President and Vice President of the United States, the United States Secretary of Defense, the Majority and Minority Leader of the United States Senate, the Speaker and the Minority Leader of the United States House of Representatives, and every member of Congress from New Jersey. ____ POM-105. A resolution adopted by the Senate of the State of Hawaii urging the United States Congress to embrace the goals of the New York Declaration on Forests and the 2030 Agenda and make sustainable development the centerpiece of national social and sustainable policies; to the Committee on Foreign Relations. Senate Resolution No. 98 Whereas, Hawaii is recognized as a global partner and local leader in sustainability, peace, climate change adaptation, and human rights due to its adoption of global [[Page S4728]] standards of social justice to improve the well-being of Hawaii's islands and the world; and Whereas, in September 2015, the United Nations General Assembly adopted the historic Transforming Our World: The 2030 Agenda for Sustainable Development (2030 Agenda), a comprehensive, compassionate, creative, and courageous plan of action to end poverty, protect the planet, and ensure that all people enjoy peace and prosperity; and Whereas, the 2030 Agenda includes seventeen Sustainable Development Goals (SDGs), one hundred sixty-nine Targets, and two hundred thirty Indicators upon which general agreement has been reached to measure, monitor, and mobilize; and Whereas, the Hawaiian islands are home to forests that play a pivotal role in Hawaii's natural environment, both historically and for future generations, by providing watershed, soil, and habitat protection; and Whereas, Hawaii's forests cover two million acres, approximately half of the entire land mass of Hawaii, and Hawaii has a strong commitment to planting, management, and natural regeneration of its forests; and Whereas, Hawaii's forests are critically important to local culture, the people, and perpetuation of pristine environments and provide aesthetic value, enjoyment, water conservation, and improved air quality; and Whereas, the New York Declaration on Forests (NYDF) provides a proactive and participatory human rights based approach to protect and restore forests that supports the scope and significance of the United Nations SDGs; and Whereas, the NYDF was created and launched at the United Nations Climate Summit at United Nations Headquarters in September, 2014, receiving endorsements by two hundred entities including governments, corporations, civil society, and indigenous peoples; and Whereas, the NYDF outlines ten global targets related to protecting and restoring forests, which, if realized, have the potential to reduce annual carbon emission by 4.5 to 8.8 billion tons of CO2--the equivalent of the annual emissions of the United States; and Whereas, the ten goals of the NYDF are: (1) Stop forest loss; (2) Eliminate deforestation from agricultural activities; (3) Reduce non-agricultural deforestation; (4) Support alternatives to deforestation for subsistence farming, fuel, and other basic needs; (5) Restore forests; (6) Quantify forest conservation and restoration targets for 2030 as part of the 2030 Agenda SDGs; (7) Reduce emissions from deforestation and forest degradation in accordance with global climate agreements; (8) Provide financing for forest action; (9) Reward countries and jurisdictions that reduce forest emissions; and (10) Strengthen governance, empower communities, and recognize the rights of indigenous peoples; and Whereas, adopting the NYDF can accelerate progress with new partnerships to achieve the United Nations Paris Agreement and the United Nations 2030 Agenda; and Whereas, the ten goals of the NYDF coincide with the seventeen SDGs and provide an agenda for grassroots and global action but it is up to individuals, communities, and states to generate the political will necessary to achieve these goals; and Whereas, Hawaii is already participating in global efforts to empower and engage everyone, everywhere to protect the planet and end poverty, regularly attending sessions of the United Nations Framework Convention on Climate Change, the United Nations Human Rights Council, and the United Nations High Level Political Forum; and Whereas, in Hawaii, college, community, and capitol discussions on the United Nations Framework Convention on Climate Change Conference of Parties annual results and the United Nations High Level Political Forum follow-up and review of the SDGs continue to generate genuine insight into how both sets of goals are being realized in the Hawaiian Islands and what next steps are needed to continue Hawaii's forward momentum; and Whereas, adopting the NYDF in Hawaii will allow for greater coordination and communication between Hawaii and other NYDF partners to share promising practices and support further improvements for Hawaii's forests; and Whereas, adopting the NYDF will link Hawaii's forest practitioners to a global network with relevant expertise and capacity to support the implementation of the forest elements of commitments under the Paris Agreement that; Now, therefore, be it Resolved by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that this body engages, endorses, accepts, and adopts the New York Declaration on Forests; and, be it further Resolved that the Legislature urges federal leaders and the nation to embrace the goals of the NYDF and the 2030 Agenda and make sustainable development the centerpiece of national social and sustainable policies; and be it further Resolved that certified copies of this Resolution be transmitted to the President of the United States, Vice President of the United States, Speaker of the United States House of Representatives, Minority Leader of the United States House of Representatives, Majority Leader of the United States Senate, Minority Leader of the United States Senate, members of Hawaii's congressional delegation, United Nations Secretary General, United Nations General Assembly President, United Nations High Commissioner for Human Rights, NYDF Platform Secretariat, Executive Secretary of the United Nations Framework Convention on Climate Change, United Nations High Level Political Forum, and mayors of each county. ____ POM-106. A resolution adopted by the Senate of the State of Hawaii urging the United States Congress to embrace the Aarhus Convention and make protection of the environment and decision-making on environmental policies the centerpiece of national debate and practice; to the Committee on Foreign Relations. Senate Resolution No. 99 Whereas, Hawai`i is recognized as a global partner and local leader in promoting human rights to create a culture of democracy, rule of law, and protection of the planet through its adoption of global and regional standards to guide decisionmaking processes; and Whereas, Hawai`i is guided by traditional Hawaiian values and emerging international human rights visions to generate good governance and ensure participation in policymaking and protection of our islands and the planet; and Whereas, in September 2015, the United Nations General Assembly adopted the historic 2030 Development Agenda entitled ``Transforming Our World: The 2030 Agenda for Sustainable Development'', a comprehensive, compassionate, creative, and courageous plan of action to end poverty, protect the planet, and ensure that all people enjoy peace and prosperity; and Whereas, in December 2015, the United Nations Framework Convention on Climate Change Conference of Parties agreed to the Paris Agreement, calling for the first time to limit future increases in the global average temperature to 1.5 degrees Celsius; and Whereas, the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is an important instrument for achieving the goals of the Paris Agreement and the 2030 Agenda; and Whereas, the Aarhus Convention consists of numerous articles covering ideas and coordinating implementation including the following: (1) Access to Environmental Information; (2) Collection and Dissemination of Environmental Information; (3) Public Participation in Decisions on Specific Activities; (4) Public Participation Concerning Plans, Programmes and Policies Relating to the Environment; (5) Public Participation During the Preparation of Executive Regulations and/or Generally Applicable Legally Binding Normative Instruments; and (6) Access to Justice; and Whereas, the parties to the Aarhus Convention: (1) Aimed to further accountability of and transparency in decision-making and to strengthen public support for decisions on the environment; (2) Recognized that that the public needs to be aware of procedures for participation in environmental decision- making, have free access to the political process, and know how to exercise that access; (3) Recognized the importance of respective roles for individual citizens, non-governmental organizations, and the private sector in environmental protection; and (4) Desired to promote environmental education to further the understanding of the environment and sustainable development and to encourage widespread public awareness of and participation in decisions affecting the environment and sustainable development; now, therefore, be it Resolved by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that this body engages, endorses, accepts, and adopts the Aarhus Convention; and be it further Resolved that the Congress of the United States is requested to embrace the Aarhus Convention and make protection of the environment and decision-making on environmental policies the centerpiece of national debate and practice; and be it further Resolved that certified copies of this Resolution be transmitted to the President of the United States, Vice President of the United States, Speaker of the United States House of Representatives, President Pro Tempore of the United States Senate, Majority Leader of the United States House of Representatives, Minority Leader of the United States House of Representatives, Majority Leader of the United States Senate, Minority Leader of the United States Senate, Hawai`i's congressional delegation, Governor, mayor of each county, Secretary General of the United Nations, United Nations High Commissioner for Human Rights, and Chairs of Hawai`i's Climate Change Mitigation and Adaptation Commission. ____ POM-107. A concurrent resolution adopted by the Legislature of the State of Louisiana urging the United States Congress to take such actions as are necessary to recognize the historical significance of Juneteenth Independence Day to the United States and observe Juneteenth nationally as a holiday; to the Committee on the Judiciary. House Concurrent Resolution No. 66 Whereas, news of the end of slavery did not reach frontier areas of the United States, [[Page S4729]] and in particular the southwestern states, for more than two and a half years after President Lincoln's Emancipation Proclamation, which was issued on January 1, 1863, and months after the conclusion of the Civil War; and Whereas, Juneteenth is an annual observance and celebration of the date Union soldiers enforced the Emancipation Proclamation freeing all remaining slaves in Galveston, Texas, on June 19, 1865; and Whereas, since 1865, the day has been celebrated as the day African-Americans received the news of the signing of the Emancipation Proclamation; and Whereas, Juneteenth commemorates the strength and resolve of African-Americans throughout our history, and is an opportunity to highlight the value of African-American culture, art, history, and achievement; and Whereas, the celebration of the end of slavery is an important and enriching part of the history and heritage of the United States; and Whereas, for more than one hundred fifty years, Juneteenth Independence Day celebrations have been held to honor African-American freedom while encouraging self-development and respect for all cultures; and Whereas, forty-six states and the District of Columbia have designated Juneteenth Independence Day as a special day of observance in recognition of the emancipation of all slaves in the United States; and Whereas, in 1997, the 105th United States Congress officially recognized Juneteenth as the observance of Independence Day of Americans of African descent; and Whereas, Juneteenth reflects our belief in liberty and equality for every citizen, as everyone can benefit from a greater understanding and appreciation of the experiences of others; Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to recognize the historical significance of Juneteenth Independence Day to the United States and observe Juneteenth nationally as a holiday; 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-108. A concurrent resolution adopted by the Legislature of the State of Louisiana urging the United States Congress to take such actions as are necessary to authorize the garnishment of veterans' disability benefits to fulfill child support obligations; to the Committee on Veterans' Affairs. House Concurrent Resolution No. 7 Whereas, Civil Code Article 224 provides that parents are obligated to support, maintain, and educate their child, and the obligation to educate a child continues after minority as provided by law; and Whereas, 5 CFR Part 581, Subpart A provides which moneys received by a civilian employee for services rendered to a governmental entity are subject to garnishment for the purpose of enforcing the legal obligations of obligors to provide child support; and Whereas, pursuant to 42 U.S.C. 659, the United States consents to the withholding and garnishing of income of an individual for the enforcement of the individual's child support and alimony obligations; and Whereas, 42 U.S.C. 659 further provides that the federal government will allow under certain circumstances the garnishment of service-connected disability compensation paid by the Secretary of Veterans Affairs to former members of the armed forces for the purpose of enforcing child support and alimony obligations; and Whereas, in Rose v. Rose, 481 US 619 (1987), the Supreme Court held that not only could a state consider the amount of disability benefits received by a veteran in setting the amount of child support, but also, once a child support obligation had been created, the veteran's disability benefits could be used to satisfy that obligation; and Whereas, in the same case, Justice Marshall, quoting the legislative record, describes the purpose of veterans' disability benefits as compensation for impaired earning capacity and ``to provide reasonable and adequate compensation for disabled veterans and their families''; and Whereas, as of February 2019, the current total for child support arrears in Louisiana is $1,923,958,949.00 and less than one percent of that amount has been collected; and Whereas, adequate child support is vital to the well-being of children and families in our state; Therefore, be it Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to authorize the garnishment of veterans' disability benefits to fulfill child support obligations; 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-109. A resolution adopted by the Mayor and Council of the City of Cincinnati, Ohio, expressing its support for H.R. 5, known as the Equality Act, which will ensure that federal civil rights laws are fully inclusive of protections for all persons, regardless of sexual orientation or gender identity; to the Committee on the Judiciary. ____________________
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