[Congressional Record Volume 163, Number 3 (Thursday, January 5, 2017)]
[Senate]
[Pages S111-S112]
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-1. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania urging the President of the 
     United States and the United States Congress to review the 
     changes to the Federal floodplain management regulations to 
     assess whether exceptions should be made for potential 
     building projects; to the Committee on Banking, Housing, and 
     Urban Affairs.

                       Senate Resolution No. 421



 =========================== NOTE =========================== 

  
  On Page S111, January 5, 2017, in the first column, under POM-1, 
the following appears: SENATE RESOLUTION 421
  
  The online Record has been corrected to read: SENATE RESOLUTION 
No. 421


 ========================= END NOTE ========================= 

       Whereas, Blight is a growing problem in many communities in 
     this Commonwealth; and
       Whereas, Changes made to the Federal floodplain management 
     regulations were issued by executive order in January 2015; 
     and
       Whereas, Flood insurance is now required under the 
     executive order, making the redevelopment and revitalization 
     of older, blighted properties financially straining; and
       Whereas, Federal agencies are obligated to apply these 
     standards to all Federal actions, including federally 
     approved permits, federally backed home loans and flood 
     insurance regulations and many Housing and Urban Development 
     programs, including the Low-Income Housing Tax Credit (LIHTC) 
     program; and
       Whereas, While these changes were intended to enhance the 
     safety and security of citizens during floods and to diminish 
     the risk of flood loss, the modifications to the Federal 
     floodplain management regulations have hindered the ability 
     of our older communities to develop creative, nonprohibitive 
     ways to renovate abandoned buildings: Now, therefore, be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge the President and the Congress of the 
     United States to review the changes to the Federal floodplain 
     management regulations to assess whether exceptions should be 
     made for potential building projects so that applications can 
     be submitted to the Pennsylvania Housing Finance Agency for 
     review and consideration under the Low-Income Housing Tax 
     Credit program and so that the applications are not at an 
     economic disadvantage; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-2. A resolution adopted by the Legislature of the State 
     of Florida urging the United States Congress to enact 
     legislation to promote economic recovery in the Commonwealth 
     of Puerto Rico; to the Committee on Energy and Natural 
     Resources.

                           House Memorial 601

       Whereas, the Commonwealth of Puerto Rico and the State of 
     Florida share a strong cultural bond and are important trade 
     partners, and
       Whereas, the Commonwealth of Puerto Rico has experienced a 
     prolonged and difficult economic recession that has led to 
     mass unemployment in Puerto Rico and decreased trade 
     opportunities with the State of Florida, and
       Whereas, the Commonwealth of Puerto Rico has public debts 
     in excess of $72 billion, which continue to cripple Puerto 
     Rico's ability to improve and sustain economic growth, and
       Whereas, the 1984 amendments to the United States 
     Bankruptcy Code prohibit the Commonwealth of Puerto Rico from 
     authorizing its municipalities and public utilities to file 
     for bankruptcy relief under Chapter 9 of the code, and
       Whereas, the United States Bankruptcy Code amendments 
     require Puerto Rico's municipalities and public utilities to 
     engage in piecemeal negotiations with each of their 
     creditors, rather than consolidating debt and developing a 
     comprehensive plan for repayment, and
       Whereas, the citizens of Puerto Rico are suffering greatly 
     due to their government's inability to renegotiate the terms 
     of this debt under a comprehensive plan, and
       Whereas, the United States Government has an obligation to 
     promote and assist the economic prosperity of the 
     Commonwealth of Puerto Rico as an important territory of our 
     nation, and
       Whereas, the United States Congress eliminated a tax 
     exemption for manufacturers from Section 936 of the Internal 
     Revenue Code, greatly contributing to an increase in 
     unemployment in the Commonwealth of Puerto Rico, and
       Whereas, the Commonwealth of Puerto Rico would greatly 
     benefit from new ideas and programs that promote economic 
     development to bring high paying jobs back to Puerto Rico, 
     and
       Whereas, the Commonwealth of Puerto Rico and the State of 
     Florida would both benefit from Puerto Rico's renewed 
     economic prosperity, and
       Whereas, the national debt of the United States is 
     currently more than $19 trillion. Now, therefore, be it
       Resolved by the Legislature of the State of Florida:
       That the Congress of the United States is urged to enact 
     legislation to promote economic recovery in the Commonwealth 
     of Puerto Rico consistent with sound fiscal principles 
     necessary to reduce the national debt; and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-3. A resolution adopted by the Senate of the State of 
     Michigan urging the President of the United States and the 
     United States Congress to curb and clarify the role and 
     authority of the United States Department of Education as it 
     relates to the ``supplement not supplant'' provisions in the 
     Every Student Succeeds Act; to the Committee on Health, 
     Education, Labor, and Pensions.

                       Senate Resolution No. 214

       Whereas, The federal Every Student Succeeds Act (ESSA) 
     requires that federal Title I funding to low-income students 
     supplements, rather than supplants, state and local dollars. 
     This provision is intended to keep local school districts 
     from using federal Title I dollars as a replacement for state 
     and local dollars in low-income schools; and
       Whereas, To enforce this provision, the U.S. Department of 
     Education has proposed burdensome regulations to require 
     school districts to show that average per-pupil state and 
     local spending in Title I schools is at least equal to the 
     average spending in non-Title I schools. The rules allow 
     several different options for districts to calculate spending 
     and demonstrate compliance with ``supplement not supplant''; 
     and
       Whereas, The proposed regulations exceed the legal 
     authority of the department and blatantly trample on explicit 
     statutory prohibitions. Specific prohibitions in the 
     ``supplement not supplant'' provisions include subdivision 
     1118(b)(4), which says, ``Nothing in this section shall be 
     construed to authorize or permit the Secretary to prescribe 
     the specific methodology a local educational agency uses to 
     allocate state and local funds to each school receiving 
     assistance under this part''; and
       Whereas, School district personnel have complained that the 
     proposed regulations would be unworkable. The School 
     Superintendents Association (AASA) stated that the proposed 
     regulation ``glosses over the realities of school finance, 
     the reality of how and when funds are allocated, the extent 
     to which districts do or do not have complete flexibility, 
     the patterns of teacher sorting and hiring, and the 
     likelihood that many students would experience the rule, as 
     drafted, in a way that undermines true efforts aimed at 
     increasing education equity''. Now, therefore, be it
       Resolved by the Senate, That we urge the President of the 
     United States to direct the U.S. Department of Education to 
     stop its federal overreach as it relates to the ``supplement 
     not supplant'' provisions of the Every Student Succeeds Act; 
     and be it further
       Resolved, That we memorialize Congress to enact legislation 
     that clarifies the Department of Education's role and 
     authority as it pertains to ``supplement not supplant'' 
     provisions; and be it further
       Resolved, That 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, the members of the Michigan congressional 
     delegation, and the U.S. Department of Education as public 
     comment on proposed rules.
                                  ____

       POM-4. A resolution adopted by the Senate of the State of 
     Michigan urging the United States Congress to pass the 
     Americans with Disabilities Act (ADA) Education and Reform 
     Act of 2015; to the Committee on Health, Education, Labor, 
     and Pensions.

                       Senate Resolution No. 204

       Whereas, The ADA was enacted in 1990 to improve access and 
     equality for disabled Americans. After 25 years in effect, 
     the integrity of the ADA is in question because of the 
     onslaught of lawsuits against small businesses due to minor 
     and correctable infractions; and
       Whereas, Small businesses provide goods and services that 
     are vital to our economy and it is important that every 
     effort is made to ensure disabled Americans have access to 
     those goods and services. When there are minor and easily 
     correctable ADA infractions, small businesses are 
     increasingly being faced with lawsuits by individuals; and
       Whereas, The threat or actual occurrence of a lawsuit 
     places small business in the dilemma of choosing whether to 
     settle the suit or face the potentially exorbitant cost of 
     litigation in terms of both time and money. Additionally, 
     plaintiffs who abuse the ADA system often file multiple 
     cases, many with businesses and properties; and

[[Page S112]]

       Whereas, The ADA Education and Reform Act of 2015 proposes 
     to provide business owners an opportunity to remedy alleged 
     ADA violations before facing the cost of legal fees. The act 
     would provide business owners a 120-day window within which 
     to make the public accommodation corrections that they were 
     cited for under the ADA. It restores the ADA to its original 
     purpose of enabling access and accommodation to disabled 
     Americans. Now, therefore, be it
       Resolved, That we, the Senators of the 98th Legislature of 
     the state of Michigan, on behalf of all citizens of this 
     state, respectfully urge the U.S. Congress to pass the 
     Americans with Disabilities Act (ADA) Education and Reform 
     Act of 2015; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-5. A resolution adopted by the General Assembly of the 
     State of New Jersey urging the United States Congress and the 
     President of the United States to enact legislation to ensure 
     that students from the State of New Jersey and throughout the 
     United States have access to debt-free higher education at 
     public colleges and universities; to the Committee on Health, 
     Education, Labor, and Pensions.

                      Assembly Resolution No. 183

       Whereas, A college education is one of the most valuable 
     investments a family can make, but it has never been more 
     difficult for families to afford the dream of college as the 
     cost has grown exponentially in recent decades; and
       Whereas, According to the White House, the cost of college 
     has risen more than 250 percent over the last three decades, 
     while income for typical families grew by only 16 percent, 
     making it difficult for a student to graduate without debt; 
     and
       Whereas, As a result, an increasing number of young 
     Americans, including many from New Jersey, have been forced 
     to borrow significant amounts to afford the cost of higher 
     education. According to a study from LendEDU, New Jersey 
     ranks ninth in the country in student loan debt, with the 
     average student loan debt for New Jersey's public and private 
     college and university graduates at over $30,000 in 2016; and
       Whereas, Student loan debt saddles the very students who 
     most depend on a college degree to level the economic playing 
     field with a burden that constrains their career choices, 
     hurts their credit ratings, prevents them from fully 
     participating in the economy, and threatens essential 
     milestones of the American dream such as buying a home or 
     car, starting a family, and saving for retirement; and
       Whereas, Young people in the State of New Jersey and 
     throughout the country should have the same opportunity 
     offered to those who went to college in previous generations, 
     including the ability to attend public colleges and 
     universities without taking on burdensome debt; and
       Whereas, Because of the importance of higher education to 
     the nation's economy, the United States and its state 
     governments should expand the opportunity to pursue and 
     attain a college degree; and
       Whereas, Public investment in higher education pays off, as 
     evidenced by the fact that workers with college degrees earn 
     more money, pay more taxes, and rely less on government 
     services; and
       Whereas, A national goal of establishing a debt-free public 
     higher education system would include significant federal aid 
     to states, including New Jersey. Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House urges Congress and the President of the 
     United States to enact legislation to ensure that students 
     from the State of New Jersey and throughout the United States 
     have access to debt-free higher education at public colleges 
     and universities.
       2. Copies of this resolution, as filed with the Secretary 
     of State, shall be transmitted by the Clerk of the General 
     Assembly to the President and Vice-President of the United 
     States, the Majority and Minority Leaders of the United 
     States Senate, the Speaker and Minority Leader of the United 
     States House of Representatives, and every member of Congress 
     elected from this State.
                                  ____

       POM-6. A memorial adopted by the Legislature of the State 
     of Florida applying to the United States Congress to call a 
     convention under Article V of the United States Constitution 
     with the sole agenda of proposing an amendment to the United 
     States Constitution to set a limit on the number of terms 
     that a person may be elected as a member of the United States 
     House of Representatives and to set a limit on the number of 
     terms that a person may be elected as a member of the United 
     States Senate; to the Committee on the Judiciary.

                           House Memorial 417

       Whereas, Article V of the Constitution of the United States 
     requires Congress to call a convention for the sole purpose 
     of proposing amendments to the Constitution upon application 
     of two-thirds of the states, and
       Whereas, a continuous and growing concern has been 
     expressed that the best interests of the nation will be 
     served by limiting the terms of members of Congress, and
       Whereas, the voters of the State of Florida, by the 
     gathering of petition signatures, placed on the general 
     election ballot of 1992 a measure to limit the consecutive 
     years of service for several offices, including the offices 
     of United States Representative and United States Senator, 
     and
       Whereas, the voters of Florida incorporated this limitation 
     into the State Constitution as Section 4 of Article VI, by an 
     approval vote that exceeded 76 percent in the general 
     election of 1992, and
       Whereas, in 1995, the United States Supreme Court ruled in 
     U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), a 
     five-to-four decision, that the individual states did not 
     possess the requisite authority to establish term limits, or 
     additional qualifications, for persons elected to the United 
     States House of Representatives or the United States Senate, 
     and
       Whereas, upon reflecting on the intent of the voters of 
     this state and their overwhelming support for congressional 
     term limits, the Legislature, in its 114th Regular Session 
     since Statehood in 1845, did express through a memorial to 
     Congress the desire to receive an amendment to the 
     Constitution of the United States to limit the number of 
     consecutive terms that a person may serve in the United 
     States House of Representatives or the United States Senate, 
     and
       Whereas, the Legislature; in its 118th Regular Session 
     since statehood in 1845, does desire to see a convention 
     called under Article V of the Constitution of the United 
     States with the sole agenda of proposing an amendment to the 
     Constitution of the United States on the subject of 
     congressional term limits as specified in this memorial. Now, 
     therefore, be it
       Resolved by the Legislature of the State of Florida:
       (1) That the Legislature of the State of Florida does 
     hereby make application to Congress, pursuant to Article V of 
     the Constitution of the United States, to call an Article V 
     convention with the sole agenda of proposing an amendment to 
     the Constitution of the United States to set a limit on the 
     number of terms that a person may be elected as a member of 
     the United States House of Representatives and to set a limit 
     on the number of terms that a person may be elected as a 
     member of the United States Senate.
       (2) That this application does not revoke or supersede 
     Senate Memorial 476 as passed by the 2014 Florida 
     Legislature, but constitutes a separate, independent 
     application addressing congressional term limits as specified 
     in this application.
       (3) That this application is revoked and withdrawn, 
     nullified, and superseded to the same effect as if it had 
     never been passed, and retroactive to the date of passage, if 
     it is used for the purpose of calling a convention or used in 
     support of conducting a convention to amend the Constitution 
     of the United States with any agenda other than to set a 
     limit on the number of terms that a person may be elected as 
     a member of the United States House of Representatives and to 
     set a limit on the number of terms that a person may be 
     elected as a member of the United States Senate.
       (4) That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States until the legislatures of at least two-
     thirds of the several states have made application on the 
     subject of congressional term limits as specified in this 
     application.
       (5) That this application be aggregated with the 
     applications from other states on the same subject for the 
     purpose of attaining the two-thirds majority needed to 
     require Congress to call a limited Article V convention as 
     specified in this application, but not be aggregated with any 
     other applications on any other subject; and be it further
       Resolved, That copies of this application be dispatched to 
     the President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, to each member of the Florida 
     delegation to the United States Congress, and to the 
     presiding officer of each house of the legislature of each 
     state.
                                  ____

       POM-7. A resolution adopted by the Mayor and Board of 
     Aldermen of the Town of Boonton, New Jersey, expressing 
     condemnation of publications and distribution of any and all 
     images that purport to glorify or justify violence against 
     law enforcement officers; to the Committee on the Judiciary.
       POM-8. A resolution adopted by the Town Board of the 
     Charter Township of Waterford, Michigan, relative to the 
     Refugee Resettlement Program; to the Committee on the 
     Judiciary.

                          ____________________