[Congressional Record Volume 164, Number 141 (Thursday, August 23, 2018)]
[Senate]
[Pages S5916-S5930]
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-288. A communication from the Legislative Assembly of 
     the Commonwealth of Puerto Rico memorializing its intent to 
     not adopt the recommendations made by the Financial Oversight 
     Management Board (FOMB); to the Committee on Energy and 
     Natural Resources.

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       POM-289. A resolution adopted by the Senate of the State of 
     Hawaii memorializing its support of the participation of 
     Taiwan as an observer in the United Nations Framework 
     Convention on Climate Change, International Civil Aviation 
     Organization, World Health Organization, and International 
     Criminal Police Organization; encouraging a U.S.-Taiwan 
     bilateral trade agreement; and celebrating the State of 
     Hawaii's twenty-fifth anniversary of sister-state relations 
     with Taiwan; to the Committee on Foreign Relations.

                        Senate Resolution No. 37

       Whereas, as a global citizen, Taiwan upholds the universal 
     values of peace, freedom, democracy, and human rights; and
       Whereas, Taiwan is a committed provider of humanitarian 
     aid; from malaria prevention programs in Africa, to 
     agricultural projects in Latin America and the Caribbean; 
     from medical missions in the South Pacific, to disaster 
     relief in Asia; these are a few examples of how Taiwan has 
     consistently strived to make a real difference throughout the 
     world; and
       Whereas, for years, Taiwan has actively engaged in climate 
     change research, supported anti-terrorism cooperation, and 
     worked with its partners to tackle transnational crime; and
       Whereas, through its participation in its annual World 
     Health Assembly since April of 2009, Taiwan has shared its 
     renowned expertise in disease control and prevention; and
       Whereas, Taiwan's meaningful participation in international 
     bodies such as the World Health Organization, International 
     Criminal Police Organization, United Nations Framework 
     Convention on Climate Change, and International Civil 
     Aviation Organization would make international mechanisms 
     truly global; and
       Whereas, Hawaii has a strong cultural, historical, and 
     economic relationship with Taiwan since sister-state 
     relations were established on December 19, 1993, and the 
     bonds of true friendship and a steadfast trade partnership 
     have strengthened over the past twenty-five years; and
       Whereas, Taiwan is the tenth largest trading partner of the 
     United States with more than $65,000,000,000 in goods traded 
     between the United States and Taiwan in 2016, and the United 
     States is the leading country for foreign direct investment 
     in Taiwan; and
       Whereas, the deep economic relationship between the United 
     States and Taiwan has created hundreds of thousands of jobs 
     in the United States that rely on exports to Taiwan; now, 
     therefore, be it
       Resolved, By the Senate of the Twenty-ninth Legislature of 
     the State of Hawaii, Regular Session of 2018, that this body 
     joins the United States in endorsing the participation of 
     Taiwan as an observer in the United Nations Framework 
     Convention on Climate Change, International Civil Aviation 
     Organization, World Health Organization, and International 
     Criminal Police Organization; and
       Resolved, That this body also joins the United States House 
     of Representatives in encouraging the United States Trade 
     Representative to commence negotiations to enter into a 
     bilateral trade agreement with Taiwan; and
       Resolved, That this body supports the State of Hawaii's 
     twenty-fifth anniversary of sister-state relations with 
     Taiwan; and
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States; President 
     Pro Tempore of the United States Senate; Speaker of the 
     United States House of Representatives; United States 
     Secretary of State; members of Hawaii's congressional 
     delegation; Governor; and Director of Business, Economic 
     Development, and Tourism.
                                  ____

       POM-290. A resolution adopted by the Senate of the State of 
     Hawaii urging the United States Congress to make permanent 
     the authority of the Native Hawaiian Health Care Improvement 
     Act, with all the funding resources necessary to effect this 
     policy; to the Committee on Indian Affairs.

                        Senate Resolution No. 44

       Whereas, the Native Hawaiian Health Care Improvement Act, 
     originally enacted as the Native Hawaiian Health Care Act of 
     1988, and codified under title 42 United States Code chapter 
     122, states in section 11701 in pertinent part:
       ``(17) The authority of the Congress under the United 
     States Constitution to legislate in matters affecting the 
     aboriginal or indigenous peoples of the United States 
     includes the authority to legislate in matters affecting the 
     native peoples of Alaska and Hawaii.
       (18) In furtherance of the trust responsibility for the 
     betterment of the conditions of Native Hawaiians, the United 
     States has established a program for the provision of 
     comprehensive health promotion and disease prevention 
     services to maintain and improve the health status of the 
     Hawaiian people.''; and
       Whereas, title 42 United States Code section 11702 states, 
     in pertinent part, as follows:
       ``The Congress hereby declares that it is the policy of the 
     United States in fulfillment of its special responsibilities 
     and legal obligations to the indigenous people of Hawaii 
     resulting from the unique and historical relationship between 
     the United States and the Government of the indigenous people 
     of Hawaii--
       (1) to raise the health status of Native Hawaiians to the 
     highest possible health level; and
       (2) to provide existing Native Hawaiian health care 
     programs with all resources necessary to effectuate this 
     policy.'' (emphasis added); and
       Whereas, title 42 United States Code section 11705(h) 
     authorizes appropriations necessary for fiscal years 1993 
     through 2019; and
       Whereas, stakeholders face continued uncertainty regarding 
     long-term funding beyond fiscal year 2019; and
       Whereas, according to the United States Census Bureau's 
     report, ``The Native Hawaiian and Other Pacific Islander 
     Population: 2010'', the nation's Native Hawaiian population 
     increased by 31.4 percent between 2000 and 2010 with 
     approximately fifty-five percent of that population living in 
     Hawaii, and the American Community Survey produced an 
     estimate of approximately 568,000 Native Hawaiians nationwide 
     in 2015; and
       Whereas, Act 42, Session Laws of Hawaii 2003, codified as 
     section 10-18, Hawaii Revised Statutes, established the Hui 
     `Imi Advisory Council within the Office of Hawaiian Affairs; 
     and
       Whereas, the Department of Health published a report in 
     2011, entitled ``Chronic Disease Disparities Report 2011: 
     Social Determinants'', which found that chronic diseases--
     such as heart disease, cancer, stroke, diabetes, and chronic 
     lower respiratory diseases are the most prevalent, most 
     disabling, and most costly of all diseases; and
       Whereas, the Department of Native Hawaiian Health of the 
     John A. Burns School of Medicine at the University of Hawaii 
     at Manoa published a report in 2013, entitled ``Assessment 
     and Priorities for Health and Well-Being in Native Hawaiians 
     and other Pacific Peoples'', which found that Hawaii's Native 
     Hawaiian population had a lower life expectancy than other 
     populations and had higher rates of death from heart disease, 
     cancer, stroke, diabetes, and injuries compared to the 
     State's overall population; and half of Native Hawaiian and 
     Pacific Islanders report being obese; and
       Whereas, social determinants of health and other factors 
     contribute to the continued health disparities that affect 
     the Native Hawaiian population; and
       Whereas, while Hawaii and the country in general have made 
     strides toward improving the health of Native Hawaiians, 
     longterm federal funding for necessary health programs and 
     services remains at risk; and
       Whereas, the Indian Health Care Improvement Act is intended 
     to provide descendants of the indigenous people of the 
     continental United States assistance with health services; 
     and
       Whereas, section 16800 of the Indian Health Care 
     Improvement Act (title 25 United States Code chapter 18) 
     provides for permanent funding of the Act beginning in fiscal 
     year 2010 and each fiscal year thereafter, to remain 
     available until expended; and
       Whereas, Native Hawaiians should have the same assurance 
     given to other indigenous people in the United States 
     regarding federal funding for health programs and services: 
     Now, therefore, be it
       Resolved, by the Senate of the Twenty-ninth Legislature of 
     the State of Hawaii, Regular Session of 2018, That the United 
     States Congress is requested to make permanent the authority 
     of the Native Hawaiian Health Care Improvement Act, with all 
     the funding resources necessary to effect this policy; and be 
     it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President Pro Tempore of the United States 
     Senate, Speaker of the House of Representatives of the United 
     States Congress, Majority Leader of the United States Senate, 
     Majority Leader of the United States House of 
     Representatives, members of Hawaii's congressional 
     delegation, United States Secretary of Health and Human 
     Services, Governor of the State of Hawaii, Chairperson of the 
     Board of Trustees of the Office of Hawaiian Affairs, 
     President of the University of Hawaii System, Director of 
     Health, Mayor of each county in the State of Hawaii, 
     President of the Board of Directors of Papa Ola Lokahi, and 
     Executive Director of Papa Ola Lokahi, who in turn is 
     requested to transmit copies of this measure to the Chair of 
     the Board of each Native Hawaiian health care system, as 
     defined in the Native Hawaiian Health Care Improvement Act.
                                  ____

       POM-291. A resolution adopted by the Senate of the State of 
     Hawaii urging the United States Congress to pass legislation 
     to clarify the status of migrants under the Compacts of Free 
     Association for purposes of the Real ID Act of 2005 to 
     promote fairness and equality under the law, and urging the 
     United States Citizenship and Immigration Services to 
     delineate Compact of Free Association status as a specific 
     category in the Systematic Alien Verification for 
     Entitlements System; to the Committee on the Judiciary.

                        Senate Resolution No. 92

       Whereas, the Freely Associated States of the Republic of 
     the Marshall Islands, Federated States of Micronesia, and 
     Republic of Palau consist of a multitude of islands, 
     languages, and cultures throughout the Micronesian regions of 
     the Pacific Ocean; and
       Whereas, the Freely Associated States were formerly the 
     Trust Territory of the Pacific Islands, administered by the 
     United States of America from 1947 to 1986, and, now as 
     sovereign nations, continue to place their trust in the 
     United States through the Compacts of Free Association; and
       Whereas, the Compacts of Free Association between the 
     Freely Associated States and

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     the United States of America recognize the historic 
     sacrifices and contributions made by the citizens of the 
     Freely Associated States for the interests and benefit of the 
     United States of America, including the use of their island 
     atolls for sixty-seven nuclear tests from 1946 to 1958, which 
     subjected the Marshallese people to human radiation 
     experiments without their knowledge or consent, as well as 
     the United States military's occupation of the island atolls 
     to ensure control of the Pacific; and
       Whereas, under the Compacts of Free Association, the United 
     States of America continues to exercise exclusive military 
     jurisdiction over the lands and waters of the Freely 
     Associated States and continues to use the atolls as part of 
     the United States National Missile Defense Program's long-
     range intercontinental ballistic missile defense system; and
       Whereas, decades of administration by the United States 
     have failed to establish economic independence within the 
     Freely Associated States, contributing to a lack of adequate 
     agricultural, educational, and health infrastructure 
     necessary for a self-sufficient society; and
       Whereas, in addition to the aforementioned sacrifices, the 
     sons and daughters of the Freely Associated States continue 
     to lay down their lives in the interest of the United States, 
     representing some of the highest levels of per-capita 
     military personnel recruitment levels for the United States 
     military, compared to any other jurisdiction; and
       Whereas, the people of the Freely Associated States have 
     also contributed greatly to Hawaii's understanding of the 
     common cultural heritage and pride of all Pacific Islanders, 
     such as traditional navigation techniques that were kept 
     alive by the late ``Papa'' Mau Piailug; and
       Whereas, since 1986, citizens of the Federated States of 
     Micronesia and Republic of the Marshall Islands, and since 
     1994, citizens of the Republic of Palau have legally resided 
     in Hawaii under the Compacts of Free Association with the 
     United States of America; and
       Whereas, about eighteen thousand migrants under the 
     Compacts of Free Association live in Hawaii, where they work, 
     attend school, raise families, create businesses, and make 
     other significant contributions; however, they face social 
     and institutional discrimination and are regularly ignored by 
     federal law, which exacerbates their systemic exclusion from 
     fair and equal treatment; and
       Whereas, under the Compacts of Free Association, citizens 
     from these nations may ``establish residence as a 
     nonimmigrant in the United States'' and according to the 
     United States Citizenship and Immigration Services, ``they 
     are granted an unlimited length of stay'' for which they have 
     no ``end of stay'' date listed in the legal documents that 
     establish their legal residency; and
       Whereas, migrants under the Compacts of Free Association 
     typically enter the United States under 1-94 forms with the 
     notation ``D/S'' to indicate that their ``duration of stay'' 
     is unlimited, and they are, according to the United States 
     Citizenship and Immigration Services, ``authorized to remain 
     in the U.S. as long as [they] maintain a valid status''; and
       Whereas, unlike other recipients of the 1-94 form, migrants 
     under the Compacts of Free Association are not required to 
     provide additional documentation to justify their legal 
     presence because they have the right to an unlimited length 
     of stay; and
       Whereas, migrants under the Compacts of Free Association 
     abide by all standard requirements to obtain a driver's 
     license or state identification card in Hawaii, including 
     providing documentation for proof of identity and proof of 
     residency; and
       Whereas, the REAL ID Act of 2005, Pub. L. 109-13, 119 Stat. 
     302 (REAL ID Act), fails to consider individuals' status 
     under the Compacts of Free Association and incorrectly refers 
     to the long-defunct term ``Trust Territory of the Pacific 
     Islands'', and migrant status under the Compacts of Free 
     Association does not readily fit into any of the listed 
     categories of the REAL ID Act; and
       Whereas, because of this technical oversight in the REAL ID 
     Act, migrants under the Compacts of Free Association are 
     often wrongly subjected to an annual driver's license or 
     state identification card renewal requirement that is 
     typically reserved for state residents who are unable to 
     prove their lawful presence; and
       Whereas, the annual driver's license or state 
     identification card renewal requirement is overly burdensome 
     for thousands of valued and productive migrants under the 
     Compacts of Free Association who legally reside in Hawaii and 
     who rely on these forms of identification to obtain and 
     maintain employment, education, housing, health care, and 
     other essential resources; and
       Whereas, the annual driver's license or state 
     identification card renewal requirement for thousands of 
     Hawaii residents wastes already burdened state and county 
     resources during a time when motor vehicle licensing and 
     permitting agencies report triple the number of driver's 
     license renewals every month and renewal appointments that 
     can take as long as one hour to complete; and
       Whereas, the United States Citizenship and Immigration 
     Services has the authority and capability to clarify status 
     under the Compacts of Free Association through the Systematic 
     Alien Verification for Entitlements system, which is the 
     mechanism used to determine legal presence for purposes of 
     the REAL ID Act; and
       Whereas, the United States Citizenship and Immigration 
     Services has clarified other federal procedures to include 
     status under the Compacts of Free Association when such 
     status has been overlooked, including the recently updated 
     guidelines for 1-94 forms published by the agency that 
     defines migrants under the Compacts of Free Association as 
     ``alien[s] authorized to work'' and authorizes a ``D/S'' 
     indicator in lieu of an end-of-stay date; now, therefore, be 
     it
       Resolved, By the Senate of the Twenty-ninth Legislature of 
     the State of Hawaii, Regular Session of 2018, that the United 
     States Congress is urged to pass legislation to clarify the 
     status of migrants under the Compacts of Free Association for 
     purposes of the REAL ID Act of 2005, Pub. L. 109-13, 119 
     Stat. 302, to promote fairness and equality under the law; 
     and be it further
       Resolved, That the United States Citizenship and 
     Immigration Services is urged to delineate Compact of Free 
     Association status as a specific category in the Systematic 
     Alien Verification for Entitlements system and to clarify 
     that the ``unlimited length of stay'' of persons with that 
     status is sufficient for the same renewal period as legal 
     permanent residents and United States citizens for purposes 
     of driver's license and identification renewals, and other 
     entitlements and benefits that may otherwise require an ``end 
     date of stay'' entry; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States, President 
     Pro Tempore of the United States Senate, Majority and 
     Minority Leaders of the United States Senate, Speaker of the 
     United States House of Representatives, Majority and Minority 
     Leaders of the United States House of Representatives, each 
     member of Hawaii's congressional delegation, United States 
     Secretary of the Interior, United States Assistant Secretary 
     for Insular Areas, Director of the United States Citizenship 
     and Immigration Services, Hawaii Field Office Director of the 
     United States Citizenship and Immigration Services, Governor 
     of the State of Hawaii, Attorney General of the State of 
     Hawaii, Director of Transportation, Deputy Director of 
     Highways of the Department of Transportation, mayor of each 
     county, and director of each county department of motor 
     vehicles.

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