[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 27948-27951]
[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-235. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     commending the Florida officials who provided for the 
     installation of guardrails along bodies of water and in 
     roadway medians; to the Committee on Commerce, Science, and 
     Transportation.
       POM-236. A resolution adopted by the Board of County 
     Commissioners for Miami-Dade County of the State of Florida 
     urging

[[Page 27949]]

     the Florida Legislature to designate West Flagler Street from 
     13 Avenue to 14 Avenue as Father Emilio Vallina Avenue; to 
     the Committee on Commerce, Science, and Transportation.
       POM-237. A resolution adopted by the Iberville Parish 
     Council of the State of Louisiana urging Congress to vote in 
     favor of H.R. 1229, the ``Non-Market Economy Trade Remedy Act 
     of 2007''; to the Committee on Finance.
       POM-238. A resolution adopted by the Edina City Council of 
     the State of Minnesota endorsing the United Nations principle 
     of the Responsibility to Protect; to the Committee on Foreign 
     Relations.
       POM-239. A resolution adopted by the Gretna City Council of 
     the State of Louisiana expressing its support for the 
     implementation of legislation that would improve and 
     eliminate barriers contained in the No Child Left Behind Act 
     of 2001; to the Committee on Health, Education, Labor, and 
     Pensions.
       POM-240. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     implement food policies that promote healthy food, farms, and 
     communities by encouraging local production of fruits and 
     vegetables by specialty crop farmers; to the Committee on 
     Agriculture, Nutrition, and Forestry.

                        House Resolution No. 156

       Whereas, the federal Farm Bill traditionally provides crop 
     subsidies to corn, wheat, soybean, and cotton farmers, and 
     less than 40 percent of all United States farmers and 
     ranchers actually receive any kind of subsidy from the 
     federal government. However, there are many different kinds 
     of farmers, both in Michigan and nationwide, growing 
     nutritious and affordable fruits and vegetables that are 
     vital to the health and well-being of Americans. Government 
     support must emphasize nutritious, affordable, and locally 
     available foods; and
       Whereas, the Farm Security and Rural Investment Act of 2002 
     (the 2002 Farm Bill) encourages institutions participating in 
     the school lunch program to purchase locally produced foods 
     for school meals. While the real price of fruits and 
     vegetables has increased by 40 percent since 1985, the cost 
     of junk foods and sodas has declined by as much as 20 
     percent. We need to encourage the choice of fresh fruits and 
     vegetables by purchasing locally grown produce and other 
     foods, thereby supporting local farmers and benefiting 
     students in need of high quality, nutritious food products. 
     However, the USDA continues to discourage efforts by schools 
     and other institutions to develop these important programs. 
     The USDA claims that 7 CFR 3016.60(c) clearly prohibits the 
     use of state or local geographic preferences and that all 
     purchases are to be made competitively; and
       Whereas, the Community Food Projects, a federally funded 
     program designed to fight food insecurity through development 
     of local food projects, promotes self-sufficiency of low-
     income communities. Grants from this program support urban 
     nonprofits and urban residents in growing fresh vegetables in 
     their neighborhoods. Funding is also used to provide 
     entrepreneurship training to urban farmers, again encouraging 
     local specialty crop farmers in Michigan. However, 
     maintaining current funding for the Community Food Projects 
     is important to promoting healthy, locally grown foods in 
     low-income communities; and
       Whereas, the emphasis on traditional crops in the 
     allocation of farm subsidies has resulted in a loss of fruit 
     and vegetable farmers as well as a decrease in the acreage of 
     specialty crop farmland used for farming nationwide. At the 
     current rate, Michigan will lose 15 percent of its 
     agricultural land by 2040, including 25 percent of the 
     acreage used to grow fruit and 36 percent of the acreage used 
     to grow dry beans. The Michigan House of Representatives 
     supports the federal government encouraging and providing 
     programs and assistance to farm operations that grow fruits 
     and vegetables including but not limited to asparagus, 
     cherries, apples, carrots, beets, lettuce, celery, squash, 
     potatoes, peppers, pumpkins etc: Now, therefore, be it
       Resolved by the House of Representatives, That we encourage 
     Congress and the United States Department of Agriculture to 
     implement food policies that promote healthy food, farms, and 
     communities by encouraging local production of fruits and 
     vegetables by specialty crop farmers; 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, the Secretary of the 
     United States Department of Agriculture, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-241. A resolution adopted by the California State Lands 
     Commission expressing its support for legislation which would 
     reduce pollution from marine vessels that use the nation's 
     ports; to the Committee on Environment and Public Works.

                               Resolution

       Whereas, California's 1,100 mile coastline, with its 
     beautiful beaches, wild cliffs, abundant fish stocks and 
     fragile environment is a national treasure and a valuable 
     state resource, which is at the heart of a tourist industry 
     that generates nearly five billion dollars in state and local 
     taxes each year; and is central to the state's $46 billion 
     ocean economy; and
       Whereas, the California State Lands Commission has 
     jurisdiction over the state-owned tide and submerged lands 
     below the mean high tide line out to three miles from the 
     coast as well as the lands underlying California's bays, 
     lakes, and rivers; and
       Whereas, the Commission is charged with managing these 
     lands pursuant to the Public Trust Doctrine, common law that 
     requires these lands to be used for commerce, fishing, 
     navigation, recreation, and environmental protection; and
       Whereas, the impacts of air pollution affect the public 
     trust values of the lands under the Commission's jurisdiction 
     and the utility of these lands to the public, future 
     generations, and the environment; and
       Whereas, most commercial goods imported to the United 
     States come through our nation's ports by means of marine 
     vessels; and
       Whereas, California is home to the busiest ports in the 
     nation, with large volumes of international goods entering 
     through the Ports of Los Angeles, Long Beach, and Oakland, 
     which rank as the first, second, and fourth busiest ports in 
     the country, respectively; and
       Whereas, in 2004, 1,900 ships visited California's ports, 
     87% of which were foreign vessels, and it is estimated that 
     freight volume will more than double in the Los Angeles 
     region over the next 20 years; and
       Whereas, marine vessels at California's ports emit large 
     amounts of diesel particulate matter (PM), nitrogen oxides 
     (NOx), and sulfur oxides (SOx), and
       Whereas, most marine vessels use high emitting diesel 
     bunker fuel, a low quality petroleum, high in sulfur, that is 
     capable of producing approximately 50 times more haze-forming 
     pollutants than the dirtiest trucks on our nation's highways; 
     and
       Whereas, bunker fuel used by marine vessels contains, on 
     average, 27,000 parts per million (ppm) of sulfur, compared 
     to the 15 ppm of sulfur allowed in diesel fuel used by heavy-
     duty trucks in the U.S.; and
       Whereas, the pollutants emitted from burning bunker fuel 
     cause environmental problems such as smog, soot, acid rain 
     and global climate change, as well as damaging health effects 
     such as asthma and cancer--as reported by the California Air 
     Resource Board's Emission Reduction Plan for Ports and Goods 
     Movement, air pollution from California's ports is the cause 
     of 750 premature deaths each year; and
       Whereas, in 2006, Maersk, Inc., which operates the largest 
     container terminal in the Los Angeles harbor, voluntarily 
     switched all 37 of its cargo ships to low-sulfur fuel, 
     proving that it is feasible for marine vessels to use 
     environmentally safer fuels, and
       Whereas, the U.S. Environmental Protection Agency (EPA) 
     announced a delay until December 2009 to adopt new emission 
     and fuel regulations for big ocean ship propulsion engines 
     and there is no assurance that the rules will be adopted by 
     then or that they will be strict enough to significantly 
     reduce air pollution; and
       Whereas, the United Nations International Maritime 
     Organization has before it a proposal, supported by the EPA, 
     World Shipping Council, Pacific Maritime Shipping 
     Association, and U.S. Coast Guard, to develop, among other 
     things, stringent new standards on sulfur content in fuel 
     used by marine vessels; however, it is uncertain if enough 
     nations will support this proposal; and
       Whereas, the Marine Vessel Emissions Reduction Act bill, 
     introduced by Senators Boxer and Feinstein through S. 1499, 
     and Congresswoman Solis through H.R. 2548, seeks to regulate 
     the emissions of domestic and foreign-flagged marine vessels 
     entering or leaving U.S. ports or offshore terminals; and
       Whereas, specifically, the Marine Vessel Emissions 
     Reduction Act, if passed, will mandate the EPA to set limits 
     on the sulfur content of fuel used by these vessels, if they 
     are within a certain distance from the coast (for the west 
     coast, it is 200 miles), to no more than 1,000 ppm beginning 
     December 31,2010, unless the EPA determines that such a limit 
     is not technically feasible, in which case there will be an 
     interim limit of 2,000 ppm; and
       Whereas, the Marine Vessel Emissions Reduction Act, if 
     passed, will also mandate the EPA to establish standards for 
     new and in-use engines in marine vessels that will require 
     the maximum degree of emission reduction for PM, NOx, 
     hydrocarbons, and carbon monoxide achievable by no later than 
     January 1, 2012; therefore, be it
       Resolved by the California State Lands Commission, that it 
     supports the Marine Vessel Emissions Reduction Act (S. 1499 
     and H.R. 2548), which would reduce the emissions of air 
     pollutants from marine vessels, including foreign-flagged 
     vessels, entering or leaving U.S. ports or offshore 
     terminals; and be it further
       Resolved, That the Commission's Executive Officer transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Governor of California, to the 
     Majority and Minority Leaders of the

[[Page 27950]]

     United States Senate, to the Speaker and Minority Leader of 
     the United States House of Representatives, to the Chairs and 
     Ranking Minority Members of the Senate Committee on 
     Environment and Public Works, the House Committee on Energy 
     and Commerce, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-242. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     address the recent approval of increased pollution by British 
     Petroleum into the Great Lakes; to the Committee on 
     Environment and Public Works.

                        House Resolution No. 172

       Whereas, Lake Michigan is a national treasure and a vital 
     natural resource shared by four states in trust for the 
     entire nation. Lake Michigan is a drinking water source for 
     millions of people and a recreational haven for swimming, 
     fishing, and boating in all the states. Tourism and 
     recreation based around Lake Michigan are worth billions of 
     dollars each year to these states' economies; and
       Whereas, Michigan and the other states bordering Lake 
     Michigan rely on the federal Clean Water Act to limit 
     polluted discharges originating from other states. Pollution 
     originating from any state can negatively affect the public 
     health and economy of the other states that use Lake Michigan 
     water. Improving and preserving Lake Michigan's water quality 
     are imperative to support the many uses of its water; and
       Whereas, despite provisions in the federal Clean Water Act 
     that prohibit degradation of water quality, the Indiana 
     Department of Environmental Management approved, and the 
     United States Environmental Protection Agency concurred with, 
     a permit that allows the British Petroleum (BP) refinery in 
     Whiting, Indiana, to increase significantly the dumping of 
     industrial pollutants into Lake Michigan. These discharges 
     threaten other uses of Lake Michigan water and are 
     inconsistent with regional efforts to clean up the Great 
     Lakes; and
       Whereas, this decision sets a poor precedent for the 
     future. States could approve increased pollution discharges 
     to interstate waters for industries that economically benefit 
     that state at the expense of other states that rely on that 
     water: Now, therefore, be it
       Resolved by the House of Representatives, That we urge the 
     Congress of the United States and the United States 
     Environmental Protection Agency to address the recent 
     approval of increased pollution by British Petroleum into the 
     Great Lakes; 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, the members of the 
     Michigan congressional delegation, and the Administrator of 
     the United States Environmental Protection Agency.
                                  ____

       POM-243. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     enact H.R. 2927, which responsibly balances achievable fuel 
     economy increases with important economic and social 
     concerns; to the Committee on Environment and Public Works.

                        House Resolution No. 165

       Whereas, H.R. 2927 sets tough fuel economy standards 
     without off ramps or loopholes, by requiring separate car and 
     truck standards to meet a total fleet fuel economy between 32 
     and 35 mpg by 2022--an increase of as much as 40 percent over 
     current fuel economy standards--and requires vehicle fuel 
     economy to be increased to the maximum feasible level in the 
     years leading up to 2022; and
       Whereas, H.R. 2927, while challenging, will provide 
     automakers more reasonable lead time to implement technology 
     changes in both the near and long term. Model year 2008 
     vehicles are already available today, and product and 
     manufacturing planning is done through Model Year 2012. H.R. 
     2927 recognizes the critical need for engineering lead times 
     necessary for manufacturers to make significant changes to 
     their fleets; and
       Whereas, H.R. 2927 respects consumer choice by protecting 
     the important functional differences between passenger cars 
     and light trucks/SUVs. Last year, 2006, was the sixth year in 
     a row that Americans bought more trucks, minivans, and SUVs 
     than passenger cars, because they value attributes such as 
     passenger and cargo load capacity, four-wheel drive, and 
     towing capability that most cars are not designed to provide; 
     and
       Whereas, while some would like fuel economy increases to be 
     much more aggressive and be implemented with much less lead 
     time, Corporate Average Fuel Economy (CAFE) standards must be 
     set at levels and in time frames that do not impose economic 
     harm on the manufacturers, suppliers, dealers, and others in 
     the auto industry; and
       Whereas, proponents of unrealistic and unattainable CAFE 
     standards cite Europe's 35 mpg fuel economy, without ever 
     mentioning Europe's $6 per gallon gasoline prices, the high 
     sales of diesel vehicles, the high proportion of Europeans 
     driving manual transmission vehicles (80 percent in Europe 
     vs. 8 percent in the U.S.), the significant differences in 
     the size mix of vehicles, or that trucks and SUVs are 
     virtually nonexistent among Europe households; and
       Whereas, proponents of unreasonable CAFE standards claim 
     they will save consumers billions, but they neglect to talk 
     about the upfront costs of such changes to the manufacturers 
     of meeting unduly strict CAFE standards--more than $100 
     billion, according to the National Highway Traffic Safety 
     Administration--which will lead to vehicle price increases of 
     several thousand dollars; and
       Whereas, proponents of unrealistic CAFE standards ignore 
     the potential safety impacts of downsized vehicles on 
     America's highways and overlook the historical role and 
     critical importance of manufacturing plants to our national 
     and economic security. They seem unconcerned about threats to 
     the 7.5 million jobs that are directly and indirectly 
     dependent on a vibrant auto industry in the United States. 
     They also seem unconcerned about maintaining CAFE rules that 
     require the continuance of small car production in the United 
     States; and
       Whereas, H.R. 2927 is a reasonable bill that balances a 
     number of important public policy concerns. The bill 
     represents a tough but fair compromise that deserves serious 
     consideration and support: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the United States Congress to enact H.R. 2927, 
     which responsibly balances achievable fuel economy increases 
     with important economic and social concerns, including 
     consumer demand; 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-244. A resolution adopted by the Senate of the State of 
     Michigan urging Congress to extend the H2B returning worker 
     exemption permanently; to the Committee on the Judiciary.

                        Senate Resolution No. 96

       Whereas, seasonal workers are a key component of our 
     state's and our nation's tourism and recreation industries. 
     Annually, thousands of young men and women use seasonal 
     employment to begin their journey on the path to a career. 
     Many tourism areas, however, do not have the populations 
     necessary to fill all the seasonal jobs available. In 
     Michigan, for example, world-renowned Mackinac Island hires 
     up to 4,500 seasonal workers each year. Its 500 year-around 
     residents cannot begin to supply the workforce necessary for 
     peak-season employment levels; and
       Whereas, foreign workers supplement the seasonal staff 
     needs in a host of our tourism and recreation destinations. 
     Many of these employees are in our country under the H2B visa 
     program; and
       Whereas, all workers under the H2B visa program are here 
     legally, are tracked by the federal government to ensure they 
     are doing the work their visa is intended for, and are paid 
     under federally prescribed wage scales; and
       Whereas, Congress took action to help alleviate problems 
     with the H2B visa program by capping the number of visas 
     available at 66,000, but also exempting workers who already 
     held an H2B visa. This action ensures that there is enough of 
     a workforce available for those industries that depend on 
     seasonal workers; and
       Whereas, there is a sunset in the law on the federal level 
     that would remove the returning worker exemption. As of 
     September 30, 2007, every returning worker will again be 
     considered a new worker and be forced to apply under the 
     66,000 visa limit. This cap had been reached for each of the 
     previous few years before Congress took action, just as the 
     national economy has surged and more and more people are 
     traveling. The cap also distorted hiring patterns across the 
     nation, as employers are forced to put on workers far beyond 
     service needs to help assure that they will have the 
     employees they need when their season begins; and
       Whereas, legislation has been introduced in Congress to 
     revise the H2B visa program. The measure would extend the H2B 
     returning worker exemption by removing the sunset language 
     from current law. Clearly, this is an issue that needs prompt 
     action: Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to continue exempting returning workers 
     allowed into this country under the H2B visa program by 
     passing H.R. 1843; 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 Michigan 
     congressional delegation.
                                  ____

       POM-245. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     continue exempting returning workers from the cap on H2B 
     visas; to the Committee on the Judiciary.

                        House Resolution No. 183

       Whereas, seasonal workers are an essential component of the 
     tourism and recreational

[[Page 27951]]

     industries of our state and nation. Even though thousands of 
     young people use seasonal employment to begin their journey 
     on the path to a career, many tourism areas do not have the 
     populations necessary to fill all the seasonal jobs 
     available. In Michigan, for example, Mackinac Island hires up 
     to 4,500 seasonal workers each year. The island's 500 year-
     round residents cannot supply the workforce necessary for 
     peak season employment levels; and
       Whereas, foreign workers supplement the seasonal staff 
     needs in a host of our tourism and recreation destinations. 
     Many of these employees are in our country under the H2B visa 
     program; and
       Whereas, all workers under the H2B visa program are here 
     legally, are tracked by the federal government to ensure they 
     are doing the work prescribed under their visa, and are paid 
     under federally prescribed wage scales; and
       Whereas, according to the Michigan Travel Commission, the 
     travel and tourism industry is a $17.5 billion industry in 
     the state of Michigan, contributing $971 million annually to 
     the state treasury. This industry is dependent upon seasonal 
     workers in order to do business; and
       Whereas, recently, the Congress of the United States took 
     action to help alleviate problems with the H2B visa program 
     by capping the number of visas available at 66,000 but also 
     exempting workers who already have H2B visas. This action 
     ensured that there is enough of a workforce available for 
     those industries that depend on seasonal workers; and
       Whereas, currently, there is a sunset in the law at the 
     federal level that would remove the returning worker 
     exemption. As of September 30, 2007, every returning worker 
     would again be considered a new worker and be forced to apply 
     under the 66,000 visa limit. This cap had been reached for 
     each of the previous few years before Congress took action, 
     just as the national economy has surged and more and more 
     people are traveling. This cap also distorted hiring patterns 
     across the nation, as employers are forced to put on workers 
     far beyond service needs to help assure that they will have 
     the employees they need when their season begins; and
       Whereas, legislation has been introduced in the Congress of 
     the United States to revise the H2B visa program. The measure 
     would extend the H2B returning worker exemption by removing 
     the sunset language from current law. Clearly, this is an 
     issue that needs prompt action: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to continue 
     exempting returning workers from the cap on H2B visas; 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-246. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     reestablish medical care for certain veterans whose income 
     and disability status disqualified them for medical care as 
     of January 17, 2003; to the Committee on Veterans' Affairs.

                        House Resolution No. 175

       Whereas, we have been at war for nearly six years since the 
     September 11th terrorist attacks on our soil. During this 
     time, American military personnel have served around the 
     world in combat. The wounds and illnesses that they may 
     endure as the result of this service in our defense could 
     affect them for a lifetime. It is our responsibility as a 
     nation to honor their service and sacrifice by doing all we 
     can to restore their health and opportunities in civilian 
     life; and
       Whereas, beginning January 17, 2003, veterans with income 
     above certain levels and who have no service-connected 
     disability have been ineligible for Department of Veterans 
     Affairs (VA) medical care. These Priority 8 category veterans 
     may lack other sources of health care, and so ineligibility 
     for VA health care could be a threat to their long-term 
     health. Even veterans without evident war-related injuries or 
     illnesses could have hidden health issues that can evolve 
     into serious problems. Infections or viruses from serving in 
     foreign lands might not reveal themselves until later in 
     life. In addition, veterans with combat wounds such as 
     traumatic brain injury (TSI) from blast effects or post-
     traumatic stress disorder (PTSD) may not display symptoms for 
     years. Without early access to the VA healthcare system, 
     veterans may not have the benefits of medical monitoring and 
     early intervention in developing health issues; and
       Whereas, Congress has before it two bills that would 
     restore VA eligibility to these Priority 8 veterans under 
     current standards with income levels too high and no service-
     connected disability. In the House of Representatives, HR 463 
     would restore this eligibility, while in the Senate, S 1147 
     has been introduced. We owe it to our veterans to act on this 
     legislation to ensure that any long-term problems that may 
     not be currently evident can be identified and treated in a 
     timely manner. Providing quality health care is part of our 
     duty as a nation to our veterans, and there is no excuse for 
     failing to right this mistake: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the United States Congress to reestablish medical 
     care for certain veterans whose income and disability status 
     disqualified them for Department of Veterans Affairs medical 
     care as of January 17, 2003; 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.

                          ____________________