[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 6490-6492]
[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-303. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to require restaurants to post 
     nutrition information; to the Committee on Agriculture, 
     Nutrition, and Forestry.
                                  ____

       POM-304. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Public Service Commission to adopt final 
     rules that will encourage the use of consumer-owned solar and 
     other renewable energy systems; to the Committee on 
     Agriculture, Nutrition, and Forestry.
                                  ____

       POM-305. A letter from a private citizen relative to the 
     use of funds over the next 20 years; to the Committee on 
     Armed Services.
                                  ____

       POM-306. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to sign into law legislation 
     reinstating a property tax exemption for solar energy 
     systems; to the Committee on Energy and Natural Resources.
                                  ____

       POM-307. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to provide matching funds for 
     solar and other energy saving water heater installations for 
     low-income homeowners; to the Committee on Energy and Natural 
     Resources.
                                  ____

       POM-308. A collection of petitions forwarded by the Benefit 
     Security Coalition relative to establishing a more equitable 
     method of computing cost of living adjustments

[[Page 6491]]

     for Social Security benefits; to the Committee on Finance.
                                  ____

       POM-309. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to strengthen hate crime laws; 
     to the Committee on the Judiciary.
                                  ____

       POM-310. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     pass the Foreclosure Prevention Act of 2008; to the Committee 
     on Banking, Housing, and Urban Affair.

                        House Resolution No. 306

       Whereas, the cascading impact of houses that are lost to 
     foreclosure for failure to pay the mortgage is becoming 
     increasingly evident in many locations. The impact of the 
     foreclosures over the past year is so great that it is 
     estimated by some that as many as one homeowner in ten now 
     owes more on their house's mortgage than the house is worth. 
     All homes, even those without a mortgage, lose value quickly 
     as houses stand empty. For many neighborhoods, the prospect 
     of vacancy is accompanied by justifiable concerns over 
     safety; and
       Whereas, Congress is considering the Foreclosure Prevention 
     Act of 2008 as a means of bringing a swift response to 
     reverse the destructive trend of people walking away from 
     homes because of loans they cannot possibly pay. This 
     legislation offers a range of provisions, including 
     allocations for foreclosure prevention counseling, expanding 
     the capacity of governmental entities to redevelop 
     properties, allowing housing finance agencies to help home 
     buyers and issue refinancing bonds for owners with subprime 
     loans, and empowering bankruptcy judges to change the terms 
     of loans facing foreclosure. The bankruptcy adjustment 
     provision would be consistent with the power bankruptcy 
     judges already have for other kinds of debts, including those 
     for vacation homes and rental properties; and
       Whereas, clearly, the severity of the mortgage foreclosure 
     crisis demands vigorous and swift action. Less comprehensive 
     approaches and voluntary programs alone are not enough: Now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States pass and the 
     President to sign the Foreclosure Prevention Act of 2008; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the Office of the President of the United States, the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation. Adopted by the House 
     of Representatives, March 20, 2008.
                                  ____

       POM-311. A resolution adopted by the House of 
     Representatives of the State of Kentucky urging Congress to 
     act swiftly to renew the exemption of the Delta Queen from 
     the Safety of Life at Sea Act of 1966; to the Committee on 
     Commerce, Science, and Transportation.

                        House Resolution No. 109

       A Resolution urging the United States Congress to act 
     swiftly to renew the exemption of the Delta Queen from the 
     Safety of Life at Sea Act of 1966.
       Whereas, the Delta Queen is an integral part of the culture 
     and character of the Ohio River valley; and
       Whereas, the Delta Queen has made a lasting impression as a 
     beloved part of the past in the hearts of passengers and crew 
     members; and
       Whereas, the Delta Queen is a part of the National Register 
     of Historic Places, a National Historic Landmark, and a jewel 
     of the United States's inland navigable water system; and
       Whereas, the Delta Queen is the last of its kind, a 
     sternwheel overnight passenger steamboat like those that 
     contributed to this nation's westward expansion; and
       Whereas, the Delta Queen has been and continues to be a 
     safe and reliable vessel; and
       Whereas, the Delta Queen was constructed in 1926 to operate 
     as a passenger vessel in northern California, during World 
     War II was used in the United States Navy as a ferry for 
     wounded being treated in San Francisco; and
       Whereas, after being purchased in 1946 by Greene Line 
     Steamers of Cincinnati, Ohio, the Delta Queen was carried 
     from California, to and along the Mississippi and Ohio 
     Rivers, to Pittsburgh, Pennsylvania for refurbishment in 
     order to carry passengers on the nation's inland navigable 
     water system; and
       Whereas, the Safety of Life at Sea Act of 1966 (P.L. 89-
     777) mandates that all passenger vessels having berth or 
     stateroom accommodations for 50 or more passengers obey 
     safety requirements, particularly fire safety requirements; 
     and
       Whereas, after this act was passed, the wooden construct of 
     the Delta Queen was treated with fire resistant materials and 
     a modern sprinkler system, thereby making this vessel 
     considerably more fire resistant; and
       Whereas, the Delta Queen has historically been exempted 
     from the Safety of Life at Sea Act; and
       Whereas, the Delta Queen's safety records do not indicate 
     that she is any less safe today then at any point since the 
     passage of the act in 1966; and
       Whereas, the current exemption for the Delta Queen is to 
     expire in 2008, and the United States Congress has not acted 
     to grant another exemption for the Delta Queen to allow her 
     to continue operating: Now therefore, be it
       Resolved by the House of Representatives of the General 
     Assembly of the Commonwealth of Kentucky:
       Section 1. The House of Representatives of the Commonwealth 
     of Kentucky hereby urges the United States Congress to act 
     swiftly to continue the exemption of the Delta Queen from the 
     Safety of Life at Sea Act of 1966.
       Section 2. The Clerk of the House of Representatives shall 
     forward a copy of this Resolution to the Clerk of the United 
     States Senate, the Clerk of the United States House of 
     Representatives, and all of the members of Kentucky's 
     Congressional Delegation.
                                  ____

       POM-312. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to review and consider 
     eliminating provisions of federal law which reduce Social 
     Security benefits for those receiving the benefits from 
     government retirement or pension plans; to the Committee on 
     Finance.

                   Senate Concurrent Resolution No. 3

       To memorialize the Congress of the United States to review 
     and consider eliminating provisions of federal law which 
     reduce Social Security benefits for those receiving pension 
     benefits from federal, state, or local government retirement 
     or pension systems, plans, or funds.
       Whereas, the Congress of the United States has enacted both 
     the Government Pension Offset (GPO), reducing the spousal and 
     survivor Social Security benefit, and the Windfall 
     Elimination Provision (WEP), reducing the earned Social 
     Security benefit for any person who also receives a federal, 
     state, or local retirement or pension benefit; and
       Whereas, the intent of Congress in enacting the GPO and the 
     WEP provisions was to address concerns that a public employee 
     who had worked primarily in federal, state, or local 
     government employment might receive a public pension in 
     addition to the same Social Security benefit as a person who 
     had worked only in employment covered by Social Security 
     throughout his career; and
       Whereas, the purpose of Congress in enacting these 
     reduction provisions was to provide a disincentive for public 
     employees to receive two pensions; and
       Whereas, the GPO negatively affects a spouse or survivor 
     receiving a federal, state, or local government retirement or 
     pension benefit who would also be entitled to a Social 
     Security benefit earned by a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     Social Security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement or pension 
     benefit received by the spouse or survivor, in many cases 
     completely eliminating the Social Security benefit; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement or pension 
     benefits, in addition to working in employment covered under 
     Social Security and paying into the Social Security system; 
     and
       Whereas, the WEP reduces the earned Social Security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce Social Security benefits for affected persons by as 
     much as one-half of the retirement benefit earned as a public 
     servant in employment not covered under Social Security; and
       Whereas, because of these calculation characteristics, the 
     GPO and the WEP have a disproportionately negative effect on 
     employees working in lower-wage government jobs, like 
     policemen, firefighters, teachers, and state employees; and
       Whereas, because the Social Security benefit statements do 
     not calculate the GPO and the WEP, many public employees in 
     Louisiana are unaware that their expected Social Security 
     benefits shown on such statements will be significantly lower 
     or nonexistent due to the service in public employment 
     through which they are required to be members of a Louisiana 
     public retirement or pension system, plan, or fund; and
       Whereas, these provisions also have a greater adverse 
     effect on women than on men because of the gender differences 
     in salary that continue to plague our nation and the longer 
     life expectancy of women; and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of her citizens and to encourage them to live 
     here lifelong: Now therefore, be it
       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to review the 
     GPO and the WEP Social Security benefit reductions and to 
     consider eliminating or reducing them; 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.

[[Page 6492]]

     
                                  ____
       POM-313. A joint resolution adopted by the Legislature of 
     the State of Washington urging support for Taiwan's 
     participation in the World Health Organization; to the 
     Committee on Foreign Relations.

                       Senate Joint Memorial 8028

       To The Honorable George W. Bush, President of the United 
     States, and to the President of the Senate and the Speaker of 
     the House of Representatives, and to the Senate and House of 
     Representatives of the United States, in Congress Assembled, 
     and to the United States Secretary of State, and to the 
     United States Secretary of Health and Human Services, and to 
     the United States Representative to the World Health 
     Assembly, and to the Director-General of the World Health 
     Organization, and to the representative of the Taipei 
     Economic and Cultural Representative Office in the United 
     States:
       We, your Memorialists, the Senate and House of 
     Representatives of the State of Washington, in legislative 
     session assembled, respectfully represent and petition as 
     follows:
       Whereas, Direct and unobstructed participation in 
     international health cooperation forums and programs is 
     crucial for all parts of the world, especially with today's 
     greater potential for the cross-border spread of various 
     infectious diseases such as AIDS; and
       Whereas, Taiwan's achievements in the field of health care 
     are substantial, including life expectancy levels that are 
     some of the highest in Asia, maternal and infant mortality 
     rates that are comparable to those of western countries, free 
     hepatitis B vaccinations for children and the eradication of 
     polio, cholera, smallpox, and the plague; and
       Whereas, The Centers for Disease Control and Prevention and 
     its Taiwanese counterpart have enjoyed close collaboration on 
     a wide range of public health issues; and
       Whereas, In recent years Taiwan has expressed a willingness 
     to assist financially and technically the international aid 
     and health activities supported by the World Health 
     Organization; and
       Whereas, Taiwan's population of 23 million is larger than 
     that of 75 percent of World Health Organization member 
     states; and
       Whereas, The United States, in its 1994 Taiwan Policy 
     Review, declared its intention to support Taiwan's 
     participation in appropriate international Organizations; and
       Whereas, Taiwan's participation in the World Health 
     Organization could bring many benefits to the state of health 
     not only in Taiwan but also regionally and globally: Now, 
     therefore
       Your Memorialists respectfully pray that Congress support 
     the participation by Taiwan in a meaningful and appropriate 
     way in the World Health Organization: Now, therefore, be it
       Resolved, That copies of this memorial shall be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the United States Secretary of State, the 
     United States Secretary of Health and Human Services, the 
     United States representative to the World Health Assembly, 
     the Director-General of the World Health Organization, the 
     representative of the Taipei Economic and Cultural 
     Representative Office in the United States, the President of 
     the United States Senate, the Speaker of the House of 
     Representatives and each member of Congress from the State of 
     Washington.
                                  ____

       POM-314. A resolution adopted by the Senate of the State of 
     Kansas urging Congress to amend the No Child Left Behind Act; 
     to the Committee on Health, Education, Labor, and Pensions.

                       Senate Resolution No. 1831

       A RESOLUTION urging the Congress of the United States to 
     amend the No Child Left Behind Act so that states will be 
     allowed to continue to work toward the goal of closing the 
     achievement gap without overly prescriptive federal rules, 
     unfunded mandates and the coercion of losing federal funds.
       Whereas, The purpose of the No Child Left Behind Act 
     (NCLB), which was enacted on a bipartisan basis and scheduled 
     to be reauthorized in 2008, is to increase the academic 
     achievement of all students in language arts, mathematics and 
     science, and to close achievement gaps among various 
     subgroups of students; and
       Whereas, The NCLB sets expectations for all students to be 
     100% proficient by school year 2013-2014; however, the 
     specific requirements are unreasonable for students with 
     limited English proficiency and students with disabilities, 
     making it impossible for all schools to comply with the law; 
     and
       Whereas, The NCLB requires highly qualified teachers in 
     core academic areas, which conflicts with the process for 
     certifying special education teachers and overlooks the fact 
     that many categories of teachers, including special education 
     teachers and middle school teachers in small rural schools, 
     often teach several subjects; and
       Whereas, The NCLB coerces participation by placing punitive 
     financial consequences on states refusing to participate; and
       Whereas, The NCLB is an under-funded mandate, with actual 
     funding falling over $70 billion short of the authorized 
     levels, placing the burden on states and school districts to 
     spend their own limited resources to implement the NCLB; and
       Whereas, States should be allowed to use multiple measures 
     of student achievement and school effectiveness in their 
     state accountability plan, and to use a student-growth 
     approach in their state accountability plan; and
       Whereas, States should have the flexibility to allow school 
     districts to design appropriate instructional interventions 
     and incorporate differentiated interventions for any school 
     not making adequate yearly progress so that a school that 
     falls short in only a small number of federal criteria is not 
     treated in the same manner as a school that falls short on 
     all such measures, and to allow a district not making 
     adequate yearly progress to be the supplemental educational 
     services provider; and
       Whereas, States should be given sufficient time for 
     improvement plans to take effect before applying sanctions, 
     and sanctions should not be applied if they undermine 
     existing effective reform efforts, or states should be 
     permitted to replace sanctions that do not have a consistent 
     record of success with interventions that enable schools to 
     make changes that result in improved student achievement; and
       Whereas, States and school districts should have the 
     flexibility to determine the appropriate standards upon which 
     to base assessments for students with disabilities and to 
     utilize the results from assessments based on such standards 
     in calculating adequate yearly progress without arbitrary 
     federal limitation on the use of such assessments; and
       Whereas, States and school districts should have the 
     flexibility to exclude assessment results of newly arrived 
     limited-English proficient students in adequate yearly 
     progress calculations for an appropriate number of years to 
     ensure that such tests are measuring students' academic 
     content knowledge and not just their English-proficiency 
     levels; and
       Whereas, Funding for supplemental educational services and 
     school choice transportation should be funded by the federal 
     government, and not come from diverting up to 20% of school 
     districts Title I funds for such purposes: Now, therefore, be 
     it
       Resolved by the Senate of the State of Kansas: That we 
     memorialize the President and the United States Congress to 
     make a serious commitment to improving the quality of the 
     nation's public schools by substantially increasing funding 
     for the preauthorized version of the No Child Left Behind 
     Act; and be it further
       Resolved, That we urge the Congress of the United States to 
     amend the No Child Left Behind Act so that states will be 
     allowed to continue working toward the goal of closing the 
     achievement gap without overly prescriptive federal rules, 
     under-funded mandates and the coercion of losing federal 
     funds; and be it further
       Resolved: That the Secretary of the Senate provide an 
     enrolled copy of this resolution to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives and to 
     each member of the Kansas Congressional Delegation.

                          ____________________