[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Pages 12708-12722]
[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-90. A joint resolution adopted by the Legislature of 
     the State of Utah urging the United States Congress to pass 
     S. 336 and H.R. 684, the Marketplace Fairness Act; to the 
     Committee on Finance.

                      House Joint Resolution No. 4

       Whereas, the Supreme Court of the United States held in 
     Quill v. North Dakota, 504 U.S. 298 (1992) that the 
     ``dormant'' or ``negative'' Commerce Clause of the 
     Constitution of the United States prohibits a state from 
     requiring a retailer to collect and remit sales tax on sales 
     to consumers in the state unless the retailer has physical 
     presence in the state;
       Whereas, the Supreme Court further held ``that the 
     underlying issue is not only one that Congress may be better 
     qualified to resolve, but also one that Congress has the 
     ultimate power to resolve'';
       Whereas, the sales tax, as applied to consumer purchases, 
     can be a transparent tax levied by state and local 
     governments;
       Whereas, the sales tax is, from the individual consumer's 
     perspective, one of the simplest taxes imposed by state and 
     local governments;
       Whereas, a complex aspect of sales taxation, from the 
     individual consumer's perspective, is the requirement to pay 
     ``use'' tax directly to the state or locality when sales tax 
     is not collected by the retailer;
       Whereas, the electronic commerce industry needs to be left 
     free from government interference, and any argument in favor 
     of taxing sales on the Internet is problematic in light of 
     constitutional provisions regarding interstate commerce and 
     interstate compacts;
       Whereas, because there are over 9,600 state and local 
     taxing jurisdictions in the United States, each with unique 
     and changing definitions, rules, and holidays, the sales tax 
     is, from a remote seller's perspective, one of the most 
     complex and costly taxes imposed by state and local 
     governments;
       Whereas, consumption taxes can be used to achieve 
     competitiveness;
       Whereas, the sales tax has been a stable source of state 
     and local revenue and provides some level of certainty for 
     states and localities;
       Whereas, some proposed federal legislation authorizing 
     states to require all retailers whose sales to consumers in 
     those states exceed a minimum threshold to collect sales 
     taxes has garnered support from some businesses and 
     organizations;
       Whereas, despite the progress states have made in 
     simplifying state sales tax collection for remote sellers, 
     there remain some inequities between the burden of tax 
     collection obligations imposed upon sellers with physical 
     presence and the burdens those same obligations would impose 
     on remote sellers serving consumers in multiple states 
     without physical presence;
       Whereas, any federal legislation should be fair to both in-
     state and remote sellers, whether such legislation requires 
     sales and use taxes to be collected on a point-of-sale or 
     point-of-delivery basis; and
       Whereas, the state of Utah has adopted or supports, and 
     Congress is considering, the following items in federal 
     legislation:
       1. State-provided or state-certified tax collection and 
     remittance software that is simple to implement and maintain, 
     and paid for by states;
       2. Immunity from civil lawsuits for retailers utilizing 
     state-provided or state-certified software in tax collection 
     and remittance;
       3. Tax audit accountability to a single state tax audit 
     authority;
       4. Elimination of interstate tax complexity by streamlining 
     taxable good categories;
       5. Adoption of a meaningful small business exception so 
     that small, remote seller businesses are not adversely 
     affected; and
       6. Fair compensation to the tax-collecting retailer, taking 
     into account such elements as the exchange fees retailers are 
     charged for consumer credit card transactions, which fees 
     apply equally to any state taxes collected on the purchase of 
     goods sold as well as the actual purchase amount;
       Whereas, the Marketplace Fairness Act, currently introduced 
     in the United States Senate as S. 336 and the United States 
     House of Representatives as H.R. 684, helps level the playing 
     field between remote sellers and main street sellers by 
     requiring larger remote sales to collect the same sales and 
     use taxes that the brick and mortar stores in Utah already 
     collect;
       Whereas, in Quill Corp. v. North Dakota (1992), the Supreme 
     Court of the United States indicated that Congress has the 
     ability to resolve this sales tax collection inequity between 
     remote sellers and brick and mortar sellers;
       Whereas, the Marketplace Fairness Act will provide states 
     with the authority to require remote sellers to collect and 
     remit the

[[Page 12709]]

     sales tax due if the state is willing to make significant 
     simplifications for sellers;
       Whereas, Utah has already shown the way by adopting all the 
     simplifications and uniformity standards required in the 
     Streamlined Sales and Use Tax Agreement;
       Whereas, these simplifications, along with the ease of 
     reporting through recent technological advances, have removed 
     the obstacles to remote sellers collecting sales taxes just 
     like any other retailer;
       Whereas, this is evidenced by the fact that over 1,800 
     sellers have voluntarily registered to collect the taxes in 
     the states, including Utah, that have conformed their laws to 
     the requirements of the Streamlined Sales and Use Tax 
     Agreement;
       Whereas, there is an urgent need to pass this long overdue 
     legislation to level the playing field for all retailers;
       Whereas, the legislation is about fairness, simplification, 
     and stemming the erosion of state sales tax systems;
       Whereas, that both houses of Congress have agreed on the 
     approach and legislative language indicates there is a 
     readiness to take this important step to safeguard state 
     sales tax systems;
       Whereas, although purchasers still owe a corresponding use 
     tax on taxable purchases from remote retailers, most 
     individuals are either not aware of this requirement or 
     choose to ignore it;
       Whereas, while the Internet was essentially unknown to 
     consumers in 1992, the loophole identified in the Quill Corp. 
     v. North Dakota decision points out the competitive advantage 
     online and mail order merchants have over traditional brick 
     and mortar stores that are required to collect and remit 
     sales tax from their customers; and
       Whereas, no compelling reason exists for government to 
     continue to give remote sales retailers a competitive 
     advantage over in-state merchants who live and work in a 
     community, hire employees, and pay taxes;
       Whereas, the United States Congress should act now so 
     businesses compete on the basis of price and service, not on 
     the ability of one form or retailer to avoid collecting 
     taxes;
       Whereas, the Marketplace Fairness Act would give states the 
     authority to require remote sellers with more than $1 million 
     in total remote sales in the preceding calendar year to 
     collect their state's sales and use tax on sales to 
     customers; and
       Whereas, the Marketplace Fairness Act identifies minimum 
     simplification requirements a state must enact before it can 
     require remote sellers to collect its sales and use taxes, 
     making it easier for the remote sellers to comply with the 
     laws of multiple states: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     Congress to enact S. 336 and H.R. 684 to authorize states, 
     consistent with this resolution and principles of taxation 
     espoused by national associations of legislators and 
     governors, and subject to the enactment of any necessary 
     state laws, to establish true fairness in state tax 
     collection for both retailers having physical presence in a 
     state and retailers who are remote sellers; and be it further
       Resolved, That the Legislature of the state of Utah, having 
     addressed the principles of fairness outlined in this 
     resolution, urges Congress to require all retailers whose 
     sales to consumers exceed a minimum threshold to collect and 
     remit applicable sales taxes on sales in the state; and be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     members of the United States House of Representatives and to 
     the members of the United States Senate.
                                  ____

       POM-91. A resolution adopted by the House of 
     Representatives of the State of Utah urging the United States 
     Congress to repeal portions of the Patient Protection and 
     Affordable Care Act and the Health Care and Education 
     Reconciliation Act; to the Committee on Finance.

                            House Resolution

       Whereas, sections 9010 and 10905 of the Patient Protection 
     and Affordable Care Act, and section 1406 of the Health Care 
     and Education Reconciliation Act, impose an unprecedented new 
     tax on health insurance that numerous policy experts agree 
     will be passed on to individuals, working families, small 
     employers, and senior citizens, contradicting a primary goal 
     of health reform by making care more expensive;
       Whereas, the health insurance tax will cause premiums on 
     the individual market to rise an average of $2,150 for 
     individuals and $5,080 for families nationally over 10 years 
     and will increase premiums for families over $4,305 over 10 
     years;
       Whereas, the health insurance tax will impact small 
     employers over the next 10 years, reducing private sector 
     jobs by 125,000;
       Whereas, 59% of these lost jobs will come from small 
     businesses;
       Whereas, potential sales will be reduced by at least $18 
     billion, 50% of which will come from small businesses;
       Whereas, in the state of Utah, premiums for small employers 
     will increase by an average of $2,173 per employer over 10 
     years and premiums for large employers will increase by an 
     average of $2,400 over 10 years;
       Whereas, the health insurance tax will impact Medicare 
     Advantage beneficiaries in the state of Utah by costing an 
     average of $2,926 in additional premiums and reduced benefits 
     over 10 years;
       Whereas, the health insurance tax will impact Medicaid 
     beneficiaries in the state of Utah enrolled in a coordinated 
     care program by costing an average of $1,506 over 10 years, 
     putting pressure on already strained state budgets, 
     decreasing benefits, and potentially creating coverage 
     disruption; and
       Whereas, higher premiums are a disincentive for everyone to 
     obtain insurance coverage, particularly younger, healthier 
     people who are likely to drop their policy if it becomes too 
     expensive, further eroding the risk pool and making coverage 
     less affordable: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah strongly urges the United States Congress to enact 
     legislation to repeal the health insurance tax, sections 9010 
     and 10905 of the Patient Protection and Affordable Care Act, 
     and section 1406 of the Health Care and Education 
     Reconciliation Act, to make health care more affordable for 
     working families, individuals, and businesses; and be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-92. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Kansas 
     recognizing the many contributions made by the citizens of 
     the Republic of Azerbaijan; to the Committee on Foreign 
     Relations.

                       House Resolution No. 6022

       Whereas, The Republic of Azerbaijan and the United States 
     of America are long-standing allies, both dearly cherishing 
     the universal values of freedom, democracy and human rights; 
     and
       Whereas, The State of Kansas and the Republic of Azerbaijan 
     enjoy a strong, vibrant and mutually beneficial economic 
     relationship with the prospect of further growth; and
       Whereas, It is the custom of the State of Kansas to welcome 
     all who come to our state, especially those who come in the 
     interest of friendship and commerce; and
       Whereas, It is the policy of the Kansas House of 
     Representatives to recognize the contributions of our allies 
     and the value of maintaining beneficial relationships with 
     the allies of the United States of America, including the 
     contributions made by the Republic of Azerbaijan and the 
     value of our positive relationship with this ally: Now, 
     therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas: That we recognize the many contributions made by the 
     citizens of the Republic of Azerbaijan and that it is in the 
     best interest of the State of Kansas to promote relationships 
     with Azerbaijan.
                                  ____

       POM-93. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania supporting those peaceful 
     political actions that will result in the final reunification 
     of Ireland; to the Committee on Foreign Relations.

                        Senate Resolution No. 53

       Whereas, Ireland and its people comprise an ancient and 
     distinct island nation, and the people of Ireland have a 
     right and the responsibility to govern themselves; and
       Whereas, Human and civil rights derive ``their just powers 
     from the consent of the governed'' and are best guaranteed by 
     people freely elected by democratic means to an independent 
     government; and
       Whereas, The logic of history, international law, human 
     rights and peaceful political actions dictate the 
     reunification of the island of Ireland, and the reality of 
     the moment in the Peace Process, the Good Friday Agreement, 
     the Desolved Assembly and the development of the All-Ireland 
     institutions of governance attest to this momentum; and
       Whereas, In the past, the General Assembly adopted the 
     MacBride Principles for Northern Ireland and strongly 
     endorsed passage of the Good Friday Agreement among the 
     parties, in part because of the dedication and bipartisan 
     support of three separate presidents of the United States, in 
     seeing the Good Friday Agreement to fruition and formation of 
     the Assembly; and
       Whereas, The contributions of the Irish born and Irish 
     Americans to the United States of America and this 
     Commonwealth are legion; and
       Whereas, The Commonwealth of Pennsylvania is home to a 
     significant percentage of Americans whose ancestors migrated 
     in times of famine and war to seek a better life, but in 
     whose hearts still desire peace and unification for their 
     ancestral home: Now, therefore, be it
       Resolved, That the Senate of Pennsylvania strongly support 
     a United Ireland by supporting those peaceful political 
     actions that will result in the final reunification of 
     Ireland; and be it further
       Resolved, That a copy of this resolution be forwarded to 
     the President and Vice President of the United States; the 
     United States Secretary of State; all members of the 
     Pennsylvania Congressional Delegation; the Governor of 
     Pennsylvania; and the Taoiseach and President of Ireland; and 
     be it further

[[Page 12710]]

       Resolved, That a copy of this resolution be forwarded to 
     the United States Ambassador to Ireland, who shall be urged 
     to transmit a copy to the United States Ambassador to Great 
     Britain and to Great Britain's Ambassador to the United 
     States.
                                  ____

       POM-94. A joint resolution adopted by the Legislature of 
     the State of California memorializing the Congress and the 
     President of the United States to observe the California Week 
     of Remembrance for the Armenian Genocide by participating in 
     the Armenian Genocide Commemorative Project; to the Committee 
     on Foreign Relations.

                    Assembly Joint Resolution No. 2

       Whereas, The Armenian Genocide of 1915-1923 was the first 
     genocide of the 20th century, in which 1.5 million men, 
     women, and children lost their lives at the hands of the 
     Turkish Ottoman Empire in their attempt to systematically 
     eliminate the Armenian race; and
       Whereas, In their 3,000 year historic homeland in Asia 
     Minor, Armenians were subjected to severe and unjust 
     persecution and brutality by the Turkish rulers of the 
     Ottoman Empire before and after the turn of the 20th century, 
     including widespread acts of destruction and murder during 
     the period from 1894 to 1896, inclusive, and again in 1909; 
     and
       Whereas, The massacre of the Armenians constituted one of 
     the most atrocious violations of human rights in the history 
     of the world; and
       Whereas, Adolph Hitler, in persuading his army commanders 
     that the merciless persecution and killing of Jews, Poles, 
     and other people would bring no retribution, declared, ``Who, 
     after all, speaks today of the annihilation of the 
     Armenians?''; and
       Whereas, Unlike other people and governments that have 
     admitted and denounced the abuses and crimes of predecessor 
     regimes, and despite the overwhelming proof of genocidal 
     intent, the Republic of Turkey has inexplicably and adamantly 
     denied the occurrence of the crimes against humanity 
     committed by the Ottoman and Young Turk rulers, and those 
     denials compound the grief of the few remaining survivors of 
     the atrocities, desecrate the memory of the victims, and 
     cause continuing pain to the descendants of the victims; and
       Whereas, Leaders of nations with strategic, commercial, and 
     cultural ties to the Republic of Turkey should be reminded of 
     their duty to encourage Turkish officials to cease efforts to 
     distort facts and deny the history of events surrounding the 
     Armenian Genocide; and
       Whereas, The determination of those who continue to speak 
     the truth about the Armenian Genocide is tested to this day 
     with some of these speakers of truth being silenced by 
     violent means; and
       Whereas, The accelerated level and scope of denial and 
     revisionism, coupled with the passage of time and the fact 
     that very few survivors remain who can serve as reminders of 
     indescribable brutality and tormented lives, compel a sense 
     of urgency in efforts to solidify recognition of historical 
     truth; and
       Whereas, By consistently remembering and forcefully 
     condemning the atrocities committed against the Armenians, 
     and honoring the survivors as well as other victims of 
     similar heinous conduct, we guard against repetition of such 
     acts of genocide and provide the American public with a 
     greater understanding of its heritage; and
       Whereas, This measure would provide that the Legislature 
     deplores the persistent, ongoing efforts by any person in 
     this country or abroad to deny the historical fact of the 
     Armenian Genocide; and
       Whereas, California is home to the largest Armenian-
     American population in the United States, and Armenians 
     living in California have enriched our state through their 
     leadership in business, agriculture, academia, government, 
     and the arts; and
       Whereas, The State of California has been at the forefront 
     of encouraging and promoting a curriculum relating to human 
     rights and genocide in order to empower future generations to 
     prevent recurrence of the crime of genocide: Now, therefore, 
     be it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly, That the State of California commends 
     its conscientious educators who teach about human rights and 
     genocide; and be it further
       Resolved, That the Legislature of the State of California 
     hereby designates the week of April 18 to 24, 2013, as 
     ``California Week of Remembrance for the Armenian Genocide of 
     1915-1923''; and be it further
       Resolved, That California commemorates California Week of 
     Remembrance for the Armenian Genocide through the Armenian 
     Genocide Commemorative Project; and be it further
       Resolved, That the State of California respectfully calls 
     upon the Congress and the President of the United States to 
     act likewise and to formally and consistently recognize and 
     reaffirm the historical truth that the atrocities committed 
     against the Armenian people constituted genocide; and be it 
     further
       Resolved, That the Legislature calls upon the Republic of 
     Turkey to acknowledge the facts of the Armenian Genocide and 
     to work toward a just resolution; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, Members of the United States Congress, 
     the Governor, and the Turkish Ambassador to the United 
     States.
                                  ____

       POM-95. A resolution adopted by the Senate of the 
     Commonwealth of Massachusetts reaffirming the friendship 
     between the Commonwealth of Massachusetts and Taiwan; to the 
     Committee on Foreign Relations.

                              Resolutions

       Whereas, the United States and Taiwan share a most 
     important relationship supported by the 2 countries' common 
     values and support for freedom, democracy and a commitment to 
     a free market economy; and
       Whereas, the President of Taiwan, Ma Ying-Jeou, has worked 
     tirelessly to uphold democratic principles in Taiwan, ensure 
     the prosperity of Taiwan's 23 million people, promote 
     Taiwan's international standing and further improve relations 
     between the United States and Taiwan; and
       Whereas, the United States and Taiwan, and especially the 
     Commonwealth, share a historically close relationship marked 
     by strong bilateral trade, educational and cultural exchange, 
     scientific and technological interests and tourism; and
       Whereas, Taiwan is a member of the United States Visa 
     Waiver Program, reflecting the cooperation shared between the 
     2 countries and making travel between Taiwan and the United 
     States for business and tourism more convenient; and
       Whereas, the United States ranks as Taiwan's third largest 
     trading partner and Taiwan was the eleventh largest trading 
     partner of the United States In 2012; and
       Whereas, bilateral trade in goods and services between the 
     United States and Taiwan reached $85 billion in 2011 and the 
     New England region exported approximately $1.4 billion in 
     goods to Taiwan, of which, $956 million was exported from the 
     Commonwealth; and
       Whereas, Taiwan is the seventeenth largest trading economy 
     in the world and a member of the Asia-Pacific Economic 
     Cooperation, or Apec Forum, which promotes free trade and 
     economic cooperation throughout the Asia-Pacific region: Now 
     therefore, be it
       Resolved, That the Massachusetts General Court seeks to 
     reaffirm the friendship between the Commonwealth of 
     Massachusetts and Taiwan; and be it further
       Resolved, That a copy of these resolutions be transmitted 
     forthwith by the clerk of the Senate to the Honorable Barack 
     Obama, President of the United States, to the Massachusetts 
     Delegation of the United States Congress, to the Honorable 
     Deval Patrick, Governor of the Commonwealth, to the Honorable 
     Ma Yingjeou, President of Taiwan and to Anne Hung, Director-
     General of the Taipei Economic and Cultural Office in Boston.
                                  ____

       POM-96. A resolution adopted by the Senate of the State of 
     Michigan urging careful review of the proposed underground 
     nuclear waste repository in Ontario, Canada, and 
     memorializing the United States Congress to do all it can to 
     see that Michigan's concerns are fully addressed; to the 
     Committee on Foreign Relations.

                        Senate Resolution No. 58

       Whereas, Ontario Power Generation is proposing to construct 
     an underground, long-term burial facility for all of 
     Ontario's low- and intermediate-level radioactive waste at 
     the Bruce Nuclear Generating Station, some of which is long-
     lived intermediate waste. This site, less than a mile inland 
     from the shore of Lake Huron and about 440 yards below the 
     lake level, is approximately 120 miles upstream from the main 
     drinking water intakes for Southeast Michigan; and
       Whereas, Lake Huron and the other Great Lakes are 
     critically-important resources to both the United States and 
     Canada. The Great Lakes contain 95 percent of North America's 
     surface fresh water and provide drinking water to tens of 
     millions of people. Pristine water is important to fishing, 
     boating, recreation, tourism, and agriculture in Michigan and 
     throughout the region. Agriculture, commercial and sport 
     fisheries, shipping, recreation, and tourism are important 
     components of the Great Lakes economy. This proposal to place 
     a permanent nuclear waste burial facility so close to the 
     Great Lakes raises serious concerns; and
       Whereas, As part of an effort to protect water quality, 
     Michigan's siting criteria for the disposal of low-level 
     radioactive waste prohibits any site located within ten miles 
     of Lake Michigan, Lake Superior, Lake Huron, Lake Erie, the 
     Saint Mary's River, the Detroit River, the St. Clair River, 
     or Lake St. Clair. It also excludes sites located within a 
     500-year floodplain, located over a sole source aquifer, or 
     located where the hydrogeology beneath the site discharges 
     groundwater to the land surface within 3,000 feet of the 
     boundaries of the site. We encourage Canada to consider 
     similar siting criteria; and
       Whereas, International agreements between the United States 
     and Canada state that radiological contamination should be 
     reduced and emphasize the concept of prevention. We encourage 
     Canada, as part of its public review process, to make known 
     the steps that have been or will be taken to fulfill the 
     requirements of these agreements; and

[[Page 12711]]

       Whereas, Siting an underground nuclear waste repository in 
     limestone, as proposed by Ontario Power Generation, is the 
     first of its kind. The environmental impact statement for 
     this proposed nuclear waste burial facility noted that the 
     acceptability of an alternative site was ``unknown.'' We 
     encourage the use of sound scientific principles and analyses 
     in determining whether this geologic formation is appropriate 
     for the safe long-term storage of radioactive waste and that 
     before making any further approvals of this proposed 
     facility, this scientific data, along with information 
     regarding the alternative sites that were considered, be made 
     available; and
       Whereas, Given the proximity and potential impact to many 
     Michigan residents, we urge Canadian and Ontario officials, 
     along with all relevant governmental agencies, to ensure open 
     communication and information sharing with Michigan citizens 
     about this proposal and to possibly consider extending the 
     public comment period: Now, therefore, be it
       Resolved by the Senate, That we urge Canadian officials to 
     thoroughly review the proposed underground nuclear waste 
     repository in Ontario, Canada, including the issues raised 
     herein, and we memorialize the United States Congress to do 
     all it can to see that Michigan's concerns are fully 
     addressed; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Prime Minister of Canada, the Premier of Ontario, the 
     President of the Canadian Nuclear Safety Commission, the 
     Chairman of the United States Nuclear Regulatory Commission, 
     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-97. A concurrent resolution adopted by the Legislature 
     of the State of Utah recognizing the 50th anniversary of the 
     Vietnam War; to the Committee on Foreign Relations.

                   House Concurrent Resolution No. 6

       Whereas, in the late 1950s, the United States began sending 
     advisors to help train the South Vietnamese Army and Air 
     Force to withstand the onslaught from Communist North 
     Vietnam;
       Whereas, the Military Assistance and Advisory Group (MAAG), 
     along with 700 other U.S. military advisors, worked for eight 
     years to train the South Vietnamese for conventional warfare;
       Whereas, on October 11, 1961, President John F. Kennedy 
     authorized a detachment from the 4400th Combat Crew Training 
     Squadron to deploy to South Vietnam as Project Farm Gate;
       Whereas, Operation Mule Train, begun in January 1962, was 
     designed to drop supplies to isolated outposts and transport 
     parachutists into areas controlled by the Vietcong;
       Whereas, at the request of South Vietnam's President, the 
     United States Air Force was directed to spray the Vietnamese 
     countryside with an aerial herbicide that would strip the 
     jungles of all foliage and eliminate the cover and available 
     food for the North Vietnamese;
       Whereas, this action, named Operation Ranch Hand, began in 
     1962;
       Whereas, arguments in Washington erupted on whether the 
     spraying actually did any good, or whether the Americans and 
     the South Vietnamese governments were risking the loyalty of 
     the South Vietnamese people whose livelihoods were also at 
     risk;
       Whereas, President Kennedy allowed the spraying, but only 
     under limited conditions and as long as crops were not 
     damaged;
       Whereas, the planes that dropped the herbicide were 
     modified to carry and spray the defoliants to only attack 
     areas of the jungle where combatants could hide, but by 1971 
     the policy had changed and even crops were sprayed;
       Whereas, the operation continued for nine years and 
     affected 36% of the mangrove forest and 20% of the jungles of 
     South Vietnam;
       Whereas, this operation began the controversy over the 
     effects of the defoliant Agent Orange on humans, which 
     continues today;
       Whereas, in August 1964, two U.S. destroyers, the USS 
     Turner Joy and the USS Maddox, were performing surveillance 
     patrols in conjunction with the South Vietnamese Navy along 
     the North Vietnamese coast in the Gulf of Tonkin;
       Whereas, North Vietnam claimed a 12-mile territorial zone 
     off its coastline, but the United States only recognized a 3-
     mile border and allowed its ships to sail within 11 miles of 
     the coast;
       Whereas, when ships would come into range, the North 
     Vietnamese radar sites on shore would activate and the South 
     Vietnamese Navy would then harass the installations with 
     gunfire;
       Whereas, in retaliation, the North Vietnamese Navy sent out 
     several torpedo boats on an attack, which proved 
     unsuccessful;
       Whereas, when President Lyndon B. Johnson received 
     notification of the incident, he ordered the first American 
     air strikes against North Vietnamese naval bases;
       Whereas, a few days later, Congress passed the Gulf of 
     Tonkin Resolution, which gave President Johnson the authority 
     to increase America's involvement in Vietnam;
       Whereas, in February 1965, President Johnson ordered a 
     series of reprisal air strikes after several attacks on U.S. 
     bases by Vietcong units;
       Whereas, a series of paved and unpaved roads, rivers, and 
     sometimes narrow footpaths through dense jungle, commonly 
     referred to as the Ho Chi Minh Trail, were being utilized by 
     the North Vietnamese and Vietcong armies to smuggle supplies 
     and troops back and forth from North and South Vietnam;
       Whereas, this intricate transportation system stretched 
     throughout the mountains along the Vietnamese-Laos-Cambodia 
     borders and was a large problem for the South Vietnamese and 
     U.S. forces;
       Whereas, cutting off the Ho Chi Minh Trail, often called 
     the ``Secret War,'' was controversial because it often 
     entailed constant air strikes to areas in Laos and Cambodia, 
     which were neutral countries, and these tactics were not 
     known to most Americans;
       Whereas, after several attacks upon United States Air Force 
     bases, 3,500 United States Marines were dispatched to South 
     Vietnam on March 8, 1965;
       Whereas, this marked the beginning of the American ground 
     war, and public opinion at the time overwhelmingly supported 
     the deployment;
       Whereas, the initial deployment of 3,500 Marines increased 
     to nearly 200,000 American military personnel by December of 
     1965;
       Whereas, that same month, South Vietnamese forces suffered 
     heavy losses in a battle that both sides viewed as a 
     watershed, and American leaders responded by developing plans 
     for U.S. troops to move from a defensive strategy to an 
     offensive approach to the escalating war;
       Whereas, the bombing campaigns that began in 1964, which 
     were intended to force North Vietnam to cease its support for 
     the National Front for the Liberation of South Vietnam, 
     escalated significantly by the end of 1966;
       Whereas, where ground combat was sometimes made complicated 
     by unconventional military opposition and difficult terrain, 
     U.S. air superiority remained constant, and throughout the 
     Vietnam War, various policies and strategies were put in 
     place by the U.S. military to take advantage of that 
     strength;
       Whereas, over the course of the conflict, U.S. forces 
     dropped over 7 million tons of bombs through Southeast Asia, 
     compared to only about 2 million tons dropped during all of 
     World War II;
       Whereas, geared towards suppressing the Pathet Lao's 
     Communist guerrillas in Northern Laos, Operation Barrel Roll, 
     a heavily covert operation, was initiated to provide air 
     support for the Royal Laotian Army, and included the first 
     bombings in Laos in support of the war against North Vietnam;
       Whereas, another interdiction effort, Operation Steel 
     Tiger, was aimed at destroying the North Vietnamese flow of 
     supplies and troops along the Ho Chi Minh Trail and involved 
     heavy covert bombing in Southeastern Laos;
       Whereas, Operation Tiger Hound, initiated in support of 
     both Barrel Roll and Steel Tiger, focused solely on 
     disrupting movement along the Ho Chi Minh Trail on the lower 
     portion of the Laotian panhandle and was initiated by the 
     South Vietnamese Air Force and by United States Air Force 
     units based in South Vietnam;
       Whereas, what was expected to be the usual two-day cease-
     fire in observance of Tet Nguyen Dan, the lunar New Year and 
     the most important Vietnamese holiday, became an opportunity 
     for the North Vietnamese Army and Vietcong to strike;
       Whereas, this large, well-coordinated surprise campaign on 
     cities and U.S. targets throughout South Vietnam, named the 
     Tet Offensive, was North Vietnam's attempt to end the war in 
     one swift blow;
       Whereas, the morning of January 31, 1968, saw many 
     provincial capitals and cities such as Saigon and Hue under 
     siege from large numbers of Communist fighters who had 
     apparently infiltrated the South in the months and weeks 
     leading up to the planned offensive;
       Whereas, U.S. and South Vietnamese forces, initially 
     unprepared and overwhelmed, countered many of the attacks, 
     and eventually gained back control by early March of all 
     areas where the Vietcong were entrenched;
       Whereas, in the aftermath, many cities and towns in South 
     Vietnam were devastated, with thousands of casualties 
     sustained by forces and civilians in the South;
       Whereas, the Tet Offensive was evidence of North Vietnam's 
     ability to stage a large-scale attack;
       Whereas, this turning point in the war would lead to a 
     change in approach by political and military leadership, and 
     change the way many in the United States viewed the war from 
     home;
       Whereas, the first major bombing campaign on North 
     Vietnamese territory, Operation Rolling Thunder was intended 
     to place heavy military pressure on the North Vietnamese 
     leaders and reduce their ability and desire to wage war 
     against the U.S.-supported South Vietnamese government;
       Whereas, from 1965 to 1968, about 643,000 tons of bombs 
     were dropped on North Vietnam;

[[Page 12712]]

       Whereas, leading up to the Tet Offensive, widespread 
     protests and demonstrations against U.S. involvement and the 
     continued loss of American lives were already taking place in 
     the United States;
       Whereas, beginning in 1964, these protests and 
     demonstrations led to a polarization of Americans, with one 
     side continuing to support America's role in Southeast Asia 
     and the other preaching peace and the end to U.S. operations 
     in the region;
       Whereas, although most demonstrations were peaceful, some 
     were highlighted by violence and, whether instigated by 
     protestors or police, these confrontational events often 
     received more attention than the war itself;
       Whereas, the North Vietnamese-led Tet Offensive in early 
     1968 brought a new wave of criticism from the American public 
     as images of those events shocked many across the nation;
       Whereas, with many news outlets publicizing the horrors 
     encountered in South Vietnam during that period, as well as 
     the depiction of the attack on the American Embassy in 
     Saigon, many Americans questioned the ability of the United 
     States to resolve the conflict by use of military 
     intervention and the validity of previous reports of 
     successful operations in the region;
       Whereas, Operation Menu was a highly secretive bombing 
     campaign of Communist-supported supply bases in Cambodia that 
     the North Vietnamese used in aiding attacks on South Vietnam;
       Whereas, these controversial B-52 bombing raids in neutral 
     Cambodia, authorized by President Richard Nixon, continued 
     until 1973 when information about those raids was leaked and 
     the devastation to the region was exposed;
       Whereas, public protests increased, and on May 4, 1970, the 
     Ohio National Guard fired on Kent State University students, 
     killing four students, during a protest against President 
     Nixon for sending American troops into Cambodia;
       Whereas, the killings resulted in a nationwide student 
     strike;
       Whereas, the Vietnam War was the central issue of the 1972 
     presidential election, with President Nixon's opponent, 
     George McGovern, campaigning on a platform of withdrawal from 
     Vietnam;
       Whereas, starting in 1969, President Nixon's National 
     Security Adviser, Henry Kissinger, carried on secret 
     negotiations with North Vietnamese officials;
       Whereas, in October 1972, an agreement was reached, but 
     South Vietnamese President Nguyen Van Thieu demanded massive 
     changes to the peace proposal;
       Whereas, with negotiations deadlocked, President Nixon 
     approved Operation Linebacker II, a massive bombing campaign 
     by B-52 strategic bombers aimed at reassuring the South 
     Vietnamese and forcing the North Vietnamese back to the 
     negotiating table;
       Whereas, in just 11 days, over 49,000 tons of bombs were 
     dropped on North Vietnam, devastating the country and forcing 
     North Vietnam back to the table;
       Whereas, on January 15, 1973, President Richard Nixon 
     announced the suspension of offensive action against North 
     Vietnam;
       Whereas, the Paris Peace Accords, the agreement signed on 
     January 27, 1973, between North Vietnam and the United States 
     and South Vietnam, effectively ended the conflict and began 
     the complete withdrawal of American troops;
       Whereas, the key provisions of the agreement included a 
     cease-fire throughout Vietnam, withdrawal of U.S. combat 
     forces, the release of prisoners of war, and the 
     reunification of North and South Vietnam through peaceful 
     means;
       Whereas, the South Vietnamese government was to remain in 
     place until new elections were held, and North Vietnamese 
     forces in the South were not to advance further or be 
     reinforced;
       Whereas, little more than two months after the peace 
     agreement, U.S. combat troops left Vietnam;
       Whereas, Operation Homecoming, a result of the Paris Peace 
     Accords, made possible the return of nearly 600 American 
     prisoners of war (POWs) held by North Vietnam;
       Whereas, groups of released POWs were selected on the basis 
     of their length of time in prison, with the first group 
     consisting of POWs that had spent six to eight years as 
     prisoners of war;
       Whereas, after Operation Homecoming, about 1,350 Americans 
     were still listed as prisoners of war or missing in action, 
     and another 1,200 Americans were reported killed in action 
     without their bodies being recovered;
       Whereas, these missing personnel would become the subject 
     of an intense search by the United States Army, Navy, Air 
     Force, and Marine Corps, with many remains of missing 
     personnel located and returned in the decades since;
       Whereas, following the refusal of Congress to fund 
     additional U.S. activity in Vietnam, all American troops and 
     equipment were withdrawn from Vietnam;
       Whereas, Communist leaders in the North had expected that 
     the cease-fire terms would favor their side, but even before 
     the last American combat troops departed on March 29, 1973, 
     the Communists violated the cease-fire;
       Whereas, in Saigon, approximately 7,000 United States 
     Department of Defense civilian employees remained behind to 
     aid South Vietnam in conducting what was beginning to look 
     like a fierce and ongoing war with Communist North Vietnam;
       Whereas, Saigon, bolstered by a surge of U.S. aid received 
     just before the cease-fire went into effect, at first started 
     to push back the Vietcong, but by early 1974, full-scale 
     warfare had resumed;
       Whereas, the Vietcong recaptured the territory it lost 
     during the previous dry season, and during the rest of 1974 
     Communist forces took possession of additional areas in the 
     South;
       Whereas, at the end of 1974, South Vietnamese authorities 
     reported that 80,000 soldiers and civilians had been killed, 
     making it the costliest year of the war;
       Whereas, in the spring of 1975, 20 divisions of the North 
     Vietnamese Army invaded South Vietnam;
       Whereas, South Vietnamese forces fell back in disorder and 
     panic, abandoning air bases, weapons, aircraft, fuel, and 
     ammunition, and on April 29, 1975, Communist forces reached 
     Saigon, the South Vietnamese capital, and quickly overran the 
     city;
       Whereas, South Vietnam formally surrendered the next day;
       Whereas, April 30, 1975, also saw the last American 
     civilians and military personnel still in South Vietnam 
     airlifted out of Saigon by U.S. support forces;
       Whereas, statistics from the 1970 census indicate that 
     27,910 Utahns served in Vietnam;
       Whereas, 388 Utahns were killed, 14 are still listed as 
     missing in action, and many more were wounded during their 
     service;
       Whereas, a new exhibit, which honors and pays tribute to 
     the sacrifices of POWs during the Vietnam War, opened 
     September 12, 2012, at the Hill Air Force Base museum; and
       Whereas, it is fitting that in the 50th year since the 
     beginning of the conflict Utahns reflect on the Vietnam War 
     and its legacy: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, recognize the 50th Anniversary 
     of the Vietnam War and those who fought, suffered, and died 
     in the conflict; and be it further
       Resolved, That the Legislature and the Governor urge the 
     citizens of Utah to reflect on the service and sacrifice of 
     many during the Vietnam War; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Veterans of Foreign Wars USA, the United States Department of 
     Veterans Affairs, the Utah Department of Veterans' Affairs, 
     the Hill Air Force Base museum, and the members of Utah's 
     congressional delegation.
                                  ____

       POM-98. A concurrent resolution adopted by the Legislature 
     of the State of Utah recognizing Israel's legal, historical, 
     and moral right of self-governance and self-defense; to the 
     Committee on Foreign Relations.

                   Senate Concurrent Resolution No. 4

       Whereas, the Jewish people have a long standing connection 
     to the land of Israel;
       Whereas, the claim and presence of the Jewish people in 
     Israel has remained constant throughout the past 4,000 years;
       Whereas, Israel declared its independence and self-
     governance on May 14, 1948, with the goal of reestablishing a 
     homeland for the Jewish people;
       Whereas, the United States, having been the first nation to 
     recognize Israel as an independent nation and as Israel's 
     principal ally, has enjoyed a close and mutually beneficial 
     relationship with Israel and her people;
       Whereas, Israel is the greatest friend and ally of the 
     United States in the Middle East and the two countries enjoy 
     strong bonds and common values;
       Whereas, there are those in the Middle East who, since the 
     time of Israel's inception as a state, have continually 
     sought to destroy Israel;
       Whereas, Israel and the United States have similar goals of 
     democracy and stability in the Middle East; and
       Whereas, Utah and Israel have enjoyed a cordial and 
     mutually beneficial relationship since 1948, a friendship 
     that continues to strengthen with each passing year: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, commend Israel for its cordial 
     and mutually beneficial relationship with the United States 
     and with the state of Utah; and be it further
       Resolved, That the Legislature and the Governor express 
     support for Israel in its legal, historical, and moral right 
     of self-governance and self-defense upon its lands; and be it 
     further
        Resolved, That the Legislature and the Governor recognize 
     that Israel is not an attacking force of other nations, and 
     that peace can be afforded the region only through combined 
     efforts and trust; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Embassy of Israel to the United States, the President of the 
     United States, the Majority Leader of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-99. A joint resolution adopted by the Legislature of 
     the State of Utah urging the

[[Page 12713]]

     President of the United States and the United States Congress 
     to support free trade with Taiwan; to the Committee on 
     Foreign Relations.

                     Senate Joint Resolution No. 12

       Whereas, the state of Utah is proud of the sister-state 
     relationship it has enjoyed with Taiwan since 1980;
       Whereas, Taiwan, as a full-fledged democracy, shares the 
     same values of freedom, democracy, human rights, open market, 
     peace, and prosperity with the United States;
       Whereas, Taiwan is currently the 18th largest exporter as 
     well as importer, the United States' 10th largest trading 
     partner, and the 6th largest agricultural products market;
       Whereas, despite being a member of the World Trade 
     Organization since 2002 and a faithful ally and an important 
     strategic partner of the United States, Taiwan has yet to 
     sign a free trade agreement with the United States;
       Whereas, approximately 580,000 people from Taiwan visit the 
     United States annually, and Taiwanese airline carriers 
     currently have more than 40 flights destined for the United 
     States weekly, carrying more than 5,000 passengers daily for 
     business, tourism, study, and other purposes;
       Whereas, Taiwanese airlines fly to every corner of the 
     globe and Taiwan aims to ensure that all aspects of its 
     aviation sector conform to the standard formulated by the 
     International Civil Aviation Organization (ICAO) for safety 
     and security;
       Whereas, for the past 40 years, however, Taiwan has not 
     been able to enter or meaningfully participate in the ICAO;
       Whereas, this hampers Taiwan's voluntary efforts to comply 
     with the ICAO standards due to lack of timely and 
     comprehensive information;
       Whereas, Taiwan has recently promoted an East China Sea 
     Peace Initiative, a commendable effort to ease tensions that 
     might seriously endanger peace and prosperity in the region; 
     and
       Whereas, resolving disputes in the East China Sea in a 
     rational and peaceful manner is in the best interests of all 
     parties in the region and the United States: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah 
     reaffirms the friendship, and encourages the sister-state 
     relationship, between Utah and Taiwan; and be it further
       Resolved, That the Legislature urges the President of the 
     United States and the United States Congress to support a 
     free trade agreement with Taiwan and support Taiwan's 
     participation in multilateral free trade negotiations; and be 
     it further
       Resolved, That the Legislature expresses its continued 
     support for Taiwan's meaningful participation in United 
     Nations specialized organizations, conventions, and programs, 
     such as acquiring an observer status in the International 
     Civil Aviation Organization; and be it further
       Resolved, That the Legislature welcomes Taiwan's initiative 
     for peace and stability in the Asia-Pacific Region and urges 
     all parties concerned in East China Sea disputes to refrain 
     from any antagonistic actions and resolve their differences 
     through open dialogue and other peaceful means; and be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the President of the Republic of China on 
     Taiwan, and the members of Utah's congressional delegation.
                                  ____

       POM-100. A joint resolution adopted by the Legislature of 
     the State of Alaska opposing the United States Food and Drug 
     Administration's preliminary finding relating to genetically 
     engineered salmon; to the Committee on Health, Education, 
     Labor, and Pensions.

                      House Joint Resolution No. 5

       Whereas the United States Food and Drug Administration 
     recently announced the release of a draft environmental 
     assessment and preliminary finding of no significant impact 
     concerning genetically engineered AquaBounty AquAdvantage 
     salmon; and
       Whereas the state has bountiful fisheries that provide 
     wild, natural, and sustainable seafood; and
       Whereas Alaska seafood is naturally high in essential 
     vitamins, including vitamins E, C, D, and A, and minerals, 
     including zinc, iron, calcium, and selenium; and
       Whereas fish habitat in the state is cleaner than fish 
     habitat in other locations; and
       Whereas fisheries are a vital component of the state's 
     economy; and
       Whereas the state's fisheries are managed to ensure that 
     Alaska seafood continues to be the finest in the world for 
     future generations; and
       Whereas, in 2009, 95 percent of pacific salmon landings in 
     the United States occurred in the state; and
       Whereas, in 2012, 124,000,000 salmon were harvested in the 
     state, for a value of $505,000,000; and
       Whereas Alaska ports consistently rank among the top ports 
     in the United States based on volume and ex-vessel value for 
     various fisheries, including salmon; and
       Whereas the state's fishing industry provides over 70,000 
     jobs annually and is the second largest source of private 
     sector employment in the state; and
       Whereas the United States Food and Drug Administration is 
     accepting comments on the proposal to allow, for the first 
     time, a genetically modified organism to be sold for human 
     consumption; and
       Whereas the inevitable accidental release of transgenic 
     fish into the wild could devastate native fish populations 
     and ecosystems; and
       Whereas citizens and public interest groups overwhelmingly 
     oppose genetically engineered food and have submitted over 
     400,000 public comments opposing genetically engineered 
     salmon; and
       Whereas the United States Food and Drug Administration has 
     not conducted adequate testing to determine the long-term 
     safety of consuming genetically engineered salmon; and
       Whereas the sale of genetically engineered salmon could 
     imperil the state's fishing industry; and
       Whereas seven members of the United States Senate continue 
     to have concerns about AquaBounty's proposal and the United 
     States Food and Drug Administration's review of the proposal; 
     and
       Whereas the United States Food and Drug Administration's 
     review applies only to a limited set of production and 
     rearing facilities and fails to consider the broader 
     applications of this technology that would assuredly occur 
     should final approval be granted: Now, therefore, be it
       Resolved, That the Alaska State Legislature urges the 
     United States Food and Drug Administration not to make a 
     final decision regarding genetically engineered salmon until 
     the United States Congress has fully examined the issue and 
     the potential release of genetically engineered fish into the 
     waters of the United States; and be it further
       Resolved, That the Alaska State Legislature opposes 
     AquaBounty's petition to produce AquAdvantage Salmon, a 
     genetically engineered salmon; and be it further
       Resolved, That, if the petition is approved by the United 
     States Food and Drug Administration, despite strong 
     environmental and human health concerns, product labeling 
     requirements must include, as required by Alaska law, the 
     words ``Genetically Modified'' prominently displayed on the 
     front of the product's packaging.
                                  ____

       POM-101. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the United States Congress 
     to oppose section 8 of H.R. 1919; to the Committee on Health, 
     Education, Labor, and Pensions.

                            Joint Resolution

       Whereas, Section 8 of H.R. 1919, ``An Act to Amend the 
     Federal Food, Drug, and Cosmetic Act,'' allows prescription 
     drug manufacturers to decide to supply drug information 
     labels only by electronic means, as opposed to the paper 
     labels currently accompanying prescription drugs upon 
     receipt; and
       Whereas, a similar provision is not contained in the United 
     States Senate's version of the bill; and
       Whereas, the United States Congress addressed electronic 
     labeling in 2012 and directed the United States Government 
     Accountability Office to study the potential advantages and 
     associated risks of this labeling and the results of the 
     study are due to be released in July 2013; and
       Whereas, Congress should await the results of the study it 
     ordered to be undertaken before passing legislation that 
     would require critical medical information, such as 
     information on dangerous side effects and contraindications, 
     to be made available to health care professionals and 
     prescription drug consumers only by electronic means; and
       Whereas, Maine would be disproportionately negatively 
     affected by Section 8 of H.R. 1919; and
       Whereas, as of 2011, 16.3% of Maine's population was over 
     65 years of age, compared to only 13.3% for the nation as a 
     whole; and
       Whereas, due to its geography, climate and highly dispersed 
     and rural population, significant areas of Maine do not have 
     reliable access to the Internet; and
       Whereas, Maine relies on the forest products industry to 
     create and maintain jobs and sustainably manage Maine's 
     forests, and that industry would be negatively affected by 
     Section 8 of H.R. 1919 without further study of the effects: 
     Now, therefore, be it
       Resolved, That We, your Memorialists, the Members of the 
     One Hundred and Twenty-sixth Legislature now assembled in the 
     First Regular Session, on behalf of the people we represent, 
     take this opportunity to urge and request that Section 8 of 
     H.R. 1919 not be passed until the Government Accountability 
     Office study on the effects of required electronic-only 
     labeling for prescription medications is published, reviewed 
     and considered; and be it further
       Resolved, That We urge and request that this section of the 
     bill not become law without further consideration and 
     mitigation of the disproportionate negative effects on 
     Maine's elderly, rural and highly dispersed population; and 
     be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-102. A joint resolution adopted by the Legislature of 
     the State of California supporting the congressional action 
     to reverse

[[Page 12714]]

     the suspension of new student enrollments in the Job Corps; 
     to the Committee on Health, Education, Labor, and Pensions.

                    Assembly Joint Resolution No. 13

       Whereas, the State of California serves the largest 
     proportion of Job Corps students administered by the United 
     States Department of Labor. Currently, there are seven Job 
     Corps centers located in California in the Cities of Long 
     Beach, Los Angeles, Sacramento, San Bernardino, San Diego, 
     San Francisco, and San Jose; and
       Whereas, these seven Job Corps centers provide a vital 
     piece of California's workforce development system by serving 
     5,373 disadvantaged youth between 16 and 24 years of age, 
     inclusive, by providing high school diplomas and career 
     technical education to young men and women, all of whom come 
     from very low income households and are unemployed or 
     underemployed; and
       Whereas, in addition to academic and employment training, 
     these Job Corps centers provide social skills training and 
     other services to empower these young men and women to obtain 
     and hold a job, enroll in advanced training, attend college, 
     or enter the Armed Forces to defend the interests of the 
     United States around the world; and
       Whereas, over 8,000 former dropouts have received fully 
     accredited public high school diplomas at the Job Corps 
     centers and thousands more unemployed youth have received 
     career training and job placement assistance; and
       Whereas, the young men and women who participate in the Job 
     Corps gain entry level job skills for well-paying careers in 
     construction, health care, culinary arts, security services, 
     and other employment sectors vital to California's economy; 
     and
       Whereas, recent studies demonstrate a significant economic 
     gain from funds invested in dropout recovery by increasing 
     employment, raising individual earnings, improving home and 
     auto sales, increased job and economic growth, greater 
     spending and investments, and tax revenues, and significant 
     reductions in health care costs, crime prevention and 
     corrections expenditures, and other social services provided 
     by California; and
       Whereas, the National Job Corps Association reports that 
     the combined economic activity stimulated by the Job Corps 
     centers in California is two hundred forty-three million 
     seven hundred twenty-six thousand five hundred nineteen 
     dollars ($243,726,519), and that 2,971 local jobs are created 
     by the operation of the Job Corps centers in California; and
       Whereas, the United States Department of Labor is entrusted 
     to serve the disadvantaged youth in America. However, the 
     United States Department of Labor recently decided to suspend 
     all new student enrollments to Job Corps centers in 
     California and throughout the 125 Job Corps centers serving 
     the nation, which would prevent as many as 30,000 otherwise 
     eligible young men and women from receiving diplomas and job 
     training; and
       Whereas, recent decisions of the United States Department 
     of Labor to implement a 93-day suspension of new student 
     enrollment and a 21-percent reduction in funding for future 
     enrollments appear to be inequitably balancing a budget 
     shortfall on the backs of disadvantaged youth it is entrusted 
     to serve when other alternatives are available for closing 
     the shortfall; and
       Whereas, seventy-one members of the United States House of 
     Representatives and 17 members of the United States Senate 
     have sent a bipartisan letter asking Acting Secretary and 
     Deputy Secretary of Labor, Seth D. Harris, to reverse the 
     suspension of new student enrollments in order to protect the 
     opportunities provided to the nation's most disadvantaged 
     youth and to prevent further economic damage to the 
     communities served by the Job Corps: Now, therefore, be it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly, That the Legislature supports the United 
     States congressional action to reverse the suspension of new 
     student enrollments in the Job Corps, to prevent any limits 
     to student enrollment until other cost-saving measures have 
     been exhausted, and to maintain The full range of educational 
     and employment services provided by the Job Corps; and be it 
     further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-103. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging and requesting the 
     Department of Health and Hospitals examine the benefits of 
     routine nutritional screening and therapeutic nutrition 
     treatment for those who are malnourished or at risk for 
     malnutrition; to the Committee on Health, Education, Labor, 
     and Pensions.

                  Senate Concurrent Resolution No. 41

       Whereas, the National Black Caucus of State Legislators 
     (NBCSL) has established policy promoting the importance of 
     quality nutrition for all Americans in order to maintain 
     healthy, active, independent lifestyles; and
       Whereas, the NBCSL adopted policy supporting increased 
     access to quality nutrition and support for infants and 
     children, as passed by the United States Congress in 
     Resolution HHS-11-19; and
       Whereas, leading health and nutrition experts agree that 
     nutrition status is a direct measure of patient health and 
     that good nutrition and good patient health can keep people 
     healthy and out of institutionalized health care facilities, 
     thus reducing healthcare costs; and
       Whereas, inadequate or unbalanced nutrition, known as 
     malnutrition, is not routinely viewed as a medical concern in 
     this nation, and that malnutrition is particularly prevalent 
     in vulnerable populations, such as older adults, hospitalized 
     patients, or minority populations that statistically shoulder 
     the highest incidences of the most severe chronic illnesses 
     such as diabetes, kidney disease, and cardiovascular disease; 
     and
       Whereas, illness, injury, and malnutrition can result in 
     the loss of lean body mass, leading to complications that 
     impact good patient health outcomes, including recovery from 
     surgery, illness, or disease; the elderly lose lean body mass 
     more quickly and to a greater extent than younger adults and 
     weight assessment (body weight and body mass index) can 
     overlook accurate indicators of lean body mass; and
       Whereas, the American Nursing Association defines 
     therapeutic nutrition as the administration of food and 
     fluids to support the metabolic processes of a patient who is 
     malnourished or at high risk of becoming malnourished; and
       Whereas, access to therapeutic nutrition is critical in 
     restoring lean body mass such that it resolves malnutrition 
     challenges and, in turn, improves clinical outcomes, reduces 
     health care costs, and can keep people and our communities 
     healthy; and
       Whereas, despite the recognized link between good nutrition 
     and good health, nutritional screening and therapeutic 
     nutrition treatment have not been incorporated as routine 
     medical treatments across the spectrum of health care: Now, 
     therefore, be it
       Resolved, That the Legislature of Louisiana urges and 
     requests that the Department of Health and Hospitals examine 
     the benefits of routine nutritional screening and therapeutic 
     nutrition treatment for those who are malnourished or at risk 
     for malnutrition, as well as examine the benefits of 
     nutrition screening and therapeutic nutrition treatment as 
     part of the standard for evidenced-based hospital care; and 
     be it further
       Resolved, That the Legislature of Louisiana supports an 
     increased emphasis on nutrition through the reauthorization 
     of the Older Americans Act, as well as for Medicare 
     beneficiaries, to improve their disease management and health 
     outcomes; and be it further
       Resolved, That the Legislature of Louisiana is encouraged 
     that preventive and wellness services, such as counseling for 
     obesity and chronic disease management, are part of the 
     Essential Health Benefits package included in the Patient 
     Protection and Affordable Care Act; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the president of the United States, the vice president of the 
     United States, the secretary of the United States Senate and 
     the clerk of the United States House of Representatives, to 
     each member of the Louisiana delegation to the United States 
     Congress, and to the secretary of the Department of Health 
     and Hospitals.
                                  ____

       POM-104. A concurrent resolution adopted by the Legislature 
     of the State of Utah describing the impacts of the federal 
     Patient Protection and Affordable Care Act on Utah families, 
     insurers, health care providers, and the state; to the 
     Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 10

       Whereas, the federal Patient Protection and Affordable Care 
     Act and its companion legislation, the Health Care and 
     Education Reconciliation Act of 2010, referred to jointly as 
     ``the Affordable Care Act,'' ``the ACA,'' or ``Obamacare,'' 
     were enacted in March 2010;
       Whereas, under the ACA, Utah families, employers, 
     manufacturers, and insurers will pay at least 18 new or 
     increased taxes and fees that over 10 years will transfer 
     $500 billion from the private sector to the public sector, 
     suppressing economic growth and reducing employment in the 
     state;
       Whereas, hundreds of Utah medical device companies will be 
     subject to the ACA's excise tax on manufacturers and 
     importers of certain medical devices, without regard for 
     company profitability;
       Whereas, the tax will threaten the viability of many firms 
     and have a chilling effect on the very innovation needed to 
     drive down health care costs and support economic growth in 
     this state;
       Whereas, Utahns will suffer further reductions in 
     employment growth and economic activity as employers comply 
     with uncompensated regulatory burdens imposed by the ACA;
       Whereas, Utah families will also pay more for goods and 
     services as employers, insurers, and medical providers pass 
     along various costs imposed by the ACA;
       Whereas, health insurance premiums for certain younger, 
     healthier Utahns will more than double in 2014 as the result 
     of various ACA provisions, including a prohibition on medical 
     underwriting and restrictions on the use of age-based 
     premiums;

[[Page 12715]]

       Whereas, the cost of insurance for many other Utah families 
     will go up as well in response to ACA provisions that are 
     known to drive up costs, including prohibitions on pre-
     existing condition exclusions, annual benefit limits, and 
     lifetime benefit limits;
       Whereas, the ACA will penalize Utah employers that have 
     more than 50 employees if they do not offer health insurance 
     to their employees, even if an employer cannot afford 
     insurance or chooses instead to compensate employees with 
     higher wages, larger retirement contributions, or other 
     employee benefits;
       Whereas, working Utah families will have fewer full-time 
     employment opportunities as employers replace full-time 
     workers with part-time workers to avoid ACA penalties;
       Whereas, some Utah families will be unable to keep their 
     current health insurance and may have fewer options as 
     employers abandon plans not meeting minimum benefit and 
     affordability requirements in order to avoid ACA penalties;
       Whereas, working Utah families will find it even harder to 
     secure employment with health insurance benefits as premium 
     increases continue unabated in response to both the ACA and 
     long-term cost drivers not addressed by the ACA;
       Whereas, many Utahns will face increased premiums as their 
     insurers attempt to fund $81 million in losses created by the 
     ACA's transfer of individuals from publicly funded high-risk 
     pools to the private insurance market;
       Whereas, many Utah families with insurance offered by small 
     or midsize employers could be threatened with higher premiums 
     or no insurance at all if commercial insurance risk increases 
     too much as the result of employers dropping coverage or 
     switching to self-insurance arrangements;
       Whereas, there is a high likelihood that many Utah families 
     will experience higher premiums due to the ACA's minimum 
     benefit requirements, which threaten to ratchet up plan costs 
     both inside and outside health insurance exchanges;
       Whereas, Utah families will pay higher insurance premiums 
     because of ACA provisions that subsidize states with high-
     cost, poorly managed health care plans at the expense of 
     states like Utah that have low-cost, better managed plans;
       Whereas, Utah seniors will likely have fewer care options 
     due to Medicare provider payment reductions made by the ACA;
       Whereas, Medicaid enrollees will likely have greater 
     difficulty making appointments with health care providers as 
     Medicaid enrollment expands under the ACA, particularly after 
     the two-year enhanced reimbursement rate for primary care 
     providers ends;
       Whereas, Utah hospitals will suffer as a result of ACA 
     reductions in funds paid to hospitals that serve a 
     disproportionate number of low-income individuals;
       Whereas, Utah families will suffer if medical facilities 
     close or medical practitioners leave their professions in 
     response to the financial strain created by shrinking 
     provider payments under the ACA;
       Whereas, state funding for education, roads, public safety, 
     and other important services will be crowded by a $46 million 
     annual liability to pay for the ACA's mandatory Medicaid 
     eligibility expansion;
       Whereas, we and our children must one day pay the price for 
     entitlements Congress has created but failed to realistically 
     fund, including the ACA;
       Whereas, that price already includes tax increases and cost 
     shifting to our posterity, and will likely include benefit 
     reductions and even currency devaluation;
       Whereas, that price will tend to include the shifting of 
     greater fiscal responsibility for government programs--
     including Medicaid--from Washington to the states, even 
     further crowding out funding for education and other 
     essential state services;
       Whereas, the real cost of more Utahns having insurance 
     under the ACA will be a far greater dependence on government, 
     not less;
       Whereas, under an optional Medicaid expansion the state 
     would incur large, ongoing funding liabilities and both the 
     state and its citizens would be more dependent, not less 
     dependent, on a fiscally unsustainable federal government;
       Whereas, Utah has refused to exacerbate the federal fiscal 
     crisis by choosing not to implement the ACA's federally 
     subsidized health insurance exchange, which makes people 
     dependent on large government subsidies and gives priority to 
     publicly funded, rather than privately funded, coverage;
       Whereas, because of the ACA, Utah employers, insurers, and 
     health care providers will face more regulation, not less 
     regulation, and will have fewer options, not more options, 
     for addressing the underlying challenges faced by our health 
     care system;
       Whereas, notwithstanding the ACA's focus on preventive care 
     and its acknowledgment of alternative payment and delivery 
     systems, many Utahns will see little relief from premium 
     increases driven by underlying problems the ACA fails to 
     address, including reliance on payment and delivery systems 
     that promote over consumption of health care;
       Whereas, implementation of the ACA will tend to destroy the 
     private market for health insurance and move families, 
     insurers, and health care providers ever closer to a single-
     payer system of federally controlled health care;
       Whereas, the state, its citizens, employers, insurers, and 
     health care providers will all suffer as the ACA fails to 
     bring unsustainable health care spending under control and 
     metastasises instead into greater federal regulation and 
     control of not just health care, but most aspects of Utahns' 
     and Americans' daily lives and activities;
       Whereas, the ACA disregards state jurisdiction over health 
     care policy and constrains the state's efforts to develop and 
     implement meaningful health care reform; and
       Whereas, the Legislature and the Governor believe that 
     successful reform of health care's most vexing problems will 
     require more--not less--state flexibility and innovation: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urges the state's Congressional 
     delegation to continue its efforts to arrest the devastating 
     impacts of the ACA on Utah's economy, its citizens, its 
     employers, its medical providers, and its insurers, using all 
     means possible, including repeal of the act; and be it 
     further
       Resolved, That the Legislature and the Governor urge Utah's 
     Congressional delegation to work cooperatively with other 
     members of Congress and officials of this state and other 
     states to develop workable alternatives to the ACA that 
     encourage state innovation, preserve states' policy-making 
     jurisdiction and regulatory authority, and lead to greater 
     enrollment in affordable health insurance; be it further
       Resolved, That the Legislature and the Governor affirm by 
     this resolution the state's policy that no person in this 
     state should be required to either sponsor or enroll in 
     health insurance, particularly under threat of federal 
     penalty; and be it further
       Resolved, That the Legislature and the Governor urge the 
     Legislature's Health Reform Task Force to continue working 
     cooperatively with the Governor's Office to ensure that ACA 
     implementation rules address the needs of Utah families, 
     employers, health care providers, insurers, and insurance 
     regulators; and be it further
       Resolved, That the Legislature and the Governor urge all 
     stakeholders in Utah's health care system--including 
     families, employers, health care providers, and insurers--to 
     continue working cooperatively with the Governor and the 
     Legislature to develop state-based health care reforms with 
     the greatest potential for increasing consumerism, improving 
     quality of care, constraining spending growth, and promoting 
     enrollment in affordable health insurance, regardless of how 
     ACA implementation unfolds; be it further
       Resolved, That this resolution be sent to the United States 
     Secretary of Health and Human Services, the Governor, the 
     Legislature's Health Reform Task Force, Utah's Congressional 
     delegation, the Utah Health Policy Project and other consumer 
     advocacy groups, the Salt Lake Chamber of Commerce and other 
     employer associations, the Utah Hospital Association, the 
     Utah Medical Association, Utah insurers, the Utah Association 
     of Health Underwriters, and the Speakers and Presidents 
     presiding over the legislatures of each of the 49 other 
     states.
                                  ____

       POM-105. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the federal government to take 
     action to ensure continued funding of cancer education, 
     screening, and treatment services to victims of mill tailings 
     exposure; to the Committee on Health, Education, Labor, and 
     Pensions.

                  Senate Concurrent Resolution No. 10

       Whereas, the Rural Health Care Services Grant Program 
     Outreach, a federally funded project providing cancer 
     education, screening, and treatment services to those who are 
     victims of mill tailings exposure, resulted in the diagnosis 
     of 39 new cancers and 32 cases of precancerous polyps;
       Whereas, funding has been exhausted and program activities 
     halted, pending continued federal support;
       Whereas, the United States Secretary of Health and Human 
     Services should instruct the Health Resources and Services 
     Administration to fund cancer education, screening, and 
     treatment services to victims of mill tailings exposure until 
     2044, or until another equitable resolution can be reached 
     through the United States Department of Energy;
       Whereas, the assistance of Utah's congressional delegation 
     would help provide federal resources to ensure cancer 
     education, screening, and treatment services to victims of 51 
     mill tailings exposure through 2044;
       Whereas, the United States Attorney General's Office should 
     investigate the United States Department of Energy's federal 
     statutory limitations in providing cancer education, 
     screening, and treatment services to victims of mill tailings 
     exposure and offer suggestions for federal legislation;
       Whereas, the Office of the Utah Attorney General should 
     investigate the inclusion of victims of mill tailings 
     exposure in the Energy Employees Occupational Illness 
     Compensation Program Act, which provides medical benefits to 
     workers, contractors, subcontractors, and vendors at 
     specified Department of Energy facilities;

[[Page 12716]]

       Whereas, the Office of the Utah Attorney General should 
     investigate the inclusion of victims of mill tailings 
     exposure in the Radiation Exposure Compensation Act for their 
     onsite participation and exposure to radiation from the 
     uranium mill and its tailings; and
       Whereas, the United States Congress should direct Legacy 
     Management to provide from its budget an annual stipend for 
     victims of mill tailings exposure to use in establishing a 
     consistent cancer education, screening, and treatment 
     services program: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States Secretary 
     of Health and Human Services to instruct the Health Resources 
     and Services Administration to fund cancer education, 
     screening, and treatment services to victims of mill tailings 
     exposure until 2044 or until another equitable resolution can 
     be reached through the United States Department of Energy; 
     and, be it further
       Resolved, That the Legislature and the Governor urge Utah's 
     congressional delegation to help provide federal resources to 
     ensure cancer education, screening, and treatment services to 
     victims of mill tailings exposure through 2044. Be it further
       Resolved, That the Legislature and the Governor urge the 
     United States Attorney General's Office to investigate the 
     United States Department of Energy's federal statutory 
     limitations in providing cancer education, screening, and 
     treatment services to victims of mill tailings exposure and 
     offer suggestions for federal legislation. Be it further
       Resolved, That the Legislature and the Governor urge the 
     Office of the Utah Attorney General to investigate the 
     inclusion of victims of mill tailings exposure in the Energy 
     Employees Occupational Illness Compensation Program Act and 
     their inclusion in the Radiation Exposure Compensation Act 
     for their onsite participation and exposure to radiation from 
     the uranium mill and its tailings. Be it further
       Resolved, That the Legislature and the Governor urge the 
     United States Congress to direct Legacy Management to provide 
     from its budget an annual stipend for victims of mill 
     tailings exposure to use in establishing a consistent cancer 
     education, screening, and treatment services program. Be it 
     further
       Resolved, That a copy of this resolution be sent to Victims 
     of Mill Tailings Exposure, the Majority Leader of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the Office of Legacy Management, the Office 
     of the Utah Attorney General, the United States Attorney 
     General's Office, the United States Department of Energy, the 
     United States Secretary of Health and Human Services, the 
     Health Resources and Services Administration, and the members 
     of Utah's congressional delegation.
                                  ____

       POM-106. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii commemorating the twentieth 
     anniversary of Public Law 103-150; to the Committee on Indian 
     Affairs.

                   House Concurrent Resolution No. 6

       Whereas, in 1993, the United States Congress passed Public 
     Law 103-150 (the ``Apology Resolution''), acknowledging and 
     apologizing for the critical role of United States diplomats, 
     military forces, and citizens in the overthrow of the 
     sovereign Kingdom of Hawai`i; and
       Whereas, the Apology Resolution confirms that the actions 
     of United States agents in the overthrow and occupation of 
     the Hawaiian government violated treaties between the United 
     States and the sovereign Kingdom of Hawai`i, and norms of 
     international law; and
       Whereas, the Apology Resolution confirms that one million 
     eight hundred thousand acres of crown and government lands 
     were thereafter ceded to the United States without consent or 
     compensation to the Native Hawaiian people or their sovereign 
     government, as a result of the United States' annexation of 
     Hawai`i; and
       Whereas, the Apology Resolution recognizes that the Native 
     Hawaiian people never relinquished their claims to their 
     inherent sovereignty as a people or of their national lands 
     throughout the overthrow, occupation, annexation, and 
     admission of Hawai`i into the United States; and
       Whereas, the Apology Resolution recognizes that the health 
     and well-being of the Native Hawaiian people is intrinsically 
     tied to their deep feelings and attachment to the land; and
       Whereas, the Apology Resolution recognizes that the Native 
     Hawaiian people are determined to preserve, develop, and 
     transmit to their descendants, both their ancestral lands and 
     their cultural identity; and
       Whereas, the Apology Resolution acknowledges that the 
     overthrow has resulted in the suppression of the inherent 
     sovereignty of the Native Hawaiian people; and
       Whereas, the Apology Resolution apologizes to the Native 
     Hawaiian people on behalf of the people of the United States, 
     commends the efforts of reconciliation initiated by the State 
     of Hawaii and the United Church of Christ with the Native 
     Hawaiians, including the appropriation of funds to educate 
     the public regarding Hawaiian sovereignty; and
       Whereas, the State Legislature also passed Act 340, Session 
     Laws of Hawaii 1993, mandating that the lands and waters of 
     Kaho `olawe island be held in the public land trust, 
     directing the State to transfer management and control of 
     these lands and waters to the sovereign Native Hawaiian 
     entity upon its recognition by the United States and the 
     State of Hawai`i, and establishing the Kaho `olawe Island 
     Reserve Commission to manage these lands and waters in the 
     interim; and
       Whereas, the State Legislature passed Act 329, Session Laws 
     of Hawaii 1997, recognizing the deep sense of injustice felt 
     among many Native Hawaiians and others and affirming that 
     reconciliation with the Native Hawaiian people is desired by 
     all people of Hawai`i; and
       Whereas, in 2000, the Department of the Interior and the 
     Department of Justice published a report, ``From Mauka to 
     Makai: The River of Justice Must Flow Freely,'' which 
     formally initiated the federal government's efforts to 
     reconcile past injustices, and recognize and establish a 
     government-to-government relationship with the Native 
     Hawaiian people; and
       Whereas, in 2000 and 2002, the United States Congress 
     passed Public Law 106-568, the Hawaiian Homelands 
     Homeownership Act, and Public Law 107-110, the reenacted 
     Native Hawaiian Education Act, confirming the special 
     relationship between the federal government and the Native 
     Hawaiian people; and
       Whereas, in 2005, Hawai`i's entire congressional 
     delegation, including then-representative and current 
     Governor of Hawai`i, Neil Abercrombie, as well as the then-
     Hawai`i Governor, expressed to the United States Senate 
     Committee on Indian Affairs their unanimous support for self-
     governance and self-determination for Native Hawaiians; and
       Whereas, in Office of Hawaiian Affairs v. Housing and 
     Community Development Corporation of Hawaii (HCDCH), 117 
     Hawaii 174, 195 (2008), rev'd and remanded by 556 U.S. 163 
     (2009), the Supreme Court of the State of Hawai`i held that 
     ``the Apology Resolution and related state legislation . . . 
     give rise to the State's fiduciary duty to preserve the 
     corpus of the public lands trust, specifically, the ceded 
     lands, until such time as the unrelinquished claims of the 
     native Hawaiians have been resolved.''; and
       Whereas, in Office of Hawaiian Affairs v. HCDCH, 117 Hawaii 
     174, 216, the Supreme Court of the State of Hawai`i also 
     recognized the critical importance of the `aina to Hawaiian 
     people and stated, ``We firmly believe that, given the 
     `crucial importance [of the `aina or land to] the [n]ative 
     Hawaiian people and their culture, their religion, their 
     economic self-sufficiency, and their sense of personal and 
     community well-being,' any further diminishment of the ceded 
     lands (the 'aina) from the public lands trust will negatively 
     impact the contemplated reconciliation/settlement efforts 
     between native Hawaiians and the State''; and
       Whereas, the State Legislature passed Act 195, Session Laws 
     of Hawaii 2011, acknowledging that Native Hawaiians are the 
     only indigenous, aboriginal, maoli population of Hawai`i nei, 
     that the State of Hawai`i has a special political and legal 
     relationship with the Native Hawaiian people, that Native 
     Hawaiians have continued to maintain their identity as a 
     distinctly native political community with rights to self-
     determination, self-governance, and self-sufficiency, and 
     establishing a Native Hawaiian roll commission to maintain a 
     roll of qualified Native Hawaiians to facilitate Native 
     Hawaiian self-governance; Now, therefore, be it
       Resolved by the House of Representatives of the Twenty-
     seventh Legislature of the State of Hawaii, Regular Session 
     of 2013, the Senate concurring, That the Legislature hereby 
     commemorates the twentieth anniversary of the Apology 
     Resolution, recognizes the progress that has been made 
     towards reconciliation and Native Hawaiian self-governance 
     and self-determination, reaffirms the State's commitment to 
     reconciliation with the Native Hawaiian people for historical 
     injustices, urges the federal government to advance 
     reconciliation efforts with Native Hawaiians, and supports 
     efforts to further the self-determination and sovereignty of 
     Native Hawaiians; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     the Chief Justice of the Supreme Court of the United States, 
     the Chief Justice of the Supreme Court of Hawai`i, the 
     Governor of the State of Hawai`i, and the Chairperson of the 
     Board of Trustees of the Office of Hawaiian Affairs.
                                  ____

       POM-107. A resolution adopted by the General Assembly of 
     the State of New Jersey expressing strong opposition to the 
     recent United States Supreme Court decision in Citizens 
     United v. Federal Election Commission; to the Committee on 
     the Judiciary.

                       Assembly Resolution No. 86

       Whereas, A divided United States Supreme Court, in a 5-to-4 
     decision issued en January 21, 2010 in Citizens United v. 
     Federal Elections Commission, overturned two important

[[Page 12717]]

     precedents by lifting a 20-year ruling in Austin v. Michigan 
     Chamber of Commerce, that restricted campaign spending by 
     corporations in support of or in opposition to political 
     candidates; and
       Whereas, The Court also overturned part of its 2003 
     decision in McConnell v. Federal Elections Commission by 
     rejecting a large portion of the Bipartisan Campaign Reform 
     Act of 2002, commonly called McCain Feingold, which 
     restricted campaign spending by corporations and unions by 
     banning broadcast, cable or satellite transmissions of 
     electioneering communications paid for by corporations or 
     labor unions from their general funds in the 30 days before a 
     presidential primary and in the 60 days before the general 
     election; and
       Whereas, In his 80-page dissent in the Citizens United 
     case, Justice Stevens called the decision ``a radical change 
     in the law'' that ignores ``the overwhelming majority of 
     justices who have served on this court'' and stated that ``In 
     the context of election to public office, the distinction 
     between corporate and human speakers is significant . . . 
     [Corporations] cannot vote or run for office. Because they 
     may be managed and controlled by nonresidents, their 
     interests may conflict in fundamental respects with the 
     interests of eligible voters''; and
       Whereas, President Obama recently criticized the ruling as 
     ``a green light to a new stampede of special interest 
     money,'' and declared ``It is a major victory for big oil, 
     Wall Street banks, health insurance companies and the other 
     powerful interests that marshal their power every day in 
     Washington to drown out the voices of everyday Americans''; 
     and
       Whereas, Senator John McCain who co-wrote the 2002 campaign 
     reform law with Senator Russell Feingold, said he was 
     ``disappointed'' by the decision, and Senator Feingold called 
     the decision ``a terrible mistake'' ignoring ``important 
     principles of judicial restraint and respect for precedent''; 
     and
       Whereas, For decades, Congress has exercised its 
     constitutional authority to regulate elections by seeking to 
     prevent corporations and unions from exerting undue influence 
     or the appearance of undue influence over federal candidates; 
     and
       Whereas, It is fitting and proper for the [Senate] General 
     Assembly of this State to express its opposition to the 
     Citizens United decision and to call upon the Congress of the 
     United States to propose an amendment to the United States 
     Constitution to provide that, with respect to corporation 
     campaign spending, a person is only a natural person for 
     First Amendment protection of free speech; Now, therefore, be 
     it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly of the State of New Jersey 
     expresses strong opposition to the United States Supreme 
     Court ruling in Citizens United v. Federal Elections 
     Commission and calls upon the Congress of the United States 
     to propose an amendment to the United States Constitution to 
     provide that with regard to corporation campaign spending, a 
     person means only a natural person for First Amendment 
     protection of free speech.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested to by the 
     Clerk of the Assembly, shall be transmitted 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 to each member of the United States 
     Congress elected from this State.
                                  ____

       POM-108. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the United States Congress 
     to pass a constitutional amendment to reverse the ruling of 
     the United States Supreme Court in Citizens United v. Federal 
     Election Commission; to the Committee on the Judiciary.

                            Joint Resolution

       Whereas, United States Supreme Court rulings, beginning 
     with Buckley v. Valeo and continuing through Citizens United 
     v. Federal Election Commission and others, disproportionately 
     elevate the role of wealthy special interests in elections 
     and diminish the voices and influence of ordinary Americans; 
     and
       Whereas, Maine citizens wish to develop effective tools for 
     self-governance, including strong laws governing elections 
     and campaign finance; and
       Whereas, the current legal landscape severely constrains 
     the range of options available to citizens, frustrating 
     efforts to reduce the influence of moneyed interest in 
     elections and in government: Now, therefore, be it
       Resolved, That We, your Memorialists, hereby declare our 
     support for an amendment to the United States Constitution 
     regarding campaign finance that would reaffirm the power of 
     citizens through their government to regulate the raising and 
     spending of money in elections; and be it further
       Resolved, That We, your Memorialists, call upon each Member 
     of the Maine Congressional Delegation to actively support and 
     promote in Congress an amendment to the United States 
     Constitution on campaign finance; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-109. A joint resolution adopted by the Legislature of 
     the State of Tennessee urging the United States Congress to 
     adopt a balanced budget; to the Committee on the Judiciary.

                     Senate Joint Resolution No. 38

       Whereas, with each passing year our nation falls further 
     into debt as federal government expenditures repeatedly 
     exceed available revenue; and
       Whereas, the annual federal budget has risen to 
     unprecedented levels, demonstrating an unwillingness or 
     inability of both the Legislative and Executive branches of 
     federal government to control the federal debt; and
       Whereas, knowledgeable planning and fiscal prudence require 
     that the budget reflect all federal spending and that the 
     budget be in balance; and
       Whereas, fiscal discipline is a powerful means for 
     strengthening our nation; with less of America's future 
     financial resources channeled into servicing the national 
     debt, more of our tax dollars would be available for public 
     endeavors that reflect our national priorities, such as 
     education, health, the security of our nation, and the 
     creation of jobs; and
       Whereas, Thomas Jefferson recognized the importance of a 
     balanced budget when he wrote: ``The question whether one 
     generation has the right to bind another by the deficit it 
     imposes is a question of such consequence as to place it 
     among the fundamental principles of government. We should 
     consider ourselves unauthorized to saddle posterity with our 
     debts, and morally bound to pay for them ourselves.''; and
       Whereas, state legislatures overwhelmingly recognize the 
     necessity of maintaining a balanced budget; whether through 
     constitutional requirement or by statute, forty-nine states 
     require a balanced budget; and
       Whereas, the federal government's unlimited ability to 
     borrow involves decisions of such magnitude, with such 
     potentially profound consequences for the nation and its 
     people, today and in the future, that it is of vital 
     importance to the future of the United States of America that 
     a balanced budget be adopted on an annual basis: Now, 
     therefore, be it
       Resolved by the Senate of the One Hundred Eighth General 
     Assembly of the State of Tennessee, the House of 
     Representatives concurring, That we hereby strongly urge the 
     United States Congress to adopt a balanced federal budget on 
     an annual basis; and be it further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the President and the Secretary of the United 
     States Senate, the Speaker and the Clerk of the United States 
     House of Representatives, and each member of Tennessee's 
     Congressional delegation.
                                  ____

       POM-110. A concurrent resolution adopted by the Legislature 
     of the State of Oklahoma reaffirming the definition of 
     marriage as the union of one man and one woman; to the 
     Committee on the Judiciary.

                  House Concurrent Resolution No. 1009

       Whereas, marriage is the building block upon which our 
     society is based; and
       Whereas, on November 2, 2004, Oklahoma voters expressed 
     their collective intent to define marriage as the union of 
     one man and one woman by approving State Question 711 which 
     was an amendment to Article II of the Oklahoma Constitution; 
     and
       Whereas, the power to regulate marriage is a power reserved 
     to the states that lies within the domain of state 
     legislatures and not with the judicial branch of government; 
     and
       Whereas, the United States Supreme Court recently heard 
     oral arguments in two separate cases that challenge the 
     constitutionality of the federal Defense of Marriage Act and 
     the authority of states to regulate marriage; and
       Whereas, the Oklahoma Legislature commends the Honorable E. 
     Scott Pruitt, Attorney General of Oklahoma, for filing an 
     amicus curiae brief supporting Oklahoma's right to regulate 
     marriage: Now, therefore, be it
       Resolved by the House of Representatives of the 1st Session 
     of the 54th Oklahoma Legislature, the Senate Concurring 
     Therein, That the Oklahoma Legislature reaffirms its 
     commitment to define marriage as the union of one man and one 
     woman and urges the United States Supreme Court to uphold the 
     Defense of Marriage Act and the right of states to regulate 
     marriage. Be it further
       Resolved, That a copy of this resolution be distributed to 
     the President and Vice President of the United States and to 
     the Oklahoma Congressional Delegation.
                                  ____

       POM-111. A joint resolution adopted by the Legislature of 
     the State of California urging the federal government, 
     including the Department of Homeland Security and the General 
     Services Administration, to fund necessary improvements at 
     the San Ysidro,

[[Page 12718]]

     Calexico, and Otay Mesa Ports of Entry; to the Committee on 
     the Judiciary.

                    Assembly Joint Resolution No. 4

       Whereas, The United States, Canada, and Mexico signed the 
     North American Free Trade Agreement (NAFTA) in 1993 to foster 
     trade among the countries, and improve global 
     competitiveness; and
       Whereas, Trade between the United States and Mexico has 
     more than quintupled since the implementation of NAFTA, 
     totaling $500 billion in bilateral trade in 2011; and
       Whereas, Mexico continues to be California's number one 
     export market with $25.8 billion in goods exported to Mexico 
     in 2011, accounting for 16 percent of all California exports; 
     and
       Whereas, Ninety-nine percent of trade between California 
     and Mexico is carried by trucks; and
       Whereas, The SANDAG 2050 Comprehensive Freight Gateway 
     Study projects that the nearly two million trucks that 
     crossed the California-Mexico border in 2007 will increase to 
     nearly five million trucks in 2050. In 2011, over $33.5 
     billion in goods moved between Mexico and the United States 
     at the Otay Mesa Port of Entry and at the Tecate Port of 
     Entry; and
       Whereas, The San Diego and Imperial Counties' border 
     traffic congestion and delays cost the U.S. and Mexican 
     economies an estimated $8.63 billion in gross output and more 
     than 73,900 jobs in 2007; and
       Whereas, New land port of entry and improvement projects 
     are under federal jurisdiction with significant influence 
     over local communities; and
       Whereas, The San Ysidro-Puerta Mexico Land Port of Entry is 
     the busiest port of entry between the United States and 
     Mexico and is undergoing a major reconfiguration and 
     expansion project; and
       Whereas, The Otay Mesa-Mesa de Otay Land Port of Entry has 
     plans for the expansion and modernization of passenger and 
     commercial inspection facilities; and
       Whereas, The Calexico West Port of Entry also has plans to 
     renovate and expand the facility to process and expand its 
     operation for pedestrians and automobiles; and
       Whereas, The collaboration between federal, state, and 
     local agencies is essential for the development of border 
     infrastructure projects and security; and
       Whereas, The General Accountability Office and the 
     Department of Homeland Security estimate that $6 billion in 
     border infrastructure is needed to fulfill their mission of 
     preventing unlawful entry and smuggling while facilitating 
     legitimate trade and tourism; and
       Whereas, The need for improved border capacity and 
     efficiency comes at a time when traditional federal funding 
     is scarce and increasingly difficult to obtain; and
       Whereas, Since February 2009, Congress and the Obama 
     administration have not funded border infrastructure 
     projects; and
       Whereas, The San Ysidro project has a stated funding gap of 
     $285 million, the Calexico project needs $318 million to 
     complete construction, and the Otay Mesa project requires 
     $161 million for completion; and
       Whereas, Various agencies of the United States, including 
     the Department of Homeland Security and the General Services 
     Administration, should work with Congress to provide funding 
     to support these border infrastructure investments: Now, 
     therefore, be it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly, That the Legislature urges the federal 
     government, including the Department of Homeland Security and 
     the General Services Administration, to fund necessary 
     improvements at the San Ysidro, Calexico, and Otay Mesa Ports 
     of Entry; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-112. A joint resolution adopted by the Legislature of 
     the State of California urging the President to sign and 
     Congress to pass the Violence Against Women Reauthorization 
     Act; to the Committee on the Judiciary.

                    Assembly Joint Resolution No. 8

       Whereas, The federal Violence Against Women Act (VAWA) was 
     developed with the input of advocates from around the country 
     with diverse backgrounds and experiences, and addresses the 
     real and most important needs of victims of domestic 
     violence, sexual assault, dating violence, and stalking; and
       Whereas, VAWA represents the voices of women and their 
     families, and the voices of victims, survivors, and 
     advocates; and
       Whereas, VAWA was first enacted in 1994, and has been the 
     centerpiece of the federal government's efforts to stamp out 
     domestic and sexual violence. VAWA provides millions of 
     dollars to support programs for victim services, transitional 
     housing, and legal assistance, as well as tools that law 
     enforcement, prosecutors, and judges need to hold offenders 
     accountable and keep communities safe while supporting 
     victims; and
       Whereas, Domestic violence, sexual assault, dating 
     violence, and stalking, once considered private matters to be 
     dealt with behind closed doors, have been brought out of the 
     darkness; and
       Whereas, VAWA has been successful because it has had 
     consistently strong, bipartisan support for nearly two 
     decades; and
       Whereas, Senators Patrick Leahy and Mike Crapo and 
     Representative Gwen Moore have introduced identical 
     legislation, the Violence Against Women Reauthorization Act, 
     in their respective houses with language that includes 
     several updates and improvements to the law, including the 
     following:
       (a) An emphasis on the need to effectively respond to 
     sexual assault crime by adding new purpose areas and a 25-
     percent set-aside in the STOP (Services, Training, Officers, 
     and Prosecutors) Violence Against Women Formula Grant Program 
     (STOP Program) and the Grants to Encourage Arrest Policies 
     and Enforcement of Protection Orders Program.
       (b) Improvements in tools to prevent domestic violence 
     homicides by training law enforcement, victim service 
     providers, and court personnel to identify and manage high-
     risk offenders and connecting high-risk victims to crisis 
     intervention services.
       (c) Critical improvements that provide important 
     protections for students, immigrant women, as well as the 
     lesbian, gay, bisexual, and transgender and Native American 
     communities.
       (d) Improvements in responses to the high rate of violence 
     against women in tribal communities by strengthening 
     concurrent tribal criminal jurisdiction over perpetrators who 
     assault Indian spouses and dating partners in Indian 
     countries.
       (e) Measures to strengthen housing protections for victims 
     by applying existing housing protections to nine additional 
     federal housing programs.
       (f) Measures to promote accountability to ensure that 
     federal funds are used for their intended purposes.
       (g) Consolidation of programs and reductions in 
     authorization levels to address fiscal concerns, and renewed 
     focus on programs that have been most successful.
       (h) Technical corrections to update definitions throughout 
     the law to provide uniformity and continuity; and
       Whereas, There is a need to maintain services for victims 
     and families at the local, state, and federal levels. VAWA 
     reauthorization would allow existing programs to continue 
     uninterrupted, and would provide for the development of new 
     initiatives to address key areas of concern. These 
     initiatives include the following:
       (a) Addressing the high rates of domestic violence, dating 
     violence, and sexual assault among women 16 to 24 years of 
     age, inclusive.
       (b) Improving the response to sexual assault with best 
     practices, training, and communication tools for law 
     enforcement, as well as for health care and legal 
     professionals.
       (c) Preventing domestic violence homicides through enhanced 
     training for law enforcement, advocates, and others who 
     interact with those at risk: Now, therefore, be it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly,  That the Legislature requests the 
     President to sign and Congress to pass the Violence Against 
     Women Reauthorization Act and ensure the sustainability of 
     vital programs designed to keep women and families safe from 
     violence and abuse; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, to 
     each Senator and Representative from California in the 
     Congress of the United States, and to the author for 
     appropriate distribution.
                                  ____

       POM-113. A resolution adopted by the Senate of the State of 
     California recognizing the critical importance of continued 
     access to safe and legal abortion; to the Committee on the 
     Judiciary.

                        Senate Resolution No. 10

       Whereas, January 22, 2013, marks the 40th anniversary of 
     the United States Supreme Court's landmark decision in Roe v. 
     Wade, which held that every woman has a fundamental right to 
     control her own reproductive decisions and decide whether to 
     end or continue a pregnancy, and is an occasion that deserves 
     celebration; and
       Whereas, The 1973 Roe v. Wade decision, making access to 
     abortion safe and legal, has greatly improved the health of 
     women and families; and
       Whereas, Roe v. Wade has been the cornerstone of women's 
     remarkable strides toward equality in the past four decades, 
     and reproductive freedom is critical to a woman's ability to 
     participate fully in the social, political, and economic life 
     of the community; and
       Whereas, California is committed to protecting public 
     health and the welfare of all its residents, and recognizes 
     that access to reproductive health services, including family 
     planning and prenatal care, supports individuals and their 
     families by ensuring that babies are planned, wanted, and 
     healthy; and
       Whereas, The public policy of California, as expressed in 
     the Reproductive Privacy

[[Page 12719]]

     Act, and protected by the California Constitution's express 
     right to privacy, is that each woman has the fundamental 
     right to make decisions regarding her reproductive health; 
     and
       Whereas, California has a pioneering history in supporting 
     reproductive rights, including the California Supreme Court's 
     1969 decision in People v. Belous, recognizing that a woman's 
     decision to end a pregnancy is protected by her 
     constitutional right to privacy, four years prior to the 
     United States Supreme Court's decision in Roe v. Wade; and
       Whereas, In a democracy, people may have differing views 
     about abortion, but most Californians recognize that only a 
     pregnant woman can know, and should be entitled to decide, 
     what option is best for herself and her family; and
       Whereas, Over 75 percent of Californians oppose efforts to 
     overturn Roe v. Wade, which could create a public health 
     crisis if individual states made abortion illegal and unsafe; 
     and
       Whereas, The 2012 elections sent a powerful and 
     unmistakable message to Members of Congress and state 
     legislatures that women do not want politics or politicians 
     to interfere with their personal medical decisions; and
       Whereas, Violence against abortion providers and laws that 
     create barriers to abortion endanger a woman's health: Now, 
     therefore, be it
       Resolved by the Senate of the State of California, That on 
     the 40th anniversary of Roe v. Wade, the senate of the State 
     of California recognizes the critical importance of continued 
     access to safe and legal abortion and urges the President of 
     the United States and the Congress to protect and uphold the 
     intent and substance of the 1973 United States Supreme Court 
     decision in Roe v. Wade; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, to 
     each Senator and Representative from California in the 
     Congress of the United States, and to the author for 
     appropriate distribution.
                                  ____

       POM-114. A joint resolution adopted by the Legislature of 
     the State of Maine honoring the victims of the Boston 
     Marathon explosions; to the Committee on the Judiciary.

                            Joint Resolution

       Whereas, on April 15, 2013, multiple explosions at the 
     finish line of the 117th Boston Marathon, a horrific act of 
     terrorism, killed at least 3 people and injured more than 175 
     people; and
       Whereas, law enforcement's unprecedented response and 
     willingness to put their lives on the line to protect the 
     innocent and bring those responsible to justice is an 
     inspiration to us all; and
       Whereas, many of the victims of this tragedy, who are both 
     United States citizens and international visitors, are 
     friends and family members of athletes and spectators 
     celebrating community, sport and the intense effort and 
     sacrifice required to qualify for the Boston Marathon; and
       Whereas, many Americans and people of the world watched 
     with horror as the tragedy occurred and the day progressed; 
     and
       Whereas, heroic emergency medical technicians, police 
     officers, firefighters, members of the National Guard and 
     other first responders, as well as many marathon 
     participants, volunteers and spectators, saved lives while 
     putting themselves at risk; and
       Whereas, Maine and Massachusetts have a special historical, 
     economic and cultural relationship, extending back before our 
     Nation's founding, including our mutual celebration of 
     Patriot's Day as a state holiday, and scores of Maine people 
     run in the Boston Marathon every year: Now, therefore, be it
       Resolved, That We, the Members of the One Hundred and 
     Twenty-sixth Legislature now assembled in the First Regular 
     Session, on behalf of the people we represent, join the 
     people of Maine, the City of Boston, the Commonwealth of 
     Massachusetts and the rest of the United States in collective 
     sorrow and anguish; and be it further
       Resolved, That We, the Members of the One Hundred and 
     Twenty-sixth Legislature, stand united with the people of 
     Maine, the City of Boston, the Commonwealth of Massachusetts 
     and the rest of the United States against violence 
     perpetrated against innocents; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States, to the President of the United States Senate, to the 
     Speaker of the United States House of Representatives, to the 
     governors of the State of Maine and Commonwealth of 
     Massachusetts, the President of the Massachusetts Senate, the 
     Speaker of the Massachusetts House of Representatives and the 
     Mayor of the City of Boston.
                                  ____

       POM-115. A joint resolution adopted by the Legislature of 
     the State of Utah recommending a name for a new federal 
     courthouse; to the Committee on the Judiciary.

                      House Joint Resolution No. 9

       Whereas, a new federal courthouse is currently being 
     constructed at 351 South West Temple in Salt Lake City;
       Whereas, if this new structure is to bear the name of an 
     exemplary Utahn, it should be named after Justice George 
     Sutherland, the only Utahn to serve on the United States 
     Supreme Court;
       Whereas, to date, Justice Sutherland is Utah's most 
     accomplished attorney, public servant, and judge;
       Whereas, before joining the United States Supreme Court, 
     Sutherland was a renowned legal scholar and sage politician, 
     having served in the Utah State Senate, the United States 
     House of Representatives, and the United States Senate;
       Whereas, no past or present Utahn has done more for his 
     state or country, or accomplished more as a lawyer;
       Whereas, Sutherland was born in England in 1862 to converts 
     to the Church of Jesus Christ of Latter-day Saints (LDS);
       Whereas, Sutherland's family immigrated to Utah as part of 
     an oxcart company in October 1863;
       Whereas, the Sutherland family first settled in 
     Springville, Utah, and then moved to Tintic, Utah, where 
     George Sutherland, Sr. sold dry goods to miners;
       Whereas, George Sutherland, Sr. left the LDS Church in 
     1870, and young George was never baptized;
       Whereas, Sutherland recalled his boyhood as a ``period when 
     life was very simple, but, as I can bear testimony, very hard 
     as measured by present day standards. . . . Nobody worried 
     about child labor, the average boy of 10 worked--and often 
     worked very hard'';
       Whereas, Sutherland grew up in a time when everybody was 
     poor and everybody worked;
       Whereas, neither the 8-hour day nor the 40-hour week had 
     arrived, so work began when it was light enough to see and 
     ended when it became too dark;
       Whereas, Sutherland worked first in a clothing store in 
     Salt Lake City, then as a Wells Fargo agent and later as a 
     mining recording agent until age 17, when his family moved to 
     Provo;
       Whereas, Sutherland had no schooling from ages 12 to 17, 
     but because he was taught well by his parents, he entered the 
     Brigham Young Academy in 1879 as an excellent student and 
     writer;
       Whereas, at Brigham Young Academy, he flourished under the 
     tutelage of renowned headmaster Karl Maeser, who nurtured the 
     institution for decades;
       Whereas, at Brigham Young Academy, George Sutherland made 
     many lifelong friends, nearly all members of the LDS Church, 
     including Sam Thurman, who later became his law partner, 
     cofounder of the predecessor firm to Snow, Christensen & 
     Martineau, and a Utah Supreme Court Chief Justice; William H. 
     King, his future law partner and political opponent against 
     whom he ran for Congress in 1900 and the United States Senate 
     in 1916; and James E. Talmage and Richard Lyman, future 
     Apostles of the LDS Church;
       Whereas, at Brigham Young Academy, he met Rosamond Lee of 
     Beaver, Utah, and several years later they married;
       Whereas, George and Rosamond Sutherland were together for 
     nearly 60 years and had three children, a boy who died at 17 
     and two daughters who survived him;
       Whereas, Sutherland graduated from Brigham Young Academy in 
     1881 and attended the University of Michigan Law School for a 
     year, passed the Michigan Bar, and then married Rosamond and 
     moved to Provo, where he started a practice with his father, 
     by then a self-taught lawyer;
       Whereas, Sutherland once stated, ``I transacted all kinds 
     of business, both civil and criminal. A lawyer in a small 
     town can't pick and choose--public opinion demands that he 
     shall treat all men alike when they call for his services. I 
     often traveled on horseback in the mountains to try cases 
     before Justices of the Peace'';
       Whereas, Sutherland earned a well-deserved reputation as a 
     hardworking and honest family man who was smart, empathetic, 
     and kind;
       Whereas, in 1886, at age 24, his law partnership with Sam 
     Thurman began, and they were joined by William King two years 
     later;
       Whereas, as young lawyers, Sutherland and Thurman defended 
     nine Irish miners accused of lynching, a capital offense; all 
     were tried and convicted but none was executed--a victory for 
     Sutherland and Thurman;
       Whereas, Sutherland also represented many members of the 
     LDS Church charged with violating the Federal Edmund's Act 
     outlawing polygamy;
       Whereas, through these cases and his general character, he 
     earned respect within the LDS community and at the same time 
     received the political support of the non-LDS community;
       Whereas, Sutherland did not represent Karl Maeser when he 
     was convicted in 1887 of violating the Edmund's Act, but he 
     nonetheless appeared at Maeser's sentencing and made an 
     impassioned and successful plea to the Court not to jail 
     Maeser, citing his many accomplishments at Brigham Young 
     Academy;
       Whereas, the Court did not sentence Maeser to jail, but 
     fined him $300, which Sutherland immediately paid to the 
     Court;

[[Page 12720]]

       Whereas, as a young lawyer, Sutherland dove into public 
     service and politics;
       Whereas, from 1886 to 1890, Sutherland was an Overseer of 
     the State Hospital in Provo, and in 1890 he ran for Mayor of 
     Provo as a Liberal Party candidate on an antipolygamy 
     platform, and lost;
       Whereas, LDS-Church sanctioned polygamy ended in late 1890, 
     gutting the Liberal Party of its purpose, so Sutherland 
     became a Republican and narrowly lost the 1892 Republican 
     nomination for Congress;
       Whereas, Sutherland was gratified that Utah's new 
     Constitution provided for women's suffrage, a cause for which 
     he campaigned throughout his political career;
       Whereas, Sutherland's legal practice blossomed, and in 1894 
     he left Thurman & Sutherland and moved to Salt Lake City 
     where he joined the predecessor to the Van Cott law firm;
       Whereas, Sutherland helped form the Utah Bar Association in 
     1895, and in 1896 was elected to the first Utah State Senate, 
     where he chaired the Judiciary Committee, which drafted the 
     first Utah Judicial and Penal Codes;
       Whereas, Sutherland proposed the state's first State 
     Workers' Compensation Statute and laws granting eminent 
     domain to miners and those working in irrigation;
       Whereas, in 1900, Sutherland narrowly defeated Democrat and 
     former law partner William H. King for Utah's lone seat in 
     the United States House of Representatives;
       Whereas, Sutherland remained very active in state and 
     national Republican Party affairs, serving as a party 
     delegate from Utah to every Republican convention between 
     1900 and 1916;
       Whereas, in his only House term, Sutherland was 
     instrumental in passing the Reclamation Act, which allowed 
     Western water projects to be engineered and financed with 
     federal money, allowing the Western States to grow much 
     faster than if water projects had been left to private and 
     state financing;
       Whereas, Sutherland chose not to run for a second term and 
     resumed his practice with Van Cott;
       Whereas, in 1905, United States Senators were elected by 
     State Legislatures;
       Whereas, years earlier, Sutherland had represented United 
     States Senator Reed Smoot's father in a polygamy case and 
     now, with the endorsement of his friend and Senator, 
     Sutherland prevailed in an interparty fight with incumbent 
     Thomas Kearns;
       Whereas, Sutherland's two-term Senate career was stellar;
       Whereas, through his legal ability, affability, and hard 
     work, Sutherland accomplished much regarding women's 
     suffrage, workers' compensation, reclamation, Indian affairs, 
     and foreign policy;
       Whereas, Sutherland was the driving force behind the 
     Federal Employer Liability Act, which created a workers' 
     compensation system;
       Whereas, in support of the new system, Sutherland argued, 
     ``When we are able to get to the truth as to how these 
     accidents happen we will be able to apply the remedy with 
     greater certainty, so that the law is not only just in 
     providing compensation to all injured employees, one of the 
     legitimate expenses of the industry, but what is perhaps 
     still more important, it will tend to greatly reduce the 
     number of accidents and consequently the aggregate of human 
     suffering'';
       Whereas, Sutherland championed many other labor causes, 
     earning him the praise of Samuel Gompers, President of the 
     American Federation of Labor;
       Whereas, Sutherland's Judiciary Committee rewrote the 
     United States Criminal and Judicial codes, ``a monumental 
     task'' according to Chief Justice Charles Evans Hughes of the 
     United States Supreme Court;
       Whereas, in 1907, Sutherland's courtroom skills were well 
     displayed in the Senate where he mounted a detailed and 
     successful defense of Senator Reed Smoot when the Senate 
     considered expelling Smoot due to his religious and alleged 
     polygamous practices;
       Whereas, Sutherland sponsored the Nineteenth Amendment to 
     give women the right to vote in 1915 and exerted every effort 
     to assure its passage;
       Whereas, Sutherland gave several well received speeches 
     promoting the amendment, including a 1914 speech in which he 
     stated, ``I give my assent to woman suffrage because, as the 
     matter appeals to me, there is no justification for denying 
     to half our citizens the right to participate in the 
     operations of a government which is as much their government 
     as it is ours upon the sole ground that they happen to be 
     born women instead of men'';
       Whereas, Sutherland was not a pacifist, and contended that 
     security should be won through vigilance and strength;
       Whereas, when Germany's new submarine fleet attacked 
     shipping in the open sea, President Wilson's apparent 
     vacillation in 1915 gave rise to sham criticism from 
     Sutherland in the Senate, where he stated, ``. . . my own 
     view of the matter is that the new weapon [the submarine] 
     must yield to the law not that the law must yield to the new 
     weapon. . . . I for one am becoming sick and tired of the 
     spineless policy of retreat and scuttle. . . . Instead of 
     warning our own people to exercise their rights at their 
     peril I would like to see issued to other people a warning to 
     interfere with these rights at their peril. The danger of it 
     all is that by this policy of always backing down, instead of 
     backing up, we shall encourage an increased encroachment upon 
     our rights until we shall finally be driven into crises from 
     which nothing but war can extricate us'';
       Whereas, during his Senate years, Sutherland was frequently 
     engaged as a speaker on many public issues and he gained a 
     strong reputation as a constitutional scholar;
       Whereas, this reputation was enhanced by the fact that he 
     argued three cases before the United States Supreme Court 
     while serving in the Senate;
       Whereas, in 1915, Sutherland supported the Seventeenth 
     Amendment, which provided for popular election of United 
     States Senators;
       Whereas, in 1916, Sutherland ran for a third term against 
     his old law partner and friend, William King, and lost;
       Whereas, although Sutherland had not run a statewide 
     campaign for 16 years, his loss was likely due to the 
     coattail effect of the antiwar fervor that propelled 
     President Wilson to a second term, on the mantra that ``He 
     kept us out of war'';
       Whereas, many Republican candidates were badly defeated in 
     1916, but in his consoling words to William Howard Taft on 
     his loss of the presidential race, Sutherland stated, ``We 
     are to pass through a period of readjustment, and the present 
     administration, in view of its past history, is not likely to 
     deal with the serious problems which will arise in such a way 
     as to satisfy the country. The result will be, therefore, 
     that we shall come back into power for a long time'';
       Whereas, the Republicans won the next three presidential 
     elections;
       Whereas, after leaving the Senate, Sutherland practiced law 
     in Washington, D.C. and argued four cases before the United 
     States Supreme Court;
       Whereas, in 1917, Sutherland was elected President of the 
     American Bar Association and gave a series of six lectures at 
     Columbia University Law School on the Constitution and 
     foreign affairs;
       Whereas, always a keen political strategist, Sutherland 
     supported Warren G. Harding's seemingly unlikely but 
     successful bid for the Republican presidential nomination, 
     and after Harding was elected he appointed Sutherland as lead 
     counsel for the United States in a seven week trial at The 
     Hague;
       Whereas, Sutherland was also counsel to the United States 
     Delegation to the Armament talks of 1921;
       Whereas, on September 5, 1922, President Harding nominated 
     Sutherland for an open seat on the United States Supreme 
     Court and the Senate unanimously confirmed him the same day;
       Whereas, there was great public interest in and support for 
     Sutherland's appointment because he was the first Utahn to be 
     appointed, one of the few Senators to ascend to the bench, 
     only the fourth foreign born Justice to serve on the Court, 
     and the first to do so since 1793;
       Whereas, as he had throughout every aspect of his life, 
     Justice Sutherland worked very hard on the United States 
     Supreme Court;
       Whereas, in 15 years he wrote 295 majority opinions, 35 
     dissents, and 1 concurrence--an average of 20 majority 
     opinions per year, which is double the average production of 
     today's Supreme Court Justices;
       Whereas, Justice Sutherland's broad life experiences, 
     sobriety, hard work, and self-reliance brought a valuable 
     perspective to the Court;
       Whereas, Justice Sutherland's impoverished upbringing and 
     boyhood years filled with extremely hard work, combined with 
     his intellect and ambition, propelled him into the highest 
     echelon of power on the state and national levels, exposing 
     him to people from all walks of life;
       Whereas, Justice Sutherland's extensive experience in the 
     state and national legislative branches gave him a solid 
     foundation as a constitutional scholar and an expert in 
     governmental affairs;
       Whereas, having seen temporary factions spring to life from 
     time to time, claiming to have all the answers to society's 
     challenges only to fade away and leave in their wake ill-
     considered legislation that often infringed on individual 
     rights or violated other constitutional principles, Justice 
     Sutherland was wary of the tyranny of the majority;
       Whereas, Justice Sutherland challenged the Congress, the 
     President, and other courts in order to protect individual 
     rights or fundamental constitutional doctrines;
       Whereas, in 1935, in Berger v. United States, wherein an 
     Assistant U.S. Attorney was guilty of gross misconduct during 
     a criminal trial, Justice Sutherland eloquently set the 
     standard for prosecutorial misconduct when he wrote that the 
     misconduct called for a stern rebuke and repressive measures, 
     stating, ``The United States Attorney is the representative 
     not of an ordinary party to a controversy, but of a 
     sovereignty whose obligation to govern impartially is as 
     compelling as its obligation to govern at all; and whose 
     interest, therefore, in a criminal prosecution is not that it 
     shall win a case, but that justice shall be done. As such, he 
     is in peculiar and very definite sense the servant of the 
     law, the twofold name of which is that guilt shall not 
     escape, or innocents suffer. He may prosecute with 
     earnestness and vigor, indeed he should do so. But,

[[Page 12721]]

     while he may strike hard blows, he is not at liberty to 
     strike foul ones. It is as much his duty to refrain from 
     improper methods calculated to produce a wrongful conviction 
     as it is to use every legitimate means to bring about a just 
     one'';
       Whereas, this decision better clarified the prosecutor's 
     role and obligations and gave trial judges a clear directive 
     and authority to punish prosecutorial misconduct;
       Whereas, when Franklin D. Roosevelt overwhelmingly defeated 
     President Hoover in 1932, the Congress quickly passed many 
     acts to address the economic calamity, but the laws were not 
     thoroughly assessed from a constitutional point of view 
     before they were passed;
       Whereas, this led to scores of court challenges, and many 
     laws were struck down by unanimous vote in 1934, 1935, and 
     1936, while others were struck down by close votes on various 
     constitutional grounds;
       Whereas, the most controversial opinions that Justice 
     Sutherland wrote struck down portions of President Franklin 
     Delano Roosevelt's New Deal legislation;
       Whereas, after his landslide 1936 reelection, Roosevelt 
     proposed adding six Justices to the United States Supreme 
     Court, which Justice Sutherland saw as a roadblock to 
     economic recovery;
       Whereas, the political upheaval that the court-packing plan 
     sparked caused conservative Justice Owen Roberts to change 
     his votes and to uphold the New Deal legislation;
       Whereas, this switch of a vote and strong public opposition 
     to court-packing led to its defeat in the Senate and avoided 
     a constitutional, and perhaps a national, crisis;
       Whereas, Justice Sutherland was bitterly disappointed with 
     Justice Roberts's vote change, and when the Supreme Court 
     then reversed recent Supreme Court decisions, Sutherland 
     dissented sharply, contending that political expediency had 
     trumped constitutional principles;
       Whereas, much to the disappointment of moderates and 
     conservatives, Justice Sutherland retired in 1938;
       Whereas, humble to the end, Sutherland did not mention the 
     Supreme Court or his career in his last public address, the 
     Convocation of the BYU Class of 1941, but instead reminisced 
     about Utah in the 1860s and 70s, his daylong labors as a 
     child, and his education at his beloved Brigham Young 
     Academy;
       Whereas, above all he implored graduates to be vigilant 
     caretakers of their character, then to focus on career, 
     family, and church;
       Whereas, George Sutherland passed away in 1942;
       Whereas, this nation's heritage and good sense teach us to 
     honor distinguished and exemplary forefathers; and
       Whereas, other public servants may deserve the recognition 
     of having their names on the new federal courthouse, but none 
     deserves it more than George Sutherland: Now, therefore, be 
     it
       Resolved, That the Legislature of the state of Utah urge 
     the members of Utah's congressional delegation to work to 
     have the new federal courthouse in Salt Lake City named after 
     Justice George Sutherland; and be it further
       Resolved, That the Legislature urge the members of Utah's 
     congressional delegation to make this effort in recognition 
     of Justice Sutherland's lifetime of service to the citizens 
     of the state of Utah as a member of the Utah Senate and to 
     the United States as a member of the United States House of 
     Representatives, a member of the United States Senate, and 
     the only Utahn to serve on the United States Supreme Court, 
     and whose example of humility and integrity in public service 
     is unsurpassed; and be it further
       Resolved, That a copy of this resolution be sent to the 
     members of Utah's congressional delegation.
                                  ____

       POM-116. A concurrent resolution adopted by the Legislature 
     of the State of Utah supporting the Financial Ready Utah 
     enterprise risk management process; to the Committee on the 
     Judiciary.

                      Senate Concurrent Resolution

       Whereas, the Legislature of the state of Utah declares that 
     the nation's fiscal recklessness poses a great, clear, and 
     present threat to America's future;
       Whereas, David Walker, former Comptroller General of the 
     United States warns, ``The most serious threat to the United 
     States is not someone hiding in a cave in Afghanistan or 
     Pakistan, but our own fiscal irresponsibility'';
       Whereas, the federal government is now in its fourth year 
     of not passing a budget;
       Whereas, the national debt has now surpassed $16.4 
     trillion, more than $136,000 per household;
       Whereas, annual deficits have exceeded $1 trillion for each 
     of the last four years, and unfunded obligations for social 
     programs now exceed $85 trillion, with no apparent 
     Congressional resolution on the horizon;
       Whereas, it took 200 years for the United States to 
     accumulate the first trillion dollars in debt and only 286 
     days to accumulate the most recent trillion;
       Whereas, $85 billion per month of the national debt and 
     annual deficits are now offset through Federal Reserve 
     operations such as ``quantitative easing'' and ``operation 
     twist'';
       Whereas, more than 40 cents of every dollar the state of 
     Utah spends comes from the federal government that borrows 
     and prints more than 40 cents of every dollar it sends to 
     Utah;
       Whereas, last New Year's Eve, the United States Congress 
     merely delayed until March 1, 2013, the implementation of the 
     automatic cuts or ``sequestration'' of 8-9% of federal 
     discretionary spending, including funds to state and local 
     governments, and 10% of military spending under the Budget 
     Control Act of 2011;
       Whereas, in its recently released audit of the federal 
     government's financial statements, the Government 
     Accountability Office declared, ``Over the long term, the 
     structural imbalance between spending and revenue will lead 
     to continued growth of debt held by the public as a share of 
     GDP [Gross Domestic Product]; this means the current 
     structure of the federal budget is unsustainable'';
       Whereas, this fiscal scenario is by all accounts 
     unsustainable for the nation as well as for our state;
       Whereas, in May 2012, the American Institute of Certified 
     Public Accountants, in its review of the federal government's 
     most recent annual financial statements, warned, ``The U.S. 
     is not exempt from the laws of prudent finance. We must take 
     steps to put our financial house in order. The credit rating 
     agencies have recently issued renewed warnings of U.S. credit 
     downgrades unless substantive reforms are made. Our current 
     fiscal policy results in mortgaging our nation's future 
     without investing in it, leaving our children, grandchildren 
     and future generations to suffer the consequences. This is 
     irresponsible, unethical and immoral'';
       Whereas, restoring fiscal sanity and sustainability is at 
     the heart of jumpstarting economic growth and fostering a 
     business climate where companies can grow and begin to hire; 
     and
       Whereas, absent credible actions to address this fiscal 
     irresponsibility, uncertainty will continue to dominate 
     business decision making and economic recovery will languish: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, wholeheartedly supports the 
     Financial Ready Utah initiative of fostering within the state 
     of Utah an enterprise risk management process to assess the 
     immediacy, severity, and probability of risks from any 
     reductions of federal funds to the state of Utah and how the 
     state will marshal its resources, both human and capital, to 
     prioritize and provide the most essential government 
     services; and be it further
       Resolved, That the Legislature and the Governor strongly 
     urge local, state, and national representatives to take 
     immediate and sustained action to eliminate deficit spending 
     and secure economic self-reliance to the state of Utah and to 
     the United States;
       Resolved, That the Legislature and the Governor strongly 
     urge the President of the United States and the United States 
     Congress to pass a budget each year and adopt a credible and 
     sustainable plan to balance those budgets;
       Resolved, That the Legislature and the Governor strongly 
     urge Utah's towns, cities, and counties to adopt and 
     implement comprehensive financial risk management measures as 
     soon as possible;
       Resolved, That copies of this resolution be sent to the 
     Attorney General of the United States, the President of the 
     United States, the Majority Leader of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, the Utah Association of Counties, the Utah 
     League of Cities and Towns, Financial Ready Utah, the Utah 
     State Chamber of Commerce, the Utah Board of Regents, the 
     Utah State Board of Education, and the members of Utah's 
     congressional delegation.
                                  ____

       POM-117. A joint resolution adopted by the Legislature of 
     the State of Utah rejecting United Nations Agenda 21 and 
     urging state and local governments across the United States 
     to reject it; to the Committee on the Judiciary.

                     Senate Joint Resolution No. 11

       Whereas, the United Nations Agenda 21 was initiated at the 
     United Nations Conference on Environment and Development in 
     Rio de Janeiro, Brazil, in 1992;
       Whereas, the United Nations Agenda 21 is being introduced 
     into local communities across the United States through the 
     International Council of Local Environmental Initiatives, 
     through local ``sustainable development'' policies including 
     Smart Growth America, the Wildlands Project, and Center for 
     Resilient Cities;
       Whereas, the United Nations has accredited and enlisted 
     numerous nongovernmental and intergovernmental organizations 
     to assist in the implementation of its policies relative to 
     Agenda 21 around the world;
       Whereas, the United Nations Agenda 21 plan of sustainable 
     development views private property ownership, single family 
     homes, private car ownership, individual travel choices, and 
     privately owned farms as destructive to the environment;
       Whereas, according to the United Nations Agenda 21 policy, 
     social justice is described

[[Page 12722]]

     as the right and opportunity of all people to benefit equally 
     from the resources afforded citizens by society and the 
     environment, which would be accomplished by redistribution of 
     wealth;
       Whereas, according to United Nations Agenda 21 policy, 
     national sovereignty is deemed a social injustice;
       Whereas, Utah has a tradition of locally driven community 
     planning efforts dating back to the first settlers who laid 
     out a community plat that formed the basis for most of the 
     cities in Utah;
       Whereas, Utah regional planning efforts have focused on 
     citizen participation, local decision making, transparent 
     processes, sound technical data, response to market demand, 
     and respect for due process and private property;
       Whereas, Utah's Associations of Governments and Councils of 
     Governments are created and controlled by Utah counties, 
     cities, and towns, predate the adoption of Agenda 21 by more 
     than 20 years, and provide a forum for these local 
     governments to cooperate on issues of regional significance; 
     and
       Whereas, cooperative decision making that is locally driven 
     and controlled provides great benefits in terms of cost and 
     service delivery and continues to serve the state of Utah 
     well: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah rejects 
     United Nations Agenda 21, both its intent and its potential 
     for abuse; and be it further
       Resolved, That the Legislature urges Utah's state agencies 
     and political subdivisions to not adopt or implement policy 
     recommendations that deliberately or inadvertently infringe 
     or restrict private property rights without due process, as 
     may be required by policy recommendations originating in or 
     traceable to Agenda 21, adopted by the United Nations in 1992 
     at its Conference on Environment and Development, or any 
     other international law or ancillary plan of action that 
     contravenes the Constitution of the United States or the 
     Constitution of the state of Utah;
       Be it Further Resolved, That the Legislature urges Utah's 
     state agencies and political subdivisions to not adopt or 
     develop environmental and developmental policies that, 
     without due process, would infringe or restrict the private 
     property rights of property owners;
       Be it Further Resolved, That the Legislature urges state 
     and local governments across the United States to be well 
     informed regarding the underlying harmful implications of 
     implementing United Nations Agenda 21's strategies for 
     ``sustainable development.'';
       Be it Further Resolved, That the Legislature urges state 
     and local governments across the United States to not enter 
     into any agreement, expend any sum of money, contract 
     services, or give financial aid to those nongovernmental and 
     intergovernmental organizations affiliated with United 
     Nations Agenda 21;
       Be it Further Resolved, That the Legislature urges state 
     and local governments across the United States to reject 
     United Nations Agenda 21 and any grant money or financial aid 
     attached to it;
       Be it Further Resolved, That the Legislature of the state 
     of Utah supports the locally directed regional planning 
     efforts that are occurring in Utah and encourages other 
     states to look to the Utah model of collaboration that 
     protects local sovereignty and private property rights;
       Be it Further Resolved, That a copy of this resolution be 
     sent to the Council of State Governments, the National 
     Conference of State Legislatures, the National Association of 
     Counties, the United Nations General Assembly, the Wildlands 
     Project, Smart Growth America, Center for Resilient Cities, 
     the International Council of Local Environmental Initiatives, 
     the Utah Association of Counties, the Utah League of Cities 
     and Towns, the Majority Leader of the United States Senate, 
     the Speaker of the United States House of Representatives, 
     and the members of Utah's congressional delegation.

                          ____________________