[Congressional Record (Bound Edition), Volume 160 (2014), Part 4]
[Senate]
[Pages 5875-5878]
[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-210. A concurrent resolution adopted by the Legislature 
     of the State of Michigan urging the Congress of the United 
     States to repeal section 1502 of the Dodd-Frank Wall Street 
     Reform and Consumer Protection Act; to the Committee on 
     Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 19

       Whereas, In response to the 2008 economic recession, the 
     Dodd-Frank Wall Street Reform and Consumer Protection Act was 
     enacted in July 2010 to increase accountability and improve 
     transparency in the nation's financial system. Among its 
     provisions, section 1502 of the act creates new reporting 
     requirements for publically traded companies that produce 
     products containing gold, tin, tantalum, or tungsten, known 
     as ``conflict minerals.'' These reporting requirements and 
     their public disclosure are meant to deter the purchase of 
     conflict minerals from the Democratic Republic of the Congo 
     (DRC) and the surrounding nations of Central Africa Republic, 
     South Sudan, Zambia, Angola, the Republic of the Congo, 
     Tanzania, Burundi, Rwanda, and Uganda; and
       Whereas, The final rules on section 1502, issued by the 
     United States Securities and Exchange Commission (SEC), 
     taking effect May 31, 2014, is exceedingly complex and 
     detrimental to American manufacturers, creating new, overly 
     taxing compliance costs, especially for American small 
     businesses, as well as unrealistic and burdensome reporting 
     requirements. The new rules require publically traded 
     manufacturers to trace conflict minerals through their entire 
     supply chain, all the way back to the smelter. The SEC 
     estimates the initial cost of compliance to be between $3 
     billion and $4 billion, with annual costs thereafter between 
     $207 million and $609 million. However, the National 
     Association of Manufacturers estimates total costs to be $16 
     billion; and
       Whereas, The SEC rule on conflict minerals jeopardizes 
     Michigan's unparalleled efforts to restructure, create an 
     improved business environment, and recover jobs lost during 
     the recent recession. According to the Bureau of Labor and 
     Statistics, as of October of this year, our unemployment rate 
     of 9 percent ranked 48th among the states, 1.7 percent higher 
     than the nation's average. Moreover, the stalwart of the 
     Michigan economy--manufacturing--is still recovering. The 
     state of Michigan condemns the human rights violations 
     occurring in the DRC and surrounding nations. However, 
     absorbing the exorbitant costs of complying with section 1502 
     will undermine our footing in the ongoing battle to grow 
     manufacturing jobs; now, therefore, be it
       Resolved by the House of Representatives (The Senate 
     Concurring), That we urge the Congress of the United States 
     to repeal section 1502 of the Dodd-Frank Wall Street Reform 
     and Consumer Protection Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the Chairman of the United States 
     Securities and Exchange Commission, and the members of the 
     Michigan congressional delegation.
                                  ____

       POM-211. A joint memorial adopted by the Legislature of the 
     State of Washington urging Congress to update and amend the 
     Communications Decency Act; to the Committee on Commerce, 
     Science, and Transportation.

                       Senate Joint Memorial 8003

       Whereas, The Communications Decency Act was enacted in 
     1996, nearly seventeen years ago when the internet was still 
     in a fledgling state and accessible only to about twenty 
     million Americans; and
       Whereas, The internet of 1996 would be largely 
     unrecognizable in 2013, lacking nearly all of the popular 
     sites of today, such as YouTube, Google, Twitter, Facebook, 
     Wikipedia, Craig's List, and Backpage.com; and
       Whereas, Today, the internet makes it possible for 
     companies such as Backpage.com to earn millions of dollars 
     annually from the sale of location-specific internet 
     advertisements, some of which directly facilitate the sex 
     trafficking of minors and other victims; and
       Whereas, Section 230 of the Communications Decency Act 
     assures internet service providers like Backpage.com nearly 
     complete immunity from liability for the significant and 
     known role they play in promoting today's sex trafficking 
     industry through the sale and distribution of adult escort 
     advertisements on the internet; and
       Whereas, When the Communications Decency Act was written in 
     1996, section 230 was intended to encourage internet service 
     providers to promote the growth of the internet without 
     incurring liability for third-party communications during a 
     time when the average American with internet access spent 
     thirty minutes each month on the web, compared with today's 
     average of twenty-seven hours per month; and
       Whereas, The internet has evolved in ways few expected, 
     making section 230 of the Communications Decency Act now 
     outdated within the context, scope, and capability of today's 
     internet to instantly disseminate information and facilitate 
     rapid communication; and
       Whereas, Without a change to section 230 of the 
     Communications Decency Act, states remain powerless to enact 
     meaningful reforms to hold accountable those internet service 
     providers who profit from the sale of adult escort 
     advertisements while turning a blind eye to their role in 
     facilitating crimes against children and refusing to 
     implement any bona fide measures to verify the age of persons 
     featured in those advertisements;
       Now, therefore, Your Memorialists respectfully pray that 
     Congress update and amend the Communications Decency Act to 
     reflect the current scope and power of the internet, to 
     acknowledge the publisher-like role of companies like 
     Backpage.com who profit from the sale and distribution of 
     advertisements on the internet, and to authorize states to 
     enact and enforce laws holding internet service providers 
     responsible when they knowingly facilitate child sex 
     trafficking through the sale of adult escort advertisements. 
     Be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable Barack Obama, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-212. A joint resolution adopted by the Legislature of 
     the State of Wyoming urging Congress to require the federal 
     Environmental Protection Agency to respect the primacy of 
     Wyoming in developing guidelines for regulating carbon 
     dioxide emissions; to the Committee on Environment and Public 
     Works.

                    Senate Joint Resolution No. 0001

       Whereas, a reliable and affordable energy supply is vital 
     to Wyoming's economic growth, jobs, and the overall interests 
     of its citizens; and
       Whereas, Wyoming supports an all-the-above energy strategy 
     because it is in the best interests of the state of Wyoming 
     and the nation; and
       Whereas, the United States has abundant supplies of coal 
     and natural gas that provide economic and energy security 
     benefits; and
       Whereas, carbon regulations for existing power plants could 
     threaten the affordability and reliability of Wyoming's 
     electricity supplies and therefore threaten the wellbeing of 
     its citizens; and
       Whereas, the U.S. Energy Information Administration 
     projects that U.S. electric sector carbon dioxide emissions 
     will be fourteen percent (14%) below 2005 levels in 2020; and
       Whereas, on June 25, 2013, the President directed the 
     Administrator of the U.S. Environmental Protection Agency 
     (EPA) to issue standards, regulations or guidelines to 
     address carbon dioxide emissions from new, existing, modified 
     and reconstructed fossil-fueled power plants; and
       Whereas, the President expressly recognized that states 
     ``will play a central role in establishing and implementing 
     carbon standards for existing power plants;'' and
       Whereas, the Clean Air Act requires EPA to establish a 
     ``procedure'' under which each state shall develop a plan for 
     establishing and implementing standards of performance for 
     existing sources within the state; and
       Whereas, the Clean Air Act expressly allows states in 
     developing and applying such standards of performance ``to 
     take into consideration, among other factors, the remaining 
     useful life of the existing source to which such standard 
     applies;'' and
       Whereas, EPA's existing regulations provide that states may 
     adopt ``less stringent emissions standards or longer 
     compliance schedules'' than EPA's guidelines based on factors 
     such as ``unreasonable cost of control,'' ``physical 
     impossibility of installing necessary control equipment,'' or 
     other factors that make less stringent standards or longer 
     compliance times ``significantly more reasonable;'' and
       Whereas, it is in the best interest of electricity 
     consumers in Wyoming to continue to benefit from reliable, 
     affordable electricity provided by coal and natural gas-based 
     electricity generating plants: Now, therefore be it:

[[Page 5876]]

       Resolved by the members of the legislature of the State of 
     Wyoming:
       Section 1. That Wyoming urges EPA, in developing, 
     guidelines for regulating carbon dioxide emissions from 
     existing power plants, to respect the primacy of Wyoming and 
     to take into account the unique policies, energy needs, 
     resource mix and economic priorities of Wyoming and other 
     states.
       Section 2. That EPA should issue guidelines and approve 
     state-established performance standards that are based on 
     reductions of carbon dioxide emissions that are practical and 
     achievable by measures undertaken at fossil-fueled power 
     plants.
       Section 3. That Wyoming and other states should be given 
     maximum flexibility by EPA to implement carbon dioxide 
     performance standards for fossil-fueled power plants within 
     their jurisdiction.
       Section 4. That the Secretary of State of Wyoming transmit 
     copies of this resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress and to 
     the Wyoming Congressional Delegation.
                                  ____

       POM-213. A joint memorial adopted by the Legislature of the 
     State of Washington urging the President of the United States 
     and Congress to pass and sign into law legislation reforming 
     the harbor maintenance tax; to the Committee on Environment 
     and Public Works.

                 Substitute Senate Joint Memorial 8007

       Whereas, The federal harbor maintenance tax is not 
     collected on trans-pacific cargo shipped to the United States 
     via rail or roads; and
       Whereas, This noncollection of the harbor maintenance tax 
     is an incentive to divert cargo away from United States 
     ports; and
       Whereas, The federal maritime commission inquiry into the 
     harbor maintenance tax found that up to half of United States 
     bound containers coming into Canada's west coast ports could 
     revert to using United States west coast ports if United 
     States importers were relieved from paying the tax; and
       Whereas, Current United States law does not require the 
     revenues raised through the harbor maintenance tax to be 
     fully spent on harbor maintenance related investments; and
       Whereas, The geography of harbor maintenance tax 
     expenditures does not correlate with the states where harbor 
     maintenance revenues are generated; and
       Whereas, The balance of the harbor maintenance trust fund 
     has grown to over seven billion dollars;
       Now, Therefore, Your Memorialists respectfully pray that:
       (1) Congress pass and the president sign legislation 
     reforming the harbor maintenance tax; and
       (2) Such legislation provide for full use of all harbor 
     maintenance tax revenues, ensure United States tax policy 
     does not disadvantage United States ports and maritime cargo, 
     and provide greater equity for harbor maintenance tax donor 
     ports through limited expanded use of the harbor maintenance 
     revenues. Be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable Barack Obama, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-214. A joint resolution adopted by the Legislature of 
     the State of Wyoming requesting Congress to support Taiwan's 
     participation in appropriate international organizations and 
     to resume free trade talks with Taiwan; to the Committee on 
     Finance.

                    House Joint Resolution No. 0001

       Whereas, Taiwan, the United States, and in particular the 
     State of Wyoming share a historical and close relationship 
     marked by strong bilateral trade educational and cultural 
     exchange, and tourism; and
       Whereas, Taiwan shares with the United States and the State 
     of Wyoming the common values of freedom, democracy, human 
     rights, and rule of law; and
       Whereas, the United States ranks as Taiwan's third largest 
     trading partner, Taiwan is the tenth largest trading partner 
     of the United States and bilateral trade reached $67.2 
     billion in 2011; and
       Whereas, Taiwan and the State of Wyoming have enjoyed a 
     long and mutually beneficial relationship with the prospect 
     further growth; and
       Whereas, the United States on November 1, 2012, officially 
     included Taiwan in its Visa Waiver Program, allowing Taiwan's 
     citizens to travel to the United States for tourism or 
     business for stays of ninety (90) days or less without being 
     required to obtain a visa, and the program will increase 
     tourism and business between Taiwan and the United States, 
     particularly Wyoming, with the prospect of thirty percent 
     (30%) to forty percent (40%) growth of Taiwanese travelers to 
     the United States in 2013, rising from four hundred thousand 
     (400,000) Taiwanese travelers in 2011; and
       Whereas, the issue of U.S. beef exports to Taiwan has been 
     settled, and the resumption of trade talks on the Trade and 
     Investment Framework Agreement and the signing of the Free 
     Trade Agreement between Taiwan and the United States will not 
     only help to forge a closer relationship but will also create 
     greater benefits and well-being for the State of Wyoming and 
     boost Taiwan's chances to enter the Trans-Pacific 
     Partnership; and
       Whereas, President Ma Ying-jeou has worked tirelessly to 
     uphold democratic principles in Taiwan, ensure the prosperity 
     of Taiwan's twenty-three million citizens, promote Taiwan's 
     international standing as a responsible member of the 
     international community, increase participation in 
     international organizations, dispatch humanitarian missions 
     abroad and further improve relations between the United 
     States and Taiwan; and
       Whereas, Taiwan, as a willing and contributing member of 
     the world community, has made countless contributions of 
     technical and financial assistance in the wake of Hurricane 
     Sandy and other natural disasters worldwide. Now therefore, 
     be it
       Resolved by the members of the Legislature of the State of 
     Wyoming:
       Section 1. That Wyoming reaffirms its commitment to the 
     strong and deepening relationship between Taiwan and the 
     State of Wyoming.
       Section 2. That Wyoming supports Taiwan's appropriate 
     participation in international organizations that impact the 
     health, safety, and well-being of Taiwan.
       Section 3. That Wyoming welcomes the resumption of trade 
     talks on the Trade and Investment framework Agreement, 
     welcomes the signing of the Free Trade Agreement between 
     Taiwan and the United States in the process of closer 
     economic integration, and supports Taiwan's participation in 
     the Trans-Pacific Partnership.
       Section 4. That the Secretary of State of Wyoming transmit 
     copies of this resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress and to 
     the Wyoming Congressional Delegation.
                                  ____

       POM-215. A resolution adopted by the Legislature of Guam 
     requesting the President of the United States, the House of 
     Representatives, the Senate, and the Secretary of Health and 
     Human Services further consider and amend the provisions of 
     the Patient Protection and Affordable Care Act to facilitate 
     its equitable implementation in the territories; to the 
     Committee on Finance.

                      Resolution No. 316-32 (COR)

       Whereas, the Patient Protection and Affordable Care Act 
     (PPACA) is intended to promote healthcare for millions of 
     Americans in the fifty (50) states and the District of 
     Columbia, by providing access to affordable healthcare, 
     ensuring quality through market reforms, and advancing 
     prevention and public health; and
       Whereas, existing health insurance providers in the U.S. 
     offshore territories shall have to meet higher standards of 
     minimum coverage pursuant to the market reforms, which 
     include: essential health benefits, guaranteed issue, 
     guaranteed renewability, prohibitions on excluding 
     preexisting conditions, adjusted community rating, and other 
     consumer protections; and
       Whereas, the PPACA also seeks to set up a healthcare 
     exchange system nation-wide, through which Americans could 
     buy or purchase not only affordable coverage, but coverage 
     with better essential health benefits; and
       Whereas, to help accomplish this in the fifty (50) states 
     and Washington, D.C., the PPACA additionally provides the 
     means to partially offset the states' costs of operating the 
     exchanges, or the optional implementation of an equivalent 
     qualifying program, through what are known as the individual 
     and business mandates, as provided pursuant to specific 
     applicable excise tax provisions of the Internal Revenue 
     Code; and
       Whereas, the Public Health Services Act (PHSA), that 
     includes benefits for the territories, provides that, ``The 
     term ``State'' means each of the several States, the District 
     of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
     Samoa, and the Northern Mariana Islands'' (PHSA 2791(d)(14)); 
     and
       Whereas, in Title I of the PPACA, it amends the PHSA, and 
     provides that, ``In this Title, the term ``State'' means each 
     of the 50 States and the District of Columbia'' (ACA 
     1304(d)); and
       Whereas, the U.S. Department of Health and Human Services 
     has determined that PPACA's Public Health Service Act 
     provisions, to include market reforms (e.g., guaranteed 
     issue, guaranteed renewability, prohibitions on preexisting 
     condition exclusions, essential health benefits, adjusted 
     community rating, and other consumer protections), will apply 
     to health insurance coverage sold in the territories; and
       Whereas, the U.S. Department of Health and Human Services 
     has determined that PPACA's individual and business mandates 
     are not applicable to Guam; and
       Whereas, the individual and business mandates are necessary 
     to help offset the costs of anticipated increases in health 
     insurance premiums, the implementation of which is directly 
     impeded by the exclusion, and is further exacerbated; and
       Whereas, the selective inclusion or denial of applicability 
     to Guam places Guam in an

[[Page 5877]]

     untenable position, insofar that the market reforms are 
     applicable, but the means to partially fund it through the 
     individual and business mandates are specifically excluded; 
     and
       Whereas, the PPACA's inequitable and unequal applicability 
     to America's off-shore territories will likely have the 
     unintended opposite impact of driving up the cost of 
     healthcare coverage if certain provisions are not amended so 
     as to properly include or exempt the territories to the 
     extent necessary and realistically practicable; and
       Whereas, the Attorney General of Guam has raised in his 
     response to a Legislative inquiry (LEG 12-0708), that the 
     government could find itself liable, and stated, in part, 
     ``If we establish an Exchange, Guam will have to pay the 
     Advance Premium Tax Credit under U.S.C.A. Sec. 36B. This is 
     an unfunded mandate that Guam has to pay and it has been 
     estimated that this will cost Guam 74 Million Dollars per 
     year. If Guam does not establish an Exchange, there is the 
     possibility that a class action lawsuit could be brought for 
     payment of this credit much like the Earned Income Tax Credit 
     lawsuit in the past''; and
       Whereas, Guam's Insurance Commissioner has estimated that 
     it would cost the government of Guam a minimum of 74 Million 
     Dollars annually to cover the eligible members in an 
     exchange, yet Guam's share of the startup appropriation under 
     the PPACA is only 24 Million Dollars, which is a one-time 
     subsidy and is not an annually recurring appropriation, a 
     situation that, ``if a territory elects to implement health 
     insurance exchanges, they will receive a limited allotment of 
     subsidy funding that only covers a fraction of needed funds'' 
     (see NAIC--October 16, 2013, letter to Secretary); and
       Whereas, the individual and business mandates are tied into 
     specific excise tax provisions of the Internal Revenue Code, 
     which are not applicable to Guam, and it must be duly noted 
     that Section 31 of the Organic Act (48 U.S.C.) was enacted by 
     the Congress primarily to relieve the U.S. Treasury of making 
     direct appropriations to the government of Guam. Although 
     Congress delegated collection and enforcement function of the 
     income tax to the government of Guam, the government of Guam 
     is powerless to vary the terms of the Internal Revenue Code 
     as applied to Guam, except as permitted by Congress. [Bank of 
     America v. Chaco, C.A. Guam 1976, 539 F 2d 1226]; and
       Whereas, pursuant to the taxation limitations established 
     in the Organic Act of Guam, as previously provided by the 
     U.S. Congress in 1950, Guam is now prevented from 
     unilaterally implementing under local law the individual and 
     business mandates, by way of Guam's implementation of the 
     mirrored excise tax provisions taken from the Internal 
     Revenue Code and established under local law; and
       Whereas, Guam's four domestic health insurance carriers 
     have stated, in a January 23, 2014 briefing before the Guam 
     Legislature, that the resulting impact of the PPACA market 
     reforms will cause carriers to raise premium rates to offset 
     the costs of implementing the applicable market reforms; and
       Whereas, although the PPACA is intended to increase access 
     to affordable healthcare for millions of Americans in the 
     fifty (50) states and the District of Columbia, it will have 
     the unintended opposite impact for Americans in the off-shore 
     U.S. territory of Guam; and
       Whereas, the National Association of Insurance 
     Commissioners (NAIC) has duly considered the impact to the 
     U.S. territories, and has stated, in a letter to the U.S. 
     Secretary of Health and Human Services, dated October 16, 
     2013, ``We urge you . . . to provide the Territories with the 
     flexibility that they need to determine whether and how the 
     market reforms should be applied''; and
       Whereas, the NAIC paper further states, ``Though the 
     statute itself is unclear, (HHS) has determined that the 
     ACA's market reforms will apply to health insurance coverage 
     sold in the territories, while the individual and employer 
     mandates will not. If a territory elects to implement health 
     insurance exchanges, they will receive a limited allotment of 
     subsidy funding that only covers a fraction of needed funds. 
     As a result, the threat of adverse selection driving up 
     premiums is much higher than it is in the states''; and
       Whereas, the Guam Legislature takes due note of the NAIC 
     paper which highlights ``the often-stated position taken by 
     the ACA's congressional sponsors and the administration that 
     these reforms are not possible without the individual mandate 
     and the subsidies''; and
       Whereas, the Guam Legislature supports the veracity of the 
     information provided, and endorses the statement, findings 
     and arguments put forward by the NAIC to the Secretary; and
       Whereas, Guam's inability to participate is not from an 
     unwillingness on our part, but, rather, from a failure to 
     duly consider the situation of Guam, the size of our 
     population and insurance risk pool, our economy, and the 
     conflicting statutes and unfunded mandates the Congress has 
     unilaterally established; and
       Whereas, the American citizens of the off-shore U.S. 
     territory of Guam must not be excluded from the opportunity 
     to be legitimately included in the PPACA; and
       Whereas, it would only prove just and proper for the 
     Secretary of the U.S. Department of Health and Human 
     Services, and the honorable Members of the U.S. House of 
     Representatives and the U.S. Senate, to duly consider the 
     issues and matters raised in this Resolution; and
       Whereas, at the urging and request of Americans in the 
     respective fifty (50) states and District of Columbia, 
     numerous extensions and accommodations have been granted by 
     the administration and the Secretary of the U.S. Department 
     of Health and Human Services, yet no extensions or 
     accommodations have been provided to the Americans in the 
     off-shore U.S. territories; now therefore, be it
       Resolved, that I Mina'Trentai Dos Na Liheslaturan Guahan 
     (the 32nd Guam Legislature) does hereby, on behalf of the 
     people of Guam, request that the President of the United 
     States, the U.S. House of Representatives, the U.S. Senate, 
     and the Secretary of the U.S. Department of Health and Human 
     Services further consider and amend, as necessary, the 
     provisions of the PPACA so as to facilitate its equitable 
     implementation in the territories, which must be inclusive of 
     a determination to:
       1. Include Guam in the mandates and provide for the phased-
     in applicability of the provisions of the PPACA, and fully 
     provide the correlated premium subsidies and additional 
     Medicaid subsidies; and
       2. Finally address the October 16, 2013 letter the National 
     Association of Insurance Commissioners (NAIC) sent to 
     Secretary Kathleen Sebelius, U.S. Department of Health and 
     Human Services, regarding the inequities and challenges that 
     Guam and other U.S. territories are facing with the 
     implementation of PPACA; and be it further
       Resolved, that the Speaker certify, and the Legislative 
     Secretary attest to, the adoption hereof, and that copies of 
     the same be thereafter transmitted to the Honorable Barack 
     Obama, President, United States of America; to the Speaker of 
     the U.S. House of Representatives; to the President of the 
     U.S. Senate; to the Secretary of the U.S. Department of 
     Health and Human Services; to the Secretary of the U.S. 
     Department of the Interior; to the Assistant Secretary of the 
     Interior for Insular Affairs; to the Honorable Jack Kingston, 
     Chairman, Subcommittee on Labor, Health and Human Services, 
     Education, and Related Agencies, 113th Congress, U.S. House 
     of Representatives; to the Honorable Tom Harkin, Chairman, 
     Committee on Health, Education, Labor, and Pensions, U.S. 
     Senate; to the Honorable Madeleine Z. Bordallo, Guam's 
     Congressional Delegate, 113th Congress, U.S. House of 
     Representatives; and to the Honorable Edward J.B. Calve, I 
     Maga'lahen Guahan.
                                  ____

       POM-216. A resolution adopted by the House of 
     Representatives of the State of Michigan memorializing the 
     President and Congress of the United States to support 
     Michigan's application for a state-sponsored EB-5 regional 
     center; to the Committee on the Judiciary.

                        House Resolution No. 315

       Whereas, Attracting job-producing investments is critical 
     to the continued economic recovery of the state of Michigan 
     and the United States as a whole. Michigan--a longstanding 
     leader of our nation's industrial economy--sustained 
     significant damage in the aftermath of the 2002 and 2008 
     economic downturns. In recent years, however, Michigan's 
     economic engine has begun turning again, marked by increasing 
     property values and per capita incomes as well as an 
     unemployment rate that continues to decline. With strides 
     still to go, capital investments, including foreign direct 
     investments, can infuse new growth in Michigan's economy and 
     is an important element for Michigan's continued recovery; 
     and
       Whereas, The EB-5 investor-immigrant program is a 
     constructive tool for attracting foreign investments to 
     Michigan. In this program, immigrants willing to invest at 
     least $1,000,000 in capital to create a new business or take 
     over an existing, troubled business can obtain an employment-
     based visa. For targeted unemployment areas--areas like 
     Detroit that are experiencing an unemployment rate at least 
     150 times the national average--or rural areas, an 
     employment-based visa can be issued with a minimum investment 
     of $500,000. This capital investment goes toward creating 
     American jobs, rebuilding and revitalizing our neighborhoods, 
     and bringing new money to our local economies. EB-5 
     participants, as required by the federal statute, must 
     directly create or retain at least ten domestic jobs within 
     two years, jobs that otherwise may have never come to the 
     United States; and
       Whereas, EB-5 regional centers serve as a mechanism for 
     coordinating and attracting potential investor-immigrants as 
     well as offering investor-immigrants enhanced services. 
     Public regional centers can serve as international marketers 
     for the area in which they represent. Public regional centers 
     also serve as concentrators of economic development, 
     compounding investment after investment into their local 
     economies. Investor-immigrants using regional centers also 
     benefit from a broader interpretation of

[[Page 5878]]

     the EB-5 job creation requirement. While the minimum 
     investment requirements remain the same, immigrant-investors 
     going through an EB-5 regional center may count indirect job 
     creation as well; and
       Whereas, The establishment of a state of Michigan EB-5 
     regional center would be a crucial component in the ongoing 
     effort to rebuild our economy. State-sponsored regional 
     centers provide an unparalleled ability to attract and retain 
     potential investors. States like Michigan can bring investor-
     immigrants to the table in ways private regional centers 
     cannot and develop solid, lasting relationships. Statewide 
     regional centers can also develop and deploy an estimable 
     portfolio of statewide resources like industrial site 
     searches, facilitate connections with local suppliers, 
     laborers, and other businesses, and provide a general 
     orientation of the government and economic environment to 
     business owners; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the President and Congress of the United States 
     to support Michigan's application for a state-sponsored EB-5 
     regional center; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, Chairman and Ranking Member of the United 
     States Senate Committee on the Judiciary, Chairman and 
     Ranking Member of the United States House Committee on the 
     Judiciary, Director of the United States Citizenship and 
     Immigration Services, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-217. A resolution adopted by the House of 
     Representatives of the State of Michigan memorializing the 
     President and Congress of the United States to support 
     Michigan's request for 50,000 EB-5 visas to assist in the 
     economic recovery of the city of Detroit; to the Committee on 
     the Judiciary.

                        House Resolution No. 316

       Whereas, Professionals with advanced skills in science, 
     technology, engineering, or mathematics (STEM) are crucial to 
     the continued development of our economy. However, Michigan 
     continues to suffer from a shortage of workers with advanced 
     training in STEM-related skills, and this shortage is 
     expected to worsen over the coming years with STEM-related 
     occupations growing 1.7 times the rate of non-STEM-related 
     occupations. By 2018, Michigan is estimated to have 274,000 
     more STEM-related positions available than professionals to 
     fill them. While we are committed to increasing STEM 
     proficiency in our own students, Michigan must also seek out 
     and retain professionals with advanced degrees to help build 
     our economy now; and
       Whereas, The city of Detroit has a special need for skilled 
     professionals to help rebuild, revitalize, and reinvigorate 
     the city. In recent years, Detroit, an iconic American city, 
     has seen an unprecedented decline in population, and the loss 
     of local revenue has made it difficult for the city to meet 
     its financial obligations. Recruiting skilled professionals 
     is one step toward achieving economic recovery and relieving 
     the city's acute unemployment. In addition to adding a 
     valuable new dynamic to the local economy, with their 
     employment comes new consumers, increasing demand, and job 
     growth in other sectors; and
       Whereas, Allowing immigrants to fill vacant STEM positions 
     would provide an economic boost to the state of Michigan and 
     the city of Detroit. Through the recruitment and retention of 
     foreign-born professionals, targeted immigration can help 
     quench the unmet demands of Michigan's labor market--avoiding 
     the suppression of economic production and growth that 
     results--and help fortify the long-term health of its 
     economy. Immigrants working in the United States also 
     leverage their skills to contribute to the American economy 
     rather than increasing the productivity and value of another 
     nation's economy; and
       Whereas, Federal employment-based visa programs, 
     particularly the EB-2 program, grant foreign-born 
     professionals legal working status in the United States. 
     Designed for individuals with advanced degrees or its 
     equivalent, the EB-2 program permits foreign-born 
     professionals with STEM-related or business skills to be 
     employed with domestic businesses, businesses otherwise 
     unable to fill these jobs with the existing labor market. 
     This program also encourages immigrants with exceptional 
     abilities--abilities in science, art, or business that are 
     significantly above those of ordinary workers in the field--
     to obtain an EB-2 visa; and
       Whereas, The state of Michigan has requested a pilot 
     program be instituted to reallocate 50,000 EB-2 visas over 
     the next five years for use in the city of Detroit. As 
     proposed, 5,000 visas would be made available to foreign-born 
     professionals the first year, 10,000 visas for the next three 
     years, and 15,000 visas would be available in the fifth year. 
     Rather than taking from the national pool of annually-
     available EB-2 visas, the administration would reallocate any 
     unused EB-1, EB-2, EB-3, and family-based preference visas 
     into the EB-2 pilot program, making them available for 
     employment opportunities in the city of Detroit; now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the President and Congress of the United States 
     to support Michigan's request for 50,000 EB-2 visas to assist 
     in the economic recovery of the city of Detroit; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, Chairman and Ranking Member of the United 
     States Senate Committee on the Judiciary, Chairman and 
     Ranking Member of the United States House Committee on the 
     Judiciary, Director of the United States Citizenship and 
     Immigration Services, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-218. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia rescinding and withdrawing 
     all past resolutions by the General Assembly applying to the 
     Congress of the United States to call a convention for the 
     purpose of amending the Constitution of the United States; to 
     the Committee on the Judiciary.

                     House Joint Resolution No. 194

       Whereas, there has been no convention convened to amend the 
     Constitution of the United States, and all amendments adopted 
     to date have been initiated by two-thirds of the members of 
     both houses of Congress and ratified by three-fourths of the 
     states; and
       Whereas, the operations of a convention are unknown and the 
     apportionment and selection of delegates, method of voting in 
     convention, and other essential procedural details are not 
     specified in Article V of the Constitution of the United 
     States; and
       Whereas, the General Assembly of Virginia has not called 
     for a convention to amend the Constitution of the United 
     States in the recent past, but in the more distant past has 
     called for a convention (i) by House Joint Resolution No. 168 
     in 1977 concerning a presidential item veto, (ii) by the 
     second resolved clause of Senate joint Resolution No. 36 in 
     1976 concerning a balanced budget, and (iii) by other 
     resolutions applying to the Congress to call a convention; 
     and
       Whereas, the status of these past resolutions is unclear 
     and the prudent course requires the General Assembly to 
     rescind and withdraw all past applications for a convention 
     to amend the Constitution of the United States lest a 
     convention be convened without current and careful 
     consideration; now, therefore, be it
       Resolved by the House of Delegates, the Senate concurring, 
     That the General Assembly of Virginia rescinds and withdraws 
     all past resolutions by the General Assembly applying to the 
     Congress of the United States to call a convention for the 
     purpose of amending the Constitution of the United States 
     including HJR No. 168 (1977), SJR No. 36 (1976), and all 
     other resolutions calling for a convention; and, be it
       Resolved Further, That the Clerk of the House of Delegates 
     transmit certified copies of this joint resolution to the 
     Archivist of the United States at the National Archives and 
     Records Administration of the United States, the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, and the members of the Virginia 
     delegation to the United States Senate and House of 
     Representatives.
                                  ____

       POM-219. A resolution adopted by the Delaware County Board 
     of Supervisors of the State of New York entitled ``In Support 
     of Home Rule 1494 `Blue Water Navy Accountability Act'''; to 
     the Committee on Armed Services.
       POM-220. A resolution adopted by the Legislature of Ulster 
     County of the State of New York urging the Federal Energy 
     Regulatory Commission (FERC) to postpone indefinitely its 
     order issued August 13, 2013 and halt the creation of the New 
     Capacity Zone; to the Committee on Energy and Natural 
     Resources.
       POM-221. A petition from citizens of the State of New York 
     relative to the repeal of the New York Secure Ammunition and 
     Firearms Enforcement Act of 2013; to the Committee on the 
     Judiciary.

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