[Congressional Record Volume 140, Number 84 (Tuesday, June 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.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-554. A concurrent resolution adopted by the Legislature 
     of the State of Delaware; to the Committee on the Judiciary.

                    ``House Concurrent Resolution 56

       ``Be it resolved by the House of Representatives of the 
     137th General Assembly of the State of Delaware, (the Senate 
     concurring therein), that this body respectfully petitions 
     the Congress of the United States to call a convention for 
     the specific and exclusive purpose of proposing an Amendment 
     to the Constitution of the United States to provide that no 
     federal tax shall be imposed for the period before the date 
     of enactment of the tax.
       ``Be it further resolved, That this application by the 
     General Assembly of the State of Delaware constitutes a 
     continuing application in accordance with Article V of the 
     Constitution of the United States until at least two-thirds 
     of the legislatures of the several states have made similar 
     applications pursuant to Article V, but if Congress proposes 
     an Amendment to the Constitution identical in subject matter 
     to that contained in this Resolution before January 1, 1998, 
     this petition for a constitutional convention shall no longer 
     be of any force or effect.
       ``Be it further resolved, That the Clerk of the House of 
     Representatives is authorized and instructed to transmit a 
     duly attested copy of this Resolution to the President and 
     Secretary of the Senate of the United States Congress, the 
     Speaker and Clerk of the House of Representatives of the 
     United States Congress and to each member of the Delaware 
     congressional delegation.''
                                  ____

       POM-555. A resolution adopted by the Senate of the 
     Legislature of the State of Illinois; to the Committee on 
     Foreign Relations.

                        ``Senate Resolution 999

       ``Whereas, Secretary of State Warren Christopher in his 
     June 14, 1993, address to the World Conference on Human 
     Rights stated, ``Violence and discrimination against women 
     don't just victimized the individuals; they hold back whole 
     societies by confining the human potential of half the 
     population.''; and
       ``Whereas, The U.N. Convention on the Elimination of all 
     Forms of Discrimination Against Women is an important 
     international human rights treaty; and
       ``Whereas, Over 122 countries have ratified this 
     significant treaty; and
       ``Whereas, The United States is the only country in the 
     Western Hemisphere that has not ratified this treaty: 
     Therefore, be it
       ``Resolved, by the Senate of the eighty-eighth General 
     Assembly of the State of Illinois, That we urge the Senate of 
     the United States to ratify the U.N. Convention on the 
     Elimination of all Forms of Discrimination Against Women; and 
     be it further
       ``Resolved, That suitable copies of this preamble and 
     resolution be sent to the President pro tempore of the United 
     States Senate, U.S. Senator Carol Moseley-Braun, and U.S. 
     Senator Paul Simon.''
                                  ____

       POM-556. A resolution adopted by the Legislature of the 
     State of New Hampshire; to the Committee on Foreign 
     Relations.

                       ``House Joint Resolutions

       ``Whereas, certain Native American remains were exhumed in 
     the summer of 1821, by Dr. Peter P. Woodbury and Dr. Freeman 
     Riddle, both of Bedford, New Hampshire, during an early 
     exploration of Native American encampments on or near 
     Cartagena Island in the Merrimack River; and
       ``Whereas, these remains of 2 males, one female, and 
     possibly a child were in a remarkable state of preservation, 
     in a seated position, facing downstream, accompanied by the 
     equipment thought necessary for their journey to the next 
     world including clothing, utensils, weapons, and tools; and
       ``Whereas, since there was no museum in this country 
     interested in such archeological remains and material, Dr. 
     Woodbury of Bedford sent them to the venerable Museum of 
     Natural History in Paris, France for preservation and study; 
     and
       ``Whereas, an inquiry in 1928 showed that the remains that 
     Dr. Woodbury had given the museum were Indian remains, 
     perhaps those of the great Chief Passaconaway, Sagamore of 
     Penacook; and
       ``Whereas, the great Chief Passaconaway, Sagamore of 
     Penacook, changed the traditional system of tribal government 
     by forming a powerful confederation of 17 tribes which, along 
     with the Iroquois Nation federation, provided a model for 
     tribes and a national federation for mutual defense, which 
     was admired and perhaps emulated by the founding fathers of 
     these United States of America in establishing a federation 
     of states and a federal government for the mutual 
     preservation of life, liberty, and the pursuit of happiness; 
     and
       ``Whereas, Chief Passaconaway, nearing his death in 1666 
     and having ``communed with the Great Spirit both dreaming and 
     awake,'' gave America's first recorded farewell address, in a 
     stirring proclamation to his people, where he encouraged them 
     to make peace with the English, which ensuing lasting peace 
     benefited significantly both the Native Americans and the 
     settlers of New England for many generations; and
       ``Whereas, Chief Passaconaway's family, including his 
     daughter Weetamoo, son Wonalancet, and grandson Kancamagus, 
     followed him, forming a legacy of family heritage rivaling 
     that of these United States' founding fathers; and
       ``Whereas, the New Hampshire general court passed a law, 
     RSA 227-C:8-g, requiring the remains of Native Americans to 
     be removed from display and reinterred; and
       ``Whereas, the state of New Hampshire department of 
     cultural affairs, division of historical resources, has 
     established procedures and a council of interested parties to 
     determine the appropriate means and place for such 
     reinterments; and
       ``Whereas, these remains have been carefully preserved, 
     studied and safe-guarded by the people of France for over a 
     hundred years: Now, therefore, be it
       ``Resolved by the Senate and House of Representatives in 
     General Court convened, That the general court of the state 
     of New Hampshire urges the President and Congress to petition 
     the nation of France to assist Native Americans, the United 
     States of America, the people of New England, the people of 
     the great state of New Hampshire, and the division of 
     historical resources in implementing the return of certain 
     Native American remains, which were delivered to the Museum 
     of Natural History, Paris, France, during the 1820's, which 
     would allow an honorable celebration and the return to Mother 
     Earth of the remains of those conveyed, including those 
     perhaps of the great Chief Passaconaway, Sagamore of 
     Penacook; and
       ``That copies of this resolution, signed by the speaker of 
     the house and the president of the senate, be forwarded by 
     the house clerk to the President of the United States, to the 
     Vice-President of the United States, the Speaker of the 
     United States House of Representatives, and to each member of 
     the New Hampshire Congressional delegation.''
                                  ____

       POM-557. A resolution adopted by the House of the 
     Legislature of the State of Oklahoma; to the Committee on 
     Foreign Relations.

                        ``House Resolution 1047

       ``Whereas, President Clinton has affirmed that his foreign 
     policy regarding the deployment of United States military 
     forces under the authority of the United Nations will bear 
     little change from that of his predecessor; and
       ``Whereas, the constitutional role of the United States 
     military is to protect the life, liberty and property of 
     United States citizens and to defend our nation against 
     insurrection or foreign invasion; and
       ``Whereas, the United States is an independent sovereign 
     nation and not a tributary of the United Nations; and
       ``Whereas, there is no popular support for the 
     establishment of a ``new world order'' or world sovereignty 
     of any kind either under the United Nations or under any 
     world body in any form of global government; and
       ``Whereas, global government would mean the destruction of 
     our Constitution and corruption of the spirit of the 
     Declaration of Independence, our freedom, and our way of 
     life: Now, therefore, be it
       ``Resolved by the House of Representatives of the 2nd 
     Session of the 44th Oklahoma Legislature, That the United 
     States Congress is hereby memorialized to:
       ``1. Cease the appropriation of United States funds for any 
     military activity not authorized by Congress;
       ``2. Cease engagement in any military activity under the 
     authority of the United Nations or any world body;
       ``3. Cease the rendering of aid to any activity or 
     engagement under the jurisdiction of the United Nations or 
     any world body; and
       ``4. Cease any support for the establishment of a ``new 
     world order'' or to any form of global government.
       ``That the United States Congress is hereby memorialized to 
     refrain from taking any further steps toward the economic or 
     political merger of the United States into a world body or 
     any form of world government.
       ``That copies of this resolution be distributed to the 
     Clerk of the United States House of Representatives, the 
     Secretary of the United States Senate, and to each member of 
     the Oklahoma Congressional Delegation.''
                                  ____

       POM-558. A resolution adopted by the General Assembly of 
     the State of New Jersey; to the Committee on Foreign 
     Relations.
       ``Whereas, Poland, Hungary, the Czech Republic and Slovakia 
     have renounced Communism and created democratic systems of 
     government based on a free-market economy; and
       ``Whereas, The economic and political instability in the 
     former Soviet Union threatens the peace of these newly 
     created democracies; and
       ``Whereas, The strong showing of the militant nationalist 
     movement in the Russian parliamentary elections held in 
     December has raised fears of an aggressive Russian expansion 
     which victimized Eastern European countries in the past; and
       ``Whereas, The war which rages in the former Yugoslavia has 
     caused untold suffering, and Europeans look to NATO as the 
     best hope of deterring similar conflicts elsewhere; and
       ``Whereas, President Clinton has rejected isolationism, 
     reaffirmed his commitment to the Atlantic partnership and 
     stated that the best hope for world peace lies in a rebuilt 
     NATO; and
       ``Whereas, Poland, Hungary, the Czech Republic and Slovakia 
     have all expressed strong interest in joining NATO on an 
     equal basis with the other 16 member nations; and
       ``Whereas, The emerging democracies among the former Warsaw 
     Pact nations are still in danger of facist and Communist 
     elements; and
       ``Whereas, President Clinton has proposed the Partnership 
     for Peace--an association where non-members can participate 
     with NATO members in joint military efforts--as an interim 
     stage of membership for all former Warsaw Pact nations, 
     including Russia; and
       ``Whereas, The former Warsaw Pact nations have earned the 
     right of full NATO membership because of their struggle 
     against Communism and their efforts to build free and 
     democratic nations: Now, therefore, be it
       ``Resolved by the General Assembly of the State of New 
     Jersey:
       ``1. This House respectfully memorializes the President and 
     Congress of the United States to support the admission of 
     former Warsaw Pact nations into NATO.
       ``2. A duly authenticated copy of this resolution, signed 
     by the Speaker of the General Assembly and attested by the 
     Clerk thereof, shall be transmitted to the President of the 
     United States, the President of the Senate, the Speaker of 
     the House of Representatives, and every member of Congress 
     elected from this State.
       POM-559. A resolution adopted by the General Assembly of 
     the State of New Jersey; to the Committee on Foreign 
     Relations.

                        ``Assembly Resolution 16

       ``Whereas, it is clear that the regime of Fidel Castro is 
     coming to an end and it is crucial that the United States 
     maintain relations with the people of Cuba once his 
     oppressive and dictatorial government has fallen; and
       ``Whereas, the people of Cuba will endure a difficult 
     transition period from Castro's regime to a democratic state 
     and will require humanitarian, developmental and economic 
     assistance; and
       ``Whereas, in solidarity with the Cuban people, this nation 
     should provide emergency relief assistance to a transition 
     government and long-term assistance to a new democratic 
     government; and
       ``Whereas, while the United States economic embargo on Cuba 
     is being maintained and strengthened to protest Fidel 
     Castro's consistent disregard for internationally accepted 
     standards of human rights and democratic principles, the 
     embargo should be lifted when the President determines that 
     there exists a democratic government on that island; and
       ``Whereas, once a democratic government is in power, the 
     United States should enter into negotiations for the return 
     of the naval base at Guantanamo to Cuba or renegotiate the 
     present agreement under mutually agreeable terms; and
       ``Whereas, the citizens of New Jersey and the United States 
     endorse the right of self-determination of the Cuban people 
     and will aid them in making the transition from dictatorship 
     to democracy: Now, therefore, be it
       ``Resolved, by the General Assembly of the State of New 
     Jersey:
       ``1. This House memorializes the United States Congress to 
     pass H.R. 2758, the ``Free and Independent Cuba Assistance 
     Act of 1993.''
       ``2. Duly authenticated copies of this resolution, signed 
     by the Speaker of the General Assembly and attested by the 
     Clerk thereof, shall be transmitted to the President of the 
     United States Senate, the Speaker of the Home of 
     Representatives and every member of Congress elected from 
     this State.''
                                  ____

       POM-560. A resolution adopted by the Board of Supervisors 
     of Culpeper County, VA relative to language; to the Committee 
     on Governmental Affairs.
       POM-561. A resolution adopted by the Legislature of 
     Rockland County, NY, relative to Federal mandates; to the 
     Committee on Governmental Affairs.
       POM-562. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on Governmental 
     Affairs:

                     House Joint Resolution 94-1035

       ``Whereas, the 10th Amendment to the Constitution of the 
     United States reads as follows:
       ```The powers not delegated to the United States by the 
     Constitution, nor prohibited by it to the States, are 
     reserved to the States respectively, or to the people.'''; 
     and
       ``Whereas, the 10th Amendment defines the total scope of 
     federal power as being that specifically granted by the 
     United States Constitution and no more; and
       ``Whereas, the scope of power defined by the 10th Amendment 
     means that the federal government was created by the states 
     specifically to be an agent of the states; and
       ``Whereas, today, in 1994, the states are demonstrably 
     treated as agents of the federal government; and
       ``Whereas, numerous resolutions have been forwarded to the 
     federal government by the Colorado General Assembly without 
     any response or result from Congress or the federal 
     government; and
       ``Whereas, many federal mandates are directly in violation 
     of the 10th Amendment to the Constitution of the United 
     States; and
       ``Whereas, the United States Supreme Court has ruled in New 
     York v. United States, 112 S. Ct. 2408 (1992), that Congress 
     may not simply commandeer the legislative and regulatory 
     processes of the states; and
       ``Whereas, a number of proposals from previous 
     administrations and some now pending from the present 
     administration and from Congress may further violate the 
     United States Constitution: Now, therefore, be it
       ``Resolved by the House of Representatives of the Fifty-
     ninth General Assembly of the State of Colorado, the Senate 
     concurring herein:
       ``(1) That the State of Colorado hereby claims sovereignty 
     under the 10th Amendment to the Constitution of the United 
     States over all powers not otherwise enumerated and granted 
     to the federal government by the United States Constitution.
       ``(2) That this serve as Notice and Demand to the federal 
     government, as our agent, to cease and desist, effective 
     immediately, mandates that are beyond the scope of its 
     constitutionally delegated powers; and be it further
       ``Resolved, That copies of this Resolution be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate, the Speaker of the House and the President of 
     the Senate of each state's legislature of the United States 
     of America, and Colorado's Congressional delegation.''
                                  ____

       POM-563. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on Governmental 
     Affairs.

                    ``House Joint Resolution 94-1027

       ``Whereas, the Constitution of the United States envisions 
     sovereign states and guarantees the states a republican form 
     of government in which decisions are made by the elected 
     representatives of the people; and
       ``Whereas, the state and local governments in Colorado are 
     losing their power to act on behalf of their citizens, as the 
     power of government is moving farther away from the people 
     into the hands of federal agencies and officials who are not 
     elected and who are unaware of the needs and concerns of 
     Colorado and other states; and
       ``Whereas, with increasing and alarming frequency important 
     decisions affecting the lives of Colorado citizens are being 
     made by the federal government in the form of both funded and 
     unfunded federal mandates imposed on the states; and
       ``Whereas, Congress fails to provide adequate means to 
     implement many of the federal mandates directed to the states 
     which places state governments in a vice that threatens to 
     squeeze state resources beyond their limits; and
       ``Whereas, imposition of unfunded federal mandates requires 
     states to fund the federal requirements with diminishing 
     state revenues or jeopardize their eligibility for certain 
     federal funds; and
       ``Whereas, the states and Congress should engage in earnest 
     discussions to resolve the difficult position that states are 
     forced into by their efforts to comply with the growing 
     number of unfunded federal mandates, because this trend could 
     eliminate state flexibility to effectively deal with local 
     problems as limited state resources are diverted to funding 
     federally mandated programs; and
       ``Whereas, federal mandates threaten the fiscal integrity 
     of the states and their right of self-determination; and
       ``Whereas, the United States Advisory Commission on 
     Intergovernmental Relations recommended in a July 1993 report 
     that ``the federal government institute a moratorium on 
     mandates for at least two years and conduct a review of 
     mandating to restore balance, partnership, and state and 
     local self-government in the federal system'' and that the 
     ``Supreme Court reexamine the constitutionality of mandating 
     as a principle''; and
       ``Whereas, numerous federal laws impose mandates on the 
     state of Colorado, including, but not limited to the 
     following: Asbestos School Hazard Abatement Act; Family and 
     Medical Leave Act; Safe Drinking Water Act; Clean Air Act; 
     Americans with Disabilities Act; National Voter Registration 
     Act; Title XIX of the federal ``Social Security Act''; and 
     Water Pollution Control Act; and
       ``Whereas, the members of the Colorado General Assembly 
     want the members of the Colorado congressional delegation to 
     fully understand the impact the actions of the federal 
     government have on the state of Colorado, especially the 
     difficulties imposed on the General Assembly in its effort to 
     allocate resources to a large number of pressing state needs; 
     and
       ``Whereas, the federal court system affords a means to 
     liberate the states from the grip of federal mandates and to 
     give the power to govern back to the people: Now, therefore, 
     be it
       ``Resolved by the House of Representatives of the Fifty-
     ninth General Assembly of the State of Colorado, the Senate 
     concurring herein: That legal action challenging the 
     constitutionality of both funded and unfunded federal 
     mandates, the court rulings that hinder state management of 
     state issues, and the authority of the federal government to 
     mandate state action is necessary to restore, maintain, and 
     advance the state of Colorado's sovereignty and authority 
     over issues that affect Colorado and the well-being of its 
     citizens' and be it further
       ``Resolved, That the Colorado Attorney General examine and 
     challenge by legal action, in the name of and on behalf of 
     the state of Colorado, federal mandates, court rulings, the 
     authority granted to or assumed by the federal government, 
     and laws, regulations and practices of the federal government 
     to the extent they infringe on the state of Colorado's 
     sovereignty or authority over issues affecting its citizens; 
     and be it further
       ``Resolved, That all of the states are urged to participate 
     in any legal action brought pursuant to this joint resolution 
     and that the Colorado Attorney General shall request and 
     encourage such participation and shall cooperate with other 
     states in any legal action that includes issues of joint 
     concern; and be it further
       ``Resolved, That copies of this joint resolution be sent to 
     the Attorney General and presiding officers of both houses of 
     the legislatures of each of the states in the United States, 
     the President of the United States, the Clerk of the United 
     States House of Representative, the Secretary of the United 
     States Senate, and to each member of the Colorado 
     Congressional Delegation.''
                                  ____

       POM-564. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Hawaii; to the Committee on 
     Governmental Affairs.

                     ``Senate Concurrent Resolution

       ``Whereas, federal mandates imposed on state and local 
     governments have increased greatly over the past several 
     decades; and
       ``Whereas, federal statutes and administrative regulations 
     for federal mandates impose substantial costs to the states 
     and counties; and
       ``Whereas, at the same time that federal mandates have 
     increased, federal funding for joint federal-state programs 
     has sharply decreased; and
       ``Whereas, federal budgetary difficulties may promote more 
     federal mandates on the states and counties for what are 
     actually federal programs; and
       ``Whereas, state and local governments are already strained 
     in their budgets, particularly in the costs of meeting the 
     federal mandates; and
       ``Whereas, the 1990 federal budget agreement imposed almost 
     $14 billion in mandated costs over the next five years to 
     state and local governments; and
       ``Whereas, any further federal mandates would seriously 
     jeopardize the financial well-being of the states and 
     counties: Now, therefore, be it
       ``Resolved by the Senate of the Seventeenth Legislature of 
     the State of Hawaii, Regular Session of 1994, the House of 
     Representatives concurring, that the:
       ``(1) Congressional Budget Office is requested to continue 
     its efforts to provide Congress with appropriate state fiscal 
     impact statements on federal mandate legislation that affects 
     the states and counties;
       ``(2) Congress is urged to enact legislation to require 
     federal reimbursement to state and local governments for 
     costs imposed upon them by federal mandates;
       ``(3) Office of Management and Budget is requested to 
     formulate a comprehensive catalogue of federal mandates 
     currently imposed on state and local governments; and be it 
     further
       ``Resolved, That the Attorney General of the State of 
     Hawaii determine if a basis exists for a cause of action 
     against the federal government where federal mandates imposed 
     without funding threaten to adversely impact the state and 
     budget and economy; and be it further
       ``Resolved, That the Attorney General submit a report on 
     findings and recommendations to the Legislature by September 
     1, 1994; and be it further
       ``Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the House of Representatives of the United States, 
     the Office of Management and Budget, the Congressional Budget 
     Office, members of Hawaii's Congressional Delegation, the 
     Governor of Hawaii, the Attorney General of Hawaii, and the 
     Mayor and Council Chair of each county.''
                                  ____

       POM-565. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Hawaii; to the Committee on 
     Governmental Affairs.

                     ``Senate Concurrent Resolution

       ``Whereas, the federal government is charged with 
     protecting the health and safety, as well as promoting other 
     national interests of the American people; and
       ``Whereas, although the federal government is charged with 
     such responsibilities, in recent years it has saddled states 
     with the responsibility to comply with a myriad of federal 
     mandates, many of which lack federal funding to effectively 
     carry them out; and
       ``Whereas, the cumulative effect of unfunded federal 
     mandates has increasingly strained the budgets of state, 
     local, and tribal governments; and
       ``Whereas, additionally, the cost, complexity, and delay in 
     applying for and receiving waivers from federal requirements 
     in appropriate cases have hindered state, local, and tribal 
     governments from tailoring federal programs to meet the 
     specific needs of their communities; and
       ``Whereas, these governments should have more flexibility 
     to design solutions to the problems faced by citizens in this 
     country without excessive micromanagement and unnecessary 
     regulation from the federal government; and
       ``Whereas, in an Executive Order issued on October 26, 
     1993, President William Clinton called for the reduction of 
     unfunded federal mandates, the streamlining of the 
     application process to obtain waivers from federal 
     requirements, and the proliferation of meaningful 
     collaboration and consultation with state, local, and tribal 
     governments on federal matters that have significant effect 
     upon their communities; and
       ``Whereas, in a letter to the Honolulu Advertiser, Governor 
     John Waihee stated that the cost factor associated with 
     complying with federal mandates will cost the State of Hawaii 
     $377 million or approximately twelve percent of the 1994 
     state budget; and
       ``Whereas, fiscal responsibility by the federal government 
     is necessary to restore the economy; and
       ``Whereas, the Tenth Amendment to the United States 
     Constitution states that ``the powers not delegated to the 
     United States by the Constitution, nor prohibited by it to 
     the states, are reserved to the states respectively, or to 
     the people;'' and
       ``Whereas, increasingly, the federal government has pre-
     empted powers constitutionally reserved to state and local 
     governments by the Tenth Amendment; and
       ``Whereas, clearly, there is an immediate need and 
     potential authority for the states to curtail the imposition 
     of unfunded federal mandates; and
       ``Whereas, the Phoenix Project/Committee of 50 States is a 
     nationwide organization dedicated to the preservation of the 
     fundamental precepts of the United States Constitution: Now, 
     therefore, be it
       ``Resolved by the Senate of the Seventeenth Legislature of 
     the State of Hawaii, Regular Session of 1994, the House of 
     Representatives concurring, That the United States government 
     honor the language, spirit, and intent of the Tenth Amendment 
     of the United States Constitution by ceasing the usurpation 
     of state powers; and be it further
       ``Resolved, That the United States government is urged to 
     cease further pre-emption of state and local powers derived 
     from the Tenth Amendment of the United States Constitution; 
     and be it further
       ``Resolved, That all compulsory federal legislation which 
     directs states to comply under threat of civil or criminal 
     penalties or sanctions or requires states to pass legislation 
     or lose federal funding be prohibited; and be it further
       ``Resolved, That the National Conference of State 
     Legislatures and the Council of State Governments are 
     requested to investigate methods by which the imposition of 
     unfunded federal mandates could be prevented as well as 
     developing proposals to ensure the further protection of the 
     rights of states; and be it further
       ``Resolved, That in developing these solutions, the 
     National Conference of State Legislatures and the Council of 
     State Governments shall study the possibility of including 
     proposals made by the Phoenix Project/Committee of 50 States 
     if appropriate; and be it further
       ``Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the Governor of each state, the 
     Director of the National Conference of State Legislatures, 
     the Director of the Council of State Governments, the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate, and to Hawaii's Congressional Delegation.''
                                  ____

       POM-566. A resolution adopted by the Legislature of the 
     State of New Hampshire; to the Committee on Governmental 
     Affairs.

                      ``House Joint Resolution 22

       ``Whereas, the Congress continues to mandate and assign 
     additional programs and responsibilities to the States and 
     political subdivisions within such States; and
       ``Whereas, the Congress does not provide the funding for 
     such programs and responsibilities; and
       ``Whereas, the States and political subdivisions of such 
     States do not have the funds, or in poor economic times, the 
     ability to raise such funds; and
       ``Whereas, in 1984 the voters in the State of New Hampshire 
     amended their State constitution to provide that the State 
     shall not mandate or assign any new, expanded or modified 
     programs or responsibilities to any political subdivision in 
     such a way as to necessitate additional local expenditures by 
     the political subdivision unless such programs or 
     responsibilities are fully funded by the State or unless such 
     programs or responsibilities are approved for funding by a 
     vote of the local legislative body of the political 
     subdivision; and
       ``Whereas, we believe fiscal responsibility by the Federal 
     government is necessary to restore the United States economy: 
     Now, therefore, be it
       ``Resolved by the Senate and House of Representatives in 
     General Court convened, That the State of New Hampshire urges 
     the Congress of the United States to pass the Federal 
     Mandates Relief Act of 1993 to provide for Federal payments 
     for Federal mandates imposed upon state and local 
     governments; and
       ``That copies of this resolution be sent by the House clerk 
     to the President of the United States, to the Vice-President 
     of the United States, to the Speaker of the United States 
     House of Representatives, and to the New Hampshire members of 
     both House of Congress.''
                                  ____

       POM-567. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Governmental Affairs.

                           ``Joint Resolution

       ``Whereas, the Federal Government has mandated new programs 
     and transferred the responsibility of funding these programs 
     to the several states and their political subdivisions; and
       ``Whereas, the Federal Government has also reduced or 
     eliminated funding for certain programs administered at the 
     state or local government level; and
       ``Whereas, the several states and their political 
     subdivisions, as a result of economic recession and the 
     substantial costs of these programs, are experiencing severe 
     revenue shortfalls and budget imbalances, which are further 
     exacerbated by the need to fund these unfunded federal 
     mandates; and
       ``Whereas, the several states, unlike the Federal 
     Government, are required by their constitutions to balance 
     their budgets, which further reduces their ability to absorb 
     unfunded federal mandates; and
       ``Whereas, the State of Maine, recognizing the inequity of 
     passing unfunded mandates on to its political subdivisions, 
     amended its Constitution in November of 1992 to prohibit 
     state legislation or state administrative rules that require 
     additional local government expenditures unless the Maine 
     State Legislature funds those mandates; and
       ``Whereas, the federal practice of deferring program costs 
     to the states is inherently unfair because many states, such 
     as Maine, lack the resources to fund these programs; and
       ``Whereas, the Brady Handgun Violence Prevention Act, 
     enacted recently by the United States Congress and effective 
     on February 28, 1994, although laudable in its goals, 
     represents yet another unfunded federal mandate that is 
     leading the State of Maine and its municipalities to incur 
     new expenses related to conducting criminal background 
     checks: Now, therefore, be it
       ``Resolved, That We, your Memorialists, respectfully 
     recommend that the Attorney General of the State of Maine 
     initiate a lawsuit as soon as possible that specifically 
     challenges the continuing practice of enacting unfunded 
     federal mandates as evidence by the Brady Handgun Violence 
     Prevention Act; and be it further
       ``Resolved, That the Attorney General of the State of 
     Maine, to the extent possible, work in concert with any other 
     state that is filing or is contemplating the filing of a 
     similar lawsuit; and be it further
       ``Resolved, That suitable copies of this Memorial, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable William J. Clinton, President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United 
     States, to the Attorney General of the State of Maine and to 
     each Member of the Maine Congressional Delegation.''

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