[Congressional Record Volume 140, Number 85 (Wednesday, June 29, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 29, 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-568. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on the Judiciary:

                      Assembly Joint Resolution 71

       ``Whereas, the plight of California's missing children has 
     become a societal dilemma that each of us shares; and
       ``Whereas, more than 80,000 California children disappear 
     each year; and
       ``Whereas, by the end of 1993, there remained 10,455 active 
     missing children files with the California Attorney General's 
     office; and
       ``Whereas, while missing children include those who are 
     abducted by estranged family members and strangers, they also 
     include lost children, throwaways, and runaways; and
       ``Whereas, each year more families are forced to live their 
     lives while a beloved child is lost or missing; and
       ``Whereas, in the names of Amanda Campbell, Kevin Collins, 
     Jaycee Lee Dugard, Rasheeyda Wilson, and countless other 
     California children whose names and faces are remembered each 
     night by their families; and
       ``Whereas, we must work toward heightened awareness because 
     one person may hold the key to finding a missing child; and
       ``Whereas, the sharing of information on missing children 
     may help enhance the possibility of recovering California's 
     missing children; and
       ``Whereas, if there is to be an end to the plight of 
     missing children, then it must start with us in government: 
     Now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California respectively memorializes the President and the 
     Congress of the United States to commit to the pursuit of 
     policies that will protect children and punish those who harm 
     them; and be it further
       ``Resolved, That the Legislature condemns any crimes 
     against children causing emotional or physical abuse or 
     death; and be it further
       ``Resolved, That the Legislature, sharing a common concern 
     for children, establish April 17, 1994, through April 23, 
     1994, and the third week in April each year thereafter, as 
     California Missing Children's Week; 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, the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
                                  ____

       POM-569. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on the Judiciary:

                      ``Senate Joint Memorial 94-2

       ``Whereas, an amendment to the United States Constitution 
     previously introduced in Congress seeks to prevent federal 
     courts from levying or increasing taxes without 
     representation of the people and against the people's wishes; 
     and
       ``Whereas, the amendment states that: ``Neither the Supreme 
     Court nor any inferior court of the United States shall have 
     the power to instruct or order a state or political 
     subdivision thereof, or an official of such state or 
     political subdivision, to levy or increase taxes'': Now, 
     therefore, be it
       ``Resolved by the Senate of the Fifty-ninth General 
     Assembly of the State of Colorado, the House of 
     Representatives concurring herein, That the General Assembly 
     strongly urges the Congress of the United States to pass, 
     prepare, and submit to the several states this amendment to 
     the Constitution of the United States, and be it further
       ``Resolved, That the General Assembly also proposes that 
     the legislatures of each of the several states, which have 
     not yet made similar applications, apply to the Congress 
     requesting enactment of an appropriate amendment to the 
     United States Constitution, and be it further
       ``Resolved, That copies of this resolution be sent to the 
     President of the United States, Speaker of the House of 
     Representatives Thomas S. Foley, Senate Majority Leader 
     George Mitchell, House Majority Leader Richard Gephardt, 
     Senate Minority Leader Robert Dole, House Minority Leader 
     Robert H. Michel, each member of the Colorado congressional 
     delegation, and the presiding officers of each house of the 
     legislatures of the several states.''
                                  ____

       POM-570. A resolution adopted by the House of the 
     Legislature of the State of Colorado; to the Committee on the 
     Judiciary:

                       ``House Resolution 94-1008

       ``Whereas, on April 16, 1994, the state of Colorado was 
     honored by a visit from a distinguished and decorated 
     Vietnamese war hero, Major Nguyen Quy An, sho saved the lives 
     of four American airmen; and
       ``Whereas, Major Nguyen Quy An was a flight leader and 
     aircraft commander in the 219th squadron, 41st wing, of the 
     Vietnamese Air Force in January of 1969; and
       ``Whereas, on the 17th day of January of that year Major An 
     was called upon to infiltrate deep into enemy-held territory 
     to insert a platoon of special forces personnel into a bomb 
     crater landing zone; and
       ``Whereas, on approach, Major An's helicopter and his cargo 
     of troops were ambushed by heavy enemy artillery fire but he 
     courageously continued his mission; and
       ``Whereas, during the increasingly dangerous maneuver, a 
     nearby United States Army helicopter was severely hit in the 
     fuel cell by a heavy caliber round of fire while climbing 
     from a jungle clearing; and
       ``Whereas, Major An, in high orbit, sighted the burning 
     American helicopter and immediately made a risky, high-speed 
     dive toward the stricken craft; and
       ``Whereas, Major An, with complete disregard for his own 
     safety, closed in on the craft, radioed the crew, and guided 
     them to a safe landing in a jungle clearing a short distance 
     from the Ho Chi Minh Trail, heavily infiltrated with North 
     Vietnamese soldiers; and
       ``Whereas, Major An landed his own craft in the same 
     clearing and waited for the four U.S. airmen to find their 
     way through the jungle to his craft and flew the four men to 
     safety; and
       ``Whereas, Major Nguyen Quy An's quick thinking and brave 
     action while surrounded by danger on behalf of the four 
     American airmen represent a courageous demonstration of 
     selfless heroism; and
       ``Whereas, Major Nguyen Quy An was decorated with the award 
     of the distinguished flying cross by the United States for 
     his outstanding heroism; and
       ``Whereas, in another demonstration of courage and heroism, 
     Major An lost both arms when his helicopter was shot down 
     during a subsequent combat mission; and
       ``Whereas, Major An has sought refugee status in the United 
     States but has been refused because he did not serve a 
     sufficient length of time in a forced-labor camp to qualify 
     for the program designed to assist Vietnamese who were 
     severely punished for siding with the United States during 
     the Vietnam War; and
       ``Whereas, it is fitting to honor Major Nguyen Quy An, to 
     recognize his courageous and valuable contribution to the 
     United States, and to come to the aid of Major An in his 
     efforts to become a citizen of the United States: Now, 
     therefore, be it
       ``Resolved by the House of Representatives of the Fifty-
     ninth General Assembly of the State of Colorado:
       ``(1) That we, the members of the House of Representatives 
     of the General Assembly of the State of Colorado, commend 
     Major Nguyen Quy An for his great skill, courage, and valor 
     in saving the lives of four American pilots during the 
     Vietnam War; and
       ``(2) That we, the members of the House of Representatives 
     of the General Assembly of the State of Colorado, hereby 
     petition the Congress of the United States to enact 
     legislation which would grant United States citizenship to 
     Major Nguyen Quy An; and
       ``(3) That we, the members of the House of Representatives 
     of the General Assembly of the State of Colorado, hereby 
     petition the immigration and naturalization service of the 
     United States department of justice to grant United States 
     citizenship to Major Nguyen Quy An, and be it further
       ``Resolved, That copies of this Resolution be transmitted 
     to the President of the Senate and the Speaker of the House 
     of Representatives of the Congress of the United States, to 
     each member of Congress from the State of Colorado, and to 
     the Immigration and Naturalization Service of the United 
     States Department of Justice.''
                                  ____

       POM-571. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on the Judiciary:

                    ``House Joint Resolution 94-1007

       ``Whereas, a bill has been introduced in the Congress of 
     the United States to admit the city of Washington, D.C., as 
     the nation's fifty-first state; and
       ``Whereas, paragraph 17 of Section 8 of Article I of the 
     United States Constitution provides that the nation's capital 
     shall be formed from territory voluntarily ceded by 
     particular states to the federal government for that specific 
     purpose; and
       ``Whereas, the city of Washington, D.C., is composed of 
     territory ceded by the state of Maryland for the specific 
     purpose of forming the nation's capital; and
       ``Whereas, section 3 of Article IV of the United States 
     Constitution forbids the formation of a new state erected 
     within the jurisdiction of any other state, out of the 
     territory of any single state, or the junction of two or more 
     states without the consent of the legislatures of the state 
     concerned; and
       ``Whereas, the state of Maryland has never consented to the 
     use of its former territory for the formation of the proposed 
     state of New Columbia; and
       ``Whereas, the ninety-fifth Congress, in proposing a 
     constitutional amendment granting Washington, D.C., 
     congressional representation on par with the several states, 
     recognized the unconstitutionality of statehood absent a 
     constitutional amendment; and
       ``Whereas, the several states rejected the proposed 
     amendment granting the city of Washington, D.C., statehood; 
     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 the General Assembly respectfully 
     urges the President and Congress of the United States to 
     recognize the constitutional amendment process as the only 
     legal method of admitting the city of Washington, D.C., to 
     the union as a state and to reject any other form of 
     legislation that purports to achieve that goal, and be it 
     further
       ``Resolved, That copies of this resolution be sent to the 
     President and Vice President of the United States, to the 
     President of the United States Senate, to the Speaker of the 
     United States House of Representatives, and to each Senator 
     and Representative from Colorado in the Congress of the 
     United States.''
                                  ____

       POM-572. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on the Judiciary:

                    ``House Joint Resolution 94-1026

       ``Whereas, there is continuing controversy concerning the 
     presence of American servicemen who were listed as prisoners 
     of war or missing in action being held against their will in 
     the southeast Asian nations of Vietnam, Laos, and Kampuchea 
     (formerly known as Cambodia); and
       ``Whereas, the United States government has stated that all 
     of our prisoners of war have been returned from Vietnam; and
       ``Whereas, Vietnamese reports by General Tran Von Kwong, 
     deputy chief of staff for the North Vietnamese army, reported 
     that in September of 1972, Hanoi held one thousand five 
     American prisoners; and
       ``Whereas, only five hundred ninety-one American prisoners 
     of war have been released under the 1973 peace settlement; 
     and
       ``Whereas, Vietnamese nationals who have moved to the 
     United States have reported the appearance of American 
     prisoners of war still being held against their will in 
     southeast Asia; and
       ``Whereas, the President of Russia let it be known that the 
     Soviet Union took American servicemen during the Vietnamese 
     war into Russia and there is no adequate explanation 
     concerning the whereabouts of these servicemen; and
       ``Whereas, there are still hundreds of documents in the 
     possession of the United States department of defense that 
     have not been released to the public regarding the fate of 
     American servicemen classified as prisoners of war or missing 
     in action; and
       ``Whereas, there are forty missing and unaccounted for 
     servicemen from Colorado in southeast Asia; and
       ``Whereas, the United States government has not entered 
     into formal negotiations with the governments of Laos and 
     Kampuchea concerning the release of American prisoners of war 
     who were taken by the Communist forces during the Vietnam 
     war; and
       ``Whereas, the Paris Peace Accord is now twenty years old 
     and any national security secrets regarding the technology 
     that was used during the war would now be outdated; and
       ``Whereas, the constitutional rights of any Americans who 
     are still held against their will in southeast Asia as a 
     result of the Vietnam war are being violated by virtue of 
     their captivity; and
       ``Whereas, Americans highly prize and value their 
     constitutional rights; and
       ``Whereas, the United States supreme court is the last 
     bastion that an American has for redress of grievances and 
     protection of constitutional rights against the government; 
     and
       ``Whereas, the United States constitution, in article III, 
     section 2(2), states that:
       ``(2) Jurisdiction of supreme court. In all cases affecting 
     ambassadors, other public ministers and consuls, and those in 
     which a state shall be party, the supreme court shall have 
     original jurisdiction. . . .''; 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 the general assembly hereby urges the 
     attorney general, jointly with all other states that have 
     declared their support for this cause, to file an action on 
     behalf of the people of the state of Colorado in the United 
     States supreme court against the government of the United 
     States, including the United States Department of Defense and 
     the Central Intelligence Agency, and against the ambassadors 
     or other public ministers and consuls of the governments of 
     Vietnam, Laos, Kampuchea, Russia, and China, alleging 
     violations of the constitutional rights of the following 
     named servicemen from Colorado:

------------------------------------------------------------------------
                 Name                   Service branch      Home town   
------------------------------------------------------------------------
Anselmo, William F....................  Air Force.....  Denver.         
Apodaca, Victor J. Jr.................  Air Force.....  Englewood.      
Barber, Thomas D......................  Navy..........  Aurora.         
Berry, John A.........................  Army..........  Naturita.       
Boston, Leo S.........................  Air Force.....  Can.6on City.   
Brownlee, Charles R...................  Air Force.....  Alamosa.        
Corbitt, Gilland W....................  Air Force.....  Denver.         
Danielson, Mark G.....................  Air Force.....  Rangely.        
DeHerrera, Benjamin D.................  Army..........  Colorado        
                                                         Springs.       
Donovan, Leroy M......................  Army..........  Cedaredge.      
Gilchrist, Robert M...................  Air Force.....  Littleton.      
Green, Gerald.........................  Navy..........  Fort Morgan.    
Hamm, James E.........................  Air Force.....  Longmont.       
Hanratty, Thomas M....................  Marine Corps..  Beulah.         
Hansen, Lester A......................  Army..........  Pueblo.         
Helwig, Roger D.......................  Air Force.....  Colorado        
                                                         Springs.       
Hrdlicka, David L.....................  Army..........  Littleton.      
Jacques, James J......................  Marine Corps..  Denver.         
Jefferson, Perry H....................  Air Force.....  Denver.         
Kemp, Clayton C III...................  Navy..........  Wheat Ridge.    
Kohler, Delvin L......................  Navy..........  Kersey.         
Lavoo, John A.........................  Marine Corps..  Pueblo.         
Ladewig, Melvin E.....................  Air Force.....  Englewood.      
Leeper, Wallace M.....................  Army..........  Wellington.     
Martin, Duane W.......................  Army..........  Denver.         
McVey, LaVoy D........................  Marine Corps..  Lamar.          
Mitchell, Thomas B....................  Army..........  Littleton.      
Morgan, Burke H.......................  Air Force.....  Manitou Springs.
Mullins, Harold E.....................  Air Force.....  Denver.         
Packard, Ronald L.....................  Air Force.....  Can.6on City.   
Pawlish, George F.....................  Navy..........  Las Animas.     
Ralston, Frank D III..................  Air Force.....  Denver.         
Shafer, Philip R......................  Navy..........  Grand Junction. 
Silva, Claude A.......................  Army..........  Monte Vista.    
Simpson, Joseph L.....................  Army..........  Denver.         
Steadman, James E.....................  Air Force.....  Fort Collins.   
Stearns, Roger H......................  Air Force.....  Boulder.        
Swanson, Jon E........................  Army..........  Denver.         
Tucker, Timothy M.....................  Air Force.....  Las Animas.     
Walker, Bruce C.......................  Air Force.....  Pueblo.         
------------------------------------------------------------------------

       ``Be it further resolved, That the attorney general, in 
     filing the lawsuit, should demand that the United States 
     Department of Defense, the United States Central Intelligence 
     Agency, and the governments of Vietnam, Laos, Kampuchea, 
     Russia, and China deliver all documents concerning prisoners 
     of war and persons missing in action in Vietnam, Laos, and 
     Kampuchea to the attorney general, and be it further
       ``Resolved, That the government of every state in the 
     United States of America is encouraged to join in the cause 
     of action on behalf of each state and on behalf of the 
     citizens of each state who are being held in captivity in 
     southeast Asia, and be it further
       ``Resolved, That a copy of this resolution be transmitted 
     to the Attorney General of the state of Colorado, the Clerk 
     of the United States Supreme Court, the President and Vice-
     president of the United States, the Speaker of the United 
     States House of Representatives, the members of the Colorado 
     congressional delegation, and the clerk of each chamber of 
     every state legislature.''
                                  ____

       POM-573. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii; to the Committee on the Judiciary.

                     ``House Concurrent Resolution

       ``Whereas, on September 25, 1789, the First Congress of the 
     United States convened in New York, New York, and proposed an 
     amendment to the Constitution of the United States 
     stipulating that any change in the compensation of members of 
     the Congress of the United States be delayed in taking effect 
     until an election of the United States House of 
     Representatives has intervened; and
       ``Whereas, this particular constitutional amendment was, 
     pursuant to Article V of the United States Constitution, 
     submitted by the First Congress to the state legislatures for 
     ratification with no deadline on its consideration; and
       ``Whereas, the United States Supreme Court, in the landmark 
     case of Coleman vs. Miller, held that Congress itself is the 
     final arbiter of whether too great a time has elapsed between 
     Congress' submission of a specific constitutional amendment 
     and the ratification of that amendment by the legislatures of 
     at least three-fourths of the states; and
       ``Whereas, on May 7, 1992, the Legislature of the State of 
     Michigan became the thirty-eighth state to approve this two-
     hundred-and-four-year-old constitutional amendment meeting 
     the requirement that it be ratified by three-fourths of the 
     fifty states; and
       ``Whereas, on May 18, 1992, the Archivist of the United 
     States did cause to be published in the Federal Register of 
     the following day the conclusion that, having been duly 
     ratified by the legislatures of at least three-fourths of the 
     several states, the two-hundred-and-four-year-old 
     constitutional amendment had officially become a part of the 
     United States Constitution as its Twenty-seventh Amendment; 
     and
       ``Whereas, on May 20, 1992, both the United States Senate 
     and the United States House of Representatives, by roll-call 
     votes, adopted resolutions concurring with the conclusion of 
     the Archivist of the United States; and
       ``Whereas, the people of the State of Hawaii are in 
     agreement with their fellow Americans in the forty-two other 
     sovereign states that this two-hundred-and-four-year-old 
     constitutional amendment is a proper addition to the United 
     States Constitution and it is important that Hawaii's unique 
     imprint be placed upon it; Now, therefore, be it.
       ``Resolved by the House of Representatives of the 
     Seventeenth Legislature of the State of Hawaii, Regular 
     Session of 1994, the Senate concurring, That the Twenty-
     seventh Amendment to the United States Constitution which 
     reads as follows:
       ``Twenty-seventh Amendment--No law, varying the 
     compensation for the services of the Senators and 
     Representatives, shall take effect, until an election of 
     Representatives shall have intervened.'' is hereby ratified 
     by the Legislature of the State of Hawaii; and be it further
       ``Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to each member of Hawaii's 
     congressional delegation; to the Archivist of the United 
     States; to the Vice-President of the United States, as 
     presiding officer of the United States Senate; and to the 
     Speaker of the United States House of Representatives' and be 
     it further
       ``Resolved, That the Vice-President and the Speaker of the 
     U.S. House of Representatives be respectfully requested to 
     officially enter this Concurrent Resolution in the 
     Congressional Record.''
                                  ____

       POM-574. A concurrent resolution adopted by the Legislature 
     of the State of Kansas; to the Committee on the Judiciary.

                   ``House Concurrent Resolution 5031

       ``Whereas, there is continuing controversy concerning the 
     presence of American servicemen, who were listed as Prisoners 
     of War (POWS) or Missing in Action (MIAS), being held against 
     their will in the Southeast Asian nations of Vietnam, Laos, 
     and Kampuchea (formerly Cambodia); and
       ``Whereas, the United States government has stated that all 
     of our Prisoners of War have been returned from Vietnam; and
       ``Whereas, a recent top secret Vietnamese report, dating 
     from 1972 reported that in September of 1972, Hanoi held 
     1,205 American prisoners; and
       ``Whereas, only 591 American Prisoners of War have been 
     released under the 1973 Peace Settlement; and
       ``Whereas, Vietnamese nationals who have moved to the 
     United States have reported the appearance of American 
     Prisoners of War still being held against their will in 
     Southeast Asia; and
       ``Whereas, there are still many unreleased documents in the 
     United States Defense Department concerning the fate of 
     American servicemen classified as Prisoners of War or Missing 
     in Action; and
       ``Whereas, there are thirty-four missing and unaccounted 
     for servicemen in Southeast Asia from Kansas: John Quincy 
     Adam, (Bethel); Frankie Eugene Allgood, (Fort Scott); Denis 
     Leon Anderson, (Hope); Steven Henry Bennefeld, (Girard); 
     Michael Hugh Breeding, (Blue Rapids); David Marion Christian, 
     (Lane); Richard Ames Claflin, (Kansas City); Michael L. 
     Donovan, (Norton); Thomas Eldon Gillen, (Kingman); Dennis L. 
     Graham, (Greensburg); Patrick K. Harrold, (Fort Leavenworth); 
     Jerry Wayne Hendrix, (Wichita); Charles L. Hoskins, (Roeland 
     Park); Eugene M. Jewell, (Topeka); Dean Albert Klenda, 
     (Manhattan); Kurt Elton LaPlant, (Lenexa); John Carl Lindahl, 
     (Lindsborg); George Wendell Long, (Medicine Lodge); Glenn 
     DeWayne McCubbin, (Almena); William D. McGonigle, (Wichita); 
     Bobby Lyn McKain, (Garden City); William R. Moore, 
     (Princeton); Richard Lynn Mowrey, (Prairie Village); Fred 
     Albert Neth, (Fort Scott); Ward Karl Patton, (Fontana); 
     Dennis Gerald Pugh, (Salina); Ronald James Schultz, 
     (Hillsboro); Richard D. Smith, (Wichita); Robert L. 
     Standerwick, (Mankato); Frederick John Sutter, (Leawood); 
     William Joseph Thompson, (Kansas City); John Mark Tiderman, 
     (Kansas City); Larry Don Welsh, (Kansas City); and Joseph A. 
     Zutterman, Jr., (Marysville); and
       ``Whereas, the inferior courts of the federal judiciary 
     have not granted relief to the American soldiers listed as 
     Prisoners of War or Missing in Action; and
       ``Whereas, the United States Constitution, in Article III, 
     section 2, states ``In all Cases affecting Ambassadors, other 
     public Ministers and Counsels, and those in which a State 
     shall be a Party, the Supreme Court shall have original 
     Jurisdiction'': Now, therefore, be it
       ``Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein: That we hereby request 
     the Kansas Attorney General to determine the merits of 
     joining with attorneys general of other states in an action 
     against the United States government, and also against the 
     Ambassadors or other Public Ministers and Consuls of the 
     governments of Vietnam, Laos, Kampuchea, Russia and China, to 
     obtain information about Kansas POWS/MIAS in Southeast Asia 
     and to recommend to the legislature whether to join in such 
     action; and be it further
       ``Resolved: That the Secretary of State be directed to send 
     copies of this resolution to the Kansas Attorney General; the 
     United States Supreme Court; the President of the United 
     States; the Speaker of the United States House of 
     Representatives; the President of the United States Senate; 
     the members of the Kansas congressional delegation and the 
     clerks of the respective Houses and Senates of our 49 sister 
     states.''
                                  ____

       POM-575. A concurrent resolution adopted by the Legislature 
     of the State of Missouri; to the Committee on the Judiciary.

                   ``Senate Concurrent Resolution 21

       ``Whereas, the states of the United States are separate 
     sovereignties united in a federal system; and
       ``Whereas, unfunded mandates imposed by the federal 
     government upon the states and their subdivisions require 
     state and local governments to spend money, which, in effect, 
     taxes states and localities; and
       ``Whereas, the Congressional Budget Office has estimated 
     that the cumulative cost of new mandates imposed on state and 
     local governments between 1983 and 1990 is between $8.9 
     billion and $12.7 billion; and
       ``Whereas, President Clinton has recognized the magnitude 
     of this growing problem for the states through the issuance 
     of Executive Order 12875 Enhancing the Intergovernmental 
     Partnership, which states that ``the cumulative effect of 
     unfunded Federal mandates has increasingly strained the 
     budgets of state, local, and tribal governments''; and
       ``Whereas, Executive Order 12875 calls on federal agencies 
     to reduce federal mandates to the extent possible under 
     federal law; and
       ``Whereas, Executive Order 12875 was much appreciated by 
     state and local governments but does not address the primary 
     cause of unfunded federal mandates contained in existing and 
     new federal laws; and
       ``Whereas, unfunded federal mandates eliminate or reduce 
     the ability of state and local governments to improve vital 
     public safety services such as police and fire protection, 
     jail and prison space, and efficient and swift criminal 
     justice through properly funded courts and public defender 
     systems; and
       ``Whereas, unfunded federal mandates eliminate or reduce 
     the ability of state and local governments to improve funding 
     and quality of education provided to our children, a primary 
     state responsibility; and
       ``Whereas, in Missouri alone, unfunded federal mandates for 
     just the medicaid program have consumed nearly $600 million 
     in state funds since Fiscal Year 1991; and
       ``Whereas, unfunded federal mandates cost the state of 
     Missouri between $75 million and $100 million in new state 
     funds each year, an amount equal to half of the general 
     revenue growth available to the state; and
       ``Whereas, unfunded mandates undercut the accountability 
     that is fundamental in our democratic system by allowing 
     federal decision makers to establish programs and set 
     policies: Now, therefore, be it
       ``Resolved by the Missouri Senate of the Eighty-seventh 
     General Assembly, the House of Representatives concurring 
     therein, That the Missouri General Assembly hereby proposes 
     to the Congress of the United States that procedures be 
     instituted in the Congress to add a new Article to the 
     Constitution of the United States, and further requests the 
     Congress to prepare and submit to the several states before 
     January 1, 1996, an amendment to the Constitution of the 
     United States to prohibit the federal government from 
     requiring states to pay the cost of new or increased programs 
     or activities, which are commonly referred to as ``unfunded 
     federal mandates''; and be it further
       ``Resolved, That if, by January 1, 1996, the Congress has 
     not proposed and submitted to the several states such an 
     amendment, this body respectfully makes application to the 
     Congress of the United States for a convention to be called 
     under Article V of the Constitution of the United States for 
     the specific and exclusive purpose of proposing an amendment 
     to the Constitution of the United States to prohibit unfunded 
     federal mandates; and be it further
       ``Resolved That effective January 1, 1996, this application 
     constitutes a continuing application in accordance with 
     Article V of the Constitution of the United States until the 
     legislatures of at least two-thirds of the several states 
     have made similar applications pursuant to Article V, but if 
     the Congress proposes an amendment to the Constitution 
     identical in subject matter, then this application for 
     petition for the Constitutional convention shall no longer be 
     of any force or effect; and be it further
       ``Resolved, That this application shall be deemed null and 
     void, rescinded and of no effect in the event that such 
     convention not be limited to the specific and exclusive 
     purpose of providing for an amendment to the Constitution to 
     prohibit unfunded federal mandates; and be it further
       ``Resolved, That this body also proposes that the 
     legislatures of each of the several states comprising the 
     United States, which have not yet made similar applications, 
     apply to the Congress requesting enactment of an appropriate 
     amendment to the federal Constitution, and make application 
     to the Congress to call a Constitutional convention for the 
     purpose of proposing such an amendment to the federal 
     Constitution; and be it further
       ``Resolved, That upon signing by the Governor of this 
     concurrent resolution, copies of this resolution be sent by 
     the Secretary of the Senate to each member of the Missouri 
     Congressional delegation, to the Secretary of State and 
     Presiding Officers of both houses of the legislatures of each 
     of the other states in the union, the Clerk of the United 
     States House of Representatives, the Secretary of the United 
     States Senate, and the President of the United States.''
                                  ____

       POM-576. A concurrent resolution adopted by the Legislature 
     of the State of Missouri; to the Committee on the Judiciary:

                   ``Senate Concurrent Resolution 14

       ``Whereas, scientific and medical studies show marijuana to 
     be of medical value in the treatment of glaucoma and in 
     easing the debilitating side effects of anti-cancer 
     treatments; and
       ``Whereas, courts have recognized marijuana's medical 
     benefits in the treatment of these diseases; and
       ``Whereas, several states have enacted and Governors have 
     signed, laws acknowledging these benefits. They have further 
     sought to establish compassionate programs of medical access 
     to marijuana; and
       ``Whereas, several states have through their various 
     offices and agencies, made a good faith effort to allow 
     individuals to obtain marijuana for medical applications; and
       ``Whereas, federal agencies have, through regulation and 
     policies, made it difficult to obtain marijuana for medical 
     purposes; and
       ``Whereas, glaucoma and cancer patients, promised medical 
     access to marijuana under the laws of the United States, are 
     being deprived of such access by federal agencies: Now, 
     therefore, be it
       ``Resolved by the Missouri Senate, the House of 
     Representatives concurring therein that the Missouri General 
     Assembly hereby respectfully memorialize the United States 
     Congress to become informed of these difficulties, and to 
     investigate and hold public hearings into federal policies 
     which prohibit marijuana's legitimate medical use; and be it 
     further
       ``Resolved, That the Congress of the United States seeks to 
     remedy federal policies which prevent the several states from 
     acquiring, inhibit physicians from prescribing, and prevent 
     patients from obtaining marijuana for legitimate medical 
     applications, by ending federal prohibitions against the 
     legitimate and appropriate use of marijuana in medical 
     treatments; 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, and the members of the Missouri 
     Congressional Delegation.''
                                  ____

       POM-577. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire; to the Committee on the 
     Judiciary:

                    ``House Concurrent Resolution 22

       ``Whereas, members of Congress from every state have risen 
     to obtain from public funds benefits, perquisites, salaries 
     and security beyond the reach of the common citizen; and
       ``Whereas, the obtaining of these benefits has not been 
     with the consent of the governed; and
       ``Whereas, the members of Congress have passed laws which 
     are the law of the land for the common citizen, but which do 
     not apply to Congress; and
       ``Whereas, the record of the proceedings of Congress may be 
     altered by members of Congress to cast members in a less 
     baleful light; and
       ``Whereas, the proceedings of Congress can be made so 
     tortuous as to confound the common citizen and allow members 
     of Congress to avoid responsibility for their actions; and
       ``Whereas, in matters of election campaign reform, ethics 
     and regard for the common good of these United States, 
     Congress as a body has shown itself to be beyond the control 
     of the people of these United States: Now, therefore, be it
       ``Resolved by the House of Representatives, the Senate 
     concurring, That we, the members of the general court of the 
     state of New Hampshire, do hereby call upon Congress to amend 
     the Constitution to allow the people of the United States to 
     set meaningful limits on campaign spending, to approve 
     congressional benefits, perquisites and salaries, and to 
     require Congress to keep unalterable, true records of its 
     proceedings;
       ``That we, the members of the general court of the state of 
     New Hampshire, do hereby call upon our sister states to join 
     us in this call; and
       ``That copies of this resolution be transmitted by the 
     clerk of the house to the President of the United States 
     Senate, to the Speaker of the United States House of 
     Representatives, and to each member of the New Hampshire 
     Congressional delegation.''
                                  ____

       POM-578. A resolution adopted by the Senate of the 
     Legislature of the State of New York; to the Committee on the 
     Judiciary:

                        ``Legislative Resolution

       ``Whereas, unfunded mandates by the United States Congress 
     and the Executive Branch of the federal government 
     increasingly strain already-tight state government budgets if 
     the states are to comply; and
       ``Whereas, to further compound this assault on state 
     revenues, federal District Courts, with the blessing of the 
     United States Supreme Court, continue to order states to levy 
     or increase taxes to supplement their budgets to comply with 
     federal mandates; and
       ``Whereas, the Courts' actions are an intrusion into a 
     legitimate legislative debate over state spending priorities 
     and not a response to a constitutional directive; and
       ``Whereas, the Constitution of the United States of America 
     does not allow, nor do the states need, judicial intervention 
     requiring tax levies or increases as solutions to potentially 
     serious problems; and
       ``Whereas, this usurpation of legislative authority begins 
     a process that over time could threaten the fundamental 
     concept of separation of powers that is precious to the 
     preservation of the form of our government embodied by the 
     Constitution of the United States of America; and
       ``Whereas, several states have petitioned the United States 
     Congress to propose an amendment to the Constitution of the 
     United States of America which reads as follows:
       ``Neither the Supreme Court nor any inferior court of the 
     United States shall have the power to instruct or order a 
     state or political subdivision thereof, or an official of 
     such state or political subdivision, to levy or increase 
     taxes.'': Now, therefore, be it
       ``Resolved, That this Legislative Body respectfully 
     requests and petitions the Congress of the United States to 
     propose submission to the states for their ratification an 
     amendment to the Constitution of the United States of America 
     to restrict the ability of the United States Supreme Court or 
     any inferior court of the United States or mandate any state 
     or political subdivision thereof to levy or increase taxes; 
     and be it further
       ``Resolved, That copies of this Resolution, suitably 
     engrossed, be transmitted to the Secretary of the Senate of 
     the United States, the Clerk of the House of Representatives 
     of the United States, Senator Daniel P. Moynihan, Senator 
     Alfonse M. D'Amato and the members of the New York State 
     Congressional Delegation.''
                                  ____

       POM-579. A resolution adopted by the Senate of the General 
     Assembly of the State of North Carolina; to the Committee on 
     the Judiciary.

                        ``Senate Resolution 1625

       ``Whereas, although the right of free expression is part of 
     the foundation of the United States Constitution, very 
     carefully drawn limits on expression in specific instances 
     have long been recognized as legitimate means of maintaining 
     public safety and defining other societal standards; and
       ``Whereas, certain actions, although arguably related to 
     one person's free expression, nevertheless raise issues 
     concerning public decency, public peace, and the rights of 
     other citizens; and
       ``Whereas, there are symbols of our national soul such as 
     the Washington Monument, the United States Capitol Building, 
     and memorials to our greatest leaders, which are the property 
     of every American and are worthy of protection from 
     desecration and dishonor; and
       ``Whereas, the American flag is a most honorable and worthy 
     banner of a nation which is thankful for its strengths and 
     committee to curing its faults, a nation that remains the 
     destination of millions of immigrants attracted by the 
     universal power of the American ideal; and
       ``Whereas, the law as interpreted by the United States 
     Supreme Court no longer accords the Stars and Stripes the 
     reverence, respect, and dignity befitting the banner of that 
     most noble experiment of a nation-state; and
       ``Whereas, it is only fitting that people everywhere should 
     lend their voices to a forceful call for restoration of the 
     Stars and Stripes to a proper station under law and decency: 
     Now, therefore, be it
       ``Resolved by the Senate:
       ``Section 1. The Senate respectfully memorializes the 
     Congress of the United States to propose an amendment to the 
     United States Constitution, for ratification by the states, 
     specifying that Congress and the states shall have the power 
     to prohibit the physical desecration of the flag of the 
     United States.
       ``Sec. 2. The Principal Clerk of the Senate shall transmit 
     a certified copy of this resolution to the Secretary of the 
     United States Senate, to the Clerk of the United States House 
     of Representatives, and to each member of the North Carolina 
     congressional delegation.
       ``Sec. 3. This resolution is effective upon adoption.''
                                  ____

       POM-580. A joint resolution adopted by the Legislature of 
     the State of Tennessee; to the Committee on the Judiciary:

                     ``Senate Joint Resolution 372

       ``Whereas, in a five-to-four decision on April 18, 1990, 
     the United States Supreme Court extended the power of the 
     judicial branch of government beyond any defensible bounds; 
     and
       ``Whereas, in Missouri v. Jenkins (110 Sup. Ct. 1651 
     (1990)), the U.S. Supreme Court held that a federal court had 
     the power to order an increase in state and local taxes; and
       ``Whereas, this unprecedented decision violates the 
     fundamental tenet of separation of powers: the federal 
     judiciary, who serve for life and who are answerable to no 
     one, should not have control over the power of the purse; and
       ``Whereas, in response to this decision, several members of 
     Congress have introduced a constitutional amendment to re-
     establish a principle that has been well-settled: Judges do 
     not have the power to tax; and
       ``Whereas, the passage of such constitutional amendment 
     (first by a two-thirds (\2/3\) majority in both houses of 
     Congress and then by three-fourths (\3/4\) of the several 
     states' legislatures or conventions) would serve not only to 
     reverse an unfortunate decision, but also to reassert the 
     legislature's constitutional role in maintaining a strong 
     tripartite system of government, a system in which each of 
     the branches is constrained by the others; and
       ``Whereas, such proposed constitutional amendment is a long 
     overdue response to a federal judiciary that, in the pursuit 
     of seemingly good ends, fails to recognize the constitutional 
     limits on its power; and
       ``Whereas, in addition to being introduced in the U.S. 
     Congress such constitutional amendment has also been proposed 
     by several states; and
       ``Whereas, the test of such proposed constitutional 
     amendment reads: ``Neither the Supreme Court nor any inferior 
     court of the United States shall have the power to instruct 
     or order a state or political subdivision, to levy or 
     increase taxes''; and
       ``Whereas, such amendment seeks properly to prevent federal 
     courts from levying or increasing taxes without 
     representation of the people and against the people's wishes: 
     Now, therefore, be it
       ``Resolved by the Senate of the Ninety-Eighth General 
     Assembly of the State of Tennessee, the House of 
     Representatives Concurring, That this General Assembly hereby 
     memorializes the U.S. Congress to propose and submit to the 
     several states for ratification no later than January 1, 
     1995, an amendment to the Constitution of the United States, 
     the text of which amendment shall read:
       ``Neither the Supreme Court nor any inferior court of the 
     United States shall have the power to instruct or order a 
     state or political subdivision thereof, or an official of 
     such state or political subdivision, to levy or increase 
     taxes'', and be it further
       Resolved, That this Body calls upon each Tennessean serving 
     in the U.S. Senate and the U.S. House of Representatives to 
     utilize immediately the full measure of his or her resources 
     and influence in order to ensure the passage of such 
     amendment to the Constitution of the United States, which 
     provides that no court shall have the power to levy or 
     increase taxes, and be it further
       Resolved, That this General Assembly also proposes that the 
     legislatures of each of the several states comprising the 
     United States which have not yet made similar requests apply 
     to the U.S. Congress requesting enactment of such amendment 
     to the United States Constitution, and be it further
       Resolved, That the Chief Clerk of the Senate is directed to 
     transmit enrolled copies of this resolution to the Secretary 
     of State and to the presiding officer and minority party 
     leader in each house of the legislature of the several states 
     comprising the Union; the Speaker and the Clerk of the U.S. 
     House of Representatives; the President and the Secretary of 
     the U.S. Senate; and to each member of the Tennessee 
     delegation to the U.S. Congress.''
                                  ____

       POM-581. A resolution adopted by the Legislature of Clinton 
     County, New York relative to base closures; to the Committee 
     on Labor and Human Resources.
       POM-582. A joint resolution adopted by the Legislature of 
     the State of Colorado to the Committee on Labor and Human 
     Resources:

                    ``House Joint Resolution 94-1005

       ``Whereas, it is imperative that patients and consumers of 
     health care services be brought back into the financial 
     equation if the cost of providing such services is to be 
     brought under control; and
       ``Whereas, patients and consumers will reduce health care 
     costs if they are allowed to benefit from prudent individual 
     spending decisions and if they use pre-tax dollars to 
     establish individual medical accounts or individual medical 
     savings accounts; and
       ``Whereas, it is important to preserve the excellent 
     quality of American medicine by giving Americans the freedom 
     to choose their own health care provider and not limiting 
     their choice to employer- or government-designed health 
     benefit packages: 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 we, the members of the Colorado 
     General Assembly, hereby urge the members of the United 
     States Congress to consider programs to encourage and 
     facilitate the use of individual medical savings accounts, 
     which will enable Americans to plan for their future health 
     needs, and be it further
       ``Resolved, That copies of this Resolution be sent to the 
     President of the United States, the Speaker of the House of 
     Representatives of the United States Congress, the President 
     of the Senate of the United States Congress, and each Member 
     of Congress from the State of Colorado.''
                                  ____

       POM-583. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Labor and 
     Human Resources:

                   ``Senate Concurrent Resolution 48

       ``Whereas, senior managers in the Office of Regulatory 
     Affairs of the Food and Drug Administration have proposed 
     restructuring field laboratories to close ten district 
     laboratories, including the lab in New Orleans, in favor of 
     five large general laboratories and four special purpose 
     laboratories; and
       ``Whereas, while ostensibly this proposal is made to 
     improve efficiency, lower cost, and upgrade service, analysis 
     of the facts do not support such a result emanating from the 
     closure of the New Orleans lab; and
       ``Whereas, the New Orleans lab is staffed by experienced 
     and dedicated scientists whose expertise, particularly in the 
     problems inherent in the Gulf Coast region, would be lost 
     having an adverse impact on the level of consumer health and 
     safety protection; and
       ``Whereas, over the years the FDA lab in New Orleans has 
     played a vital role in investigating a broad range of health 
     and consumer problems in the area such as fish kills, crises 
     intervention during water disasters, contaminated farm animal 
     feed, investigating grain elevator explosions, monitoring 
     food, feed, and water during hurricanes, training seafood 
     industry people in industry standards, and numerous other 
     examples; and
       ``Whereas, New Orleans, as one of the nation's largest 
     ports located on the nation's busiest river is 
     extraordinarily well situated for the provision of the most 
     efficient, effective, and useful service; and
       ``Whereas, the New Orleans FDA lab is not outmoded and an 
     advisory committee of working analysts recommended against 
     its closure; and
       ``Whereas, no demonstration has been made that throwing 
     away the expertise, experience, and good work of a district 
     lab such as New Orleans in order to undertake the 
     construction, equipping and staffing of new facilities is 
     necessary or even a good idea: Therefore, be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to take whatever steps are 
     necessary to prevent the closure of the federal Food and Drug 
     Administration's New Orleans District Laboratory, and be it 
     further
       ``Resolved, That a copy of this Resolution be transmitted 
     to the secretary of the United States Senate and the clerk of 
     the United States House of Representatives and to each member 
     of the Louisiana congressional delegation.''
                                  ____

       POM-584. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Labor and 
     Human Resources:

                   ``Senate Concurrent Resolution 108

       ``Whereas, the office of elderly affairs in the office of 
     the Governor is the single-point manager for the state in 
     administering the Older Americans Act of 1965; and
       ``Whereas, the Louisiana Executive Board of Aging is the 
     state board responsible for setting forth policies and 
     procedures used by the office of elderly affairs to ensure 
     compliance with the Older Americans Act of 1965; and
       ``Whereas, the Intrastate Funding Formula as proposed in 
     Notice of Proposed Rulemaking (NPRM) 45 CFR Part 1321 
     represents a policy action requiring Louisiana Executive 
     Board of Aging approval as a condition precedent to 
     soliciting formal approval from the Administration on Aging; 
     and
       ``Whereas, the Louisiana Executive Board on Aging strongly 
     believes that if the proposed notice is approved it will 
     generate a statewide catastrophic impact on the current 
     effective delivery system of services to the elderly; and
       ``Whereas, it is further believed that the capital outlay 
     and professional workforce at many area agencies will become 
     surplus due to a massive out-shifting of funds; other area 
     agencies will be forced to make new investments in capital 
     outlay and train new employees generated by a massive in-
     shifting of funds; therefore, the entire exercise triggered 
     by the pending notice is non-cost effective; and
       ``Whereas, low-income minority elderly are entitled to the 
     same level of services from each area agency on aging as 
     required by the Older Americans Act of 1965 in lieu of a 
     selected fifty-one percent; and
       ``Whereas, the guidelines in the pending notice exceed the 
     requirements of the Older Americans Act of 1965: Therefore, 
     be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to give states more 
     flexibility in the Intrastate Funding Formula process and to 
     recognize the autonomy of each state and their unique 
     problems in providing services to the elderly in accordance 
     with the Older Americans Act of 1965, and be it further
       ``Resolved, That the Legislature of Louisiana requests 
     states be permitted to apply the formula in a manner to 
     address problems unique to each state at the state level; to 
     continue using existing capital investments and trained 
     personnel; to support the concept that all low-income elderly 
     persons are entitled to equal levels of service from all area 
     agencies; and to prevent the decimation of many parish 
     entities with resultant catastrophic adverse effects on needy 
     elderly, and be it further
       ``Resolved, That a copy of this Resolution be transmitted 
     to the secretary of the United States Senate, the clerk of 
     the United States House of Representatives, and to each 
     member of the Louisiana congressional delegation.''
                                  ____

       POM-585. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Indian Affairs:

                    ``House Concurrent Memorial 2006

       ``Whereas, the economy, health and general welfare of the 
     people and the state of Arizona depend upon a secure and 
     stable supply of water; and
       ``Whereas, efforts are currently under way in the state of 
     Arizona to quantify and validate thousands of claims to the 
     use of waters of the state; and
       ``Whereas, the Indian communities in the state of Arizona 
     assert claims to the rights to large quantities of water; and
       ``Whereas, the settlement and quantification of the Indian 
     communities' claims to water are of great importance to the 
     economy, health and general welfare of the members of the 
     Indian communities in Arizona; and
       ``Whereas, the United States, as trustee for the Indian 
     communities of the state of Arizona, plays a vital role in 
     the negotiations and settlements of the Indian communities' 
     claims to water; and
       ``Whereas, water delivered by the Central Arizona Project 
     has been a key component of water rights settlements already 
     finalized for certain Indian communities in Arizona; and
       ``Whereas, under the Leavitt Act (47 Stat. 564, 25 United 
     States Code section 386a), the collection of all construction 
     costs against any Indian-owned lands within any federal 
     irrigation project is deferred; and
       ``Whereas, current federal policy has facilitated these 
     finalized settlements by allowing Central Arizona Project 
     water allocated to Indian-owned lands, but leased for use by 
     non-Indians, to be free of the capital costs normally 
     associated with use of Central Arizona Project water by non-
     Indians; and
       ``Whereas, a change in federal policy requiring lessors of 
     Central Arizona Project water allocated to Indian communities 
     to pay capital costs normally associated with non-Indian use 
     of Central Arizona Project water would hinder further 
     settlement of claims to water rights by Arizona Indian 
     communities.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the President of the United States instruct the 
     United States Attorney General and the Secretary of the 
     Interior to make the settlement of outstanding water rights 
     claims by the Indian communities of Arizona a priority of 
     their respective departments.
       ``2. That the United States Congress take whatever actions 
     are necessary, including the authorization of funds, to 
     facilitate the passage and finalization of any negotiated 
     settlements to the Indian communities' outstanding water 
     rights claims.
       ``3. That the President and Congress of the United States 
     facilitate settlement of outstanding water rights claims by 
     the Indian communities of Arizona by maintaining the current 
     policy of allowing Central Arizona Project water allocated to 
     Indian-owned lands, but leased for use by non-Indians, to be 
     free of the capital costs normally associated with use of 
     Central Arizona Project water by non-Indians.
       ``4. That the Secretary of state of the State of Arizona 
     transmit copies of this Concurrent Memorial to the President 
     of the United States, the Speaker of the United States House 
     of Representatives, the President of the United States 
     Senate, the United States Attorney General, the United States 
     Secretary of the Interior and to each Member of the Arizona 
     Congressional Delegation.''

                          ____________________