[Congressional Record Volume 142, Number 44 (Wednesday, March 27, 1996)]
[Senate]
[Pages S3012-S3017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-523. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on the Judiciary.

                  ``Senate Concurrent Resolution 1014

       ``Whereas, separation of powers is fundamental to the 
     United States Constitution and the power of the federal 
     government is strictly limited; and

[[Page S3013]]

       ``Whereas, under the United States Constitution, the states 
     are to determine public policy; and
       ``Whereas, it is the duty of the judiciary to interpret the 
     law, not to create law; and
       ``Whereas, our present federal government has strayed from 
     the intent of our founding fathers and the United States 
     Constitution through inappropriate federal mandates; and
       ``Whereas, these mandates by way of statute, rule or 
     judicial decision have forced state governments to serve as 
     the mere administrative arm of the federal government; and
       ``Whereas, federal district courts, with the acquiescence 
     of the United States Supreme Court, continue to order states 
     to levy or increase taxes to comply with federal mandates; 
     and
       ``Whereas, these court actions violate the United States 
     Constitution and the legislative process; and
       ``Whereas, the time has come for the people of this great 
     nation to further define the role of the courts in their 
     review of federal and state laws; and
       ``Whereas, several states have petitioned the United States 
     Congress to propose an amendment to the Constitution of the 
     United States of America; and
       ``Whereas, the amendment was previously introduced in 
     Congress; and
       ``Whereas, the amendment seeks to prevent federal courts 
     from levying or increasing taxes without representation of 
     the people and against the people's wishes; and
       ``Whereas, the State of Arizona desires that the United 
     States Congress acknowledge and act upon this expression of 
     the intent of the various states without the necessity of 
     those states calling a constitutional convention as 
     authorized in Article V of the Constitution of the United 
     States: Therefore, be it
       Resolved by the Senate of the State of Arizona, the House 
     of Representatives concurring:
       ``1. That the Congress of the United States prepare and 
     submit to the several states an amendment to the Constitution 
     of the United States to add a new article providing 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 a state or political subdivision, to levy or 
     increase taxes''.
       ``2. That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States.
       ``3. That the Legislature of the State of Arizona also 
     proposes that the legislatures of each of the several states 
     comprising the United States that have not yet made similar 
     requests apply to the United States Congress requesting 
     enactment of an appropriate amendment to the United States 
     Constitution, and apply to the United States Congress to 
     propose such an amendment to the United States Constitution.
       ``4. That the Secretary of State of the State of Arizona 
     transmit copies of this Resolution to the presiding officer 
     in each house of the legislature in each of the other states 
     in the Union, the Speaker of the United States House of 
     Representatives, the President of the United States Senate 
     and to each Member of the Arizona Congressional Delegation.''
                                                                    ____

       POM-524. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii to the Committee on the Judiciary.

                  ``House Concurrent Resolution No. 14

       ``Whereas, the Omnibus Budget Reconciliation Act of 1993 
     signed into law by President Clinton on August 10, 1993, 
     included the largest tax increase in history: $115 billion in 
     new taxes and a forty-seven percent increase in income tax 
     rates; and
       ``Whereas, the income, estate, and gift tax components of 
     the tax increase were retroactive, taking effect on January 
     1, 1993; and
       ``Whereas, Treasury Secretary Bentsen has declared that 
     more than one and one-quarter million small businesses will 
     be subject to retroactive taxation despite the 
     administration's claim that the tax increase ``only affected 
     the rich''; and
       ``Whereas, the retroactivity of the Omnibus Budget 
     Reconciliation Act of 1993 is unprecedented in that it became 
     effective during a previous administration-Before President 
     Clinton or the 103rd Congress even took office; and
       ``Whereas, the passage of the bill resulted in loud public 
     outcry against retroactive taxation; and
       ``Whereas, retroactive taxation places an unfair and 
     intolerable burden on the American taxpayer; and
       ``Whereas, retroactive taxation is wrong, it is bad policy, 
     and it is a reprehensible action on the part of the 
     government; now, therefore, be it
       ``Resolved by the House of Representatives of the 
     Eighteenth Legislature of the State of Hawaii, Regular 
     Session of 1995, the Senate concurring, That the Legislature 
     of the State of Hawaii memorialize the Congress of the United 
     States to propose and submit to the several states an 
     amendment to the Constitution of the United States that would 
     provide that no federal tax shall be imposed for the period 
     before the date of the enactment of the retroactive tax; and
       ``Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Secretary of the United States Senate, the Clerk 
     of the United States House of Representatives, Hawaii's 
     Congressional delegation, the Speaker of the House of 
     Representatives, and the Senate President.''
                                                                    ____

       POM-525. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on the Judiciary.

                 ``Senate Concurrent Resolution No. 11

       ``Whereas, in recent years the federal judges, with the 
     support of the United States Supreme Court, have imposed 
     taxes or required the increase of taxes to raise the revenue 
     to support various court orders; and
       ``Whereas, the judicial branch of government is making more 
     decisions which affect the everyday life of citizens; and
       ``Whereas, taxation must be the exclusive prerogative of 
     elected representatives and not be subject to imposition by 
     an appointed judiciary; and
       ``Whereas, attempted judicial preemption in a matter as 
     critical to the welfare of states and the people represented 
     by state legislatures as taxation requires a response; and
       ``Whereas, the Missouri Legislature has passed a concurrent 
     resolution requesting Congress to propose an amendment to the 
     United States Constitution to restrict the power of the 
     federal courts in this area; and
       ``Whereas, Colorado, Tennessee, and New York have already 
     joined Missouri in its effort by adopting the identical 
     language demonstrating the solidarity of state legislatures 
     on this issue: Therefore, be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to adopt and propose an 
     amendment to the Constitution of the United States to read 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.' Be it further
       ``Resolved, That a duly attested copy of this Resolution be 
     immediately transmitted to the president of the United 
     States, to the secretary of the United States Senate, to the 
     clerk of the United States House of Representatives, and to 
     each member of the Louisiana delegation to the United States 
     Congress.''
                                                                    ____

       POM-526. A concurrent resolution adopted by the Legislature 
     of the State of South Dakota; to the Committee on the 
     Judiciary.

                 ``House Concurrent Resolution No. 1010

       ``Whereas, in Missouri v. Jenkins (495 U.S. 33, 110 S.Ct. 
     1691 (1990)), the Supreme Court held that a federal court had 
     the power to order an increase in state and local taxes 
     thereby violating a fundamental tenet of the separation of 
     powers: that members of the federal judiciary, who serve for 
     life and are answerable to no one, should not have control 
     over the power of the purse; and
       ``Whereas, section 8 of Article I of the Constitution of 
     the United States vests with the legislative branch of 
     government alone the extraordinary power to `lay and collect 
     taxes, duties, imposts, and excises, to pay the debts and 
     provide for the common defense and general welfare of the 
     United States'; and
       ``Whereas, the courts' action are an intrusion into a 
     legitimate political debate over state spending priorities 
     and not a response to a constitutional directive; and
       ``Whereas, Justice Kennedy observed in his dissent in 
     Missouri v. Jenkins that `this assertion of judicial power in 
     one of the most sensitive of policy areas, that involving 
     taxation, begins a process that one time could threaten 
     fundamental alteration of the form of government our 
     Constitution embodies'; and
       ``Whereas, since 1990, when the Supreme Court declared in 
     Missouri v. Jenkins that the federal courts have the 
     authority and power to levy and increase taxes, Congress has 
     chosen not to intercede on behalf of the people to protect 
     the democratic process which has been corrupted by the 
     unconstitutional authority and power to tax which the federal 
     courts have exercised; and
       ``Whereas, the time has come for the people of this great 
     nation, and their duly elected representatives in state 
     government, to reaffirm, in no uncertain terms, that the 
     authority to tax under the Constitution of the United States 
     is retained by the people who, by their consent alone, do 
     delegate such power to tax explicitly to those duly elected 
     representatives in the legislative branch of government who 
     they choose, such representatives being directly responsible 
     and accountable to those who have elected them: Now, 
     therefore, be it
       ``Resolved, by the House of Representatives of the Seventy-
     first legislature of the State of South Dakota, the Senate 
     concurring therein, That application is hereby made pursuant 
     to Article V of the United States Constitution for an 
     amendment to the Constitution reading substantially 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.'; and be it further
       ``Resolved, That this petition constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States; and be it further
       ``Resolved, That this legislative body requests the 
     legislatures of the several states comprising the Union to 
     make similar application to Congress for the purpose of 
     proposing such an amendment to the United States 
     Constitution.''.
                                                                    ____


[[Page S3014]]

       POM-527. A resolution adopted by the Senate of the 
     Legislature of the State of Kansas; to the Committee on Labor 
     and Human Resources.

                      ``Senate Resolution No. 1824

       ``Whereas, improving patient access to quality health care 
     is a paramount national goal; and
       ``Whereas, the key to improved health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective new drugs, biological products 
     and medical devices; and
       ``Whereas, minimizing the delay between discovery and 
     eventual approval of a new drug, biological product or 
     medical device derived from research conducted by innovative 
     pharmaceutical and biotechnology companies could improve the 
     lives of millions of Americans; and
       ``Whereas, current limitations on the dissemination of 
     information about pharmaceutical products reduce the 
     availability of information to physicians, other health care 
     professionals and patients, and limits the right of free 
     speech guaranteed by the First Amendment to the United States 
     Constitution; and
       ``Whereas, the current rules and practices governing the 
     review of new drugs, biological products and medical devices 
     by the United States Food and Drug Administration can delay 
     approvals and are unnecessarily expensive: Now, therefore, be 
     it
       ``Resolved by the Senate of the State of Kansas, That we 
     respectfully urge the Congress of the United States to 
     address this important issue by enacting comprehensive 
     legislation to facilitate the rapid review and approval of 
     innovative new drugs, biological products and medical 
     devices, without compromising patient safety or product 
     effectiveness; and be it further
       ``Resolved, That the Secretary of the Senate be directed to 
     send enrolled copies of this resolution to the President of 
     the United States, the President of the United States Senate, 
     the Speaker of the United States House of Representatives and 
     to each member of the Kansas Congressional Delegation.''
                                                                    ____

       POM-528. A concurrent resolution adopted by the Legislature 
     of the State of West Virginia relative to the development and 
     approval of new; to the Committee on Labor and Human 
     Resources.

                    ``House Concurrent Resolution 18

       ``Whereas, improving patient access to quality health care 
     is the number one national goal; and
       ``Whereas, the key to improved health care, especially for 
     persons with serious unmet medical needs, is the rapid 
     approval of safe and effective new drugs, biological products 
     and medical devices; and
       ``Whereas, two thirds of all new drugs approved in the last 
     six years by the Food and Drug Administration were approved 
     first in other countries with approval of a new drug 
     currently taking 14.8 years; and
       ``Whereas, the United States has long led the world in 
     discovering new drugs, but too many new medicines first are 
     introduced in other countries, with forty drugs currently 
     approved in one or more foreign countries still in 
     development in the United States or awaiting FDA approval; 
     and
       ``Whereas, the patient is waiting for the industry to 
     discover and efficiently develop safe and effective new 
     medicines and for the FDA to facilitate the development and 
     approval of safe medicines sooner; and
       ``Whereas, there is a broad bipartisan consensus that the 
     FDA must be re-engineered to meet the demands of the twenty-
     first century; and
       ``Whereas, the current rules and practices governing the 
     review of new drugs, biological products and medical devices 
     by the United States Food and Drug Administration can delay 
     approvals and are unnecessarily expensive; therefore, be it
       ``Resolved by the Legislature of West Virginia: That this 
     Legislature respectfully urges: the Congress of the United 
     States to address this important issue by enacting 
     comprehensive legislation to facilitate the rapid review and 
     approval of innovative new drugs, biological products and 
     medical devices, without compromising patient safety or 
     product effectiveness; and, be it further
       ``Resolved, That the Clerk of the House of Delegates be 
     hereby directed to transmit appropriate copies of this 
     resolution to the President of the United States, the Speaker 
     of the United States House of Representatives, the President 
     of the United States Senate, and to each member of the West 
     Virginia Delegation of the Congress.''
                                                                    ____

       POM-529. A resolution adopted by the Legislature of the 
     Commonwealth of Puerto Rico; to the Committee on Foreign 
     Relations.

                              ``H.R. 5231

       ``The House of Representatives, as a body representing the 
     People of Puerto Rico, deems it prudent to express to the 
     Cuban community the indignation of the People of Puerto for 
     those vicious murders and to urge the President and the 
     members of the Congress of the United States of America to 
     take all the measures directed to vindicating the memory of 
     these four people, preventing the strategy of repression of 
     the Cuban government against dissident groups and to attain 
     the establishment of a democratic system of government in 
     Cuba, based on respect for human dignity. Be it
       ``Resolved by the House of Representatives of Puerto Rico:
       ``Section 1. To express the repudiation and indignation of 
     the House of Representatives of Puerto Rico for the cowardly 
     murder of four (4) members of the humanitarian organization 
     ``Brothers to Rescue'' by the armed forces of the 
     totalitarian regime of Fidel Castro.
       ``Section 2. To urge the President and the members of the 
     Congress of the United States of America to take all the 
     measures needed to prevent the strategy of repression of the 
     Cuban government against dissident groups and to attain the 
     establishment of a democratic system of government in Cuba, 
     based on respect for human dignity.
       ``Section 3. This Resolution shall be translated into the 
     English language and remitted to the President of the United 
     States and to the President and Speaker of both Bodies of the 
     Congress of the United States of America.
       ``Section 4. A copy of this Resolution shall also be 
     remitted to the Ambassadors of the United States of America 
     and of Cuba at the United Nations Organization as well as to 
     the Secretary General of said International Organization.
       ``Section 5. This Resolution shall take effect immediately 
     after its approval.''
                                                                    ____

       POM-530. A resolution adopted by the Legislature of the 
     Virgin Islands; to the Committee on Energy and Natural 
     Resources.

                         ``Resolution No. 1552

       ``Whereas, in 1968 and 1973, the Congress of the United 
     States found it necessary to enact the National Flood 
     Insurance Act of 1968, and the Flood Disaster Protection Act 
     of 1973; and
       ``Whereas, in considering the National Flood Insurance Act 
     of 1968 and the Flood Disaster Protection Act of 1973, the 
     Congress of the United States found the following to be true:
       ```(1) From time to time, flood disasters have created 
     personal hardships and economic distress which have required 
     unforeseen disaster relief measures and have placed an 
     increasing burden on the Nation's resources.
       ``(2) Despite the installation of preventive and protective 
     works, and the adoption of other public programs designed to 
     reduce losses caused by flood damage, these methods have not 
     been sufficient to adequately protect against growing 
     exposure to future flood losses.
       ``(3) As a matter of national policy, a reasonable method 
     of sharing the risk of flood losses is through a program of 
     flood insurance which can complement and encourage preventive 
     and protective measures.
       ``(4) If such a program is initiated and gradually carried 
     out, it can be expanded as knowledge and experience are 
     gained, eventually making flood insurance coverage available 
     on reasonable terms and conditions to persons who have need 
     for such protection.
       ``(5) Many factors have made it economically difficult for 
     the private insurance industry alone to make flood insurance 
     available to those in need of such protection on reasonable 
     terms and conditions.
       ``(6) A program of flood insurance which includes the 
     large-scale participation of the Federal Government carried 
     out to the maximum extent practicable by the private 
     insurance industry is feasible and can be initiated.
       ``(7) Federal instrumentalities insure or otherwise provide 
     financial protection to banking and credit institutions whose 
     assets include a substantial number of mortgage loans and 
     other indebtedness secured by property exposed to loss and 
     damage from floods and mud-slides.
       ``(8) The nation cannot afford the tragic loss of live 
     caused annually by floods, nor the increasing property losses 
     suffered by flood victims, most of whom are still 
     inadequately compensated despite receiving disaster relief 
     benefits.
       ``(9) It is in the public interest for persons already 
     living in flood-prone areas to have an opportunity to 
     purchase flood insurance and to have access to more adequate 
     limits of coverage, so that they will be indemnified for 
     their losses in the event of future flood disasters''; and
       ``Whereas, Hurricane Marilyn's high sustained and gusting 
     winds caused the Territory of the United States Virgin 
     Islands to suffer catastrophic damage in the billions of 
     dollars; and also caused the territory to be declared a 
     federal disaster area by President Clinton; and
       ``Whereas, Hurricane Opal's high sustained and gusting 
     winds have devastated certain areas of the United States gulf 
     coast and the Mexican coast; and
       ``Whereas, Hurricane Luis which threatened the United 
     States Virgin Islands with Category 4 force winds and 
     resulted in some physical damage to the territory; and
       ``Whereas, Hurricane Hugo's high sustained and gusting 
     winds devastated the United States Virgin Islands, 
     particularly St. Croix, and South Carolina in 1989, resulting 
     in damage in the billions of dollars; and
       ``Whereas, Hurricane Andrew's high sustained and gusting 
     winds devastated certain areas of southern Florida in 1992, 
     resulting in damage in the billions of dollars; and
       ``Whereas, in light of a long history of hurricanes and 
     their accompanying windstorms wreaking death and destruction 
     in the United States, its possessions in the Caribbean sea 
     and in the Pacific; and
       ``Whereas, the migration of people to coastal areas of the 
     United States, and to its possessions including the U.S. 
     Virgin Islands have increased; and

[[Page S3015]]

       ``Whereas, recent scientific warnings about global warming 
     and its effect on global weather patterns are predicting more 
     frequent and intense hurricane activity; and
       ``Whereas, the periodic absence of the ``El Nino'' 
     phenomenon increases the likelihood of the formation of 
     hurricanes; and
       ``Whereas, the Legislature of the Virgin Islands finds that 
     the history of past hurricane and windstorm activity, and the 
     prospect of increased hurricane and windstorm activity 
     affecting the United States and its possessions (including 
     the U.S. Virgin Islands) present the same, or similar, 
     considerations which led to enactment of the National Flood 
     Insurance Act of 1968, and the Flood Disaster Protection Act 
     of 1973; and
       ``Whereas, the following is from the National Flood 
     Insurance Act:
       ``(1) Windstorms have created personal hardships and 
     economic distress which have required unforeseen disaster 
     relief measures and have placed an increasing burden on the 
     Nation's resources.
       ``(2) Installation of preventive and protective works . . . 
     have not been sufficient to protect adequately against 
     growing exposure to future [windstorm] losses.
       ``(3) As a matter of national policy, a reasonable method 
     of sharing the risk of [windstorm] losses is through a 
     program of [windstorm] insurance.
       ``(4) If such a program is initiated . . . it can [make 
     windstorm insurance] coverage available on reasonable terms 
     and conditions.
       ``(5) Many factors have made it uneconomical for the 
     private insurance industry alone to make [windstorm] 
     insurance available to those in need of such protection on 
     reasonable terms and conditions.
       ``(6) A program of [windstorm] insurance with large-scale 
     participation of the federal government carried out to the 
     maximum extent practicable by the private insurance industry 
     is feasible and can be initiated.
       ``(7) Federal instrumentalities insure or otherwise provide 
     financial protection to banking and credit institutions whose 
     assets include a substantial number of mortgage loans and 
     other indebtedness secured by property exposed to loss and 
     damage from [windstorms].
       ``(8) The nation cannot afford . . . the increasing losses 
     of property suffered by [windstorm] victims, most of whom are 
     still inadequately compensated despite the provision of 
     costly disaster relief benefits.
       ``(9) It is in the public interest for persons already 
     living in [windstorm-prone] areas to have both an opportunity 
     to purchase [windstorm] insurance and access to more adequate 
     limits of coverage, so that they will be indemnified for 
     their losses in the event of future [windstorm] disasters.'' 
     Now, therefore, be it
       ``Resolved by the Legislature of the Virgin Islands:
       ``Section 1. The Legislature of the Virgin Islands, on 
     behalf of the people of the Virgin Islands, respectfully and 
     urgently petitions the United States Congress to establish a 
     National Windstorm Insurance Program, to be patterned after 
     the National Flood Insurance Program.
       ``Section 2. Copies of this resolution shall be forwarded 
     to the President of the United States, each member of the 
     United States Congress, and the Virgin Islands Delegate to 
     Congress. Copies of this resolution shall also be forwarded 
     to the Governor and the Legislature of every state and 
     possession of the United States located in a windstorm-prone 
     area. These various jurisdictions shall be asked to adopt 
     this resolution and to join with the United States Virgin 
     Islands in petitioning Congress to establish a National 
     Windstorm Insurance Program because they would also benefit 
     from such a program.''
                                                                    ____

       POM-531. A resolution adopted by the House of the 
     Legislature of the State of Georgia; to the Committee on 
     Energy and Natural Resources.

                             ``H.R. No. 850

       ``Whereas, a proposal has been made to the United States 
     Congress to sell facilities used by the Southeastern Power 
     Administration (SEPA) which is headquartered in Elbert 
     County, Georgia; and
       ``Whereas, these facilities, which include nine 
     hydroelectric dams, provide electric power and reservoirs for 
     Georgia; and
       ``Whereas, all of these facilities, operated by the United 
     States Army Corps of Engineers, also provide the public with 
     needed fish and wildlife resources, municipal, industrial, 
     and agricultural water supplies, flood control, reservoir and 
     downstream recreational uses, and river water level 
     regulation; and
       ``Whereas, such proposed sale would give too little 
     assurance that these assets will be administered with due 
     consideration to the purposes of the facilities not related 
     to power production, such as water supply, flood control, 
     navigation, recreation, and environmental protection; and
       ``Whereas, the revenue from the electricity generated by 
     the hydroelectric dams exceeds the retirement obligations of 
     the construction bonds and costs of operation and maintenance 
     for these facilities; and
       ``Whereas, many Georgians served by these facilities could 
     likely experience significant rate increases in electricity 
     and water as a result of this sale: Now, therefore, be it
       ``Resolved by the House of Representatives, That the 
     members of this body urge the United States Congress to 
     reevaluate the negative impacts of this proposal and avoid 
     any transfer of federal dams, resources, turbines, 
     generators, transmission lines, and related power marketing 
     association facilities. Be it further
       ``Resolved, That the Clerk of the House of Representatives 
     is authorized and directed to transmit an appropriate copy of 
     this resolution to the Speaker of the United States House of 
     Representatives, the presiding officer of the United States 
     Senate, and members of the Georgia congressional 
     delegation.''
                                                                    ____

       POM-532. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Puerto Rico; to the 
     Committee on Energy and Natural Resources.

                  ``House Concurrent Resolution No. 35

       ``United States legislation on coasting trade limits the 
     transit of ships between points in the United States, 
     including its territories and possessions, directly or 
     through a foreign port, to ships built and registered in the 
     United States. 46 U.S.C. 883 (1988). Said legislation is 
     applicable not only to the ports of the fifty states, but 
     also to those of the territories and possessions. 46 U.S.C. 
     887 (1988). The Virgin Islands has been the only territory 
     excluded from the application of this legislation, through an 
     amendment approved in 1936. Ch. 228. 49 Stat. 1207.
       ``Said legislation is applicable to Puerto Rico since 1900, 
     when, upon the approval of the first organic act (Foraker 
     Act), the Congress provided that the coasting trade between 
     Puerto Rico and the United States shall be regulated in 
     accordance with the provisions of law applicable to such 
     trade between any two great coasting districts of the United 
     States. Furthermore, Puerto Rico constitutes, according to 
     federal coasting trade laws, one of the `great coasting 
     districts' of the United States. Upon the approval of the 
     Jones Act in 1917, Congress provided that the `laws on 
     tariffs, customs and taxes on imports to Puerto Rico 
     prescribed in the Act (Foraker) would continue in effect.' 
     Ch. 145, Section 58, 39 Stat. 968 (1917). This provision 
     maintained the effectiveness of the coasting trade laws, 
     which are still in force.
       ``Due to our geographic condition as an island, the 
     significantly higher costs of maritime transportation in 
     ships of North American registration and the juridical 
     impossibility of using foreign flag ships, Puerto Rico has 
     always been deprived of the advantages of free competition in 
     the maritime transportation market.
       ``In the United States, there is a growing awareness that 
     the coasting trade legislation is very inefficient and to a 
     certain extent, obsolete. The benefits derived by the limited 
     maritime sector are comparably inferior to those that would 
     be derived by the total United States economy, through a new 
     scheme of free competition in maritime transportation. 
     Important sectors of the government of the United States have 
     proposed the elimination or modification of coasting trade 
     laws as part of their efforts to eliminate those areas in 
     which there is a waste of resources, bureaucracy and 
     inefficiency.
       ``In an increasingly interdependent world, Puerto Rico 
     needs greater flexibility to take advantage of the options 
     offered in the international market. To attain greater 
     economic development, it is essential to reduce the 
     dependency on federal transfers and tax privileges which 
     diminish the dignity of the People, individually and 
     collectively, and which represent an undue burden on the 
     government and taxpayers of the United States. One way of 
     achieving this objective is through the exclusion of Puerto 
     Rico from the scope of application of the federal coasting 
     trade laws. This would not be the first time that the 
     Congress excludes a territory from said legislation. In 1936, 
     the Congress excluded the Virgin Islands to stimulate the 
     economy of said territory. See American Maritime Association 
     vs. Blumenthal, 590 F. 2d 1156, 1166-69 (D.C. Cir. 1978). Be 
     it
       ``Resolved by the Legislature of Puerto Rico:
       ``Section 1. The Legislature of the Commonwealth of Puerto 
     Rico requests the Congress of the United States of America 
     that by virtue of its full power to legislate over Puerto 
     Rico under the Territorial Clause of the Federal 
     Constitution, to amend the coasting trade laws to exclude 
     Puerto Rico from the scope of application of said laws. 
     Specifically, it is herein proposed:
       ``a. that the text of Title 46, Section 293 of the United 
     States Code, in effect be amended to eliminate all reference 
     to Puerto Rico and to integrate the current text of Section 
     293(a) of that same Title 46, to read as follows: `The 
     seacoasts and navigable rivers of the United States shall be 
     divided into five great districts; the first to include all 
     the collection districts on the seacoasts and navigable 
     rivers between the northern boundary of the State of Maine 
     and the southern boundary of the State of Texas; the second 
     to include all the collection districts on the Great Lakes, 
     their connecting and tributary waters, as far east as the 
     Raquette River, New York; the third to include the collection 
     districts on the seacoasts and navigable rivers between the 
     southern boundary of the State of California and the northern 
     boundary of the State of Washington; the fourth to consist of 
     the State of Alaska; the fifth to consist of the State of 
     Hawaii';
       ``b. that the present Section 293(a) of Title 46 of the 
     United States Code be repealed;
       ``c. that the text of the Federal Merchant Marine Act of 
     1920, Section 21, 41 Stat. 997, 46 U.S.C. 877, in effect, be 
     amended to add the following text: `. . .: and provided 
     further, that the coasting laws of the laws of the United 
     States shall not extend to the Commonwealth of Puerto Rico.'

[[Page S3016]]

       ``d. that Section 9 of the federal Act entitled `An Act to 
     temporarily provide revenues and a civil government of Puerto 
     Rico, and for other purposes,' of April 12, 1900, Ch. 191, 31 
     Stat. 79, at present codified as 48 U.S.C. 744, be repealed.
       ``Section 2. A certified copy of this Concurrent Resolution 
     shall be remitted to the members of the Senate and the House 
     of Representatives and to the President of the United States 
     of America, by the Secretaries of both bodies of the 
     Legislature.
       ``Section 3. This Concurrent Resolution shall take effect 
     immediately after its approval.''
                                                                    ____

       POM-533. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Energy and 
     Natural Resources.

                   ``Assembly Joint Resolution No. 30

       ``Whereas, the San Francisco Bay/Sacramento-San Joaquin 
     Delta Estuary (The Delta) is nationally recognized as both an 
     important feature of the state's environmental and an 
     important component of the state's water supply system; and
       ``Whereas, the Delta is the single most important source of 
     water for the people, farms, and businesses of this state, 
     providing the water supply for more than two-thirds of all 
     Californians; and
       ``Whereas, the Delta is home to many aquatic species, 
     including several endangered species; and
       ``Whereas, it is imperative to maintain the water quality 
     of the Delta; and
       ``Whereas, it is the policy and the law of the state to 
     protect and use wisely vita natural resources such as the 
     Delta; and
       ``Whereas, the state has signed a historic accord with the 
     federal government and important state agricultural, urban, 
     and environmental water interests that calls for the 
     development of a comprehensive solution for the 
     environmental, water supply reliability, and water quality 
     problems of the Delta; and
       ``Whereas, the state, the federal government, and important 
     stakeholder interests have initiated a program known as CAL-
     FED to develop comprehensive and long-term solutions to the 
     problems of the Delta; and
       ``Whereas, the CAL-FED program recognizes the need to 
     expand participation to include all impacted parties and the 
     interested public and has established a number of efforts 
     including the Bay Delta Advisory Commission and monthly 
     public workshops to do so; and
       ``Whereas, the success of the CAL-FED program is vital to 
     the environmental and economic well-being of the state; now, 
     therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the President of the United States 
     and the Governor of California to commit to the CAL-FED 
     program the necessary support to ensure the program's success 
     in achieving a comprehensive solution to the problems in the 
     Delta; and be it further
       ``Resolved, That the Legislature of the State of California 
     encourages the people and entities involved in the CAL-FED 
     program to coordinate the development of policies that will 
     lead to comprehensive, economically viable and 
     environmentally compatible solutions for the Delta and which 
     may include proposed changes to state and federal law in 
     support of those solutions; and be it further
       ``Resolved, That the Legislature of the State of California 
     requests the manager of the CAL-FED program to submit to the 
     Legislature a semiannual report on January 1 and July 1 of 
     each year, regarding the progress CAL-FED has made towards 
     achieving comprehensive and long-term solutions to the 
     problems of the Delta; and be it further
       ``Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President of the United 
     States, to each Senator and Representative from California in 
     the Congress of the United States, and to the Governor.''
                                                                    ____

       POM-534. A resolution adopted by the Senate of the 
     Legislature of the State of Alaska; to the Committee on 
     Energy and Natural Resources.

                         ``Senate Resolve No. 5

       ``Whereas the Alaska National Interest Lands Conservation 
     Act (ANILCA), P.L. 96-487, was intended by its framers to 
     fully settle the status of all federal land in Alaska and 
     therefore provide much needed stability for the benefit of 
     all businesses and citizens of the State of Alaska; and
       ``Whereas two areas of extreme importance to Alaska in 
     ANILCA were
       ``(1) Title XI, which provided a mechanism to gain a right 
     of access across Conservation System Units that were created 
     as part of ANILCA; and
       ``(2) Secs. 101d and 1326b of ANILCA which prohibited the 
     creation of new Conservation System Units in Alaska; and
       ``Whereas Title XI of ANILCA was specifically included to 
     provide assured, reasonable, and timely access across the 
     patchwork of federal Conservation System Units in Alaska but 
     has been administered by the federal government in such a 
     manner as to amount to no more than useless rhetoric; and
       ``Whereas secs. 101d and 1326b of ANILCA were included to 
     assure no further land withdrawals from multiple use from the 
     federal land base in Alaska, but these provisions have also 
     been ignored by the federal government since the passage of 
     ANILCA; and
       ``Whereas these two areas of extreme importance have been 
     ignored by the federal government with the end result 
     negatively affecting citizens and businesses in Alaska; and
       ``Whereas Alaska has the ability to request land exchanges 
     under secs. 103b and 1302h of ANILCA of land now known to 
     contain high resource values that have been arbitrarily 
     withdrawn from multiple use of ANILCA; be it
       ``Resolved, That the Alaska State Senate respectfully 
     requests that the federal government live up to the true 
     intent of the Alaska National Interest Lands Conservation Act 
     in all issues of access, and creation of additional 
     Conservation System Units, and fully support exchanges of 
     high resource value land with Alaska to enable Alaska to 
     establish greater economic and infrastructure opportunities 
     for the people of the state.''
                                                                    ____

       POM-535. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Energy and Natural 
     Resources.

                      ``Legislative Resolve No. 7

       ``Whereas the founding fathers of this nation recognized 
     that land is power and that a centralized federal government 
     with a substantial land base would eventually overwhelm the 
     states and pose a threat to the freedom of the individual; 
     and
       ``Whereas the original 13 colonies and the next five states 
     admitted to the Union were granted fee title to all land 
     within their borders; and
       ``Whereas all but two states admitted to the Union since 
     1802 were denied the same rights of land ownership granted 
     the states admitted earlier; and
       ``Whereas art. I, sec. 8, of the Constitution of the United 
     States of America makes no provision for land ownership by 
     the federal government, other than by purchase from the 
     states of land `. . . for the erection of forts, magazines, 
     arsenals, dock-yards, and other needful buildings'; and
       ``Whereas acting contrary to the provisions of art. I, sec. 
     8, of the Constitution of the United States, the federal 
     government withheld property from the states admitted since 
     1802, making them land poor and unable to determine their own 
     land use and development policies; and
       ``Whereas this action has made those states admitted since 
     1802 unequal to other states and subject to unwarranted 
     federal control; and
       ``Whereas restoration of property to which they are 
     historically and constitutionally entitled would empower the 
     land poor states to determine their own land use policies; be 
     it
       ``Resolved, That the Alaska State Legislature urges the 
     104th Congress of the United States to right the wrong and to 
     transfer to the states, by fee title, any federally 
     controlled property currently held within the states admitted 
     to the Union since 1802; and be it further
       ``Resolved, That the Congress is urged to then purchase 
     from the newly empowered States land needed to meet the 
     provision of art. I, sec. 8, United States Constitution.''
                                                                    ____

       POM-536. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Energy and 
     Natural Resources.

                   ``Assembly Joint Resolution No. 35

       ``Whereas, more than 50 years have elapsed since the 
     Imperial Navy of Japan launched its surprise attack on the 
     United States Naval Installation at Pearl Harbor, Hawaii; and
       ``Whereas, in the early morning of Sunday, December 7, 
     1941, the forces of the Imperial Navy of Japan under the 
     command of Vice Admiral Chuichi Nagumo attacked the 
     installations of the United States Pacific Fleet at Pearl 
     Harbor, Hawaii; and
       ``Whereas, the Japanese forces were formidable, and 
     consisted of 6 aircraft carriers, 2 battleships, 2 heavy 
     cruisers, 11 destroyers, 360 aircraft, and various other 
     vessels; and
       ``Whereas, during the 2-hour attack by the Japanese 2,330 
     United States military personnel were killed and 1,145 were 
     wounded, and 100 civilians were killed or wounded; and
       ``Whereas, the United States Pacific Fleet in Pearl Harbor 
     that morning included 94 Navy ships most of which were moored 
     for the weekend; and
       ``Whereas, of the 94 ships, 70 were combat vessels, and 24 
     were auxiliary vessels; and
       ``Whereas, during the attack by the Japanese all 8 of the 
     battleships in the harbor were hit, 5 were sunk, and one was 
     severely damaged, several cruisers were damaged, 2 destroyers 
     were sunk, and 9 other ships were sunk or severely damaged; 
     and
       ``Whereas, of the 300 United States Army and Navy airplanes 
     on Oahu that morning, the Japanese destroyed 140 and damaged 
     80, most of which were attacked on the ground, and the attack 
     heavily damaged 6 Oahu air bases; and
       ``Whereas, the 3 Pacific Fleet aircraft carriers stationed 
     at Pearl Harbor were fortunately not in the harbor at the 
     time of the attack and thus escaped damage; and
       ``Whereas, that attack was a severe blow to the Pacific 
     defenses of the United States and brought the United States 
     into World War II as an active participant and marked the 
     commencement of what was to become the greatest series of 
     naval engagements in history, first to halt the expansion of 
     the Japanese Imperial Forces, then to rout them from their 
     entrenched positions; and

[[Page S3017]]

       ``Whereas, although a Pearl Harbor Memorial was erected 
     above the sunken Battleship U.S.S. Arizona in Pearl Harbor, 
     it is fitting and appropriate that an additional memorial be 
     constructed in Washington, D.C. memorializing the great 
     sacrifice made by those Americans who perished at the hands 
     of the Japanese in that surprise attack; now, therefore, be 
     it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the President and the 
     Congress of the United States to take every action necessary 
     to ensure the construction, dedication, and maintenance of a 
     Pearl Harbor Memorial in a suitable place of honor in 
     Washington, D.C.; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the United States 
     House of Representatives, and to each Senator and 
     Representative from California in the Congress of the United 
     States.''

                          ____________________