[Congressional Record Volume 142, Number 103 (Friday, July 12, 1996)]
[Senate]
[Pages S7815-S7816]
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-652. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on the Judiciary.

                      ``Legislative Resolve No. 54

       ``Whereas the State of Alaska is within the jurisdiction of 
     the United States Court of Appeals for the Ninth Circuit; and
       ``Whereas the Court of Appeals for the Ninth Circuit 
     consists of the States of Alaska, Arizona, California, 
     Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and

[[Page S7816]]

     the federal territories, possessions, and protectorates in 
     the Pacific; and
       ``Whereas United States Representatives Bunn and White of 
     Oregon, Representative Dunn of Washington, and Representative 
     Young of Alaska have introduced H.R. 2935, a bill that would 
     amend Title 28 of the United States Code to divide the Court 
     of Appeals for the Ninth Circuit into two circuits, and that 
     has the short title of the ``Ninth Circuit Court of Appeals 
     Reorganization Act of 1996''; and
       ``Whereas H.R. 2935 proposes to remove the states of 
     Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and 
     Washington from the Court of Appeals for the Ninth Circuit 
     and place them in a new Court of Appeals for the Twelfth 
     Circuit to be headquartered in Portland, Oregon; and
       ``Whereas H.R. 2935 would make each circuit judge of the 
     Court of Appeals for the Ninth Circuit whose duty station is 
     in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or 
     Washington a circuit judge of the new Court of Appeals for 
     the Twelfth Circuit; and
       ``Whereas the membership of the Court of Appeals for the 
     Ninth Circuit is heavily weighted toward the State of 
     California and the court seems to concern itself 
     predominately with issues arising out of California and the 
     southwestern United States; and
       ``Whereas the Court of Appeals for the Ninth Circuit's case 
     filings are greater than any other federal circuit; and
       ``Whereas members of the Court of Appeals for the Ninth 
     Circuit have shown a surprising lack of understanding of 
     Alaska's people and geography that has resulted in decisions 
     that have often caused the people of Alaska unnecessary 
     hardship; and
       ``Whereas, in the so-called ``Katie John'' subsistence 
     case, which is of tremendous importance to the people of the 
     State of Alaska, even though the Court of Appeals for the 
     Ninth Circuit granted expedited consideration of that case, 
     the court did not issue its decision for over 13 months; this 
     expedited decision is now under reconsideration by the court; 
     and
       ``Whereas Attorney General Bruce Botelho estimates that 
     there are more than 200 Alaska cases currently pending before 
     the Court of Appeals for the Ninth Circuit; and
       ``Whereas the Attorneys General of the States of Idaho, 
     Montana, Oregon, and Washington have also found that similar 
     issues of unnecessary delay concerning, lack of understanding 
     of, and lack of consideration for cases and issues by the 
     Court of Appeals for the Ninth Circuit exist in regard to 
     those states; and
       ``Whereas the Attorneys General of the States of Alaska, 
     Idaho, Montana, Oregon, and Washington have endorsed S. 956, 
     the United States Senate counterpart to 
     H.R. 2935; and
       ``Whereas the creation of a new Court of Appeals for the 
     Twelfth Circuit encompassing the States of Alaska, Arizona, 
     Idaho, Montana, Nevada, Oregon, and Washington by H.R. 2935 
     would benefit these similar states by providing speedier and 
     more consistent rulings by jurists who have a greater 
     familiarity with the social, geographical, political, and 
     economic life of the region;
       ``Be it Resolved, That the Alaska State Legislature 
     supports creation of a new Court of Appeals for the Twelfth 
     Circuit for the States of Alaska, Arizona, Idaho, Montana, 
     Nevada, Oregon, and Washington head- 
     quartered in the Pacific Northwest; and respectfully requests 
     the United States Congress to act in an expeditious manner.''
                                                                    ____

       POM-653. A joint resolution adopted by the Legislature of 
     the State of Rhode Island; to the Committee on Labor and 
     Human Resources.

                           ``Joint Resolution

       ``Whereas, Improving patient access to qualify 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 produce, 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 unfairly limit 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, That this general assembly of the state of 
     Rhode Island and Providence Plantations hereby respectfully 
     urges the President and 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;
       ``Resolved, That the secretary of state be and he hereby is 
     authorized and directed to transmit duly certified 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 the Rhode Island 
     delegation in Congress.
                                                                    ____

       POM-654. A resolution adopted by the Council of the City 
     and County of Honolulu, Hawaii relative to the draft of 
     proposed legislation entitled ``Private Storage Facility 
     Authorization Act of 1996''; to the Committee on Energy and 
     Natural Resources.

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