[Congressional Record Volume 143, Number 74 (Tuesday, June 3, 1997)]
[Senate]
[Pages S5250-S5253]
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

[[Page S5251]]

were referred or ordered to lie on the table as indicated:

       POM-111. A resolution adopted by the House of the 
     Legislature of the State of Michigan; to the Committee on 
     Labor and Human Resources.

                        House Resolution No. 26

       Whereas, while the history of organized labor has often 
     been marked by difficulties and controversy over the years, 
     working men and women bargaining in good faith through formal 
     labor negotiations has brought many benefits to our state and 
     nation. The standard of living for working families is much 
     higher than it could possibly be without organization. For 
     responsible companies, the steady supply of reliable workers 
     also brings many rewards and long-term stability; and
       Whereas, in recent years, a shift seems to be occurring in 
     strategy for businesses in how they handle labor disputes. 
     Too often, the initial response in a labor dispute is for 
     management to hire replacement workers instead of negotiating 
     with the workers. This short-sighted action severely hinders 
     all communications between management and workers. Often, 
     hiring replacement workers sets in motion an escalating 
     series of actions that are harmful to everyone; and
       Whereas, Michigan has experienced this recently through the 
     lengthy and bitter newspaper strike in Detroit. Hiring 
     permanent replacement workers has clearly hindered the 
     effectiveness of negotiations and made a difficult situation 
     far worse and more divisive than necessary. This extended 
     tension is harmful to labor, management, and the public; now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact 
     legislation to prohibit the hiring of permanent replacement 
     workers as an alternative to negotiations and settlements of 
     labor disputes; and be it further
       Resolved, That copies of this resolution and the roll call 
     on its adoption be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the members of the Michigan 
     congressional delegation.
                                                                    ____

       POM-112. A joint resolution adopted by the Legislature of 
     the State of Montana; to the Committee on Labor and Human 
     Resources.
       Whereas, the ever-increasing cost of prescription drugs is 
     causing a hardship for low-income seniors and low-income 
     persons of all ages; and
       Whereas, the problem is not caused by local pharmacists who 
     at this time are engaged in a class action suit to correct 
     this injustice; and
       Whereas, some of the cost of research and development of 
     prescription drugs is funded through the National Institutes 
     of Health and paid for by tax dollars; and
       Whereas, the prescription drugs manufactured by these 
     United States companies can be purchased in Canada or Mexico 
     for one-half to one-third of the cost in the United States; 
     and
       Whereas, most seniors are reliant on Medicare, which does 
     not pay for most prescription drugs; many Americans' health 
     insurance does not cover prescription drugs; and altogether, 
     consumers purchase three-quarters of all prescription drugs 
     out of pocket;
       Whereas, many seniors live on fixed incomes, and incomes 
     have not kept pace with the prices of prescription drugs that 
     from 1980 to 1991 outpaced the general inflation rate 3 to 1; 
     and
       Whereas, certain consumers have no recourse other than to 
     use drugs regulated by the federal Orphan Drug Act, and the 
     prices of these drugs are not subject to market pressures.
       Now, therefore, be it resolved by the Senate and the House 
     of Representatives of the State of Montana, That the United 
     States Congress continue its investigation into the reasons 
     for the exorbitant drug prices charged to customers who have 
     no other alternatives and enact legislation to remedy this 
     situation.
       Be it further resolved, That the Secretary of State send a 
     copy 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 each member of the Montana Congressional Delegation.
                                                                    ____

       POM-113. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on Labor 
     and Human Resources.

                    Senate Joint Resolution No. 377

       Whereas, the services provided by Emergency Medical Service 
     (EMS) employees play a critical role in protecting the lives 
     and health of citizens throughout the Commonwealth; and
       Whereas, EMS employees work and live alongside their 
     firefighter counterparts in fire stations on a 24-hour, 365-
     day-a-year basis and are an integral part of the emergency 
     service delivery system; and
       Whereas, providing effective and cost-efficient emergency 
     medical services is best achieved by scheduling EMS employees 
     to work 24-hour shifts rather than traditional eight-hour 
     shifts; and
       Whereas, a majority of EMS employees support the 24-hour 
     shift versus the eight-hour shift; and
       Whereas, the provisions of current federal law (29 USCS 
     Sec. 207) require that employers pay overtime compensation 
     equal to one and one-half times the regular rate of 
     compensation when an employee works longer than 40 hours in 
     one week. The federal statute does provide an overtime 
     exemption for the employers of fire, police and corrections 
     personnel. The exemption allows employers of these employees 
     to calculate overtime pay by averaging the number of hours 
     worked over a period of 28 days rather than on a weekly 
     basis, thereby reducing overtime costs for localities. This 
     exemption permits localities to schedule employees in a more 
     productive, economical, and efficient manner; and
       Whereas, a recent judicial decision has resulted in the 
     federal government interpreting 29 USCS Sec. 207 in a manner 
     that precludes a similar overtime exemption for EMS 
     employers; and
       Whereas, the lack of an overtime exemption for EMS 
     personnel results in increased operating costs for localities 
     and a reduction in operating efficiency; now, therefore, be 
     it
       Resolved by the Senate, the House of Delegates concurring, 
     That Congress be urged to amend the Fair Labor Standards Act 
     to better address the unique characteristics of emergency 
     medical service employees and to provide an overtime 
     exemption for such employees similar to that provided for 
     fire, police and corrections employees; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States Senate, the Speaker of the House of Representatives, 
     and the members of the Congressional Delegation of Virginia 
     in order that they may be apprised of the sense of the 
     General Assembly in this matter.
                                                                    ____

       POM-114. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on Labor 
     and Human Resources.

                    Senate Joint Resolution No. 314

       Whereas, improving patient access to quality health care is 
     a paramount national goal; and
       Whereas, a key to improved health care, especially for 
     people 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 in the 
     United States taking 15 years; and
       Whereas, although the United States has long led the world 
     in discovering new drugs, too many new medicines are first 
     introduced in other countries, with 40 drugs currently 
     approved in one or more foreign countries still in 
     development in the United States or awaiting FDA approval; 
     and
       Whereas, patients are waiting for the industry to discover 
     and efficiently develop safe and effective new medicines 
     sooner; 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, the current rules and practices governing the 
     review of new drugs, biological products, and medical devices 
     by the Food and Drug Administration can delay approvals and 
     are unnecessarily expensive; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That Congress be urged to enact legislation to facilitate the 
     Food and Drug Administration's procedures for the approval of 
     safe and effective innovative new drugs, biological products 
     and medical devices; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and to each member 
     of the Congressional Delegation of Virginia in order that 
     they may be apprised of the sense of the General Assembly in 
     this matter.
                                                                    ____

       POM-115. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on 
     Veterans' Affairs.

                     House Joint Resolution No. 401

       Whereas, because of the large number of federal military 
     installations and contracting industries located in the 
     Commonwealth, over 725,000 veterans of the armed services now 
     live in Virginia; and
       Whereas, approximately 97,000 veterans of Operation Desert 
     Storm now reside in Virginia; and
       Whereas, medical facilities for veterans are now located in 
     Salem, Hampton, Richmond, Martinsburg, West Virginia, 
     Washington, D.C., and Baltimore, Maryland; and
       Whereas, the health of many veterans is declining due to 
     advancing age and health conditions associated with their 
     service in the military; and
       Whereas, travel to available veterans' medical facilities 
     is difficult and inconvenient for many veterans who live in 
     Northern Virginia; and
       Whereas, an estimated 220,000 veterans live within a 50-
     mile radius of a Northern Virginia site proposed for a 
     veterans' medical facility; and
       Whereas, construction of a U.S. Department of Veterans 
     Affairs outpatient clinic in Northern Virginia has been 
     authorized by the federal government, but has never been 
     funded; and

[[Page S5252]]

       Whereas, such a clinic is urgently needed, and a suitable 
     facility is now available for lease from a willing vendor; 
     and
       Whereas, similar outpatient clinics have demonstrated their 
     cost-effectiveness by releasing in-patient beds at other 
     facilities, freeing medical and technical personnel for other 
     duties, and accelerating recovery time by keeping patients 
     close to home; and
       Whereas, a resolution supporting such a facility was 
     adopted at the national convention of the Veterans of Foreign 
     Wars in Louisville, Kentucky, in 1996; now, therefore, be it
       Resolved by the House of Delegates, the Senate concurring, 
     That the Congress of the United States be urged to authorize 
     and fund the establishment of a veterans' medical outpatient 
     clinic in Northern Virginia; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, the members of the Congressional 
     Delegation of Virginia, and the Secretary of the United 
     States Department of Veterans Affairs in order that they may 
     be apprised of the sense of the General Assembly of Virginia 
     in this matter.
                                                                    ____

       POM-116. A resolution adopted by Township Committee of the 
     Township of Millburn, County of Essex, New Jersey relative to 
     private relief; to the Committee on the Judiciary.
       POM-117. A resolution adopted by the Council of the City of 
     Cincinnati, Ohio relative to the illegal drug trade; to the 
     Committee on the Judiciary.
       POM-118. A resolution adopted by the Council of the City of 
     Cincinnati, Ohio relative to the illegal drug trade; to the 
     Committee on the Judiciary.
       POM-119. A resolution adopted by the General Assembly of 
     the State of Colorado; to the Committee on the Judiciary.

                     House Joint Resolution 97-1011

       Whereas, the annual federal budget has not been balanced 
     since 1969, and the federal public debt is now more than $5 
     trillion, an amount equaling approximately $20,000 for every 
     man, woman, and child in America; and
       Whereas, continued deficit spending demonstrates an 
     unwillingness or inability of both the federal executive and 
     legislative branches to spend no more than available 
     revenues; and
       Whereas, fiscal irresponsibility at the federal level is 
     lowering our standard of living, destroying jobs, and 
     endangering economic opportunity now and for the next 
     generation; and
       Whereas, the federal government's unlimited ability to 
     borrow raises questions about fundamental principles and 
     responsibilities of government, with potentially profound 
     consequences for the nation and its People, making it an 
     appropriate subject for limitation by the Constitution of the 
     United States; and
       Whereas, the Constitution of the United States vests the 
     ultimate responsibility to approve or disapprove 
     constitutional amendments with the People, as represented by 
     their elected state legislatures, and opposition by a small 
     minority in the United States Congress repeatedly has 
     thwarted the will of the People that a balanced budget 
     amendment to the Constitution should be submitted to the 
     states for ratification; now, therefore, be it
       Resolved by the House of Representatives of the Sixty-first 
     General Assembly of the State of Colorado, the Senate 
     concurring herein: That the General Assembly requests the 
     United States Congress to expeditiously pass, and propose to 
     the legislatures of the several states for ratification, an 
     amendment to the Constitution of the United States requiring 
     that, in the absence of a national emergency, the total of 
     all federal appropriations made by the Congress for any 
     fiscal year may not exceed the total of all estimated federal 
     revenues for that fiscal year.
       Be It Further Resolved, That copies of this Joint 
     Resolution be sent to all members of the United States Senate 
     and House of Representatives, and to the Secretary of State, 
     and the presiding officers of both houses of the legislatures 
     of each of the other states.
                                                                    ____

       POM-120. A concurrent resolution adopted by the General 
     Assembly of the State of Delaware; to the Committee on the 
     Judiciary.

                   House Concurrent Resolution No. 6

       Whereas, separation of powers is fundamental to the United 
     States Constitution and the power of the federal government 
     is strictly limited; and
       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 and their duly elected representatives in state 
     government, to reaffirm, in no certain 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; 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
       Now, therefore, be it
       Resolved by the House of Representatives of the 139th 
     General Assembly, the Senate concurring therein, 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 a political subdivision thereof, or an official of 
     such a state or political subdivision, to levy or increase 
     taxes.''
       Be it further resolved, That the Legislature of the State 
     of Delaware 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.
       Be it further resolved, That the Secretary of State of the 
     State of Delaware transmit copies of this Resolution to the 
     President and Vice President of the United States, the 
     presiding officer in each house of legislature in each of the 
     states of the Union, the Speaker of the United States House 
     of Representatives, the Majority Leader of the United States 
     Senate and to each member of the State of Delaware 
     Congressional Delegation.


                                synopsis

       In 1990 a U.S. Supreme Court decision (Missouri v. Jenkins) 
     upheld an appeals court ruling which affirmed a District 
     Court's order allowing the local school board to raise 
     property taxes as part of a school desegregation plan in 
     Kansas City. This Resolution calls for an amendment to the 
     U.S. Constitution which would end the self-proclaimed 
     authority and power to tax which the federal courts have 
     given themselves. The language of the proposed amendment does 
     not change the Constitution. Rather, it reasserts a basic 
     premise of representative government--there shall be no 
     taxation without representation.
       POM-121. A joint resolution adopted by the General Assembly 
     of the State of Maryland; to the Committee on the Judiciary.

                       House Joint Resolution 25

       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 decency, as well as orderliness and 
     productive value of public debate; and
       Whereas, certain actions, although arguably related to one 
     person's free expression, nevertheless; and
       Whereas, the matter is still unresolved and pending as a 
     subject of great interest and concern; 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 therefore worthy of protection from 
     desecration and dishonor; and
       Whereas, the American Flag to this day is a most honorable 
     and worthy banner of a nation which is thankful for its 
     strengths and committed to curing its faults, and remains the 
     destination of millions of immigrants attracted by the 
     universal power of the American ideal; and
       Whereas, the Maryland House of Delegates voted 101 to 30 
     and the Maryland Senate voted 42 to 5 to approve the Joint 
     Resolution on March 3, 1994; and
       Whereas, it is only fitting that people everywhere should 
     lend their voices to a forceful call for restoration to the 
     Stars and Stripes of a proper station under law and decency; 
     now, therefore, be it
       Resolved by the General Assembly of Maryland, That the 
     General Assembly respectfully memorialize 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; and be 
     it further
       Resolved, That copies of this Resolution be transmitted by 
     the Department of Legislative Reference to the Speaker of the 
     U.S. House of Representatives and the President of the U.S. 
     Senate; and be it further
       Resolved, That a copy of this Resolution be forwarded by 
     the Department of Legislative Reference to the Maryland 
     Congressional Delegation: Senators Paul S. Sarbanes and 
     Barbara A. Mikulski, Senate Office Building,

[[Page S5253]]

     Washington, D.C. 20510; and Representatives Wayne T. 
     Gilchrest, Robert L. Ehrlich, Jr., Benjamin L. Cardin, Albert 
     R. Wynn, Steny Hamilton Hoyer, Roscoe G. Bartlett, Elijah E. 
     Cummings, and Constance A. Morella, House Office Building, 
     Washington, D.C. 20515.
       POM-122. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia; to the Committee on the 
     Judiciary.

                    Senate Joint Resolution No. 307

       Whereas, in addition to setting quotas for the number of 
     immigrants who may enter this country legally, the federal 
     government has the responsibility of maintaining the borders 
     of the United States against illegal entry; and
       Whereas, while illegal aliens are not entitled to 
     assistance in the form of social services, states are 
     required by federal statute or by court decisions to provide 
     emergency medical care, education, nutrition programs, and 
     incarceration for many undocumented aliens with little or no 
     reimbursement from the federal government; and
       Whereas, many states are being hit hard by budgetary 
     cutbacks and are feeling the impact on state revenues and 
     expenditures incurred by these federal mandates; and
       Whereas, some states have tried unsuccessfully to use the 
     legal system to recoup some of these expenses from the 
     federal government; and
       Whereas, although the federal government has been 
     forthcoming with some funds to help with some of the costs, 
     the amounts are negligible in comparison to the actual costs 
     to the states; and
       Whereas, the recent federal Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 addresses some 
     issues of social assistance to aliens, but the financial 
     impact is more addressed to immigrants who are here legally; 
     and
       Whereas, there appears to be a need for a better working 
     relationship between the states and the United States 
     Immigration and Naturalization Services to identify those 
     persons who are here illegally; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress of the United States be urged to take 
     appropriate steps to reimburse the states for the costs of 
     services provided to illegal aliens; and, be it
       Resolved further, That the Congress be urged to honor its 
     obligations to protect the United States borders and to 
     expedite the removal of those who reside here illegally; and, 
     be it
       Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and the members of 
     the Congressional Delegation of Virginia in order that they 
     may be apprised of the sense of the General Assembly in this 
     matter.

                          ____________________