[Congressional Record Volume 143, Number 141 (Monday, October 20, 1997)]
[Senate]
[Pages S10851-S10858]
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-242. A resolution adopted by the Council of the City of 
     South Dayton, Florida relative to the Intermodal Surface 
     Transportation Efficiency Act; to the Committee on 
     Environment and Public Works.
       POM-243. A resolution adopted by the Board of Commissioners 
     of the Borough of Allenhurst, New Jersey relative to the 
     proposed ``Ocean Celebration Day''; to the Committee on 
     Environment and Public Works.
       POM-244. A resolution adopted by the Council of the City of 
     Plantation, Florida relative to the Intermodal Surface 
     Transportation Efficiency Act; to the Committee on 
     Environment and Public Works.
       POM-245. A resolution adopted by the National Association 
     of State Treasurers relative to the automated standard 
     application for payments system; to the Committee on 
     Governmental Affairs.
       POM-246. A resolution adopted by the Junior Order United 
     American Mechanics relative to illegal aliens; to the 
     Committee on the Judiciary.
       POM-247. A resolution adopted by the Junior Order United 
     American Mechanics relative to the American Flag; to the 
     Committee on the Judiciary.
       POM-248. A resolution adopted by the Junior Order United 
     American Mechanics relative to prayer and Bible in public 
     schools; to the Committee on the Judiciary.
       POM-249. A resolution adopted by the Junior Order United 
     American Mechanics relative to American security and 
     sovereignty; to the Committee on the Judiciary.
       POM-250. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Veterans' 
     Affairs.

                    Assembly Joint Resolution No. 5

       Whereas, The debate surrounding the impacts of chemical 
     weapon agents and the Gulf War Syndrome are both overdue and 
     have not been far-reaching enough; and
       Whereas, The White House, Congress, and the Department of 
     Defense struggle to understand the enigmatic illnesses 
     troubling our Gulf War veterans; and
       Whereas, The basic question of whether the illnesses 
     experienced by troops serving in the Gulf War were the result 
     of some specific and unusual exposure related to that service 
     has not been answered conclusively; and
       Whereas, The Department of Defense has confirmed that 
     American forces had been in the presence of Iraqi chemical 
     munitions at Khamisiyah, a weapons storage site destroyed by 
     American forces at the end of the war, and that exposure was 
     possible; and
       Whereas, The Department of Defense, in cooperation with the 
     CIA and other agencies, are conducting extensive 
     investigations, reaching out to more than 20,000 service 
     personnel who may have been in the vicinity of Khamisiyah at 
     the time of the possible release of chemical agents; and
       Whereas, The Department of Defense has committed to 
     continue efforts to investigate this incident, and any 
     similar incidents that are identified, and spare no resource 
     in this effort; and
       Whereas, The Pentagon is seeking proposals on studies 
     focusing on the impact of low-level exposure to chemical 
     weapons and has earmarked $10 million for the study; and
       Whereas, The Presidential Advisory Committee on Gulf War 
     Veterans Illnesses established by President Clinton on May 
     26, 1995, has released its final report calling for continued 
     and extensive investigation and study of this issue; and
       Whereas, Nobel Prize winning geneticist, Dr. Joshua 
     Lederberg, may revise the findings of his investigation into 
     veterans' claims regarding Gulf War Syndrome, because of new 
     information; and
       Whereas, The Pentagon and Congress of the United States are 
     attempting to limit research to approximately two years to 
     identify problems in connection with Gulf War Syndrome; and
       Whereas, The California Legislature finds this action 
     unacceptable and therefore supports continued research to 
     address this extremely serious problem: Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the President and 
     Congress to

[[Page S10852]]

     continue efforts to ensure that veterans of the Gulf War are 
     appropriately cared for, to do everything possible to 
     understand and explain Gulf War illnesses, to put into place 
     those military doctrines, personnel, and medical policies, 
     procedures, and equipment that will minimize any future 
     problems from exposure to biological or chemical agents or 
     other environmental hazards, and to use all means necessary 
     to ensure that Gulf War veterans who placed themselves in 
     harms way on behalf of all Americans are provided the 
     assistance, support, and care they deserve; 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 House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-251. A concurrent resolution adopted by the Legislature 
     of the State of Ohio; to the Committee on Veterans' Affairs.

                   House Concurrent Resolution No. 13

       Be it resolved by the House of Representatives of the State 
     of Ohio (the Senate concurring):
       Whereas, Self-employed and other recalled reservists, 
     including many of our farmers, doctors, and small-business 
     people, served with great distinction during Operation Desert 
     Storm; and
       Whereas, Those reservists contributed to the readiness, 
     preparedness, and combat capability of the coalition forces 
     that participated in Operation Desert Storm; and
       Whereas, Often those reservists have found themselves in 
     dire financial straits resulting from their absence from 
     their businesses, professions, or occupations for this active 
     duty service; and
       Whereas, Some of those reservists' families and businesses 
     suffered financial damage as serious as that caused by a 
     hurricane or other natural disaster: Now, therefore be it
       Resolved, That the General Assembly of the State of Ohio 
     urges the Congress of the United States to identify existing 
     sources of financial relief for the financially damaged 
     families and businesses of self-employed and other recalled 
     reservists; and be it further
       Resolved, That the General Assembly urges Congress to pass 
     legislation in accordance with other disaster loan critieria 
     to provide long-term, low-interest loans to self-employed and 
     other recalled reservists; and be it further
       Resolved, That the Legislative Clerk of the House of 
     Representatives transmit duly authenticated copies of this 
     Resolution to the President of the United States, to the 
     President Pro Tempore and Secretary of the United States 
     Senate, to the Speaker and Clerk of the United States House 
     of Representatives, to the members of the Ohio Congressional 
     delegation, and to the news media of Ohio.
                                  ____

       POM-252. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Labor and Human 
     Resources.

                     House Joint Resolution No. 31

       Be it resolved by the Legislature of the State of Alaska:
       Whereas improving patient access to quality health care is 
     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 United States citizens; 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 
     Constitution of the United States; 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: Be it
       Resolved, That the Alaska State Legislature respectfully 
     urges the Congress of the United States to address the 
     important issues described above by enacting comprehensive 
     legislation to amend the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 301-395) to facilitate the rapid review and 
     approval of innovative new drugs, biological products, and 
     medical devices, without compromising patient safety or 
     product effectiveness.
       Copies of this resolution, property certified, shall be 
     sent to the Honorable Bill Clinton, President of the United 
     States; the Honorable Al Gore, Jr., Vice President of the 
     United States and President of the U.S. Senate; to the 
     Honorable Newt Gingrich, Speaker of the U.S. House of 
     Representatives; and to the Honorable Ted Stevens and the 
     Honorable Frank Murkowski, U.S. Senators, and the Honorable 
     Don Young, U.S. Representative, members of the Alaska 
     delegation in Congress.
                                  ____

       POM-253. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Labor and 
     Human Resources.

                  Senate Concurrent Resolution No. 158

       Whereas, a settlement agreement based on a law suit 
     originally filed by six states, including Louisiana, has been 
     reached which would provide three hundred fifty-eight billion 
     dollars over the next twenty-five years payable to all the 
     fifty states and which would provide for stringent 
     regulations by the United States Food and Drug Administration 
     to regulate the tobacco industry has been reached; and
       Whereas, Louisiana, as one of the leaders in the litigation 
     and among one of the first to join with other states to 
     aggressively pursue litigation against the tobacco industry, 
     unfortunately also has one of the highest incidence of deaths 
     attributable to smoking and the use of tobacco products in 
     the nation, thus an expeditious approval of the agreement and 
     disbursement of much needed moneys to the state is 
     respectfully requested: Therefore, be it,
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to act promptly and approve 
     this historic settlement agreement with the tobacco industry 
     and enact legislation to authorize the United States Food and 
     Drug Administration to promulgate necessary regulations to 
     protect children from tobacco marketing and access; and be it 
     further
       Resolved, That a copy of this Resolution shall 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 delegation.
                                  ____

       POM-254. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on the Judiciary.

                     House Joint Resolution No. 30

       Be it Resolved by the Legislature of the State of Alaska:
       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 the federal 
     territories, possessions, and protectorates in the Pacific; 
     and
       Whereas United States Senators Stevens and Murkowski of 
     Alaska, Senators Craig and Kempthorne of Idaho, Senator Smith 
     of Oregon, Senator Burns of Montana, and Senator Gorton of 
     Washington have introduced S. 431, 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 1997''; and
       Whereas S. 431 proposes to remove the states of Alaska, 
     Idaho, Montana, 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 Seattle, Washington; and
       Whereas S. 431 would make each circuit judge of the Court 
     of Appeals for the Ninth Circuit whose duty station is in 
     Alaska, Idaho, Montana, 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 in 1995 were greater than any other federal circuit 
     and in 1996 were the second greatest; and
       Whereas the Court of Appeals for the Ninth Circuit serves a 
     population of more than 45,000,000 people, well over one-
     third more 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; 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 previously 
     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 endorsed S. 965, 
     introduced in the previous Congress to create a new Twelfth 
     Circuit Court of appeals and the forerunner to S. 431; and
       Whereas the creation of a new Court of Appeals for the 
     Twelfth Circuit encompassing the States of Alaska, Idaho, 
     Montana, Oregon, and Washington by S. 431 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

[[Page S10853]]

     of Alaska, Idaho, Montana, Oregon, and Washington 
     headquartered in the Pacific Northwest; and respectfully 
     requests the United States Congress to act in an expeditious 
     manner.
       Copies of this resolution shall be sent to the Honorable Al 
     Gore, Jr., Vice-President of the United States and President 
     of the U.S. Senate; the Honorable Strom Thurmond, President 
     Pro Tempore of the U.S. Senate; the Honorable Newt Gingrich, 
     Speaker of the U.S. House of Representatives; the Honorable 
     Trent Lott, Majority Leader of the U.S. Senate; the Honorable 
     Dick Armey, Majority Leader of the U.S. House of 
     Representatives; the Honorable Thomas Daschle, Minority 
     Leader of the U.S. Senate; the Honorable Richard A. Gephardt, 
     Minority Leader of the U.S. House of Representatives; the 
     Honorable Orrin G. Hatch, Chair of the U.S. Senate Committee 
     on the Judiciary; the Honorable Henry J. Hyde, Chair of the 
     U.S. House Committee on the Judiciary; and to the Honorable 
     Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, 
     and the Honorable Don Young, U.S. Representative, members of 
     the Alaska delegation in Congress.
                                  ____

       POM-255. A concurrent resolution adopted by the Legislature 
     of the State of California; to the Committee on the 
     Judiciary.

                 Assembly Concurrent Resolution No. 36

       Whereas, the American Medical Association has stated that a 
     ``woman is raped every 46 seconds in the United States'' and 
     that sexual assault is a ``silent epidemic''; and
       Whereas, women, children, and men are all victims of sexual 
     assault and it is estimated that one in three women, one in 
     four girls, one in six boys, and one in 11 men will be 
     victims at least once in their lifetimes; and
       Whereas, women, children, and men suffer multiple types of 
     sexual violence, including, but not limited to, stranger 
     rape, date rape, spousal rape, gang rape, serial rape, 
     trafficking and prostitution, pornography, ritual abuse, 
     sexual harassment, incest, child sexual molestation, and 
     stalking; and
       Whereas, women, children, and men should be free from 
     sexual violence in their homes, in the streets, in their 
     workplaces, and in their recreational activities; and
       Whereas, the Federal Bureau of Investigation estimates that 
     only one in nine women who are sexually assaulted report the 
     crime; and
       Whereas, rape and sexual assault affect women, children, 
     and men of all racial, cultural, and economic backgrounds; 
     and
       Whereas, it is not uncommon for women to experience 
     multiple forms of sexual violence in the course of their 
     lifetimes; and
       Whereas, emotional and physical scars resulting from sexual 
     violence are often severe and longlasting; and
       Whereas, a coalition of rape crisis centers, known as the 
     California Coalition Against Sexual Assault, has emerged to 
     directly confront this crisis with the cooperation of law 
     enforcement agencies, churches, health care providers, and 
     other helping professionals from California's diverse 
     communities; and
       Whereas, it is important to recognize the compassion and 
     dedication of the individuals involved in this effort, 
     applaud their commitment, and increase public understanding 
     of this significant problem; and
       Whereas, it is important to recognize the strength, 
     courage, and challenges of the victims and survivors of 
     sexual assault and their family and friends as they struggle 
     to cope with the reality of sexual assault; and
       Whereas, it is important to recognize that not all victims 
     of sexual assault survive, either at the time of the assault 
     or later, due to the horrific long-term trauma that sexual 
     assault often inflicts upon victims; and
       Whereas, there are rape prevention and education efforts 
     underway throughout California to challenge the societal 
     myths and behaviors that perpetuate rape and to engage 
     communities in a common goal of ending sexual assault; and
       Whereas, there is a Sexual Assault Awareness Week in 
     October; and
       Whereas, that one week has now grown to a full month of 
     recognition and activities promoted by the National Coalition 
     Against Sexual Assault to increase awareness of sexual 
     assault and to create solutions: Now, therefore, be it
       Resolved by the Assembly of the State of California, the 
     Senate thereof concurring, That the Legislature hereby 
     proclaims that, henceforth, the month of April shall be 
     designated as Sexual Assault Awareness Month; 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 the Governor, to the United States Director on 
     Victims of Crime, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-256. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 25

       Whereas, the constitution of 1789 gave future generations 
     liberty through the right of speech and assembly, the rights 
     of women to vote, and economic interest protection by the 
     government; and
       Whereas, our constitution provides personal security and 
     protection and is the heart of the American system, and seeks 
     to ensure that each person is free from the threat of attack, 
     free of actions by others that diminish life, liberty, 
     health, or property or that prevent the ``pursuit of 
     happiness''; and
       Whereas, the people of the nation are surrounded by attacks 
     on their personal security, their health and the health of 
     their families, and their rights to enjoy the air, water and 
     resources of the nation; and
       Whereas, the dangers of toxic pollutants and contaminants 
     created by others that enter our bodies and homes, and 
     natural environment with an increasing threat to the public 
     health and the nation's natural resources is the challenge to 
     our generation of the kind other generations faced and 
     overcame: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to adopt an amendment to 
     the constitution providing that the right of each citizen to 
     clean and healthful air and water and to the protection of 
     other natural resources of our nation shall not be infringed 
     upon by any person; and be it further
       Resolved, That a 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-257. A resolution adopted by the House of the 
     Legislature of the State of Louisiana; to the Committee on 
     the Judiciary.

                        House Resolution No. 120

       Whereas, Article III, Section 1 of the Constitution of the 
     United States, provides in part that ``. . . The Judges, both 
     of the supreme and inferior Courts, shall hold their Offices 
     during good Behaviour, . . .''; and
       Whereas, this clause has been interpreted to mean that ``. 
     . . (a) person appointed to office of United States district 
     judge becomes entitled to draw salary of office so long as he 
     continues to ``hold office'', and he ``holds office'' until 
     he voluntarily relinquishes it or is ousted by impeachment or 
     death.'' Johnson v. U.S., 79 F. Supp. 208 (1948); and
       Whereas, this clause has been further interpreted to mean 
     ``. . . Judges of federal ``constitutional'' courts which 
     have been invested with the judicial power of the United 
     States pursuant to this article are guaranteed life tenure 
     during good behavior and compensation which may not be 
     reduced during their term of office. . . .'' Montanez v. 
     U.S., 226 F. Supp. 593(1964). affirmed 371 F.2d. 79; and
       Whereas, a common complaint that the public makes about 
     federal district judges is that they are not accountable to 
     the people because of this life tenure; and
       Whereas, this public complaint continues that these judges, 
     because of their insulation and isolation after a certain 
     length of time in office, lose touch with the problems facing 
     and feelings of the majority of the American people; and
       Whereas, state district, appellate, and supreme court 
     justices in Louisiana have specific limited terms of office, 
     as do other inferior federal courts, such as bankruptcy 
     judges whose term is fourteen years; and
       Whereas, this constitutional amendment would not give the 
     people the right to vote for a federal judge, but only the 
     right to voice their opinion on whether the appointment of 
     federal district judges should be for a limited term short of 
     life tenure; and
       Whereas, the system appears to still maintain an 
     independent judiciary uninfluenced by undue public pressure 
     in the inferior federal courts in which judges are not 
     granted life tenure; and
       Whereas, Article V of the Constitution of the United States 
     provides that an amendment to the constitution may be 
     proposed by congress which shall become part of the 
     constitution when ratified by three-fourths of the several 
     states. Therefore, bet it
       Resovled, That the House of Representatives of the 
     Legislature of Louisiana does hereby urge and request the 
     Congress of the United States to propose an amendment to the 
     Constitution of the United States, for submission to the 
     states for ratification, to provide for election of members 
     of the federal judiciary; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted by the secretary of state to the president and 
     the secretary of the United States Senate, to the speaker and 
     clerk of the United States House of Representatives, to each 
     member of this states's delegation to the congress and to the 
     presiding officer of each house of each state legislature in 
     the United States.
                                  ____

       POM-258. A joint resolution adopted by the Legislature of 
     the State of New Hampshire; to the Committee on Finance.

                        House Joint Resolution 2

       Whereas, over 80,000 private individuals and corporations 
     own 87 percent of New Hampshire's forestland; and
       Whereas, forest-based business, both timber and recreation, 
     have a profound impact on the economy of the state; and
       Whereas, these forests serve as important sources of clean 
     air, clean water, and wildlife habitat; and
       Whereas, conservation of these multiple forest values 
     requires long-term stewardship; and
       Whereas, long-term forest stewardship is discouraged by 
     federal estate taxes that force heirs to liquidate timber or 
     sell forest land; and
       Whereas, long-term forest stewardship is discouraged by 
     federal income taxes that discourage long-term ownership and 
     management: Now, therefore, be it

[[Page S10854]]

       Resolved by the Senate and House of Representatives in 
     General Court convened, That copies of this resolution be 
     sent to the house clerk to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     chairpersons of committees of the United States Congress 
     having jurisdiction over estate taxes and capital gains 
     taxes, the Administrator of the United States Environmental 
     Protection Agency, and each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-259. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Massachusetts; to the 
     Committee on Finance.

                               Resolution

       Whereas, President William J. Clinton has asked Congress to 
     pass a bill called ``The Medicare and Medicaid Fraud and 
     Abuse Prevention Act'', which would help bar unscrupulous 
     doctors and medical firms from the Government health care 
     programs for the elderly and poor; and
       Whereas, among other things, the legislation would let 
     Medicare and Medicaid administrators deny anyone convicted of 
     a felony the right to take part in the programs and require 
     participants to furnish their Social Security numbers so that 
     applicants could be checked for past fraudulent activity; and
       Whereas, President Clinton's initiative reflected concern 
     about the extent to which unlicensed doctors and others were 
     bilking taxpayers: Therefore be it
       Resolved, That the Massachusetts House of Representatives 
     urges the Congress of the United States to enact legislation 
     called ``The Medicare and Medicaid Fraud and Abuse Prevention 
     Act''; and be it further
       Resolved, That copies of these resolutions be forwarded by 
     the clerk of the House of Representatives to the President of 
     the United States, the presiding officer of each branch of 
     Congress, and to the members thereof from this Commonwealth.
                                  ____

       POM-260. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Finance.

                  House Concurrent Resolution No. 160

       Whereas, Sections 1814 and 1815 of the Social Security Act 
     state: ``With respect to the physician certification . . . 
     for home health services furnished by the individual by a 
     home health agency (other than an agency which is a 
     governmental entity) and with respect to the establishment 
     and review of a plan for such services, the Secretary shall 
     prescribe regulations which shall become effective no later 
     than July 1, 1981, and which prohibit a physician who has a 
     significant ownership in, or a significant financial or 
     contractual relationship with such home health agency from 
     performing such certification and from establishing or 
     reviewing such plan''; and
       Whereas, federal regulation 42 CFR 424.22, prepared 
     pursuant to said sections of the Social Security Act and 
     entitled ``Requirements for home health services'' states: 
     ``. . . need for home health services to be provided by an 
     HHA [Home Health Agency] may or may not be certified or 
     recertified, and a plan of treatment may not be established 
     and reviewed by any physician who has a significant ownership 
     interest, or a significant financial or contractual 
     relationship with the HHA''; and
       Whereas, 42 CFR 424.22(d)(3) provides that ``significant 
     financial interest'' means an individual either ``receives 
     any compensation as an officer or director of the HHA'' or 
     ``has direct or indirect business transactions with the HHA 
     that, in any fiscal year amount to more than $25,000 or 5 
     percent of the agency's total expenses, whichever is less. 
     Business transactions means . . . salaried employment.''; and
       Whereas, a top official of the Health Care Financing 
     Administration issued the ``Hoyer letters'' stating that 
     hospitals which self-referred for profit to their own home 
     health agencies were in violation of 42 CFR 424.22, but 
     withdrew these letters (Federal Register, November 29, 1996, 
     Vol. 61, No. 231); and
       Whereas, it is imperative that a patient be allowed, 
     without coercion or manipulation from hospital discharge 
     staff, the freedom to choose his post-acute provider and that 
     choice must be honored by a hospital and enforced by HCFA; 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to require the Health 
     Care Financing Administration to enforce existing regulations 
     prohibiting the improper downstreaming of hospital self-
     referrals from physicians they compensate and to instruct the 
     Health Care Financing Administration to reinstitute the two 
     ``Hoyer letters'' stating that hospitals are in violation of 
     federal regulations on self-referral when referring to their 
     own home health agencies for profit, and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-261. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Finance.

                  Senate Concurrent Resolution No. 21

       Whereas, the Lafourche Basin Levee District is a state 
     agency created by the Louisiana Legislature in 1892; and
       Whereas, the Lafourche Basin Levee District is the only 
     levee board in the State of Louisiana that is not 
     participating in the Louisiana State Employees' Retirement 
     System; and
       Whereas, the Lafourche Basin Levee District has previously 
     requested that it be allowed to withdraw from participation 
     in the Social Security System so that its employees could 
     participate in the Louisiana State Employees' Retirement 
     System; and
       Whereas, the Lafourche Basin Levee District has certified 
     that it will abide by all laws, rules, and regulations of the 
     Louisiana State Employees' Retirement System, will deduct 
     monthly employee contributions and pay employer contributions 
     for all eligible members, and will submit same to the 
     Louisiana State Employees' Retirement System in the 
     prescribed manner: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to enact legislation to 
     allow the employees of the Lafourche Basin Levee District to 
     opt-out of the Social Security System and to join the 
     Louisiana State Employees' Retirement System, effective 
     January 1, 1998; be it further
       Resolved, That the Lafourche Basin Levee District desires 
     to retain the final option of acceptance of the Louisiana 
     State Employees' Retirement System once all conditions and 
     costs have been presented to the district; be it further
       Resolved, That a copy of this Resolution shall 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-262. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Finance.

                  Senate Concurrent Resolution No. 35

       Whereas, at the current time federal statute prohibits the 
     withholding of income tax by states on the wages due or 
     accruing to a master or a seaman; and
       Whereas, federal statute also prohibits the attachment of 
     the wages due or accruing to a master seaman; and
       Whereas, the state of Louisiana has thousands of dollars of 
     income taxes annually that are due and not collectible each 
     year as a result of federal statute; and
       Whereas, federal statute does not allow for the withholding 
     of income tax by states on the wages due or accruing to 
     individuals in the service of the armed forces: Therefore, be 
     it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to allow states to withhold income tax on 
     the wages due or accruing to a master seaman residing in that 
     state; and to allow states to attach the wages due or 
     accruing to a master or seaman residing in that state for the 
     payment of taxes; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officer of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana Congressional 
     delegation.
                                  ____

       POM-263. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Finance.

                  House Concurrent Resolution No. 170

       Whereas, rural health care providers have neither the funds 
     nor the staff to maintain a clinic providing care twenty-four 
     hours a day, seven days a week; and
       Whereas, emergencies, life-threatening and not, occur in 
     rural areas twenty-four hours a day, seven days a week; and
       Whereas, citizens in rural areas who experience medical 
     emergencies which are not life-threatening outside of clinic 
     hours or on weekends or holidays have no place to seek relief 
     or treatment except in the hospital emergency room; and
       Whereas, reimbursement claims for the emergency room 
     treatment of medical emergencies which are not considered 
     life-threatening are being denied by third party payors 
     because the emergencies are not life-threatening; and
       Whereas, rural hospitals are not equipped or staffed to 
     handle complex medical situations, such as heart 
     catheterization, cardiac bypass surgery, and organ 
     transplants; and
       Whereas, rural hospitals normally stabilize these patients 
     and refer them to larger and more suitably equipped 
     facilities; and
       Whereas, expensive medication and procedures are often 
     administered to the patient, frequency over an extensive 
     period of time, before he or she can be stabilized and 
     transferred; and
       Whereas, when a Medicare acute care patient is referred to 
     another hospital, reimbursement for the small, rural hospital 
     is limited to the deductible and coinsurance while the larger 
     hospital receives the DRG reimbursement; and
       Whereas, this type of discrimination and payment inequity 
     in reimbursing small, rural hospitals places additional 
     financial burden on the smaller facilities: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enact legislation 
     which would provide for consideration of geographical 
     location and the availability of patient options in the 
     reimbursement of claims for emergencies treated in rural 
     hospital emergency rooms which are necessary but which are 
     not

[[Page S10855]]

     life-threatening and to enact legislation which would correct 
     the current inequity in reimbursing rural hospitals for costs 
     of stabilizing patients who are to be referred to larger, 
     more suitably equipped facilities; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-264. A resolution adopted by the House of the 
     Legislature of the State of Louisiana; to the Committee on 
     Finance.

                        House Resolution No. 97

       Whereas, in 1987, the loan was retired, yet the temporary 
     surcharge has remained; and
       Whereas, the federal Fiscal Year 1998 budget contemplates 
     continuance of the surcharge; and
       Whereas, FUTA revenue may only be used for limited 
     purposes, and, presently, the federal unemployment accounts 
     have adequate funds for the foreseeable future: Therefore, be 
     it
       Resolved, That the House of Representatives of the 
     Legislature of Louisiana does hereby memorialize the United 
     States Congress not to renew the temporary two-tenths percent 
     unemployment insurance tax; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-265. A resolution adopted by the House of the 
     Legislature of the State of Louisiana; to the Committee on 
     Environment and Public Works.

                        House Resolution No. 99

       Whereas, the citizens of parishes that border the 
     Mississippi River are subject to an inordinate amount of 
     noise and pollution, due to the volume of river traffic and 
     commercial operations on and near the river; and
       Whereas, this inordinate amount of noise and pollution 
     poses health and safety hazards to the citizens of these 
     parishes; and
       Whereas, despite this potential exposure to such hazards, 
     the citizens of these parishes have no authority, 
     discretionary or otherwise, to control or abate the noise and 
     pollution; and
       Whereas, the residents of the parishes of St. John the 
     Baptist and St. James and the other parishes bordering the 
     Mississippi River have been plagued with noise and dust 
     pollution arising from ship traffic, midstream transfer 
     facilities, and barges on the Mississippi River; and
       Whereas, the state and local governing entities should have 
     some authority to control commercial operations on the river, 
     in order to protect the citizens and to provide a safe and 
     healthy work and living environment: Therefore, be it
       Resolved, That the House of Representatives of the 
     Legislature of Louisiana does hereby memorialize the United 
     States Congress to enact legislation to return control of the 
     Mississippi River to state and local governing authorities; 
     be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and House of 
     Representatives of the Congress of the United States and to 
     each member of the Louisiana congressional delegation.
                                  ____

       POM-266. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.

                   House Concurrent Resolution No. 10

       Whereas, the federal Coastal Wetlands Planning, Protection 
     and Restoration Act (CWPPRA), Title III, P.L. 101-646, 1990, 
     and P.L. 102-212, 1991, 16 U.S.C.A. 777c and 3951-3956, 
     authorizes the granting of funds to coastal states to carry 
     out coastal wetlands conservation projects; and
       Whereas, the act is the nation's most extensive wetlands 
     enhancement law and is of vital importance to Louisiana; and
       Whereas, since Louisiana possesses approximately forty 
     percent of the coastal wetlands of the lower forty-eight 
     states, and has suffered as much as eighty percent of the 
     nation's annual wetland losses, the state receives the 
     ``lion's share'' of project funding under the act; and
       Whereas, if the current loss rate of wetlands in Louisiana 
     is not slowed, an additional 800,000 acres of wetlands could 
     disappear by the year 2040 and the Louisiana shoreline could 
     advance inland as much as thirty-three miles in some areas; 
     and
       Whereas, through CWPPRA and state funding, coastal 
     restoration projects, including barrier island and shoreline 
     restoration, have been undertaken in Louisiana to avert a 
     potential catastrophe and economic and ecological loss to our 
     state and the nation; and
       Whereas, the CWPPRA project program is an example of a 
     federal/state partnership that can work in a practical and 
     effective manner to solve a national problem requiring local 
     action, and should therefore be continued; and
       Whereas, such continuation should include the dedication of 
     at least twenty percent of total CWPPRA project funding to 
     restoration of Louisiana's barrier shoreline, including but 
     not limited to barrier islands and cheniers; and
       Whereas, such continuation should further include the 
     feasibility of streamlining the planning process to eliminate 
     unnecessary duplication of effort and taxpayer expense, and 
     establish a ``block grant'' program for CWPPRA project 
     funding similar to other block grant programs recently 
     revised or established by congress; and
       Whereas, by law CWPPRA project funding is dependent upon 
     the federal aid highway trust fund, as the portion of 
     revenues from such fund attributed to fuel tax receipts from 
     small engine power equipment usage are annually allocated to 
     funding of CWPPRA projects; and
       Whereas, the federal aid highway trust fund was last 
     authorized by congress in 1991 in the Intermodal Surface 
     Transportation Efficiency Act (ISTEA), P.L. 102-240; and
       Whereas, such act expires in 1997, as does the authority to 
     transfer fuel tax receipts from small engine power equipment 
     usage, and must be reauthorized by congress; and
       Whereas, if reauthorization does not occur, CWPPRA project 
     funding will lose its revenue source; and
       Whereas, in the reauthorization act, reauthorization is 
     further needed for the gasoline tax, revenues from which go 
     into the highway trust fund; therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to reauthorize laws 
     providing for the federal highway trust fund and continuing 
     funding for Coastal Wetlands Planning, Protection and 
     Restoration Act projects; be it
       Further resolved, That the Legislature of Louisiana does 
     hereby request that congress amend the Coastal Wetlands 
     Planning, Protection and Restoration Act or other law as 
     necessary to dedicate at least twenty percent of overall 
     CWPPRA project funding to restoration of Louisiana barrier 
     shoreline, including but not limited to barrier islands and 
     cheniers; be it
       Further resolved, That congress undertake review, study 
     and, if necessary, amendment of the Coastal Wetlands 
     Planning, Protection and Restoration Act or other law in 
     order to streamline the project planning process to eliminate 
     unnecessary duplication of effort, save taxpayer expense, and 
     ensure maximum efficient use of funds; be it
       Further resolved, That such review, study and, if 
     necessary, amendment by congress include the feasibility of 
     creating a ``block grant'' program in the 1999 
     reauthorization act for CWPPRA funds similar to other block 
     grant programs recently created or revised by congress; be it
       Further resolved, That a copy of this Resolution be 
     transmitted to the presiding officers of the Senate and the 
     House of Representatives of the Congress of the United States 
     of America and to each member of the Louisiana congressional 
     delegation.
       POM-267. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.

                  Senate Concurrent Resolution No. 77

       Whereas, the highways of the state of Louisiana are 
     necessary, not only to the economic development of the state 
     and the quality of life to its people, but also to the 
     national interest of the United States which is meant to be 
     served by the distribution of federal highway funding; and
       Whereas, Louisiana ranked twenty-third in the amount of 
     money contributed to the federal Highway Trust Fund, but 
     ranked only thirty-eighth in the amount of money received 
     from the fund; and
       Whereas, many states receive more funds from the trust fund 
     than they contribute and some states receive over two dollars 
     for each dollar contributed, but the state of Louisiana 
     receives only eighty-three cents for each dollar it 
     contributes; and
       Whereas, the funding formula used to determine the 
     distribution of federal highway funds, is not only 
     antiquated, but unfair and discriminatory and must be 
     replaced with a new formula that recognizes the vital role 
     Louisiana's transportation system plays in the economic well-
     being of the nation: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States of America to revise the 
     federal highway formulas to ensure that Louisiana gets its 
     fair share of federal highway funds; and be it further
       Resolved, That a copy of this Resolution shall 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-268. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.
       Whereas, prior to laws prohibiting its use, lead-based 
     paint was used to coat bridges throughout the United States, 
     including the Crescent City Connection in New Orleans; and
       Whereas, since the prohibition of use of such paint, the 
     Crescent City Connection has been painted by an encapsulation 
     process which covered the original paint, thereby, preventing 
     its exposure to the environment; and
       Whereas, current regulations of the Environmental 
     Protection Agency require the capture and disposal of lead-
     based paint residue during the repainting process; and
       Whereas, these stringent requirements will increase the 
     cost of painting the bridge from

[[Page S10856]]

     approximately ten million dollars to approximately forty 
     million dollars; and
       Whereas, the Crescent City Connection Bridge Authority and 
     the Louisiana Department of Environmental Quality are 
     effectively negotiating to address the excessive cost of the 
     project without compromising the environmental quality for 
     and the safety of the people of the state: therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress to provide for the grant of an exemption 
     relative to the painting of the Crescent City Connection 
     which would limit the requirements for the removal and 
     capture of residue from previous coatings during the painting 
     procedure; and be it further
       Resolved, That a copy of this Resolution shall 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-269. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.

                  Senate Concurrent Resolution No. 98

       Whereas, the Highway Safety Act passed by Congress in 1973 
     created the section 130 program to provide funding to the 
     states for rail-highway crossing safety; and
       Whereas, the current distribution formula, based on ten 
     percent of a state's surface transportation program fund, 
     does not take into consideration such essential criteria as 
     the total number of crossings, the amount of train traffic, 
     and the number of accidents and fatalities; and
       Whereas, based on the current formula, many of the states 
     with the highest concentration of crossings, accidents, and 
     fatalities receive less funding than those states which have 
     less need; and
       Whereas, it is imperative that improvement be made to the 
     way the federal government targets existing resources to 
     enhance safety along rail corridors in order to develop a 
     more equitable and effective distribution of existing highway 
     funds to states to enhance safety at dangerous highway rail 
     grade crossings: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to examine formulas and to 
     adjust the current flat percentage allocation by using risk 
     factors in determining the distribution of section 130 
     federal highway dollars to the states for rail safety 
     purposes; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the secretary of the United States Senate and to the clerk of 
     the United States House of Representatives and to each member 
     of the Louisiana congressional delegation.
                                  ____

       POM-270. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.

                  House Concurrent Resolution No. 194

       Whereas, the federal Coastal Wetlands Planning, Protection 
     and Restoration Act (CWPPRA), enacted by congress in 1990, 
     provided for the development of a state coastal wetlands 
     conservation plan by Louisiana; and
       Whereas, the state of Louisiana, through the Department of 
     Natural Resources, has prepared and will submit for federal 
     approval the Louisiana Coastal Wetlands Conservation Plan 
     (Plan); and
       Whereas, the United States Army, United States Fish and 
     Wildlife Service, and United States Environmental Protection 
     Agency are the federal agencies authorized under CWPPRA to 
     approve the Plan; and
       Whereas, as provided by CWPPRA, the goals and purposes of 
     such Plan include:
       (1) To achieve no net loss of wetlands in the coastal areas 
     of Louisiana as a result of developmental activities 
     initiated subsequent to approval of the Plan, exclusive of 
     any wetlands gains achieved through implementation of certain 
     restoration projects; and
       (2) To provide a program for the review, evaluation, and 
     identification of regulatory and nonregulatory options to be 
     adopted by the state to encourage and assist private owners 
     of wetlands to continue to maintain those lands as wetlands; 
     and
       (3) To provide a system for the state to implement that 
     accounts for gains and losses of coastal wetlands within 
     coastal areas, for purposes of evaluating the degree to which 
     the goal of no net loss of wetlands as a result of 
     development activities in such wetlands or other waters has 
     been attained; and
       (4) To provide a program to be carried out by the state for 
     the purpose of educating the public concerning the necessity 
     to conserve wetlands in Louisiana, which presently comprise 
     approximately forty percent of the continental United States 
     coastal wetlands but are currently disappearing at a rate of 
     twenty-five to thirty-five square miles per year, and which 
     are of local, state, national, and international significance 
     as a resource for protection of coastal communities from 
     storms, fishery resources, wildlife habitats, water quality 
     management, and extensive sporting and tourism; and
       (5) To provide a program to encourage the use of technology 
     by persons engaged in development activities that will result 
     in negligible impact on wetlands; and
       Whereas, in addition to the above programs and benefits, 
     approval of the Louisiana Coastal Wetlands Conservation Plan 
     will have a direct financial benefit by reducing the state's 
     cost share for CWPPRA projects from a current twenty-five 
     percent match to ten percent for Priority Lists 5 (1996) and 
     6 (1997), and to fifteen percent on other Priority Lists for 
     expenditures incurred subsequent to approval of the Plan; and
       Whereas, such cost share reductions will allow for more or 
     larger CWPPRA projects in Louisiana and an increased number 
     of state-only funded projects to be implemented to sustain 
     wetlands functions and values; and
       Whereas, the Plan will also demonstrate the state's 
     willingness to address the question of wetland loss, thus 
     assisting in CWPPRA reauthorization set for congressional 
     vote in 1998; and
       Whereas, under the authority of R.S. 49:214.1 through 
     214.5, the Louisiana Department of Natural Resources is the 
     state agency responsible for the conservation, restoration, 
     and enhancement of the state's coastal wetlands resources, 
     and the Plan will provide for the Department of Natural 
     Resources to be the single state agency with 
     responsibility for implementing and enforcing the Plan; 
     and
       Whereas, development of the Plan involved extensive public 
     participation and input, including more than ten public 
     hearings during 1996 and 1997, and also the opportunity to 
     provide written comments; and
       Whereas, the Plan should be approved by the appropriate 
     federal agencies and should be implemented by the Department 
     of Natural Resources in an expeditious manner: Therefore, be 
     it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress and the appropriate 
     federal agencies, consisting of the United States Army, 
     United States Fish and Wildlife Service, and United States 
     Environmental Protection Agency, to approve the Louisiana 
     Coastal Wetlands Conservation Plan; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America, to each member of the Louisiana congressional 
     delegation, and to the secretary of the United States Army, 
     the director of the United States Fish and Wildlife Service, 
     the administrator of the United States Environmental 
     Protection Agency, and the secretary of the Louisiana 
     Department of Natural Resources.
                                  ____

       POM-271. A concurrent resolution adopted by the House of 
     the Legislature of the State of Louisiana; to the Committee 
     on Environment and Public Works.

                  HOUSE CONCURRENT RESOLUTION NO. 253

       Whereas, the citizens of parishes that border the 
     Mississippi River are subject to an inordinate amount of 
     noise and pollution, due to the volume of river traffic and 
     commercial operations on and near the river; and
       Whereas, this inordinate amount of noise and pollution 
     poses health and safety hazards to the citizens of these 
     parishes; and
       Whereas, despite this potential exposure to such hazards, 
     the citizens of these parishes have no authority, 
     discretionary or otherwise, to control or abate the noise and 
     pollution; and
       Whereas, the residents of the parishes of St. John the 
     Baptist and St. James and the other parishes bordering the 
     Mississippi River have been plagued with noise and dust 
     pollution arising from ship traffic, midstream transfer 
     facilities, and barges on the Mississippi River; and
       Whereas, the state and local governing entities should have 
     some authority to control commercial operations on the river, 
     in order to protect the citizens and to provide a safe and 
     healthy work and living environment: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enact legislation 
     to return control of the Mississippi River to state and local 
     governing authorities; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and House of 
     Representatives of the Congress of the United States and to 
     each member of the Louisiana congressional delegation.
                                  ____

       POM-272. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Environment and 
     Public Works.

                    Assembly Joint Resolution No. 1

       Whereas, The unprecedented flooding across California has 
     caused the loss of life, destruction of homes, and an 
     unprecedented disruption in the web of neighbors, 
     transportation, commerce, services, and communications that 
     bind communities together; and
       Whereas, Forth-eight counties in California have qualified 
     for federal disaster relief because of damage caused by the 
     recent flooding; and
       Whereas, The State of California is entitled to $100 
     million in federal emergency relief funds for transportation 
     infrastructure repair for this disaster; and
       Whereas, California state agencies have already identified 
     well over $300 million worth of flood-caused transportation 
     damages that are eligible for state and federal funding for 
     urgently needed repairs; and
       Whereas, California has already requested the release of 
     the $100 million in federal transportation disaster relief 
     funds of which

[[Page S10857]]

     only $50 million have been received to date; and
       Whereas, These moneys are ugently needed to rebuild the 
     lands, lives, and livelihood of thousands of Californians; 
     Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California strongly urges the Federal Highway Administrator 
     to immediately release all of the requested transportation 
     funds for which California is eligible, so that the flood-
     ravaged people of California may more speedily recover from 
     their plight; 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, and to the Federal Highway 
     Administrator.
                                  ____

       POM-273. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Environment and 
     Public Works.

                     Senate Joint Resolution No. 13

       Whereas, The point at which U.S. Route 93 crosses the 
     Hoover Dam on the border of the states of Nevada and Arizona 
     is the major commercial corridor between the states of 
     Arizona and Utah and is on the North American Free Trade 
     Agreement (NAFTA) ``CANAMEX'' route between Mexico and 
     Canada; and
       Whereas, Presently, this portion of the highway is one of 
     the most congested sections of two-lane highway in the 
     country with continual traffic each day of approximately 
     1,500 trucks and buses and 12,427 cars, and drivers often 
     cross the double yellow line into oncoming traffic in an 
     attempt to negotiate the serpentine curves; and
       Whereas, Every time there is an accident, the lack of 
     shoulders on the side of the highway interferes with the 
     access of persons delivering emergency medical assistance and 
     causes significant road closures; and
       Whereas, This traffic situation poses a serious safety 
     hazard to the more than 1 million visitors who tour Hoover 
     Dam each year; and
       Whereas, Other alternative commercial routes between 
     Arizona and the states to the north are through California, 
     an additional distance of more than 250 miles and the other 
     northbound highways are also more unsuitable for this amount 
     of traffic than the present U.S. Route 93; and
       Whereas, The traffic congestion caused by the inadequacy of 
     the highway across Hoover Dam imposes serious economic 
     burdens on the states of Nevada, Arizona and Utah and 
     interferes with commerce on the vital ``CANAMEX'' corridor; 
     and
       Whereas, The traffic on the existing highway has increased 
     many times since it was opened 60 years ago and is expected 
     to increased by 50 percent in the next 10 years; and
       Whereas, Construction of a bridge with four traffic lanes 
     with connecting roadways to the existing U.S. Route 93 will 
     serve as a vital link between Interstate Highway No. 40 and 
     Interstate Highway No. 15; and
       Whereas, The states of Nevada and Arizona have an interest 
     in the maintenance of their respective portions of U.S. Route 
     93; and
       Whereas, Over $3,000,000 has been spent by the Federal 
     Government and the states of Nevada and Arizona to study the 
     possibility of a bypass of the present highway over Hoover 
     Dam; and
       Whereas, Presently the states of Nevada and Arizona are 
     cooperating with the Federal Highway Administration, the U.S. 
     Bureau of Reclamation and the National Park Service to 
     complete and environmental impact statement for a bypass of 
     the present highway over Hoover Dam; and
       Whereas, The portion of U.S. Route 93 over Hoover Dam is 
     owned and controlled by the Federal Government and is not 
     maintained by either of the states of Nevada or Arizona; and
       Whereas, The Federal Government has the sole responsibility 
     to fund future costs associated with any upgrades on this 
     portion of the highway; and
       Whereas, U.S. Route 93 was designated a NAFTA corridor and 
     identified as a ``high priority corridor'' in the National 
     Highway System Designation Act of 1995; Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     jointly, That the members of the 69th session of the Nevada 
     Legislature hereby urge Congress to approve legislation to 
     include among the highway projects to be federally funded a 
     bridge with four traffic lanes that would serve as a bypass 
     to the existing highway over Hoover Dam and would connect 
     existing highways to U.S. Route 93; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-274. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on Environment and 
     Public Work.

                  House Concurrent Resolution No. 137

       Whereas, With the advent of the North American Free Trade 
     Agreement (NAFTA), Texas roadways have borne the brunt of the 
     5,000 to 7,000 trucks that cross between Mexico and Texas 
     daily, carrying 80 percent of all U.S. trade with Mexico; and
       Whereas, With the total number of border crossings 
     estimated at 1.8 million for Texas in 1994 alone, and 
     expectations of an increase to eight million crossings by the 
     year 2000, this ever-increasing free trade is imposing an 
     unfair burden not only on Texas taxpayers, but on those in 
     the border states of New Mexico, Arizona, and California; and
       Whereas, Overland trade traffic has not been effectively 
     limited to designated NAFTA corridors, and the illegal use of 
     county, farm-to-market, and other peripheral roads by 
     overweight trade vehicles has caused untold damage to 
     roadways and created financial hardships for county and local 
     governments; and
       Whereas, The Texas Department of Transportation (TXDoT) 
     estimates that damage to the Texas highway system from 
     overweight trucks costs $450 million annually and a 1994 
     study by the Texas Transportation Institute found that a 
     truck that weighs 4,000 pounds over the 80,000 pound limit 
     could effectively shorten the 40-year lifespan of a highway 
     to eight years; and
       Whereas, Of the 4,800 Texas bridges on the NAFTA trade 
     route, 28 percent currently fail to meet structural standards 
     and if Canadian and Mexican weight limits are imposed on the 
     United States, the percentage of structurally deficient 
     bridges jumps to 64 percent; and
       Whereas, A recent report by Shiner, Mosely, and Associates 
     on infrastructure requirements in the Texas border region 
     estimated the cost for all transportation infrastructure 
     needed over the next decade to be approximately $3.25 
     billion; and
       Whereas, The Intermodal Surface Transportation Efficiency 
     Act (ISTEA), authorized by Congress in 1991, provides 
     innovative financing options for the construction and 
     improvement of highways, but the funds allocated to Texas 
     since the Act's inception have only met 33 percent of the 
     state's highway needs; Now, therefore, be it
       Resolved, That the 75th Legislature of the State of Texas 
     hereby urge the United States Congress to crease a NAFTA 
     Trade Impact Fund under the Intermodal Surface Transportation 
     Efficiency Act to provide border states and communities with 
     funding for transportation infrastructure for the 
     facilitation of free trade and NAFTA-generated passenger and 
     commercial traffic; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all members of the Texas delegation to the 
     congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-275. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Energy and Natural 
     Resources.

                           Resolution No. 26

       Whereas a new northern railroad route will provide majestic 
     views of Mt. McKinley, the opportunity to enjoy a wilderness 
     experience, and the chance to encounter wildlife in its 
     natural habitat, and would connect to the Alaska Railroad 
     corridor; and
       Whereas a new northern railroad access would enhance the 
     Mt. McKinley experience for visitors to Denali National Park 
     and Preserve, promote tourism statewide through greater 
     visitor satisfaction, and provide a foundation for year-round 
     visitation; and
       Whereas insufficient transportation access to premier 
     viewing areas in Denali National Park and Preserve and the 
     lack of facilities at these areas are major obstacles to 
     enhancing the wilderness experience that the park offers; and
       Whereas a new northern railroad transportation system and 
     visitor facilities can be designed and constructed so as not 
     to detract from the qualities that make Denali National Park 
     and Preserve the state's premier visitor attraction; and
       Whereas the Wonder Lake area, located on the north side of 
     Denali National Park and Preserve, has a dry interior 
     climate, long daylight hours, and splendid viewing 
     opportunities, and offers the potential to promote both 
     summer and winter activities; and
       Whereas creating a new northern railroad access into Denali 
     National Park and Preserve, taking advantage of a long-
     established and historic transportation route previously used 
     by the mining industry, would offer an opportunity for the 
     private sector to meet the increased demand for tourism 
     facilities; and
       Whereas, without making a substantial claim on the state's 
     financial resources, the state is uniquely able to assist in 
     this effort to develop a new northern railroad route by 
     supporting the private sector efforts underway, by making 
     available for use the state land adjacent to Denali National 
     Park and Preserve for the creation of a railroad route 
     corridor, and by monitoring negotiations that would encourage 
     development opportunities involving the private sector: Be it
       Resolved, That the Alaska State Legislature strongly 
     supports the efforts of the federal and state governments and 
     the private sector to complete the necessary studies and 
     acquire the necessary permits that would identify and open a 
     new northern railroad

[[Page S10858]]

     route to the vicinity of Wonder Lake and spur the appropriate 
     development of visitor facilities in the Wonder Lake area; 
     and be it further
       Resolved, That the Alaska State Legislature respectfully 
     urges the Governor and the state's executive branch agencies 
     to be aggressive in their resolve to support the consensus of 
     Alaska opinion in supporting the creation of a new northern 
     railroad access into Denali National Park and Preserve, as 
     represented by resolutions of endorsement from the city 
     councils of North Pole, Fairbanks, Nenana, and Seward, the 
     Assembly of the Municipality of Anchorage, and the Assemblies 
     of the Denali, Fairbanks North Star, and Matanuska-Susitna 
     Boroughs, to enhance the Mt. McKinley experience for visitors 
     and the creation of a rail connection between the Wonder Lake 
     area and the Alaska Railroad; and be it further
       Resolved, That appropriate state agencies should work with 
     the National Park and interested government officials and 
     representatives of the private sector to investigate the 
     potential of establishing a new northern railroad route into 
     the Wonder Lake area of Denali National Park and Preserve, 
     for the appropriate development of facilities in this area 
     that would serve the needs of park visitors.
                                  ____

       POM-276. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Commerce, 
     Science, and Transportation.

                   House Concurrent Resolution No. 75

       Whereas, the municipalities of the state of Louisiana 
     provide essential services to their citizens; and
       Whereas, municipalities rely on their pool of citizens to 
     find suitable employees to perform these essential functions; 
     and
       Whereas, a commercial driver's license is required even 
     though the employees of small municipalities operate 
     municipal vehicles solely on city streets while performing 
     the functions of the municipality; and
       Whereas, it is too onerous a demand to require employees of 
     small municipalities who drive solely on city streets, as 
     opposed to state and federal highways, to maintain a 
     commercial driver's license; Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to exempt from the commercial driver's 
     license requirement employees of municipalities with a 
     population of five thousand or less who operate municipal 
     vehicles solely on city streets; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-277. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Commerce, 
     Science, and Transportation.

                   House Concurrent Resolution No. 80

       Whereas, the historic gulfward boundary of the state of 
     Louisiana extends a distance into the Gulf of Mexico three 
     marine leagues from the coast; and
       Whereas, three leagues is approximately 10.35 miles; and
       Whereas, after much litigation, Texas holds title to a 
     three-league gulfward boundary; and
       Whereas, as a result of holding title to such three-league 
     gulfward boundary, the Texas public school fund has received 
     literally billions of dollars from leases, rentals, and 
     royalties on such property, and numerous oil and gas wells 
     have been discovered on such property; and
       Whereas, Mississippi has also sought a similar gulfward 
     boundary; and
       Whereas, the gulfward boundary of the state of Louisiana 
     should be at least equal to that of Texas and Mississippi, 
     therefore, be it
       Resolved That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to extend the coastal boundary in Louisiana 
     to be at least equal to that of Texas and Mississippi, be it 
     further
       Resolved That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-278. A resolution adopted by the Judicial Conference of 
     the United States relative to a cost-of-living salary 
     adjustment; to the Committee on the Judiciary.

                          ____________________