[Congressional Record Volume 144, Number 78 (Tuesday, June 16, 1998)]
[Senate]
[Pages S6399-S6405]
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-460. A joint resolution adopted by the Legislature of 
     the State of Colorado; ordered to lie on the table.

                     Senate Joint Resolution 98-005

       Whereas, legislation has been introduced in the United 
     States House of Representatives (H.R. 2625) and the United 
     States Senate (S. 1297) to rename the Washington National 
     Airport as the ``Ronald Reagan Washington National Airport''; 
     and
       Whereas, this federal legislation is intended to honor one 
     of the greatest and most loved presidents of the United 
     States; and
       Whereas, president Ronald Reagan left the United States and 
     the world a legacy of prosperity and freedom; and
       Whereas, naming the gateway to the nation's capital after 
     President Ronald Reagan is a fitting tribute to his 
     contributions to our nation and to the world; and
       Whereas, this dedication should be completed in honor of 
     President Reagan's eighty-seventh birthday on February 6, 
     1998; Be it
       Resolved by the Senate of the Sixty-first General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein: That we, the members of the Colorado 
     General Assembly, encourage the President and the Congress of 
     the United States to enact legislation to rename the 
     Washington National Airport as the ``Ronald Reagan Washington 
     National Airport''.
       Be it further resolved That the Secretary of the Senate 
     transmit copies of this resolution to the President of the 
     United States, the Vice-President of the United States, the 
     Speaker of the United States House of Representatives, and to 
     each member of the Colorado delegation to the Congress of the 
     United States.
                                  ____

       POM-461. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Massachusetts; to the 
     Committee on Appropriations.

                              Resolutions

       Whereas, the Land and Water Conservation Fund, conceived in 
     1964 as a Federal-State partnership program, was created to 
     expand the Nation's park and recreation system through funds 
     received from off-shore oil leasing fees; and
       Whereas, since 1995, the Land and Water Conservation Fund 
     has not been funded, thereby denying States the opportunity 
     to provide recreational facilities for families; and
       Whereas, this lack of funding has hampered the States 
     ability to effectively protect its valuable natural 
     resources; and
       Whereas, over $127,000,000 could have been leveraged 
     through the Land and Water Conservation Fund for the States 
     of Massachusetts, Connecticut, New Hampshire, Rhode Island 
     and Vermont had the stateside funding been available; and
       Whereas, the reinstatement of this funding will directly 
     affect the quality of life we can provide to our citizens and 
     the protection we can give to our natural resources; 
     therefore be it
       Resolved, that the Massachusetts House of Representatives 
     urges the Congress of the United States to reinstate full 
     stateside funding of the Land and Water Conservation Fund to 
     give States the means necessary to preserve their natural 
     resources and open space from urban centers to coastal zones; 
     and be it further
       Resolved, that a copy of these resolutions be forwarded by 
     the clerk of the House of Representatives to the presiding 
     officer of each branch of Congress and to the Members thereof 
     from this Commonwealth.
                                  ____

       POM-462. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on 
     Appropriations.

                       Senate Resolution No. 172

       Whereas, our country is strongly committed to equality of 
     opportunity. An important government body working to put this 
     commitment into action is the Equal Employment Opportunity 
     Commission (EEOC), the nation's leading civil rights 
     enforcement agency; and
       Whereas, the EEOC currently has a backlog of 65,000 cases 
     of discrimination to investigate to pursue justice for 
     individual citizens victimized by unfair and illegal 
     practices. The EEOC needs to direct its resources to these 
     individuals, rather than to the pursuit of trying to find new 
     instances of possible problems. It is much more prudent to 
     handle specific cases of discrimination than to direct 
     energies to test employers by using decoy job applicants to 
     look for discriminatory behavior; and
       Whereas, the administration's recommendation of increased 
     spending for the EEOC is appropriate if the increased funds 
     are targeted to address the backlog of discrimination cases 
     that need to be investigated. The men and women victimized by 
     discrimination deserve the protection of the EEOC and should 
     not be made to wait longer while resources are directed to 
     less productive activities; now, therefore, be it
       Resolved by the Senate, that we memorialize the Congress of 
     the United States to increase funding to the Equal Employment 
     Opportunity Commission to handle the backlog of individual 
     cases; and be it further
       Resolved, that copies of this resolution 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-463. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Commerce, Science, 
     and Transportation.

                       Legislative Resolve No. 56

       Whereas overcapitalization of fish harvesting capacity in 
     the Bering Sea has resulted in highly compressed, derby-style 
     fisheries; and
       Whereas overcapitalized fisheries typically lead to 
     excessive exploitation of a fishery resource, often resulting 
     in a precipitous decrease in the economic yield of the 
     fishery resource; and
       Whereas the State of Alaska values sustainable fishery 
     management principles, which include minimizing bycatch and 
     waste, maximizing utilization of the fishery resources 
     harvested, minimizing adverse effects of fishing gear on fish 
     habitat, and maximizing economic returns on the public 
     fishery resource for the benefit of Alaska communities and 
     the citizens of the United States on the whole; and
       Whereas Senator Ted Stevens of Alaska has, with the 
     cosponsorship of Senators Murkowski, Breaux, and Hollings, 
     introduced S. 1221, ``American Fisheries Act''; and
       Whereas S. 1221 would effectively limit fishing capacity in 
     the Bering Sea fishing fleet through vessel size limitations 
     and ownership requirements; and
       Whereas S. 1221 would limit the maximum length, tonnage, 
     and shaft horsepower of vessels engaging in domestic 
     fisheries in the United States navigable waters and exclusive 
     economic zone; and
       Whereas S. 1221 would require that at least 75 percent of 
     the controlling interest of a vessel engaged in the fisheries 
     in the United States navigable waters and exclusive economic 
     zone be owned by citizens of the United States; and
       Whereas S. 1221 would correct a loophole in the Commercial 
     Fishing Industry Vessel Anti-Reflagging Act of 1987 that 
     allowed vessels that were rebuilt in foreign shipyards to 
     enter the fisheries off Alaska; and
       Whereas S. 1221 would permanently prohibit federal loan 
     guarantees for any vessel intended for use as a fishing 
     vessel that does not meet size, tonnage, horsepower, and 
     domestic ownership criteria; and
       Whereas S. 1221 would effectively promote further 
     Americanization of the fisheries of the United States;
       Be it resolved, That the Alaska State Legislature supports 
     those provisions of S. 1221, the ``American Fisheries Act,'' 
     that would reduce the fishing capacity of the Bering Sea 
     fishing fleet and promote the Americanization of the 
     fisheries of the United States; and be it
       Further Resolved, That the Alaska State Legislature 
     respectfully requests the Congress to pass S. 1221.
       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; and to the

[[Page S6400]]

     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-464. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii; to the Committee on Commerce, 
     Science, and Transportation.

                    House Concurrent Resolution 149

       Whereas, in February 1997, the Federal Aviation 
     Administration announced an initiative to demonstrate, 
     validate, and deploy an air traffic management system in 
     response to recommendations made by the White House 
     Commission on Aviation Safety and Security, a plan known as 
     Flight 2000, to accelerate the National Airspace System 
     modernization, and is scheduled for demonstration in the year 
     2000 with deployment in 2005; and
       Whereas, Flight 2000, a five-year program projected to cost 
     $400,000,000, will employ new technology, advanced 
     communications, navigation, surveillance, and air traffic 
     management capabilities to provide improved safety, security, 
     capacity, and efficiency at affordable costs and will involve 
     the integration of navigation satellites, digital 
     communications, weather processors, cockpit displays, and air 
     traffic control and flight planning tools; and
       Whereas, Hawaii and Alaska, due to their geographic 
     isolation, fixed quantity of aircraft operating exclusively 
     in their respective areas, and relatively low cost of 
     equipage, have been initially selected as demonstration sites 
     that offer a controlled environment allowing a full scale 
     evaluation involving all classes of aviation operators and 
     all categories of airspace; and
       Whereas, Hawaii's favorable weather, prominent topographic 
     features, and need for few ground stations for support, offer 
     the simplest, lowest risk, least costly, and safest 
     evaluation site ideally suited to test Flight 2000 for 
     intercity travel for improvement in services to pilots, to 
     evaluate safety benefits and navigation systems reliability; 
     and
       Whereas, both sites are essential to evaluate different 
     aspects of Flight 2000's total system capabilities; and
       Whereas, the Oakland Air Route Traffic Control Center will 
     also be involved in Flight 2000 in evaluating oceanic 
     airspace operational improvements between Hawaii and the 
     transition to domestic airspace; and
       Whereas, as a test site, the Federal Aviation 
     Administration will fund the upgrade of Hawaii's air traffic 
     management infrastructure and the test aircraft equipment to 
     provide the necessary communications, navigation, and 
     surveillance equipment including the purchase, installation, 
     and repair of aircraft avionics and multi-functional display 
     equipment; and
       Whereas, the Flight 2000 plan has been delayed by one year 
     because federal funding did not materialize for fiscal year 
     1998 and there are indications that budget constraints may 
     necessitate reducing the cost of Flight 2000 and placing the 
     project back to its projected schedule by diminishing 
     Hawaii's role as a test site and to conduct the evaluation 
     exclusively in Alaska and in Oakland; and
       Whereas, Hawaii has a key role in Flight 2000 in 
     accelerating the operational deployment of technology to the 
     rest of the nation and the world, toward increased flight 
     safety and efficiency into the twenty-first century; and
       Whereas, Hawaii and its citizens virtually depend on air 
     transportation for the State's economic well-being, and 
     Hawaii needs modern and efficient aviation systems to 
     progress and develop its full resource potential; now, 
     therefore, be it
       Resolved by the House of Representatives of the Nineteenth 
     Legislature of the State of Hawaii, Regular Session of 1998, 
     the Senate concurring, that the Federal Aviation 
     Administration, the U.S. Senate Committee on Commerce, 
     Science and Transportation and the U.S. House Committee on 
     Transportation and Infrastructure promote actions to ensure 
     that Hawaii remains a test site in the Flight 2000 
     demonstration project; and
       Be it further resolved, That Hawaii's congressional 
     delegation is strongly urged to assist the Federal Aviation 
     Administration and the Senate and House committees in their 
     efforts to promote Hawaii as a test site; and
       Be it further resolved, That certified copies of this 
     concurrent Resolution be transmitted to the Federal Aviation 
     Administration, the U.S. Senate Committee on Commerce, 
     Science and Transportation, the U.S. House Committee on 
     Transportation and Infrastructure and Hawaii's congressional 
     delegation.
                                  ____

       POM-465. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Energy and Natural 
     Resources.

                       House Joint Resolution 39

       Whereas the Antiquities Act of 1906 (16 U.S.C. 431-433) 
     grants authority to the President of the United States to 
     establish national monuments; and
       Whereas the Antiquities Act was intended to preserve only 
     historic landmarks, historic and prehistoric structures, and 
     other objects of historic or scientific interest; and
       Whereas the Antiquities Act has been misused repeatedly to 
     set aside enormous parcels of real property; and
       Whereas the establishment in 1906 of the Grand Staircase-
     Escalante National Monument in southern Utah set aside 
     1,700,000 acres of land, despite the objections of public 
     officials in the State of Utah, making it the largest 
     national monument in the continental United States; and
       Whereas this designation clearly violates the spirit and 
     letter of the Antiquities Act that requires monument lands to 
     ``be confined to the smallest area'' necessary to preserve 
     and protect historical areas or objects; and
       Whereas the creation of the Grand Staircase-Escalante 
     National Monument has resulted in the loss of significant 
     economic resources for the public schools and the taxpayers 
     of the State of Utah; and
       Whereas the power to establish national monuments can be 
     checked only in limited circumstances; and
       Whereas, in 1950, the State of Wyoming obtained statutory 
     relief from the further establishment of national monuments 
     without the express authorization of the Congress (16 U.S.C. 
     431a); be it
       Resolved, That the Alaska State Legislature respectfully 
     requests that the United States Congress enact legislation 
     prohibiting the President of the United States from further 
     extending or establishing national monuments without the 
     express authorization of the Congress; and be it further
       Resolved, That the Alaska State Legislature encourages the 
     Governor to take action to encourage the federal government 
     to provide the state with statutory relief from the 
     establishment of national monuments in Alaska.
       Copies of this resolution 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; the Honorable Strom Thurmond, 
     President Pro Tempore of the U.S. Senate; the Honorable Trent 
     Lott, Majority Leader of the U.S. Senate; the Honorable 
     Thomas Daschle, Minority Leader of the U.S. Senate; the 
     Honorable Newt Gingrich, Speaker of the U.S. House of 
     Representatives; the Honorable Dick Armey, Majority Leader of 
     the U.S. House of Representatives; the Honorable Richard A. 
     Gephardt, Minority Leader of the U.S. House of 
     Representatives; the Honorable Orin Hatch and the Honorable 
     Robert Bennett, U.S. Senators of the Utah delegation; 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-466. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Energy and Natural 
     Resources.

                       House Joint Resolution 49

       Whereas the Clinton Administration has directed the United 
     States Department of Agriculture to establish an interim 
     policy regarding roadless areas in national forests; and
       Whereas the United States Department of Agriculture, Forest 
     Service, is considering a proposed two-year moratorium on the 
     building of roads in those roadless areas; and
       Whereas the National Forest Management Act of 1976 requires 
     that amendments to a forest plan be done in accordance with 
     regulations that, among other things, allow the public to 
     participate in the development, review, and revision of land 
     management plans for national forests such as the Tongass 
     National Forest and the Chugach National Forest; and
       Whereas the Chugach National Forest land management plan 
     revision was initiated in April of 1997, and this plan 
     revision process is the appropriate venue for addressing road 
     building and roadless area issues in the Chugach National 
     Forest; and
       Whereas, after an extensive public process, the Tongass 
     Land Management Plan has already considered the management of 
     roadless areas on the Tongass National Forest; and
       Whereas the application of such a moratorium to the Tongass 
     National Forest would be a unilateral amendment to the 
     Tongass Land Management Plan, which the Forest Service has 
     just revised at a cost to taxpayers exceeding $13,000,000; 
     and
       Whereas, under the Tongass Land Management Plan, the United 
     States Department of Agriculture, Forest Service, plans to 
     offer an average of only 200,000,000 board feet of timber 
     annually, which is far below the 300,000,000 board feet 
     needed for the timber industry as determined by the 
     Governor's Timber Task Force; and
       Whereas the proposed moratorium could eliminate the timber 
     industry that remains in Southeast Alaska by reducing the 
     allowable sale quantity on the Tongass National Forest to 
     nearly zero; and
       Whereas application of the proposed moratorium in the state 
     also violates the spirit of the ``no more'' provision of the 
     Alaska National Interest Lands Conservation Act (ANILCA), 
     which prohibits federal agencies from establishing new 
     wilderness areas in the state without an act of Congress; be 
     it
       Resolved, That the Alaska State Legislature opposes any 
     moratorium on the development of the roadless areas of 
     national forests that overrides the forest planning process 
     provided for by the National Forest Management Act of 1976, 
     which allows full public participation in decisions affecting 
     the multiple use of national forest lands; and be it further
       Resolved, That the Alaska State Legislature opposes any 
     moratorium, restriction, or

[[Page S6401]]

     unilateral amendment to the Tongass Land Management Plan and 
     the Chugach Land Management Plan that overrides the forest 
     planning process required by the National Forest Management 
     Act of 1976, which allows full public participation in 
     decisions affecting the multiple use of national forest 
     lands.
       Copies of this resolution 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; the Honorable Dan Glickman, 
     Secretary of Agriculture; and to the Honorable Ted Stevens 
     and the Honorable Frank Murkowski, U.S. Senators, and the 
     Honorable Dan Young, U.S. Representative, members of the 
     Alaska delegation in Congress.
                                  ____

       POM-467. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on Energy and Natural 
     Resources.

                     House Joint Resolution 98-1039

       Whereas, In 1997, the United States Bureau of Land 
     Management (BLM) initiated in Colorado a wilderness 
     reinventory of public lands beginning in western Colorado and 
     including lands in Moffat, Mesa, Rio Blanco, Garfield, 
     Montrose, Eagle, Delta, Fremont, Teller, El Paso, Chaffee, 
     Montezuma, Hinsdale, Pitkin, San Miguel, Dolores, Conejos, 
     and Gunnison counties; and
       Whereas, To date, six areas in western Colorado have been 
     reinventoried by the BLM for roadless or wilderness 
     designation potential and are being managed to protect the 
     potential, but not necessarily identified, wilderness values 
     as the review process proceeds; and
       Whereas, By managing lands as de facto wilderness areas, 
     the BLM has determined to hold oil and gas leasing in 
     abeyance and to limit other discretionary multiple uses on 
     such lands until Congress determines whether the areas 
     qualify for wilderness designation under the federal 
     ``Wilderness Act''; and
       Whereas, Numerous questions have been raised regarding the 
     BLM's authority to reinventory these lands for wilderness 
     designation, and what, if any, meaningful public review has 
     or will occur; and
       Whereas, All Colorado BLM lands were reviewed under the 
     initial wilderness study process as directed under the 
     wilderness provisions of Section 603 of the federal ``Land 
     Policy Management Act'' (FLPMA) and officially completed in 
     November 1980, and after numerous opportunities for public 
     input and comment, including public hearings, over 800,000 
     acres were designated Wilderness Study Areas, only then to be 
     managed as wilderness under the interim wilderness management 
     guidelines, with 400,000 acres subsequently recommended to 
     the President for designation as wilderness; and
       Whereas, Under Section 603 of FLPMA, the BLM completed the 
     wilderness study and made its recommendations to the 
     President in 1991 and the President submitted his 
     recommendations for wilderness to Congress in 1993; and
       Whereas, The lands currently selected for wilderness 
     reinventory in 1997 were rejected by the BLM in the 1980's as 
     not meeting wilderness criteria; and
       Whereas, The BLM appears to be reinterpreting its roadless 
     criteria in order to increase the amount of land eligible for 
     consideration for wilderness designation by reevaluating 
     approximately one million acres of land even though such land 
     did not previously meet wilderness criteria and no 
     significant new information has been presented to the BLM on 
     these land issues; and
       Whereas, The BLM is continuing to reinventory such lands 
     prematurely before Congress has acted on the President's 
     recommendations; and
       Whereas, The BLM is holding in abeyance multiple use 
     activities on lands included as part of the reinventory 
     resulting in detrimental economic impacts to the citizens of 
     Colorado; 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 we, the members of the Colorado General Assembly, 
     hereby request:
       (1) That BLM lands continue to be managed to allow for 
     multiple uses in accordance with existing resource management 
     plans until such time as plan amendments have been lawfully 
     adopted; and
       (2) That the United States Congress place a moratorium on 
     any further funding to the BLM for the purpose of carrying 
     out such roadless or wilderness reinventories until Congress 
     acts on the President's 1993 recommendations.
       Be it further resolved. That copies of this Joint 
     Resolution be transmitted to the President of the United 
     States, the United States Secretary of the Interior, the 
     Director of the United States Bureau of Land Management, the 
     Bureau of Land Management's Colorado State Director the 
     President of the United States Senate the Speaker of the 
     United States House of Representatives, and to each member of 
     Colorado's delegation in the United States Congress.
                                  ____

       POM-468. A joint resolution adopted by the Legislature of 
     the State of Alaska; to the Committee on Environment and 
     Public Works.

                       Senate Joint Resolution 15

       Whereas the federal Intermodal Surface Transportation 
     Efficiency Act of 1991 (ISTEA) substantially revamped the 
     federal-aid highway program and the federal transportation 
     program; and
       Whereas ISTEA gave more flexibility to state and local 
     governments to apply innovative solutions to the 
     transportation problems that they face; and
       Whereas ISTEA has shifted the focus of the federal surface 
     transportation program toward preservation of highway and 
     transit systems, increased efficiency of existing 
     transportation networks, and integration of transportation 
     modes to enhance efficiency of the transportation system; and
       Whereas the states and regional and local governments have 
     invested time and energy in making ISTEA work and this 
     investment should not be lost by significantly altering the 
     programs initiated by ISTEA; and
       Whereas the ISTEA programs can be strengthened by allowing 
     greater flexibility between programs and within programs, by 
     allowing greater flexibility to address maintenance needs, by 
     reducing time-consuming federal reviews, mandates, and 
     sanctions, and by allowing self-certification at the state 
     level; and
       Whereas the Federal Highway Administration has adopted a 
     regulation requiring that a major investment study be 
     undertaken by metropolitan planning organizations whenever 
     the need for a major metropolitan transportation investment 
     is identified; and
       Whereas the major investment study requirement overlaps and 
     duplicates planning and project development processes that 
     are already in place under requirements for long-range 
     planning and congestion management systems; and
       Whereas Congress should retain the critical role of the 
     federal government to help fund highway, bridge, ferry, and 
     transit projects and to focus the national transportation 
     policy on mobility, connectivity, integrity, safety, and 
     economic competitiveness; and
       Whereas the state of Alaska receives money under ISTEA for 
     construction and improvement of roads, highways, and the 
     marine highway system and for bridge replacement and 
     rehabilitation, state and metropolitan transportation 
     planning, transit programs, highway safety programs, and 
     enforcement of truck and bus safety requirements; and
       Whereas the state also receives assistance under ISTEA for 
     transportation projects to alleviate air pollution in two 
     areas of the state where air quality does not meet national 
     ambient air quality standards; and
       Whereas 4,300 miles, or about 32 percent of the total 
     mileage, of roads in the state are eligible for federal 
     assistance under ISTEA; and
       Whereas the State of Alaska has relied heavily on federal 
     assistance to support construction and improvement of the 
     surface transportation system in the state; and
       Whereas continued federal assistance is essential to the 
     establishment of the surface transportation system in the 
     state; and
       Whereas the existing surface transportation system in 
     Alaska needs significant repair and maintenance in order to 
     remain a safe and efficient system; and
       Whereas surface transportation in Alaska is subject to 
     extreme Arctic and sub-Arctic climate and soil conditions; 
     and
       Whereas the State of Alaska cannot maintain or expand the 
     surface transportation system in Alaska without continued 
     federal assistance; and
       Whereas the funding authorizations for federal assistance 
     and transportation programs under ISTEA expired September 30, 
     1997; be it
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to reauthorize the Intermodal Surface 
     Transportation Efficiency Act of 1991 (ISTEA) as soon as 
     possible; and be it further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to authorize increased funding for 
     surface transportation projects under ISTEA, if possible, 
     but, in any case, to maintain the current levels of funding 
     available under ISTEA; and be it further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to allow for a portion of the 
     enhancement set aside funds to be used to maintain or improve 
     pioneer access trails and historical roadways; and be it 
     further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to allow for a portion of the 
     enhancement set aside funds to be used to maintain trails and 
     other facilities that are constructed under that program; and 
     be it further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to authorize greater use of ISTEA funds 
     for maintenance and repair of existing roads and highways; 
     and be it further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to eliminate the requirement for major 
     investment studies under 23 C.F.R. 450.318 as part of the 
     reauthorization of ISTEA; and be it further
       Resolved, That the Alaska State Legislature respectfully 
     requests the Congress to authorize grater flexibility in the 
     construction of low volume roads suited to Alaska's 
     remoteness and sub-Arctic and Arctic environment.
       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 Newt Gingrich, Speaker of 
     the U.S. House of Representatives; the Honorable John McCain, 
     Chair, Committee on Commerce, Science, and

[[Page S6402]]

     Transportation, U.S. Senate; and the Honorable Bud Shuster, 
     Chair, Committee on Transportation and Infrastructure, U.S. 
     House of Representatives; the Honorable Rodney E. Slater, 
     Secretary, U.S. Department of Transportation; 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-469. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii; to the Committee on Environment and 
     Public Works.

                    Senate Concurrent Resolution 161

       Whereas, a safe and efficient highway system is essential 
     to the nation's international competitiveness, key to 
     domestic productivity, and vital to our quality of life; and
       Whereas, Hawaii has critical highway investment needs that 
     cannot be addressed with current financial resources. The 
     Federal Highway Administration rates 313 miles of Hawaii's 
     most important roads in either poor or mediocre condition and 
     judges 51 per cent of our bridges to be deficient; and
       Whereas, the current level of federal funding for the 
     nation's highway system is inadequate to meet rehabilitation 
     needs, to protect the safety of the traveling public, to 
     begin solving congestion and rural access problems, to 
     conduct adequate transportation research, and to keep the 
     United States competitive in a global economy; and
       Whereas, the federal highway program is financed by 
     dedicated user fees collected from motorists to improve the 
     highway system and deposited into the federal Highway Trust 
     Fund. The Taxpayer Relief Act of 1997 transferred all federal 
     motor fuel taxes into the Highway Trust Fund but provided no 
     mechanism to ensure the funds are spent; and
       Whereas, the 1998 congressional budget would constrain 
     federal highway spending well below the level of highway tax 
     receipts, allowing the Highway Trust Fund's cash balance to 
     grow from just over $22 billion today to more than $70 
     billion by 2003; and
       Whereas, Hawaii and other states will be prohibited from 
     obligating any federal highway funds after April 30, 1998, 
     unless Congress and the President enact new highway 
     legislation by that date; and
       Whereas, without federal highway funds, many states will be 
     forced to delay life-saving safety improvements, congestion 
     relief projects, and other road and bridge improvements; now, 
     therefore, be it
       Resolved by the Senate of the Nineteenth Legislature of the 
     State of Hawaii, Regular Session of 1998, the House of 
     Representatives concurring, That the United States Congress 
     enact legislation reauthorizing the federal highway program 
     by May 1, 1998; and be it further
       Resolved, That the reauthorization bill should fund the 
     federal highway program at the highest level that the user-
     financed Highway Trust Fund will support; and be it further
       Resolved That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and Hawaii's congressional delegation.
                                  ____

       POM-470. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on Environment and 
     Public Works.

                      Senate Joint Memorial 98-001

       Whereas, in 1996, the Congress of the United States enacted 
     Public Law 95-104, which amended title 4 of the United States 
     Code to limit state taxation of certain pension income; and
       Whereas, section (1)(a) of Public Law 95-104, codified at 4 
     U.S.C. sec. 114, prohibits states from imposing an income tax 
     on any retirement payments made by an employer of such state 
     to an individual who has terminated employment in and who is 
     not a resident of such state; and
       Whereas, severance payments and termination payments made 
     by an employer to a nonresidential individual are not 
     accorded the same tax treatment as retirement income under 4 
     U.S.C. sec. 114 and are therefore subject to the income tax 
     of the state where the employer making such severance 
     payments and termination payments is located; and
       Whereas, the result of this inconsistent tax treatment of 
     similar retirement payments is that severance payments and 
     termination payments may be taxable to the employee in both 
     the state of the employee's former residence and the state in 
     which the employee currently resides; and
       Whereas, subjecting severance payments and termination 
     payments to different tax treatment than other retirement 
     payments and income results in inconsistent and inequitable 
     treatment of severance payments and termination payments to 
     taxpayers that have relocated to another state after 
     terminating their employment; and
       Whereas, the enactment of federal legislation that 
     prohibits a state from imposing an income tax on severance 
     payments and termination payments to an individual that is 
     not a resident of that state will result in the tax treatment 
     of such payments that is consistent with the tax treatment of 
     other retirement income; now, therefore, be it
       Resolved by the Senate of the Sixty-first General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein. That the Congress of the United States is 
     hereby memorialized to adopt legislation amending 4 U.S.C. 
     sec. 114 to include severance payments and termination 
     payments within the retirement income of a nonresidential 
     individual upon which states may not impose income tax.
       Be It Further Resolved, That copies of this Joint Memorial 
     be sent to the President of the United States Senate, to the 
     Speaker of the United States House of Representatives, and to 
     each member of Colorado's congressional delegation.
                                  ____

       POM-471. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan, to the Committee on 
     Finance.
       Whereas, there is a proposal under discussion promoting a 
     new special tax on sport utility vehicles (SUVs). Media 
     reports indicate that environmental groups are advocating a 
     new federal excise tax on these popular vehicles as a means 
     of raising revenue for conservation purposes. The campaign is 
     centered on the need to preserve threatened natural 
     resources; and
       Whereas, while the need for responsible actions on the 
     environment is inarguable, the link to new taxes on sport 
     utility vehicles is clearly invalid. Contrary to the belief 
     of some, sport utility vehicles are used for off-road driving 
     by only a very small percentage of owners. The image of all 
     of these vehicles damaging the environment through off-road 
     use is inaccurate. The proposed new tax is, instead, unfairly 
     targeted to penalize a certain segment of the market and take 
     advantage of the popularity of SUVs. In Michigan, people 
     using vehicles for off-road purposes already finance outdoors 
     recreation through a licensing program; and
       Whereas, special purpose taxes that are not based on clear 
     logic and fairness serve to erode public confidence in 
     government. The idea of taxing a certain category of 
     vehicles--used almost entirely in the same manner as 
     automobiles of any size or description--based on 
     misconceptions and inaccuracies is wrong; now, therefore, be 
     it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to refrain from imposing any special taxes 
     on sport utility vehicles; and be it further
       Resolved, That copies of this resolution 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-472. A resolution adopted by the House of the 
     Legislature of the State of Michigan; to the Committee on 
     Finance.

                        House Resolution No. 12

       Whereas, the North American Free Trade Agreement (NAFTA) 
     enabling legislation was approved by the United States House 
     of Representatives by a vote of 234-200 on November 17, 1993, 
     and by the United States Senate, 61-38, on November 20, 1993; 
     and
       Whereas, NAFTA enabling legislation was signed into law by 
     President Clinton on December 8, 1993; and
       Whereas, NAFTA is a 20,000-page, multilateral trade 
     agreement between the United States, Canada, and Mexico; and
       Whereas, multilateral managed trade agreements like NAFTA 
     are exporting middle-class jobs from Michigan to Third World 
     countries like Mexico; and
       Whereas, the Mexican peso collapsed in a financial crisis 
     following NAFTA's approval; and
       Whereas, NAFTA's supporters engineered a $50 billion dollar 
     bailout of the Mexican peso paid for by American taxpayers; 
     and
       Whereas, the bailout of the peso enriched wealthy owners of 
     peso-dominated debt instruments at the expense of middle-
     class American taxpayers; and
       Whereas, Argentina and Chile have experienced financial 
     instability and currency devaluations in the last decade; and
       Whereas, lacking a sound monetary system, the potential for 
     financial instability persists in other Latin American 
     countries like Argentina and Chile under a multilateral 
     managed trade agreement; and
       Whereas, working families believe that expanding trade is 
     good for a healthy economy, but American workers have learned 
     from the NAFTA experience that, without protections, job 
     loss, wage reductions, and a weaker voice in the workplace 
     are the result; and
       Whereas, as the country continues to remove barriers to 
     trade through new agreements, those agreements must protect 
     worker rights, labor standards, and environmental quality in 
     all countries that are a party to the agreement; and
       Whereas, any grant of trade negotiating authority to the 
     administration that gives up Congress's ability to make 
     changes in trade agreements submitted for its approval must 
     also contain strong provisions for addressing worker rights, 
     labor standards, and environmental protection. These 
     provisions must be part of the core agreement and must be 
     subject to the same dispute settlement procedures available 
     to other covered issues; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to oppose 
     extension of the North American Free Trade Agreement (NAFTA) 
     to other Latin American countries; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United

[[Page S6403]]

     States House of Representatives and members of the Michigan 
     congressional delegation.
                                  ____

       POM-473. A joint resolution adopted by the Legislature of 
     the State of Tennessee; to the Committee on Finance.

                    Senate Joint Resolution No. 705

       Whereas, the State of Tennessee is almost entirely within 
     the service area of the Tennessee Valley Authority (``TVA''), 
     and, with one exception, all electric power in Tennessee is 
     generated by the TVA and distributed by public power 
     companies or electric cooperatives; and
       Whereas, the TVA has provided electric power to the State 
     of Tennessee and to the Tennessee Valley since its inception 
     in 1933; and
       Whereas, in the last few years, considerable interest has 
     arisen in the deregulation of the sale of electricity in the 
     United States; and
       Whereas, each state, including Tennessee, has unique 
     electric power supply sources and demand requirements that 
     cannot readily be accommodated by a federally mandated 
     national time period for full competition; and
       Whereas, wholesale or retail electric power competition in 
     the Tennessee Valley is possibly completely dependent upon 
     congressional decision with regard to the TVA; and
       Whereas, the General Assembly of the State of Tennessee has 
     created a special study committee for the review of issues 
     arising from the possible deregulation of the electric power 
     industry in Tennessee; and
       Whereas, the Electric Deregulation Study Committee has 
     devoted many hours over the last year to the study of the 
     potential impact of the deregulation of the electric power 
     industry in Tennessee; and
       Whereas, it has become clear to the members of the Electric 
     Deregulation Study Committee that the federal government does 
     not have the knowledge or resources necessary to determine 
     completely the particular needs of the consumers of electric 
     power in the State of Tennessee; now, therefore,
       Be it Resolved by the Senate of the One-Hundredth General 
     Assembly of the State of Tennessee, the House of 
     Representatives Concurring, That the members of this General 
     Assembly strongly urge the Congress of the United States not 
     to take action to mandate competition in the retail or 
     wholesale of electricity without special and careful 
     consideration of the interests of the people of the Tennessee 
     Valley.
       Be it further resolved, That the timing for deregulation be 
     left to the General Assembly of the State of Tennessee, 
     consistent with the congressional action necessary to allow 
     competition in the Tennessee Valley.
       Be it further resolved, That an appropriate copy of this 
     resolution be prepared for presentation to the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, each United States Senator and each 
     United States Representative representing the State of 
     Tennessee, the Secretary of the United States Department of 
     Energy and to the President and Vice President of the United 
     States.
                                  ____

       POM-474. A resolution adopted by the Senate of the 
     Legislature of the State of Tennessee; to the Committee on 
     Finance.

                       Senate Resolution No. 148

       Whereas, maintaining patient access to affordable, quality 
     health care is of paramount concern to the well-being of all 
     Americans; and
       Whereas, recently proposed regulations by members of 
     Congress to implement the 1993 amendments to the ``Stark'' 
     law as they affect the provision of chemotherapy in the 
     physician office setting pose a serious threat to the health 
     of cancer patients in this country; and
       Whereas, these proposed regulations, if enacted, would 
     reduce chemotherapy reimbursement to acquisition costs, while 
     failing to adequately pay for other activities needed to 
     provide and support patient chemotherapy in outpatient 
     settings; and
       Whereas, such regulations would make it financially 
     impossible to treat cancer patients in offices; in addition, 
     significant concerns exist as to how the Health Care 
     Financing Administration would implement Ambulatory Patient 
     Categories and whether the Administration would attempt to 
     severely limit chemotherapy reimbursements in hospitals; and
       Whereas, the administration of outpatient chemotherapy in 
     physician office settings is a safer, more convenient and 
     more cost-effective method for patients to receive their 
     chemotherapy treatments; and
       Whereas, many of these patients will suffer needlessly if 
     forced to travel long distances to treatment sites rather 
     than being able to utilize the services of their local 
     physicians; and
       Whereas, these amendments, if adopted, would threaten the 
     very existence of community cancer care as we know it, not to 
     mention its impact on community oncology in offices, clinics, 
     groups and hospitals, which strive to ensure that cancer 
     patients receive the quality care they deserve; and
       Whereas, although the oncology community and Congress 
     agreed in the Balanced Budget Act to set reimbursement for 
     physician-administered chemotherapy and supportive therapies 
     at AWP minus 5%, the HCFA has advocated such amendments to 
     the Stark II regulations within days of the congressional 
     agreement's implementation, without waiting to determine the 
     impact of the agreement; and
       Whereas, with 70% of all chemotherapy being delivered 
     outside hospital settings in physician offices and clinics, 
     most of these locations would be forced to close if these 
     amendments were adopted, resulting in the dismissal of 
     oncology nursing staff that patients rely on to accurately 
     deliver chemotherapy, and the loss of quality control in the 
     mixing of chemotherapy and supervision of its administration 
     by trained physicians and nurses; and
       Whereas, while the HCFA believes that eliminating the 
     margin on chemotherapy in office settings will create a major 
     windfall, the proposed amendments to the Stark II regulations 
     will only serve to harm those persons in greatest need of 
     medical assistance; now, therefore, be it
       Resolved by the Senate of the One-Hundredth General 
     Assembly of the State of Tennessee, That we respectfully urge 
     the Congress of the United States to address this important 
     issue by not adopting the proposed amendments to the Stark II 
     regulations.
       Be it further resolved, That appropriate copies of this 
     resolution be transmitted forthwith to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and to each member of the Tennessee Congressional Delegation.
                                  ____

       POM-475. A joint resolution adopted by the Legislature of 
     the State of Colorado; to the Committee on Foreign Relations.

                     Senate Joint Resolution 98-023

       Whereas, the United States is a signatory to the 1992 
     United Nations Framework Convention on Global Climate Change 
     (``FCCC''); and
       Whereas, a proposed protocol to expand the scope of the 
     FCCC was negotiated in December 1997 in Kyoto, Japan (``Kyoto 
     Protocol''), potentially requiring the United States to 
     reduce emissions of greenhouse gases by 7 percent from 1990 
     levels during the period 2008 to 2012, with potentially 
     larger emission reductions thereafter; and
       Whereas, President William J. Clinton pledged on October 
     22, 1997, ``That the United States not assume binding 
     obligations (in Kyoto) unless key developing nations 
     meaningfully participate in this effort''; and
       Whereas, on July 25, 1997, the United States Senate adopted 
     Senate Resolution No. 98 by a vote of 95-0, expressing the 
     sense of the Senate that ``The United States should not be a 
     signatory to any protocol or other agreement regarding the 
     Framework Convention on Climate Change . . .  which would 
     require the advice and consent of the Senate to ratification, 
     and which would mandate new commitments to mitigate 
     greenhouse gas emissions for the developed country parties 
     unless the protocol or other agreement also mandates specific 
     scheduled legally binding commitments within the same 
     compliance period to mitigate greenhouse gas emissions for 
     developing country parties.''; and
       Whereas, developing nations are exempt from greenhouse gas 
     emission limitation requirements in the FCCC, and refused in 
     the Kyoto negotiations to accept any new commitments for 
     greenhouse gas emission limitations through the Kyoto 
     Protocol; and
       Whereas, emissions of greenhouse gases such as carbon 
     dioxide are caused primarily by the combustion of oil, coal, 
     and natural gas fuels by industries, automobiles, homes, and 
     other use of energy; and
       Whereas, the United States relies on carbon-based fossil 
     fuels for more than ninety percent of its total energy 
     supply; and
       Whereas, achieving the emission reductions proposed by the 
     Kyoto Protocol would require an approximately thirty-eight 
     percent reduction in projected United States carbon emissions 
     during the period 2008 to 2012; and
       Whereas, developing counties exempt from emission 
     limitations under the Kyoto Protocol are expected to increase 
     their rates of fossil fuel use over the next two decades, and 
     to surpass the United States and other industrialized 
     countries in total emissions of greenhouse gases; and
       Whereas, studies prepared by the economic forecasting group 
     WEFA, Inc., estimate that legally binding requirements for 
     the reduction of United States greenhouse gases below 1990 
     emission levels would result in the loss of more than 29,500 
     Colorado jobs, with the unemployment rate approaching five 
     percent in 2010, while subjecting Colorado's citizens to 
     higher energy, housing, medical, and food costs that would 
     reduce Colorado tax revenue by $420 million; and
       Whereas, the failure to provide for commitments by 
     developing countries in the Kyoto Protocol creates an unfair 
     competitive imbalance between industrial and developing 
     nations, potentially leading to the transfer of jobs and 
     industrial development from the United States to developing 
     countries; and
       Whereas, increased emissions of greenhouse gases by 
     developing countries would offset any environmental benefits 
     associated with emissions reductions achieved by the United 
     States and by other industrial nations; now, therefore, be it
       Resolved by the Senate of the Sixty-first General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein:
       (1) That we, the members of the General Assembly, strongly 
     urge the President of the United States not to sign the Kyoto 
     Protocol to the FCCC;
       (2) That, if the President does sign the Kyoto Protocol, we 
     strongly urge the United States Senate not to ratify the 
     treaty; and
       (3) That we request that no federal or state agency take 
     any action to initiate strategies

[[Page S6404]]

     to reduce greenhouse gases as required by the Kyoto Protocol 
     until it is revised to include specific scheduled commitments 
     for developing countries to mitigate greenhouse gas emissions 
     within the same compliance period required for developed 
     countries.
       Be it further resolved, That copies of this Resolution be 
     transmitted to the President of the United States, the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, and to each member of 
     Colorado's delegation in the United States Congress.
                                  ____

       POM-476. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii; to the Committee on Governmental 
     Affairs.

                                                  State of Hawaii,


                                                State Capitol,

                                   Honolulu, Hawaii, May 15, 1998.
     Hon. Albert Gore, Jr.
     Vice President, Old Executive Office Building, Washington, 
         DC.
       Dear Mr. Vice President: I have the honor to transmit 
     herewith Senate Concurrent Resolution No. 172, S.D. 1, which 
     was adopted on April 16, 1998 by the Senate of the Nineteenth 
     Legislature of the State of Hawaii, Regular Session of 1998.
           Sincerely yours,
                                                Paul T. Kawaguchi,
                                              Clerk of the Senate.
       Enclosure.

                    Senate Concurrent Resolution 172

       Whereas, in a period of resource constraints, citizens 
     still want to improve Hawaii's quality of life; and
       Whereas, Hawaii's citizens have come together to adopt 
     benchmarks representing public goals, and indicators of 
     progress towards meeting those goals; and
       Whereas, formation of performance partnerships with the 
     federal government, local government, and the private sector 
     offer the possibility of achieving results through 
     collaborative means without additional state funds; and
       Whereas, performance management requires measuring progress 
     towards benchmarks on a regular systematic basis; and
       Whereas, partners should be rewarded for success evidenced 
     by both high performance and improved performance; and
       Whereas, the federal government is exploring rewarding 
     additional funds as an incentive to states that make 
     improvement; and
       Whereas, the federal government is exploring rewarding high 
     performing states with additional flexibility or reduced 
     matching requirements; and
       Whereas, the Office of the Governor has invited the 
     National Performance Review, under the direction of Vice 
     President Al Gore, to explore mutual goals for reinventing 
     government and improving intergovernmental service delivery; 
     and
       Whereas, National Performance Review staff visited Hawaii 
     in November 1997 and met with community-government 
     partnerships, legislators, and groups of concerned citizens 
     that support a shift to measuring performance results to 
     chart progress towards public goals; now, therefore, be it
       Resolved by the Senate of the nineteenth Legislature of the 
     State of Hawaii, Regular Session of 1998, the House of 
     Representatives concurring, That the Office of the Governor 
     is requested to proceed with discussions which may lead to a 
     letter of agreement with the National Performance Review 
     committing both the state and federal governments to explore 
     reducing barriers to reinventing government by shifting to 
     performance management and performance partnerships to 
     achieve public goals; and be it further
       Resolved, That the federal government be requested to 
     assign a liaison from the National Performance Review to 
     assist Hawaii in creating performance partnerships with 
     communities, the non-profit sector, and the business 
     community to improve results on achieving public goals, such 
     as the Good Beginnings Alliance, the proposed Waipahu 
     partnership and partnership efforts in other communities; and 
     be it further
       Resolved, That a steering committee composed of 
     representatives nominated by the Legislature, the Hawaii 
     Community Services Council's Ke Ala Hoku project, the Hawaii 
     Business Roundtable, The Chamber of Commerce of Hawaii, and 
     persons with experience in management, re-engineering of 
     service delivery, fiscal, and governance systems, and 
     assessment be convened to advise the governor on the goals of 
     the National Performance Review partnership; and be it 
     further
       Resolved, That the steering committee is requested to 
     develop plans for the following:
       (1) A results measurement system which provides regular 
     reports on progress towards achieving outcomes to policy 
     makers and the public;
       (2) A performance partnership development mechanism which 
     convenes the stakeholders in achieving individual benchmarks 
     to develop new program, fiscal, and governance strategies;
     and be it further
       Resolved, That the Governor is requested to report on the 
     progress made in developing performance management mechanisms 
     with the assistance of the National Performance Review twenty 
     days prior to the start of the 1999 Legislative Session; and 
     be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the Governor, Vice President Al 
     Gore, the National Performance Review, the Aloha United Way 
     Board of Directors, the Hawaii Community Services Council, 
     the Hawaii Community Foundation, the Hawaii Business 
     Roundtable, and The Chamber of Commerce of Hawaii.
                                  ____

       POM-477. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on the Judiciary.

                     House Concurrent Memorial 2009

       Whereas, criminal defendants are afforded numerous federal 
     rights and procedural protections; and
       Whereas, victims of crime are not afforded any federal 
     rights or protections; and
       Whereas, the people of this state believe in the individual 
     rights and liberties of all persons and have amended the 
     Constitution of Arizona to provide crime victims with rights.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the Congress of the United States propose to the 
     people an amendment to the Constitution of the United States 
     that provides rights to crime victims and that embodies the 
     following principles:
       (a) The right to be informed of and not excluded from any 
     public proceedings relating to the crime.
       (b) The right to be heard regarding any release from 
     custody and to consideration for the safety of the victim in 
     determining any release.
       (c) The right to be heard regarding the acceptance of any 
     negotiated plea or sentence.
       (d) The right to receive notice of release or escape.
       (e) The right to a trial that is free from unreasonable 
     delay.
       (f) The right to restitution.
       (g) The right to receive notice of victims' rights.
       2. That any amendment to the Constitution of the United 
     States to establish rights for crime victims grant standing 
     to victims of crime to assert all rights established by the 
     Constitution.
       3. That the state legislature have the power to implement 
     and enforce the rights in the Arizona criminal justice 
     system.
       4. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-478. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on the Judiciary.

                    Assembly Joint Resolution No. 66

       Whereas, during World War II, the United States government 
     orchestrated, financed, and directed the mass arrest and 
     deportation of 2,264 men, women, and children of Japanese 
     ancestry from various Latin American countries to United 
     States internment camps, according to a 1983 Congressional 
     report; and
       Whereas, the United States government carried out this 
     program to use these civilians in prisoner exchanges for 
     Americans held by the Japanese during the war; and
       Whereas, twelve Latin American governments--Bolivia, 
     Colombia, Costa Rica, the Dominican Republic, Ecuador, El 
     Salvador, Guatemala, Haiti, Honduras, Nicaragua, Panama, and 
     Peru--supported this mass arrest and deportation; and
       Whereas, in violation of basic human rights, the United 
     States abducted those persons without charges, hearings, or 
     any kind of due process and forcibly transported them to 
     Immigration and Naturalization Service detention facilities 
     in a country and culture foreign to them, far away from their 
     homes; and
       Whereas, over 860 Japanese Latin Americans were sent to 
     Japan in prisoner-of-war exchanges, while about 1,400 
     remained incarcerated in United States internment camps until 
     the end of the war; and
       Whereas, Congress passed the Civil Liberties Act of 1988 
     (50 U.S.C. Sec. 1989 et seq.), which provided an official 
     apology and restitution to Japanese American internees; and
       Whereas, The Japanese Latin American internees and their 
     families seek the same official apology and restitution 
     provided the Japanese American internees; and
       Whereas, the Japanese Latin American internees and their 
     families seek the United States government's acknowledgment 
     of this tragic and largely unknown experience; and
       Whereas, a federal class action lawsuit was filed on August 
     28, 1996, challenging the denial of redress to the Japanese 
     Latin American internees and their families under the Civil 
     Liberties Act of 1988; and
       Whereas, more than 80 Members of Congress from across the 
     country have publicly expressed their support for redress for 
     the Japanese Latin American internees; now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California supports the granting of an official apology and 
     restitution to World War II Japanese Latin American internees 
     pursuant to federal law; 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-479. A concurrent resolution adopted by the Legislature 
     of the State of Oklahoma; to the Committee on the Judiciary.

[[Page S6405]]

       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, federal district courts, with the acquiescence of 
     the United States Supreme Court, continue to order states to 
     levy or increase taxes to comply with the federal courts' 
     interpretation of federal law; and
       Whereas, the federal courts have strayed from the intent of 
     our founding fathers and the United States Constitution 
     through inappropriate judicial tax mandates; and
       Whereas, these mandates by way of judicial decision have 
     forced state governments to serve as the mere administrative 
     arm of the federal government; 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 uncertain terms, that the 
     authority to tax under the United States Constitution is 
     retained by the people who, by their consent alone, do 
     delegate such power to tax explicitly to themselves or those 
     duly elected 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 United States 
     Constitution; and
       Whereas, the amendment was previously introduced in the 
     United States 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: Now, therefore, be it
       Resolved by the Senate of the 2nd session of the 46th 
     Oklahoma Legislature, the House of Representatives concurring 
     therein, That the United States Congress prepare and submit 
     to the several states an amendment to the United States 
     Constitution 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.''
       That the Secretary of State is hereby directed to 
     distribute copies of this resolution to the President and 
     Vice President of the United States, the Presiding Officer in 
     each house of the 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 States of Oklahoma 
     Congressional Delegation.
                                  ____

       POM-480. A resolution adopted by the Legislature of the 
     Commonwealth of Pennsylvania; to the Committee on Labor and 
     Human Resources.

                        House Resolution No. 443

       Whereas, it is estimated that 26,800 new cases of ovarian 
     cancer developed in the United States in 1997; and
       Whereas, ovarian cancer caused approximately 14,200 deaths 
     in 1997; and
       Whereas, ovarian cancer ranks second among gynecological 
     cancers in the number of new cases each year and causes more 
     deaths than any other cancer of the female reproductive 
     system; and
       Whereas, approximately 78% of ovarian cancer patients 
     survive longer than one year after diagnosis and more than 
     46% of these patients survive longer than five years after 
     diagnosis; and
       Whereas, if diagnosed and treated before the cancer spreads 
     outside of the ovary, the five-year survival rate is 92%, but 
     approximately only 24% of all cases of ovarian cancer is 
     detected at this stage; and
       Whereas, ovarian cancer research is desperately needed to 
     serve as encouragement to more women to undergo screening 
     tests earlier as well as to reduce the medical costs 
     associated with later discovery; and
       Whereas, H.R. 953 in the House of Representatives of the 
     United states, to be known as the Ovarian Cancer Research and 
     Information Amendments of 1997, would authorize $90 million 
     to conduct ovarian cancer research; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President of the 
     United States and the Congress of the United States to enact 
     H.R. 953, the Ovarian Cancer Research and Information 
     Amendments of 1997; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.

                          ____________________