[Congressional Record Volume 146, Number 3 (Wednesday, January 26, 2000)]
[Senate]
[Pages S81-S85]
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-373. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to lifetime 
     health care for military retirees; to the Committee on Armed 
     Services.

                        House Resolution No. 183

       Whereas, The men and women who have devoted themselves to 
     military service on behalf of their fellow citizens are 
     entitled to receive the benefits promised them when they 
     began their patriotic service. When these people signed up 
     for the difficult and dangerous work of protecting our 
     country and way of life, they were assured that the country 
     would provide lifetime health care benefits; and
       Whereas, This implied contract is not being fulfilled. Upon 
     reaching the age of sixty-five, military retirees lose a 
     significant portion of promised health care due to Medicare 
     eligibility. This situation is made more severe by the fact 
     that many military retirees do not live near military 
     treatment facilities; and
       Whereas, Military retirees have significantly less access 
     to health care than other retired federal employees covered 
     under the Federal Employees Health Benefits Program. This is 
     especially true in light of inequities between coverages for 
     pharmaceuticals; and
       Whereas, There are proposals under consideration in 
     Congress to rectify this problem and extend to military 
     retirees the benefits they have earned and deserve. In 
     addition, there are pilot projects operating that address the 
     problem by allowing Medicare-eligible retirees to enroll in a 
     program through the Department of Defense. Clearly, there are 
     options available to provide military retirees the care to 
     which they are entitled; Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress and the President of the United 
     States to maintain or improve our nation's commitment to 
     military retirees to provide lifetime health care; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the Office of the President of the United States, 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-374. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to compensation 
     for members of the military reserve and national guard when 
     called to active duty; to the Committee on Armed Services.

                        House Resolution No. 213

       Whereas, the members of the military reserves and National 
     Guard represent a vital

[[Page S82]]

     component of our national defense. From the birth of our 
     country, civilian soldiers have made the swift transition to 
     take up arms in our country's times of need. Since the end of 
     the Cold War, our reservists have shouldered a heavier burden 
     as the active military has been reduced; and
       Whereas, in recent years, with mobilizations in the Middle 
     East and the Balkan Peninsula, for example, reservists and 
     National Guard units called to active duty have proven 
     invaluable in all facets of military operations. This recent 
     experience has also made it clear that the men and women 
     serving in this role often do so at significant personal 
     costs. This cost includes not only the financial strains on 
     families, but also the burden facing the families and the 
     small business operations that lose the contributions of the 
     person who has donned a military uniform. In situations where 
     the reservist or guard member is a medical professional, for 
     example, several people can be deprived of their livelihoods 
     for an indefinite period of time. This hardship becomes even 
     more severe and long lasting if a business is lost; and
       Whereas, some members of Congress, military leadership, and 
     other observers have expressed concern for this future 
     strength of our military as fewer young people pursue 
     military service. In light of these factors, it seems logical 
     to respond appropriately to the genuine needs of those who 
     are already committed to the service of our country through 
     the military. It is important that serious efforts be made to 
     address this of those who are already committed to the 
     service of our country through the military. It is important 
     that serious efforts be made to address this situation 
     swiftly: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to provide 
     proper compensation and protection to members of the military 
     reserves and National Guard when called to active duty to 
     safeguard against financial and professional hardships; 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-375. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to disability 
     compensation for military retirees; to the Committee on Armed 
     Services.

                        House Resolution No. 214

       Whereas, The men and women who devote themselves to our 
     nation's defense through careers in the military provide 
     their fellow citizens with a quality of life and freedom 
     unsurpassed anywhere on earth. This service routinely puts 
     our military personnel at risk for injuries far more 
     threatening than dangers inherent in most civilian 
     professions; and
       Whereas, Those pursuing military careers are promised a 
     full retirement upon twenty or more years of active service. 
     In addition to this service, the men and women who have 
     served in the armed forces are sometimes called back into 
     duty during mobilizations; and
       Whereas, Currently, a person who becomes eligible for 
     disability compensation as a result of a service-related 
     injury sees retirement benefits reduced by the amount of 
     compensation being paid for the injury. This situation has 
     long been a source of discouragement and frustration for 
     career military personnel. Their unique services and exposure 
     to hardships should be recognized in the law as an indication 
     of the appreciation of our citizens for the risks of military 
     service; and
       Whereas, There are measures before Congress to provide that 
     disability payments and retirement benefits can be made 
     concurrently, without deduction from either. This legislation 
     needs to be enacted to keep faith with those to whom our 
     nation has made promises that are an obligation of honor with 
     people who preserve our cherished way of life. Now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact 
     legislation permitting military retirees to receive 
     disability compensation for service injuries without any 
     reduction in retirement pay; 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-376. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to quality of 
     and access to health care for veterans; to the Committee on 
     Veterans Affairs.

                        House Resolution No. 205

       Whereas, With the move to a balanced federal budget, many 
     people are concerned over the impact of increasingly limited 
     funds for vitally important services. An area of special 
     concern is the health care provided to our veterans, 
     especially through the facilities and programs of the 
     Department of Veterans Affairs; and
       Whereas, For those who served our country with sacrifice 
     and valor in the Armed Forces, the VA health programs 
     represent a fulfillment of a promise. The programs and 
     facilities are literally a lifeline for many. This promise on 
     the part of our nation--to care for our veterans in their 
     times of need--cannot be forgotten or abandoned. The move to 
     bring austerity and fiscal responsibility to government 
     spending cannot override the needs of the veterans who now 
     rely on us as we relied on them in our nation's times of 
     need; and
       Whereas, Funding to care for veterans who have suffered 
     grave injuries must not be jeopardized. Veterans bedridden by 
     injuries and dependent on VA health services have every right 
     to the same level of dedication they gave to America in 
     battles to preserve our way of life. To decrease our 
     financial and emotional commitment to these patriots through 
     inadequate care is wrong. Continuing cutbacks in funding and 
     reductions in service and personal care represent a flawed 
     approach to caring for men and women who have earned our 
     lasting gratitude: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to assure that 
     quality and access to health care for veterans are maintained 
     or improved; 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-377. A petition from the Attorney General of the State 
     of Rhode Island relative to the statutory establishment of an 
     office within the Department of Justice to address violence 
     in families; to the Committee on the Judiciary.
       POM-378. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-379. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-380. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-381. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-382. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-383. A petition from a citizen of the State of Ohio 
     relative to partial-birth abortions; to the Committee on the 
     Judiciary.
       POM-384. A joint resolution adopted by the Legislature of 
     the State of Oregon relative to the 2000 census; to the 
     Committee on Governmental Affairs.

                         House Joint Memorial 8

       Wheares the Constitution of the United States requires an 
     actual enumeration of the population every 10 years and 
     entrusts Congress with overseeing all aspects of each federal 
     decennial census; and
       Whereas the sole constitutional purpose of the federal 
     decennial census is to apportion the seats in Congress among 
     the states; and
       Whereas an accurate and legal federal decennial census is 
     necessary to properly apportion seats in the United States 
     House of Representatives among the 50 states and to create 
     legislative districts within the states; and
       Whereas an accurate and legal federal decennial census is 
     necessary to enable states to comply with the constitutional 
     mandate of drawing state legislative districts within the 
     states; and
       Whereas section 2, Article 1, United States Constitution, 
     in order to ensure an accurate count and to minimize the 
     potential for political manipulation, mandates an ``actual 
     Enumeration'' of the population, which requires a physical 
     head count of the population and prohibits statistical 
     guessing or estimates of the population; and
       Whereas Title 13, Section 195 of the United States Code, 
     consistent with this constitutional mandate, expressly 
     prohibits the use of statistical sampling to enumerate the 
     population of the United States for the purpose of 
     reapportioning the United States House of Representatives; 
     and
       Whereas legislative redistricting conducted by the states 
     is a critical subfunction of the constitutional requirements 
     to apportion representatives among the states; and
       Whereas the United States Supreme Court, in No. 98-404, 
     Department of Commerce, et al. v. United States House of 
     Representatives, et al., together with No. 98-564, Clinton, 
     President of the United States, et al. v. Glavin, et al., 
     ruled on January 25, 1999, that the Census Act prohibits the 
     Census Bureau's proposed use of statistical sampling in 
     calculating the population of purposes of apportionment; and
       Whereas in reaching its findings, the United States Supreme 
     Court found that the use of statistical samplings to adjust 
     census numbers would create a dilution of voting rights for 
     citizens in legislative redistricting, thus violating legal 
     guarantees of ``one person, one vote''; and
       Whereas consistent with this ruling and the constitutional 
     and legal relationship of legislative redistricting by the 
     states to the apportionment of the United States House of 
     Representatives, the use of adjusted census data would raise 
     serious questions of vote dilution and violate ``one vote'' 
     legal protections, thus exposing the State of Oregon to 
     protracted litigation over legislative redistricting plans at 
     great cost to the taxpayers of the State of Oregon, and 
     likely result in a court ruling invalidating any legislative 
     redistricting plan using census numbers that have been 
     determined in whole or in part by the use of random sampling 
     techniques or

[[Page S83]]

     other statistical methodologies that add persons to or 
     subtract persons from the census counts based solely on 
     statistical inference; and
       Whereas consistent with this ruling, no person enumerated 
     in the census should ever be deleted from the census 
     enumeration; and
       Whereas consistent with this ruling, every reasonable and 
     practicable effort should be made to obtain the fullest and 
     most accurate count of the population as possible, including 
     employing census counters and providing appropriate funding 
     for state and local census outreach and education programs as 
     well as a provision for post-census local review; and
       Whereas census counters have encountered problems entering 
     the United States' 11 most urban areas and counting citizens 
     there; and
       Whereas employing additional census counters from within 
     problematic urban areas would provide temporary employment 
     opportunities and increase the accuracy of the data collected 
     in those areas: Now, therefore, be it
       Resolved by the Legislative Assembly of the State of 
     Oregon:
       (1) We call on the United States Census Bureau to conduct 
     the 2000 federal decennial census in a manner consistent with 
     the January 25, 1999, United States Supreme Court ruling and 
     the constitutional mandate, which require a physical head 
     count of the population and bar the use of statistical 
     sampling to create or in any way adjust the count.
       (2) We oppose the use of P.L. 94-171 data for state 
     legislative redistricting based on census numbers that have 
     been determined in whole or in part by the use of statistical 
     inferences derived by means of random sampling techniques or 
     other statistical methodologies that add persons to or 
     subtract persons for the census counts.
       (3) We demand that the State of Oregon receive P.L. 94-171 
     data for legislative redistricting identical to the census 
     tabulation data used to apportion seats in the United States 
     House of Representatives consistent with the United States 
     Supreme Court ruling and the constitutional mandate, which 
     require a physical head count of the population and bar the 
     use of statistical sampling to create or in any way adjust 
     the count.
       (4) We urge Congress, as the branch of government assigned 
     the responsibility of overseeing the federal decennial 
     census, to take whatever steps are necessary to ensure that 
     the 2000 census is conducted fairly and legally.
       (5) A copy of this memorial shall be sent to the President 
     of the United States, the Vice President of the United 
     States, the Majority Leaders of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     United States Census Bureau and each member of the Oregon 
     Congressional Delegation.
                                  ____

       POM-385. A resolution adopted by the House of the 
     Legislature of the State of Oregon relative to child sexual 
     abuse; to the Committee on Health, Education, Labor, and 
     Pensions.

                            House Memorial 1

       Whereas children are a precious gift and responsibility; 
     and
       Whereas preserving the spiritual, physical and mental well-
     being of children is our sacred duty as citizens; and
       Whereas no segment of our society is more critical to the 
     future of human survival and society than our children; and
       Whereas it is the obligation of all public policymakers not 
     only to support but also to defend the health and rights of 
     parents, families and children; and
       Whereas information endangering children is being made 
     public and, in some instances, may be given unwarranted or 
     unintended credibility through release under professional 
     titles or through professional organizations; and
       Whereas elected officials have a duty to inform and to 
     counteract actions they consider damaging to children, 
     parents, families and society; and
       Whereas Oregon has made sexual molestation of a child a 
     crime; and
       Whereas parents who sexually molest their children should 
     be declared to be unfit; and
       Whereas virtually all studies in this area, including those 
     published by the American Psychological Association has 
     recently published, but did not endorse, a study that 
     suggests that sexual relationships between adults and 
     ``willing'' children are less harmful than believed and might 
     even be positive for ``willing'' children: Now, therefore, be 
     it
       Resolved by the House of Representatives of the State of 
     Oregon:
       (1) The House of Representatives of the Seventieth 
     Legislative Assembly of the State of Oregon condemns and 
     denounces all suggestions in the recently published study by 
     the American Psychological Association that indicate that 
     sexual relationships between adults and ``willing'' children 
     are less harmful than believed and might even be positive for 
     ``willing'' children.
       (2) The House of Representatives of the Seventieth 
     Legislative Assembly of the State of Oregon urges the 
     President and the Congress of the United States of America to 
     likewise reject and condemn, in the strongest honorable 
     written and vocal terms possible, any suggestions that sexual 
     relationships between children and adults are anything but 
     abusive, destructive, exploitive, reprehensible and 
     punishable by law.
       (3) The House of Representatives of the Seventieth 
     Legislative Assembly of the State of Oregon encourages 
     competent investigations to continue to research the effects 
     of child sexual abuse using the best methodology so that the 
     public and public policymakers may act upon accurate 
     information.
       (4) A copy of this memorial shall be sent to:
       (a) The Honorable Bill Clinton, President of the United 
     States;
       (b) The Honorable Al Gore, Jr., Vice President of the 
     United States and President of the United States Senate;
       (c) The Honorable Trent Lott, Majority Leader of the United 
     States Senate;
       (d) The Honorable J. Dennis Hastert, Speaker of the United 
     States House of Representatives;
       (e) The Honorable David Satcher, M.D., Ph.D., Surgeon 
     General of the United States; and
       (f) The members of the Oregon Congressional Delegation, 
     including Senators Ron Wyden and Gordon Smith and 
     Representatives David Wu, Greg Walden, Earl Blumenauer, Peter 
     DeFazio and Darlene Hooley.
                                  ____

       POM-386. A resolution adopted by the Common Council of the 
     City of Syracuse, New York relative to excessive use of force 
     by police officers and elimination of conflicts of interest 
     within local judicial systems; to the Committee on the 
     Judiciary.
       POM-387. A resolution adopted by the General Assembly of a 
     youth cooperative at Luis F. Crespo High School in Camuy, 
     Puerto Rico relative to Vieques Island; to the Committee on 
     Armed Services.
       POM-388. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to Social Security; to 
     the Committee on Finance.

                     House Concurrent Resolution 10

       Whereas, Social Security provides American workers and 
     their families with universal, wage-related and inflation-
     adjusted benefits in the event of retirement, disability, or 
     death of a wage earner; and
       Whereas, without Social Security, approximately 54 percent 
     of the population aged 65 and over would be consigned to 
     poverty; and
       Whereas, 98 percent of children under age 18 can count on 
     monthly Social Security benefits if a working parent dies; 
     and
       Whereas, Social Security's trustees and administrators have 
     carefully modified the benefit and financing structure to 
     ensure the program's viability in light of demographic and 
     economic developments; and
       Whereas, Social Security, without any changes, could pay 
     full benefits until the year 2032 and could pay 75 percent of 
     benefits for decades thereafter; and
       Whereas, the long-term solvency of Social Security can be 
     ensured for future generations with measured, timely 
     adjustments to the program made by Congress; and
       Whereas, recent volatility in the stock market and overseas 
     financial crises serve as reminders that the current Social 
     Security system continues to provide the most financially 
     stable safety net for American workers; now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring: That the United States Congress should give 
     priority to preserving Social Security for future generations 
     of Americans so that Social Security will continue to be a 
     universal, mandatory, contributory social insurance system 
     where risk is pooled among all workers; That copies of this 
     resolution, signed by the speaker of the house and the 
     president of the senate, be forwarded by the house clerk to 
     the speaker of the United States House of Representatives, 
     the President the United States Senate, and to each member of 
     the New Hampshire congressional delegation.
                                  ____

       POM-389. A resolution adopted by the Board of Chosen 
     Freeholders of Ocean County, New Jersey relative to the 
     dredging of the Brooklyn Marine Terminal and the disposal of 
     dredge materials at the Mud Dump Site; to the Committee on 
     Environment and Public Works.
                                  ____

       POM-390. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     the 2000 census; to the Committee on Governmental Affairs.
                                  ____


                      House Concurrent Resolution

       Whereas, the Constitution of the United States requires an 
     actual enumeration of the population every ten years and 
     entrusts Congress with overseeing all aspects of each 
     decennial enumeration; and
       Whereas, the sole constitutional purpose of the decennial 
     census is to apportion the seats in Congress among the 
     several states; and
       Whereas, an accurate and legal decennial census is 
     necessary to properly apportion United States House of 
     Representatives seats among the 50 states and to create 
     legislative districts within the states; and
       Whereas, an accurate and legal decennial census is 
     necessary to enable states to comply with the constitutional 
     mandate of drawing state legislative districts within the 
     states; and
       Whereas, section 2 of Article I of the Constitution of the 
     United States, in order to ensure an accurate count and to 
     minimize the potential for political manipulation, mandates 
     an ``actual enumeration'' of the population, which requires a 
     physical head count of the population and prohibits 
     statistical guessing or estimates of the population; and

[[Page S84]]

       Whereas, the provisions of 13 United States Code Sec. 195 
     (relating to use of sampling), consistent with this 
     constitutional mandate, expressly prohibit the use of 
     statistical sampling to enumerate the population of the 
     United States for the purpose of reapportioning the United 
     States House of Representatives; and
       Whereas, legislative redistricting conducted by the states 
     is a critical subfunction of the constitutional requirement 
     to apportion representatives among the states; and
       Whereas, the United States Supreme Court, in case No. 98-
     404, Department of Commerce, et al. v. United States House of 
     Representatives, et al., together with case No. 98-564, 
     Clinton, President of the United States, et al. v. Glavin, et 
     al., 525 U.S. 316 (1999), ruled on January 25, 1999, that 13 
     United States Code (relating to census) prohibits the Bureau 
     of the Census' proposed uses of statistical sampling in 
     calculating the population for purposes of apportionment; and
       Whereas, in reaching its findings, the United States 
     Supreme Court found that the use of statistical procedures to 
     adjust census numbers would create a dilution of voting 
     rights for citizens in legislative redistricting, thus 
     violating legal guarantees of ``one-person, one-vote''; and
       Whereas, consistent with this ruling and the constitutional 
     and legal relationship of legislative redistricting by the 
     states to the apportionment of the United States House of 
     Representatives, the use of adjusted census data would raise 
     serious questions of vote dilution and violate ``one-person, 
     one-vote'' legal protections, thus exposing the Commonwealth 
     of Pennsylvania to protracted litigation over legislative 
     redistricting plans at great cost to the taxpayers of this 
     Commonwealth, and would likely result in a court ruling 
     invalidating any legislative redistricting plan using census 
     numbers that have been determined in whole or in part by the 
     use of random sampling techniques or other statistical 
     methodologies that add or subtract persons to the census 
     counts based solely on statistical inference; and
       Whereas, consistent with this ruling, no person enumerated 
     in census should ever be deleted from the census enumeration; 
     and
       Whereas, consistent with this ruling, every reasonable and 
     practical effort should be made to obtain the fullest and 
     most accurate count of the population as possible, including 
     appropriate funding for state and local census outreach and 
     education programs, as well as a provision for post-census 
     local review; and
       Whereas, Federal funding based upon census data determine 
     the state-by-state distribution of nearly $200 billion in 
     Federal funds each year; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania call on the Bureau of the Census to conduct the 
     2000 decennial census consistently with the aforementioned 
     United States Supreme Court ruling and constitutional 
     mandate, which require a physical head count of the 
     population and which bar the use of statistical sampling to 
     create, or in any way adjust, the count; and be it further
       Resolved, That the Senate urge the Bureau of the Census to 
     permit a postcensus local review process to ensure an actual 
     enumeration; and be it further
       Resolved, That the Senate oppose the use of the 2000 
     decennial census Public Law 94-171 data file for state 
     legislative redistricting based on census numbers that have 
     been determined in whole or in part by the use of statistical 
     inferences derived by means of random sampling techniques or 
     other statistical methodologies that add or subtract persons 
     to the census counts; and be it further
       Resolved, That the Senate urgently request that it receive 
     the 2000 decennial census Public Law 94-171 data file for 
     legislative redistricting identical to the census tabulation 
     data used to apportion seats in the United States House of 
     Representatives consistent with the aforementioned United 
     States Supreme Court ruling and constitutional mandate, which 
     require a physical head count of the population and which bar 
     the use of statistical sampling to create, or in any way 
     adjust, the count; and be it further
       Resolved, That the Senate urge the Congress, as the branch 
     of government assigned the responsibility of overseeing the 
     decennial enumeration, to take whatever steps are necessary 
     to ensure that the 2000 decennial census is conducted fairly 
     and legally; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the Vice President of the 
     United States, the presiding officers of each House of 
     Congress and to each Member of Congress from Pennsylvania.
                                  ____

       POM-391. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     the Canadian film industry and the upcoming trade talks with 
     Canada; to the Committee on Finance.
                                  ____


                      House Concurrent Resolution

       Whereas, the financial advantages offered to filmmakers by 
     Canada have attracted movie production to Canada, which has 
     had the effect of increased employment in the Canadian film 
     industry, the building of related facilities in Canada and 
     more business for the Canadian vendors who supply movie 
     companies with essential goods and services; and
       Whereas, films that would have once been shot in the United 
     States are now being made in Canada; and
       Whereas, George Romero, who during a 30-year career has 
     made all but a few of his films, including ``Night of the 
     Living Dead,'' in Pittsburgh, made his most recent movie in 
     Canada, citing Toronto as a filmmaker's paradise; and
       Whereas, film industry support groups in the United States 
     are looking at international trade agreements as a way to 
     level the playing field between the United States and Canada 
     with regard to the film industry; and
       Whereas, Members of the Congress of the United States are 
     circulating a petition to raise the issue of ``runaway 
     production'' in upcoming trade talks with Canada; therefore 
     be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize Congress to take action to assure 
     that Canadian subsidies and cultural protectionism in the 
     film industry be considered during the upcoming trade talks 
     with Canada; and be it further
       Resolved, That copies of this resolution be sent to the 
     presiding officers of each House of Congress and to each 
     Member of Congress from Pennsylvania.
                                  ____

       POM-392. A joint resolution adopted by the Legislature of 
     the State of Oregon relative to American soldiers and pilots 
     missing from the Korean War; to the Committee on Foreign 
     Relations.
                                  ____


                        Senate Joint Memorial 10

       Whereas during the Korean War the United States led 20 
     nations in the defense of South Korea; and
       Whereas during the Korean War 5.7 million Americans served 
     in the armed forces of this nation; and
       Whereas 54,246 American soldiers were killed in the war, 
     103,284 were wounded, and 8,177 are still unaccounted for 
     almost 50 years later; and
       Whereas those still missing from the Korean War include 
     Oregonians; and
       Whereas the families of those missing from the Korean War 
     are entitled to know what happened to their loved ones; and
       Whereas the emotional pain of those families cannot end 
     until such knowledge is obtained; and
       Whereas many of the families of the missing desire to inter 
     the remains of missing family members in the United States; 
     and
       Whereas knowledge of the missing and the recovery of the 
     physical remains of the missing depends upon the cooperation 
     of the Democratic People's Republic of Korea; now, Therefore, 
     be it Resolved by the Legislative Assembly of the State of 
     Oregon:
       (1) The Congress of the United States and the President of 
     the United States are respectfully requested to use all 
     appropriate legal, diplomatic and economic means to obtain 
     the full cooperation of the Democratic People's Republic of 
     Korea and other nations in resolving the issue of American 
     soldiers and pilots missing from the Korean War.
       (2) A copy of this memorial shall be sent to the President 
     of the United States, the Majority Leader of the United 
     States Senate, the Speaker of the United States House of 
     Representatives and to each member of the Oregon 
     Congressional Delegation.
                                  ____

       POM-393. A joint resolution adopted by the Legislature of 
     the State of Oregon relative to a constitutional convention 
     on balancing the federal budget; to the Committee on the 
     Judiciary.
                                  ____


                        Senate Joint Memorial 9

       Whereas Article V of the Constitution of the United States 
     provides for the proposal of amendments to the Constitution 
     of the United States by two-thirds concurrence of the members 
     of both houses of Congress; now, Therefore, be it
       Resolved by the Legislative Assembly of the State of 
     Oregon:
       (1) The Congress of the United States is respectfully 
     requested to disregard calls for a constitutional convention 
     on balancing the federal budget because there exists no 
     guarantee that a federal constitutional convention, once 
     convened, could be limited to the subject of a balanced 
     federal budget, and therefore such a convention may intrude 
     into other constitutional revisions.
       (2) This memorial supersedes all previous memorials from 
     the Legislative Assembly of the State of Oregon requesting 
     the Congress of the United States to call a constitutional 
     convention to propose an amendment to the Constitution of the 
     United States that would require a balanced federal budget, 
     including Senate Joint Memorial 2 (1977), and therefore any 
     similar memorials previously submitted are hereby withdrawn.
       (3) A copy of this memorial shall be sent to the Senate 
     Majority Leader and Speaker of the House of Representatives 
     of the United States and to each member of the Oregon 
     Congressional Delegation.
                                  ____

       POM-394. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to the quality of and 
     access to health care for veterans; to the Committee on 
     Veterans Affairs.

                   Senate Concurrent Resolution No. 8

       Whereas, With the move to a balanced federal budget, many 
     people are concerned over the impact of increasingly limited 
     funds for vitally important services. An area of special 
     concern is the health care provided to our

[[Page S85]]

     veterans, especially through the facilities and programs of 
     the Department of Veterans Affairs; and
       Whereas, For those who served our country with sacrifice 
     and valor in the Armed Forces, the VA health programs 
     represent a fulfillment of a promise. The programs and 
     facilities are literally a lifeline for many. This promise on 
     the part of our nation--to care for our veterans in their 
     times of need--cannot be forgotten or abandoned. The move to 
     bring austerity and fiscal responsibility to government 
     spending cannot override the needs of the veterans who now 
     rely on us as we relied on them in our nation's times of 
     need; and
       Whereas, Funding to care for veterans who have suffered 
     grave injuries must not be jeopardized. Veterans bedridden by 
     injuries and dependent on VA health services have every right 
     to the same level of dedication they gave to America in 
     battles to preserve our way of life. To decrease our 
     financial and emotional commitment to these patriots through 
     inadequate care is wrong. Continuing cutbacks in funding and 
     reductions in service and personal care represent a flawed 
     approach to caring for men and women who have earned our 
     lasting gratitude; now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to assure that quality and access to health care for 
     veterans are maintained; 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-395. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     the Federalism Act of 1999; to the Committee on Governmental 
     Affairs.

                        House Resolution No. 233

       Whereas, Under the Supremacy Clause of the United States 
     Constitution, if a Federal law or regulation adopted 
     appropriately pursuant to one of the Federal Government's 
     powers conflicts with state law, then Federal law preempts 
     state law; and
       Whereas, This is as it should be and is as the Framers of 
     the Constitution intended; and
       Whereas, The problem is that the frequency and pace of 
     Federal preemption of state law has, in recent years, 
     increased dramatically; and
       Whereas, Today state and local governments find it 
     increasingly difficult to play their traditional role within 
     our system of constitutional federalism; and
       Whereas, The increasing reliance upon Federal preemption 
     means that the policy jurisdiction of state legislatures and 
     of city and county councils has been lost; and
       Whereas, When states and localities cannot legislate in 
     response to their citizen's needs because the Federal 
     Government has preempted the policy field, then the capacity 
     for regional and local self-government is lost; and
       Whereas, The advantages of federalism are that laws will be 
     adapted to local needs and conditions and will reflect 
     regional and community values and that it allows greater 
     responsiveness and innovation through local self-government; 
     and
       Whereas, The proposed Federalism Act addresses the 
     increasing problem of the preemption of state and local laws 
     by providing Congress with more information about the 
     preemptive impact of legislative proposals, providing a rule 
     of construction urging the courts to limit findings that 
     preemption is implied where in fact there is neither a direct 
     conflict between state and Federal law nor a clear expression 
     by Congress of its intent to preempt and providing for notice 
     and consultation procedures in the Federal administrative 
     process to encourage Federal agencies to take federalism and 
     preemption issues more fully into account in the course of 
     rulemaking; and
       Whereas, Preemption must be limited if we are to enjoy the 
     advantages of federalism which foster policymaking respecting 
     America's diversity and a policymaking process which 
     encourages innovation and responsiveness; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President of the 
     United States and the Congress to support and approve The 
     Federalism Act of 1999; H.R. 2245 (1999), which 
     comprehensively addresses the Federal preemption of state law 
     with ``one-size-fits-all'' national policy; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-396. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     the Individuals with Disabilities Education Act; to the 
     Committee on Appropriations.

                        House Resolution No. 227

       Whereas, The Individuals with Disabilities Education Act 
     (Public Law 91-230, 20 U.S.C. Sec. 1400 et seq.) was first 
     enacted in 1970 as the Education of the Handicapped Act 
     (Public Law 91-230, 84 Stat. 175); and
       Whereas, The Individuals with Disabilities Education Act 
     protects the rights of children with disabilities to be 
     educated in the least restrictive environment through a 
     continuum of appropriate services and placements; and
       Whereas, Beginning in 1996, educators and lawmakers saw 
     congressional reauthorization as an opportunity to make 
     changes, particularly in the area of giving local school 
     districts more flexibility to reduce costs and to discipline 
     disabled students whose misconduct jeopardizes school safety 
     or unreasonably disrupts classroom learning; and
       Whereas, Despite the omnibus changes made during the 1997 
     Individuals with Disabilities Education Act reauthorization, 
     superintendents and local school boards of directors are 
     gravely concerned about potential cost increases related to 
     conforming to the new law and its implementing regulations; 
     and
       Whereas, Added procedural requirements and timelines and 
     operational difficulties may be encountered by school 
     entities in complying with the new law, particularly its very 
     complex and detailed implementing regulations; and
       Whereas, Assuring that appropriate procedural safeguards 
     remain in place for the disabled children is expected to 
     further exacerbate the already high per pupil costs for 
     special education; and
       Whereas, When the Individuals with Disabilities Education 
     Act was created, the Congress of the United States promised 
     to provide 40% of its funding, but the $4 billion 
     appropriated in fiscal year 1997-1998 paid for less than 9% 
     of the program; and
       Whereas, The lack of an adequate and appropriate Federal 
     fiscal commitment leaves State and local taxpayers bearing a 
     disproportionate share of the costs to comply with these 
     Federal mandates; therefore be it
       Resolved, That the House of Representatives memorialize 
     Congress to fully fund its obligations under the Individuals 
     with Disabilities Education Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-397. A petition from a citizen of the State of Texas 
     relative to employment discrimination; to the Committee on 
     Health, Education, Labor, and Pensions.
       POM-398. A resolution adopted by the House of the 
     Legislature of the State of Illinois relative to the attack 
     on Pearl Harbor; to the Committee on the Judiciary.

                        House Resolution No. 440

       Whereas, December 7, 2001 is the 60th anniversary of the 
     sneak attack on Pearl Harbor by the Japanese Navy and Air 
     Forces on December 7, 1941; and
       Whereas, On August 23, 1994, President William J. Clinton 
     signed HJ Res 131 National Pearl Harbor Remembrance Day into 
     law; said PL 103-308 urged all to fly the flag of the United 
     States at half staff to honor all those individuals who died 
     as the result of their service at Pearl Harbor on December 7, 
     1941; and
       Whereas, There were no appropriate ceremonies, activities, 
     or any press releases to the mass media to inform the general 
     public of PL 103-308; therefore, be it
       Resolved, by the House of Representatives of the Ninety-
     First General Assembly of the State of Illinois, that in 
     order to commemorate the 60th anniversary of the attack on 
     Pearl Harbor, we urge the Senate and the House of 
     Representatives of the United States of America to enact 
     legislation requiring all governmental posts to fly the flag 
     of the United States at half staff to honor all those 
     individuals who died as the result of their service at Pearl 
     Harbor on December 7, 1941 and urging all Americans to do 
     likewise; and be it further
       Resolved, That the President of the United States issue a 
     proclamation and press releases to all mass media about PL 
     103-308 and the aforementioned legislation so that the 
     general public will know of same; and be it further
       Resolved, That suitable copies of this resolution be 
     forwarded to the President of the United States, the 
     President pro tempore of the United States Senate, the 
     Speaker of the United States House of Representatives, and to 
     each member of the Illinois congressional delegation.
                                  ____

       POM-399. A resolution adopted by the Board of Commissioners 
     of the Borough of Beach Haven relative to the dredging of the 
     Brooklyn Marine Terminal and the disposal of dredge materials 
     at the Mud Dump Site; to the Committee on Environment and 
     Public Works.

                          ____________________