[Congressional Record Volume 147, Number 103 (Monday, July 23, 2001)]
[Senate]
[Pages S8062-S8064]
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-139. A resolution adopted by the National Black Chamber 
     of Commerce, Inc. relative to energy; to the Committee on 
     Energy and Natural Resources.
       POM-140. a resolution adopted by the City Council of Berea, 
     Ohio relative to the Domestic Steel Industry; to the 
     Committee on Finance.
       POM-141. A petition presented by the Council on 
     Administrative Rights entitled ``Reaffirm America''; to the 
     Committee on Finance.
       POM-142. A concurrent resolution adopted by the House of 
     the Legislature of the State of New Hampshire relative to the 
     Individuals with disabilities Education Act; to the Committee 
     on Health, Education, Labor, and Pensions.

                     House Concurrent Resolution 13

       Whereas, since its enactment in 1975, the Individuals with 
     Disabilities Education Act (IDEA) has helped millions of 
     children with special needs to receive a quality education 
     and to develop to their full capacities; and
       Whereas, the IDEA has moved children with disabilities out 
     of institutions and into public school classrooms with their 
     peers; and
       Whereas, the IDEA has helped break down stereotypes and 
     ignorance about people with disabilities, improving the 
     quality of life and economic opportunity for millions of 
     Americans; and
       Whereas, when the federal government enacted the 
     Individuals with Disabilities Education act, it promised to 
     fund up to 40 percent of the average per pupil expenditure in 
     public elementary and secondary schools in the United States; 
     and
       Whereas, the federal government currently funds, on 
     average, less than 14 percent of the average per pupil 
     expenditure in public elementary and secondary schools in the 
     United States; and
       Whereas, local school districts and state government end up 
     bearing the largest share of the cost of special education 
     services; and
       Whereas, the federal government's failure to adequately 
     fulfill its responsibility to special needs children 
     undermines public support for special education and creates 
     hardship for disabled children and their families; now, 
     therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring;
       That the New Hampshire general court urges the President 
     and the Congress, prior to spending any surplus in the 
     federal budget, to fund 40 percent of the average per pupil 
     expenditure in public elementary and secondary schools in the 
     United States as promised under the Individuals with 
     Disabilities Education Act to ensure that all children, 
     regardless of disability, receive a quality education and are 
     treated with the dignity and respect they deserve; and
       That copies of this resolution be forwarded by the house 
     clerk to the President of the United States, the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, and the members of the New 
     Hampshire congressional delegation.
                                  ____

       POM-143. A concurrent resolution adopted by the House of 
     the Legislature of the State of New Hampshire relative to 
     authorizing greater state regulation of gas pipelines 
     carrying other hazardous substances; to the Committee on 
     Commerce, Science, and Transportation.

                     House Concurrent Resolution 12

       Whereas, ensuring the safety of citizens residing near 
     pipelines carrying hazardous substances and protecting the 
     surrounding environment from the deleterious effects of 
     pipeline spills are vital state and local responsibilities, 
     yet the federal government is responsible for the oversight 
     of interstate pipelines; and
       Whereas, several significant pipeline spills have occurred 
     in other parts of the nation in recent years, including a 
     major petroleum spill in Bellingham, Washington, resulting in 
     a fire which killed 3 people and destroyed much of a city 
     park; and
       Whereas, Washington governor Gary Locke thereafter formed a 
     study team of local and state fuel accident response 
     agencies, which in the course of numerous meetings, 
     briefings, and public hearings learned that current federal 
     oversight of pipeline safety is inadequate in many respects; 
     and
       Whereas, the state of Washington is providing an example of 
     how oversight of pipeline safety can be effectively 
     accomplished at the state level by developing a strong, 
     coordinated program of state and local oversight of pipeline 
     safety that will be well integrated with concurrent federal 
     oversight; and
       Whereas, such state programs cannot be fully implemented 
     without action by the Congress and the President to modify 
     existing statutes and provide necessary administrative and 
     budgetary support; now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring:
       That Congress enact legislation amending the federal 
     Pipeline Safety Act (49 U.S.C. Section 60101, et seq.) to 
     allow states to adopt and enforce standards stricter than 
     federal standards where to do so would not interfere with 
     interstate commerce; and
       That such act be further amended to allow states at their 
     option to seek authority to administer and enforce federal 
     pipeline safety standards; and
       That as an interim measure pending congressional 
     consideration of such legislative enactments the President 
     direct the federal Office of Pipeline Safety to grant 
     authority to states that qualify to enforce federal 
     standards; and
       That Congress increase funding to assist states in 
     responding to pipeline accident emergencies, to implement 
     pipeline safety measures, to support states with delegated 
     authority to enforce federal standards, and to the Office of 
     Pipeline Safety for additional research and development of 
     technologies for testing, leak detection, and oversight 
     operations; and
       That the clerk of the New Hampshire house of 
     representatives forward copies of this resolution to the 
     President of the United States, the Secretary of the United 
     States Department of Transportation, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and to the members of the New Hampshire 
     congressional delegation.
                                  ____

       POM-144. A concurrent resolution adopted by the House of 
     the Legislature of the State of New Hampshire relative to 
     allowing military retirees to receive service-connected 
     disability compensation benefits without requiring them to 
     waive an equal amount of retirement pay; to the Committee on 
     Armed Services.

                     House Concurrent Resolution 1

       Whereas, American servicemen and women have dedicated their 
     careers to protecting the rights we all enjoy; and
       Whereas, military personnel endure hardships, the threat of 
     death and disability, and long separation from their families 
     in service to their country; and
       Whereas, career military personnel accrue retirement pay 
     based on longevity of service and rank at retirement; and
       Whereas, service-connected disability pay serves a 
     different purpose from longevity retirement pay and is 
     intended to compensate military personnel for pain, 
     suffering, disfigurement, and impaired earning ability to due 
     to disability; and
       Whereas, under a 19th century law that is still in effect, 
     military retirees are denied concurrent receipt of full 
     retirement pay and service-connected disability compensation 
     benefits. They must choose receipt of one or the other or 
     waive an amount of retirement pay equal to the amount of 
     disability compensation; and
       Whereas, no other federal employees face a reduction in 
     civil service retirement benefits if they also receive 
     compensation for a service-connected disability; and
       Whereas, federal legislation has been introduced to amend 
     Title 38 of the U.S. Code to treat career military retirees 
     like other federal retirees and permit them to receive 
     service-connected disability compensation without requiring a 
     concurrent deduction from retirement pay; and
       Whereas, it is fundamentally unfair to require military 
     veterans to essentially fund their own disability 
     compensation by offsetting it against retirement benefits 
     earned in service to their country; now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring:
       That the general court of New Hampshire hereby urges the 
     United States Congress to

[[Page S8063]]

     enact legislation to allow disabled, military retirees to 
     receive service-connected disability compensation benefits 
     without requiring them to waive an equal amount of retirement 
     pay; and
       That copies of this resolution be sent by the house clerk 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, the chairpersons of committees of the 
     United States Congress having jurisdiction over Veterans 
     Affairs, the Secretary of Defense; and each member of the New 
     Hampshire congressional delegation.
                                  ____

       POM-145. A concurrent resolution adopted by the House of 
     the Legislature of the State of New Hampshire relative to 
     supporting the electoral college; to the Committee on the 
     Judiciary.
                                  ____


                     House Concurrent Resolution 10

       Whereas, the President of the United States has been 
     elected by the electoral college since the adoption of the 
     Constitution; and
       Whereas, the electoral college promotes moderation in the 
     political process by encouraging the consideration of varying 
     perspectives and discouraging the exclusion of minorities of 
     all types, including geographic and philosophical minorities; 
     and
       Whereas, the electoral college preserves and recognizes the 
     importance of states as states; and
       Whereas, the electoral college promotes the separation of 
     powers, without which a federal system of government cannot 
     successfully function; and
       Whereas, the constitutional concepts of the electoral 
     college, the bicameral legislature, and the nonelective 
     judiciary serve to articulate the superiority of fundamental 
     rights over majoritarianism; and
       Whereas, the abolition of the electoral college necessarily 
     entails the abandonment of a constitutionally-enshrined and 
     historically-tested system in favor of an uncertain 
     alternative requiring federal control of the electoral 
     process; now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring:
       That the preservation of the electoral college is in the 
     best interests of this nation and all of its citizens; and
       That any attempt to amend the Constitution to abolish the 
     electoral college should be defeated; and
       That the clerk of the New Hampshire house of 
     representatives forward copies of this resolution to the 
     Speaker of the United States House of Representatives, the 
     President of the United States Senate, and to the members of 
     the New Hampshire congressional delegation.
                                  ____

       POM-146. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to expanding eligibility 
     for membership in the American Legion; to the Committee on 
     the Judiciary.

                        House Joint Resolution 1

       Whereas, membership in the American Legion is restricted to 
     veterans who served during certain periods set by Congress of 
     wartime service; and
       Whereas, membership in the American Legion is declining; 
     and
       Whereas, many otherwise qualified veterans are prevented 
     from joining the American Legion due to the restrictions on 
     dates of service; now, therefore, be it
       Resolved by the Senate and House of Representatives in 
     General Court convened:
       That the general court of the state of New Hampshire hereby 
     urges Congress to expand membership in the American Legion to 
     include all veterans with records of honorable, active duty 
     service in the United States Armed Forces, regardless of 
     dates of service; and
       That copies of this resolution shall be forwarded by the 
     house clerk to the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and to each member of the New Hampshire congressional 
     delegation.
                                  ____

       POM-147. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     insurance coverage for loss, damage, or diminution in value 
     to property caused by drought; to the Committee on Banking, 
     Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 140

       Whereas, drought is a complex physical and social 
     phenomenon of widespread significance; and
       Whereas, drought damage is unforeseenable and not 
     immediately identifiable; and
       Whereas, the ongoing drought in some parts of the country 
     has an adverse impact on the economic growth; and
       Whereas, many insurers will not recognize damages to 
     property caused by varied climatic conditions, lack of 
     precipitation for extended periods of time being just one 
     example; and
       Whereas, many homeowner insurers do not recognize 
     structural damage caused by foundation shifts due to 
     adjustments in subsurface water levels as covered under their 
     respective policy provisions or within the policy definition 
     as an ``Act of God''; and
       Whereas, millions of homeowners are forced to bear the 
     financial burden to repair homes for damage caused by natural 
     circumstances beyond their conrol but for which homeowner 
     insurance policies should protect against: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to study the feasibility of 
     insurance coverage for loss, damage, or diminution in value 
     to property caused by drought: Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-148. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to the pending 
     charter boat moratorium in the Gulf of Mexico; to the 
     Committee on Commerce, Science, and Transportation.

                        Senate Resolution No. 50

       Whereas, the charter fishing industry in Louisiana is in 
     its infancy but has begun a period of healthy growth which 
     can only be beneficial to the state's overall economic 
     development and the capture of tourist dollars; and
       Whereas, the Gulf States Fishery Management Council voted 
     this spring to send to the National Marine Fisheries Service 
     a recommendation for a three-year moratorium on the issuance 
     of new charter vessel permits for reef and coastal migratory 
     pelagic fishing; and
       Whereas, the genesis of the recommended moratorium was 
     concern about the area of the Gulf of Mexico near Florida 
     where the charter industry is much more mature, much more 
     widespread, and has created a situation where there are too 
     many boats with too many fishermen competing for too few 
     fish; and
       Whereas, the charter industry in Louisiana exists in a 
     significantly different environment, one where there is not 
     an overabundance of permitted charter boat captains and where 
     there is an abundance of habitat and fish which should result 
     in a productive charter industry; and
       Whereas, a productive and expanding charter industry would 
     be of great benefit to the economic health of the state, a 
     benefit that would be denied the state of Louisiana if the 
     moratorium were adopted and new charter captains would not be 
     eligible for permitting. Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby memorialize the Louisiana Congressional 
     delegation and the United States Congress to express its 
     desire to the National Marine Fisheries Service that the 
     pending charter boat moratorium in the Gulf of Mexico not be 
     implemented. Be it further
       Resolved, That if a moratorium is considered by the 
     National Marine Fisheries Service, that the moratorium be 
     limited to the eastern Gulf of Mexico with an authorization 
     for continued expansion of the industry in the western Gulf 
     of Mexico where there are no issues of overcrowding. Be it 
     further
       Resolved, That a copy of this Resolution be forwarded to 
     each member of the Louisiana Congressional delegation and to 
     the presiding officers of the United States House of 
     Representatives and the United States Senate.
                                  ____

       POM-149. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to the Outer 
     Continental Shelf oil and gas lease sales in the Gulf of 
     Mexico; to the Committee on Energy and Natural Resources.

                        Senate Resolution No. 76

       Whereas, it has been almost four years since the 
     environmental impact statement was prepared for the Oil and 
     Gas Lease Sales 169, 172, 175, 178, and 182 in the Gulf of 
     Mexico; and
       Whereas, as a result of public testimony in response to 
     that environmental impact statement, there was recognition of 
     the significant impact which will be felt relative to the 
     infrastructure in offshore activity focal points such as Port 
     Fourchon and LA Highway 1 through the parish of Lafourche; 
     and
       Whereas, at the present time, 40 of the 45 deep water rigs 
     working in the Gulf of Mexico are being serviced through Port 
     Fourchon, as are many of the rigs located on the Outer 
     Continental Shelf, with the accompanying increase in land 
     traffic and inland waterway traffic, all primarily through 
     the parish of Lafourche; and
       Whereas, efforts have so far failed to develop plans to 
     mitigate these present and well-documented impacts while 
     efforts to increase the number of leases in the Gulf of 
     Mexico continue with no apparent effort to provide mitigation 
     for current or increased impacts. Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby memorialize the Congress of the United States to 
     direct the Minerals Management Service of the United States 
     Department of the Interior to develop a plan for impact 
     mitigation relative to the Outer Continental Shelf oil and 
     gas lease sales in the Gulf of Mexico. Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the secretary of the United States Senate, the clerk of the 
     United States House of Representatives, to each member of the 
     Louisiana Congressional delegation, and to the director of 
     the Minerals Management Service.

[[Page S8064]]

     
                                  ____
       POM-150. A resolution adopted by the Senate of the State of 
     Louisiana relative to repealing mandatory minimum sentences; 
     to the Committee on the Judiciary.

                        Senate Resolution No. 75

       Whereas, the rising cost of incarceration at all levels is 
     placing an increased fiscal burden on state and local 
     governments; and
       Whereas, studies continue to indicate that incarceration is 
     not always the answer or the cure-all for crime and its 
     consequences in the nation; and
       Whereas, alternatives to incarceration, such as pre-trial 
     intervention programs, drug courts, and restorative justice, 
     are proving to be more effective in rehabilitation of 
     offenders as well as in lowering incidents of recidivism; and
       Whereas, only through rehabilitation, educational 
     opportunities, and re-entry and acceptance into the community 
     can an offender make the transition from societal dropout to 
     community contributor; and
       Whereas, each offense and each offender's potential must be 
     judged individually by the court system to determine, within 
     statutory guidelines, the consequence which will be most 
     beneficial to society; and
       Whereas, realizing the expense and the limitations placed 
     on sentencing options by minimum mandatory sentencing, the 
     state of Louisiana has removed minimum mandatory sentencing 
     for non-violent crimes in the state through passage of Senate 
     Bill 239 during the 2001 Regular Session; and
       Whereas, the repeal of mandatory minimum sentencing on a 
     national level is necessary to fully address the issue. 
     Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     memorializes the Congress of the United States to repeal 
     mandatory minimum sentences. Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-151. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to the 
     problem of sexual trafficking; to the Committee on the 
     Judiciary.

                  Senate Concurrent Resolution No. 29

       Whereas, recent headlines have called greater attention to 
     the widespread and growing problem of sexual trafficking in 
     the United States and worldwide; and
       Whereas, the selling of young women into sexual slavery is 
     one of the fastest growing criminal enterprises in our global 
     economy with an estimated 45,000 to 50,000 women and children 
     trafficked annually to the United States for ``the sex 
     industry and for labor,'' according to a report by the Center 
     for the Study of Intelligence; and
       Whereas, victims have traditionally come from Southeast 
     Asia and Latin America, the trade has been expanded so that 
     victims are increasingly coming from Central and Eastern 
     Europe; and
       Whereas, traffickers lure desperately poor young women and 
     their families with false promises of money, jobs, and better 
     opportunities abroad and once in the United States, women 
     find themselves trapped into forced prostitution without 
     money or legal help to escape; and
       Whereas, women also are trafficked for forced domestic and 
     sweatshop labor, which often involves sexual violence and 
     exploitation as well; and
       Whereas, trafficking victims suffer extreme physical and 
     mental abuse, including rape, imprisonment, forced abortions, 
     and physical brutality, and they also face an enormous risk 
     of HIV infection from male ``customers'' who seek younger and 
     younger girls for sexual exploitation; and
       Whereas, as in many countries, existing United States laws 
     are inadequate to punish traffickers or to protect and assist 
     the women and girls who are their prey. Therefore, be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the Congress of the United States to address the 
     problem of sexual trafficking and to support the bipartisan 
     federal initiatives to prosecute traffickers and assist 
     victimized women and girls. Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.

                          ____________________