[Congressional Record Volume 148, Number 109 (Tuesday, September 3, 2002)]
[Senate]
[Pages S8084-S8091]
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-279. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     designating the September 11, 2001, United Airlines Flight 93 
     crash site in Somerset County, Pennsylvania, as a National 
     Historic Battlefield; to the Committee on Energy and Natural 
     Resources.

                        House Resolution No. 455

       Whereas, The 40 innocent civilian passengers and crew of 
     United Airlines Flight 93 were viciously attacked by hostile 
     foreign terrorists; and
       Whereas, Suicide hijackers used the airliner as an 
     instrument of terror and mass destruction against the people 
     and property of the United States; and
       Whereas, Certain passengers and crew, after communicating 
     with loved ones and authorities on the ground, heroically 
     resisted the terrorists in an effort to regain control of 
     United Airlines Flight 93; and
       Whereas, The insurrection by these innocents and their 
     ultimate sacrifice preempted further catastrophic destruction 
     and loss of life on September 11, 2001; and
       Whereas, Pennsylvania soil was again consecrated that day 
     as our nation entered the war against terrorism; therefore be 
     it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania petition the Congress of the 
     United States to enact legislation designating the September 
     11, 2001, United Airlines Flight 93 crash site in Somerest 
     County, Pennsylvania, as a National Historic Battlefield; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each House of Congress, to the 
     members of Congress from Pennsylvania and to Governor Mark S. 
     Schweiker.
                                  ____

       POM-280. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     Yucca Mountain, Nevada; to the Committee on Energy and 
     Natural Resources.

                        House Resolution No. 454

       Whereas, In order to secure a safe and prosperous future 
     for its citizens, the Commonwealth of Pennsylvania must 
     maintain a broad portfolio of energy supply options to hedge 
     against fuel price fluctuations, fuel shortages and import 
     disruptions; and
       Whereas, Pennsylvania's nine nuclear power reactors have 
     proven to be reliable sources of electricity to Pennsylvania 
     citizens and businesses, producing 36% of the electricity 
     generated in the Commonwealth of Pennsylvania; and
       Whereas, Nuclear power prevents the release of millions of 
     tons of air pollutants and greenhouse gasses, thus being 
     critical for compliance with air quality laws and 
     regulations; and
       Whereas, Congress enacted the Nuclear Waste Policy Act of 
     1982 and directed the Department of Energy to establish a 
     program for the management of the nation's high-level waste, 
     including used nuclear fuel, and for its permanent disposal 
     in a deep geologic repository; and
       Whereas, More than $7 billion has been spent on scientific 
     testing and studies of Yucca-Mountain, Nevada, showing that 
     the proposed site is an ideal repository to safely contain 
     the nation's used nuclear fuel, with a capacity sufficient to 
     meet all foreseeable storage needs; and
       Whereas, Studies of Yucca Mountain have yielded the 
     scientific information necessary for a decision by the United 
     States Secretary of Energy that there are no technical or 
     scientific issues to prevent Yucca Mountain from serving as a 
     permanent repository and clearly support the recommendation 
     by the Secretary to the President of the United States to 
     proceed on licensing a permanent repository at Yucca 
     Mountain; and
       Whereas, Since 1983, consumers of electricity from the 
     Commonwealth of Pennsylvania have committed nearly $1.5 
     billion to the Federal Nuclear Waste Fund to finance site 
     assessment and nuclear waste management; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge Congress to sustain the 
     President's affirmative decision on Yucca Mountain's 
     suitability as a permanent Federal repository for used 
     nuclear fuel; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President and Vice President of the United States, to be 
     Speaker of the United States House of Representatives, to 
     each member of Congress from Pennsylvania and to the United 
     States Secretary of Energy.

[[Page S8085]]

     
                                  ____
       POM-281. A resolution adopted by the East Hampton Town 
     Board, East Hampton, New York Relative to Millstone II 
     nuclear power facility in Connecticut; to the Committee on 
     Environment and Public Works.
                                  ____

       POM-282. A resolution adopted by the Town Board of New 
     Castle, New York relative to Indian Point Nuclear Power 
     Station; to the Committee on Environment and Public Works.
                                  ____

       POM-283. A resolution adopted by the Town Board of New 
     Castle, New York relative to converting Indian Points II and 
     III from nuclear energy to natural gas or other non-nuclear 
     fuel; to the Committee on Environment and Public Works.
                                  ____

       POM-284. A resolution adopted by the Town Board of New 
     Castle, New York relative to Indian Point Power Station; to 
     the Committee on Environment and Public Works.
                                  ____

       POM-285. A Senate joint resolution adopted by the General 
     Assembly of the State of Tennessee relative to the Y-12 
     National Security Complex in Oak Ridge, Tennessee; to the 
     Committee on Armed Services.
       Whereas, the Y-12 National Security Complex in Oak Ridge, 
     Tennessee is a highly valuable resource to this state and the 
     nation, performing work of a delicate nature with extreme 
     precision and employing uniquely skilled and dedicated 
     professionals who have committed themselves to important 
     national security and scientific endeavors; and
       Whereas, the Y-12 Plant, in conjunction with the Oak Ridge 
     National Laboratory and other federal facilities in Oak 
     Ridge, has developed into an economic development engine, 
     spinning off new businesses and serving as a testing ground 
     for new technologies; and
       Whereas, the Work for Others Program has brought many 
     federal contracts to Oak Ridge, allowing Y-12 employees to 
     update and hone their skills while producing materials for 
     the U.S. Department of Defense and the U.S. Navy, among 
     others; and
       Whereas, the nation's nuclear defense policy is dependent 
     upon Y-12's ability to safely and securely maintain the 
     stockpile of nuclear materials and to preserve the now 
     fragile capabilities of the plant; and
       Whereas, Y-12 employees have skills in the safe management 
     and handling of nuclear materials that are unduplicated 
     anywhere in the world; these skills have been gained over 
     long periods of employment and training and must be passed on 
     to a new generation of highly educated and skilled workers; 
     and
       Whereas, while the site managers have been able to restart 
     many operations that had previously been suspended, the 
     continued safe disarmament and storage of weapons being 
     removed from the national nuclear stockpile depend upon Y-
     12's revitalization; and
       Whereas, many of the facilities at the plant were built 
     during the development of the Manhattan Project, and much of 
     the equipment is more expensive to maintain than operate; the 
     employees of the 21st century require advanced machinery; and
       Whereas, modernizing facilities and equipment will better 
     equip the plant's employees to meet and adjust to the demands 
     of the 21st century and the U.S. Department of Energy, to 
     attract more and different kinds of private-sector work, and 
     to support and encourage new, private-sector economic 
     development and scientific advancement; and
       Whereas, the safety of Y-12's employees and the 
     environmental security of the region depend on Y-12's having 
     facilities that meet the current safety requirements of the 
     federal government; Now, therefore,
       Be it resolved by the Senate of the One Hundred Second 
     General Assembly of the State of Tennessee, the House of 
     Representatives Concurring, That this General Assembly hereby 
     urges the United States Congress and the President of the 
     United States to fully fund the facilities modernization of 
     the Y-12 Plant in the Fiscal Year 2003 federal budget; and be 
     it further
       Resolved, That enrolled copies of this resolution be 
     transmitted to the Honorable George W. Bush, President of the 
     United States of America; the President and the Secretary of 
     the United States Senate; the Speaker and the Clerk of the 
     United States House of Representatives; and to each member of 
     Tennessee's Congressional Delegation.
                                  ____

       POM-286. A joint resolution adopted by the Assembly of the 
     State of California relative to social health maintenance 
     organizations; to the Committee on Finance.

                    Assembly Joint Resolution No. 27

       Whereas, Government spending for nursing homes, home health 
     care, and prescription drugs is rising at a rate of almost 10 
     percent a year, faster than the overall medical health care 
     inflation rate of 4.3 percent for November 2000; and
       Whereas, the growth of long-term care expenditures, 
     estimated at 2.6 percent nationally on an annual basis 
     coupled with the growing number of older Americans, will 
     significantly increase costs to the nation's Medicaid and 
     Medicare programs; and
       Whereas, innovative and cost-effective models of care are 
     needed to address the needs of aging Americans; and
       Whereas, in the federal Deficit Reduction Act of 1984, 
     Congress mandated the social health maintenance organization 
     (social HMO) demonstration, which has since benefited over 
     125,000 individuals; and
       Whereas, the social HMO demonstration has been reinforced 
     and expanded by Congress in 1987, 1990, 1993, 1997, and 1999; 
     and
       Whereas, the social HMO is a community-based appraoch to 
     integrating acute and long-term care for older Americans; and
       Whereas, the primary purpose of the social HMO is to 
     finance, provide, and coordinate additional services as an 
     extension of benefits covered by Medicare and Medicaid, 
     thereby helping frail seniors live safely in their own homes 
     and avoid costly skilled nursing home placement; and
       Whereas, the social HMO targets individuals at risk for 
     nursing home placement and chronic illnesses; and
       Whereas, the social HMO supplements the standard benefits 
     required of Medicare+Choice with essential benefits, 
     including geriatric-specific case management, adult day care, 
     personal care, homemaker services, nutrition support, and 
     medication management; and
       Whereas, sixty-eight percent of nursing home costs are 
     financed by Medicaid, avoiding or delaying longer nursing 
     home stays and directly saving federal and state funds, by 
     reducing Medicaid nursing home expenditures; and
       Whereas, California has 3.3 million residents aged 65 years 
     and older, and is home to the largest elderly population in 
     the country; and
       Whereas, the number of California aged 60 years and older 
     is projected to grow 154 percent over the next 40 years; and
       Whereas, the fastest growing population group in California 
     is aged 85 years and older; and
       Whereas, only one social HMO exists in California, serving 
     over 48,000 seniors, of which 10,300 are eligible for nursing 
     home placement; and
       Whereas, the Senior Care Action Network (SCAN), the only 
     social HMO in California, has been able to maintain these 
     skilled nursing home-certifiable seniors in their own homes 
     by providing home and community-based programs and services; 
     and
       Whereas, SCAN members are 53 percent less likely than their 
     counterparts in other health care programs to have a long 
     nursing home stay; and
       Whereas, SCAN offers financial savings and security to 
     older adults, their families, and taxpayers by alleviating 
     anxiety about exhausting personal savings for long-term care 
     by providing a benefit package that includes in-home 
     services; and
       Whereas, the permanency of the social HMO as a benefit 
     option under the Medicare+Choice program will allow 
     organizations like SCAN to provide comprehensive services to 
     seniors anywhere in the nation; and
       Whereas, the social HMO will serve as a national model of 
     cost-effective care that provides older Americans with 
     greater health, independence, and dignity; now, therefore, be 
     it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California hereby urges the President and Congress of the 
     United States, the federal Department of Health and Human 
     Services, and the Centers for Medicare and Medicaid Services 
     to do all of the following:
       (a) Affirm the intent of the social HMO program to provide 
     services for frail and chronically ill seniors.
       (b) Fully support the transition of the social HMO 
     demonstration into a permanent benefit option as part of 
     Medicare+Choice.
       (c) Include Medicaid beneficiaries in the social HMO 
     Medicare+Choice option.
       (d) Allow the social HMO option to offer comprehensive 
     services in addition to fundamental Medicare benefits.
       (e) Approve and support a payment methodology needed for 
     the advanced care for the nation's frail and chronically ill 
     elderly; 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, the Speaker of the House of 
     Representatives, the United States Secretary of Health and 
     Human Services, the Administrator of the Centers for Medicare 
     and Medicaid Services, and to each Senator and Representative 
     from California in the Congress of the United States.
                                  ____

       POM-287. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to asbestos; 
     to the Committee on the Judiciary.

                        Senate Resolution No. 58

       Whereas, asbestos, a mineral processed and used in 
     thousands of construction and consumer products, is a 
     dangerous substance and has caused thousands of people to 
     develop serious and often fatal diseases and cancers; and
       Whereas, millions of workers have been exposed to asbestos, 
     and the economic toll resulting from litigation related to 
     exposure to asbestos could run into the hundreds of billions 
     of dollars; and
       Whereas, many companies, in order to avoid bankruptcy and 
     to compensate victims with manifest injuries, have attempted 
     to set aside sufficient resources to compensate the victims 
     with manifest injuries from exposure to asbestos; and
       Whereas, the new claims brought are resulting in a 
     depletion of the funds available to compensate those victims 
     who have manifested serious injuries and who are in desperate 
     need of compensation; and
       Whereas, the United States Supreme Court noted in Ortiz v. 
     Fibreboard Corp., 527 U.S.

[[Page S8086]]

     815, 144 L Ed 2nd 715, 110 S Ct 2295 (1999) and Amchem 
     Products, Inc. v. Windsor, 521 U.S. 591, 138 L Ed 2d, 117 S 
     Ct 2231 (1997) that federal and state courts have been 
     inundated by an elephantine mass of asbestos cases that 
     defies customary judicial administration and calls for 
     national legislation; and
       Whereas, as the United States Supreme Court noted in 
     Amchem, the United States Judicial Conference Ad Hoc 
     Committee on Asbestos Litigation in its report of March, 1991 
     specifically concluded that real reform to the asbestos-
     litigation problem required federal legislation creating a 
     national asbestos dispute-resolution scheme and, as 
     recommended by the Ad Hoc Committee, the Judicial Conference 
     of the United States urged Congress to act: Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby memorialize the United States Congress to enact 
     legislation to ensure that deserving victims of asbestos 
     exposure receive compensation for their injuries; be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-288. A resolution adopted by the Legislature of the 
     State of Louisiana relative to constructing a long range 
     economic development for Louisiana focused on the utility, 
     communications, and transportation; to the Committee on 
     Environment and Public Works.

                        Senate Resolution No. 62

       Whereas, the recently completed 2002 First Extraordinary 
     Session of the legislature focused on various improvements to 
     spur economic development in Louisiana; and
       Whereas, the special session successfully integrated the 
     state's economic development blueprint, Vision: 2020, with 
     the recent reorganization of the Department of Economic 
     Development; and
       Whereas, despite the many accomplishments of the special 
     session, there remain many areas that should be examined to 
     ensure continued economic development in the state; and
       Whereas, there has been demonstrated a need to construct a 
     long range, strategic plan for future economic development of 
     the utility communication, and transportation industry in 
     Louisiana; and
       Whereas, it is necessary to blend this long range, 
     strategic plan for future economic development of the 
     utility, communication, and transportation industry into the 
     state's overall economic development plan, Vision: 2020, 
     along with federal initiatives in this area; and
       Whereas, in order to accomplish this significant goal, it 
     will be necessary to convene a summit meeting of the 
     governor, the Louisiana congressional delegation, the 
     president of the Senate, the speaker of the House of 
     Representatives, the members of the Public Service 
     Commission, and the secretary of the Department of Economic 
     Development to coordinate a strategic plan for future 
     economic development of the utility, communication, and 
     transportation industry in Louisiana.
       Therefore, be it resolved, That the Senate of Legislature 
     of Louisiana hereby urges and requests the governor, the 
     Louisiana congressional delegation, the president of the 
     Senate, the speaker of the House of Representatives, the 
     members of the Public Service Commission, and the secretary 
     of the Department of Economic Development to convene a summit 
     meeting to discuss a long range, strategic plan for future 
     economic development of the utility, communication, and 
     transportation industry in Louisiana.
       Be it further resolved, That a copy of this Resolution be 
     transmitted to the governor, the Louisiana congressional 
     delegation, the president of the Senate, the speaker of the 
     House of Representatives, the members of the Public Service 
     Commission, and the secretary of the Department of Economic 
     Department.
                                  ____

       POM-289. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Delaware River Channel Deepening Project; to the Committee on 
     Environment and Public Works.

                               Resolution

       Whereas, The Delaware River has, since the inception of the 
     Commonwealth of Pennsylvania, been a vital artery of commerce 
     and trade; and
       Whereas, It is the longstanding policy of the Commonwealth 
     of Pennsylvania to encourage waterborne commerce and to 
     support the development and competitiveness of the Port of 
     Philadelphia; and
       Whereas, It is essential that the Delaware River navigation 
     channel be deepened to 45 feet in order to accommodate larger 
     steamship vessels and future growth; and
       Whereas, The United States Government, acting through the 
     Congress of the United States and the Army Corps of 
     Engineers, has authorized a public works project that will 
     deepen the navigation channel of the Delaware River to 45 
     feet; and
       Whereas, The Delaware River Channel Deepening Project is 
     enthusiastically supported by every organization and labor 
     union whose livelihood depends on a healthy and vibrant 
     seaport; and
       Whereas, It is essential that this extraordinarily 
     important public works project proceed without interruption; 
     Therefore be it
       Resolved, (the House of Representatives concurring), That 
     the General Assembly of the Commonwealth of Pennsylvania 
     reaffirm its support for the Delaware River Channel Deepening 
     Project and urge the Congress and the Army Corps of Engineers 
     to take all necessary steps to assure its successful and 
     prompt completion; 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-290. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative natural 
     gas; to the Committee on Finance.

                               Resolution

       Whereas, In 1979 total United States energy consumption 
     increased steadily from the end of World War II, reaching 81 
     quadrillion Btu's (quads); and
       Whereas, After the oil shocks of the 1970s, energy 
     consumption declined to 73 quads by 1983; and
       Whereas, Reasonably priced natural gas and other forms of 
     energy played a crucial role in expanding our economy and 
     will be critical for future economic growth; and
       Whereas, The Gas Technology Institute (GTI) projects total 
     energy demand growing to 118 quads annually during the next 
     15 years; and
       Whereas, Natural gas currently provides approximately 23% 
     of our nation's energy needs; and
       Whereas, Gas use must increase continually to meet an 
     expanding economy; and
       Whereas, Increased use of natural gas can decrease our 
     dependence on foreign energy, mitigate greenhouse emissions, 
     improve our economy and provide consumers with a better 
     quality of life; and
       Whereas, Nonconventional gas resources currently provide 
     about 26% of gas production in the United States; and
       Whereas, Nonconventional resources such as tight gas sands, 
     coalbed methane and Devonian shale, are technologically 
     challenging and require support for economic production; and
       Whereas, Although the country holds a large natural gas 
     resource base, natural gas is being limited in its use by 
     Federal and State regulations; and
       Whereas, There are large resources of undeveloped 
     nonconventional gas resources that remain too difficult to 
     develop and will only be produced with ongoing incentives; 
     and
       Whereas, The current tax credit for producing fuel from a 
     nonconventional source under section 29 of the Internal 
     Revenue Code of 1986 will expire in 2002; and
       Whereas, This expiration will disrupt the ongoing progress 
     in developing nonconventional gas resources at a time when 
     the gas consumer, United States economy and our environment 
     need these resources most; and
       Whereas, The only short-term solution that reduces costs 
     and avoids switching to less desirable energy resources is to 
     increase the natural gas supply; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge Congress to take all the necessary steps to 
     extend the tax credit under section 29 of the Internal 
     Revenue Code of 1986 to continue to provide for a reliable, 
     fair-priced supply of natural gas to United States gas 
     consumers; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officer of each house of Congress, to each 
     member of Congress from Pennsylvania, to the Finance 
     Committee of the United States Senate and to the Ways and 
     Means Committee of the United States House of 
     Representatives.
                                  ____

       POM-291. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Fair Credit Reporting Act; to the Committee on Banking, 
     Housing, and Urban Affairs.

                               Resolution

       Whereas, Identity theft is the fastest-growing crime in the 
     United States, expanding at a rate of 50% per year; and
       Whereas, Every 79 seconds an identity is stolen; and
       Whereas, Approximately one out of every five Americans or a 
     member of the family has been victimized by identity theft; 
     and
       Whereas, Every year more than 400,000 Americans are robbed 
     of their identities and suffer losses of more than $2 
     billion; and
       Whereas, More than 1,000 people a day in the United States 
     fall victim to crimes of stolen identity; and
       Whereas, Victims spend anywhere from six months to two 
     years recovering from identity theft; and
       Whereas, On average, victims spend 175 hours and $808 in 
     out-of-pocket expenses to clear their names; and
       Whereas, Experts report that most victims do not realize 
     that a theft has occurred for months or years afterward; and
       Whereas, To protect consumer privacy, the Congress of the 
     United States enacted the Fair Credit Reporting Act (FCRA); 
     and
       Whereas, The FCRA requires all credit reporting agencies to 
     maintain reasonable procedures designed to assure maximum 
     possible accuracy of the information contained in credit 
     reports; and
       Whereas, A private right of action allows injured consumers 
     to recover any actual damages caused by negligent violations 
     and both actual and punitive damages for willful 
     noncompliance; and

[[Page S8087]]

       Whereas, The Supreme Court ruled unanimously in TRW, Inc. 
     v. Andrews that the two-year deadline to sue companies which 
     collect or spread bad information begins when the credit 
     agency reports erroneous information and not when the victim 
     discovers the fraud; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize Congress to amend the Fair Credit 
     Reporting Act to permit victims of identity theft to bring 
     suit any time within two years of the victim's discovery of 
     the fraud; 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-292. A Senate concurrent resolution adopted by the 
     Legislature of the State of Michigan relative to Federal 
     Forest Lands; to the Committee on Energy and Natural 
     Resources.

                  Senate Concurrent Resolution No. 53

       Whereas, In recent years, our country has benefited from 
     public policy encouraging the states to assume responsibility 
     for tasks long handled by the federal government. Experts in 
     many fields have come to accept the wisdom of utilizing state 
     expertise and resources to deal with problems that are best 
     addressed locally rather than from Washington, D.C.; and
       Whereas, The management of public forest lands is another 
     area that should be turned over to states through a program 
     of block grants, Michigan, with more public forests than any 
     other state in the eastern portion of the country, has 
     compiled an impressive record of success in the management of 
     its resources. The conditions of Michigan's state forest 
     acreage is a model for other parts of the country; and
       Whereas, There are several sound reasons why forest 
     management would be more efficiently and productively managed 
     by the state instead of the federal government. State 
     management offers flexibility, rather than a ``one size fits 
     all'' approach; shorter lines of communication; better 
     communication within local regions; and generally lower 
     overall costs. State control over forest operations in 
     Michigan will more accurately reflect our citizens' historic 
     sense of commitment and investment in this vitally important 
     resource; now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to turn over the management of federal lands to the 
     states through a block grant program; 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 members of the 
     Michigan congressional delegation.
                                  ____

       POM-293. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the Pledge 
     of Allegiance; to the Committee on the Judiciary.

                       Senate Resolution No. 241

       Whereas, The 9th U.S. Circuit Court of Appeals ruled it is 
     unconstitutional to recite the Pledge of Allegiance in a 
     public school; and
       Whereas, The Pledge of Allegiance is not an oath or pledge 
     of allegiance to a person, power, or potentate but to the 
     principles that serve as the foundation of a free republic; 
     and
       Whereas, The Pledge of Allegiance is not an oath or pledge 
     to any god, deity, or spirit, but rather it recognizes that 
     those who govern do not receive their authority from a 
     monarch. Instead, a god, deity, or spirit has bestowed on 
     every citizen of the United States of America the inherent 
     worth and dignity embodied in and protected by the 
     Constitution and the Bill of Rights of the United States of 
     America; and
       Whereas, The Pledge of Allegiance recognizes that we are 
     one nation of diverse and unique peoples within fifty 
     separate states undivided in our dedication to the principles 
     of freedom, liberty, and justice; and
       Whereas, The Pledge of Allegiance reiterates the guarantees 
     of liberty and justice mandated by the Bill of Rights; and
       Whereas, The flag of the United States of America is a 
     representation of the rights guaranteed by the Constitution 
     and the Bill of Rights, as well as the free people who 
     willingly sacrificed their lives and their freedoms to 
     protect and preserve those freedoms; and
       Whereas, The Pledge of Allegiance teaches students to 
     cherish, preserve, and protect the republic dedicated to the 
     preservation of freedom, liberty, and justice; now, 
     therefore, be it
       Resolved by the Senate, That the people of the state of 
     Michigan, acting through the Senate, do hereby call upon the 
     United States Supreme Court to overturn the 9th U.S. Circuit 
     Court of Appeals decision to ban the recital of the Pledge of 
     Allegiance in public schools; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the justices of the United States Supreme Court, the 
     President of the United States, and the members of the 
     Congress of the United States.
                                  ____

       POM-294. A joint resolution adopted by the Assembly of the 
     State of California relative to pancreatic cancer; to the 
     Committee on Health, Education, Labor, and Pensions.

                    Assembly Joint Resolution No. 28

       Whereas, Approximately 29,000 new cases of pancreatic 
     cancer were diagnosed nationwide in 2001; and
       Whereas, An estimated 28,000 people died from pancreatic 
     cancer during 2001, representing more than 5 percent of all 
     cancer deaths in the United States; and
       Whereas, The average life expectancy after diagnosis with 
     metastatic disease is just three to six months; and
       Whereas, About 85 percent of pancreatic cancer victims die 
     within a year of diagnosis, and less than 5 percent survive 
     as long as five years; and
       Whereas, The 99-percent mortality rate for pancreatic 
     cancer is the highest of any cancer; and
       Whereas, Pancreatic cancer ranks as the fourth most common 
     cause of cancer death among men and women; and
       Whereas, There is currently no physiological marker or 
     screening test that permits early diagnosis of pancreatic 
     cancer; and
       Whereas, Pancreatic cancer is among the most aggressive of 
     all cancers, but study of the disease has attracted 
     comparatively little funding; and
       Whereas, According to the National Cancer Institute, 
     pancreatic cancer received approximately $20 million in 
     federal research funding, roughly 7 percent of the funding 
     level per fatality of that of breast cancer; and
       Whereas, There is a critical need to support research that 
     identifies new methods of detecting and treating pancreatic 
     cancer; now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California urges the President and Congress of the United 
     States to expand federally funded research efforts aimed at 
     developing a reliable means of detecting pancreatic cancer in 
     its early stages, when the disease is more effectively 
     treatable; 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, to each Senator and Representative from 
     California in the Congress of the United States, and to the 
     directors of the National Institutes of Health and the 
     National Cancer Institute.
                                  ____

       POM-295. A resolution adopted by the House of the 
     Legislature of the State of New Hampshire relative to 
     developing a national missile defense system; to the 
     Committee on Armed Services.

                        House Resolution No. 21

       Whereas, New Hampshire is located in the New England region 
     of the northeastern United States and is populated by over 
     1,200,000 persons, and maintains distinguished centers of 
     higher learning, and is the site of advanced information and 
     defense technology, and is noted for outstanding natural 
     endowments of forests, mountains, and lakes, and derives 
     considerable electrical power from nuclear energy; and
       Whereas, the people of New Hampshire are conscious of the 
     state's assets and favorable future development for their 
     children and future generations; and
       Whereas, New Hampshire responded to the call at Bunker Hill 
     with volunteers in the struggle for American independence and 
     has contributed to national defense through its citizenry 
     ever since; and
       Whereas, the people of New Hampshire are aware of the 
     global proliferation of ballistic missiles and weapons of 
     mass destruction and their threat to our nation, our allies, 
     and our armed forces abroad; and
       Whereas, the United States does not possess a robust and 
     effective defense against ballistic missiles bearing weapons 
     of mass destruction, launched by anyone who opposes American 
     ideals, interests, and influence throughout the world; and
       Whereas, New Hampshire, the United States, and the 
     international community are increasingly imperiled by the 
     global proliferation of ballistic missiles and weapons of 
     mass destruction and cannot defend against a hostile or 
     accidental ballistic missiles and weapons of mass destruction 
     and cannot defend against a hostile or accidental ballistic 
     missile attack; in consequence, New Hampshire asserts its 
     leadership as one of 50; now, therefore, be it
       Resolved by the House of Representatives:
       That the New Hampshire house of representatives hereby 
     urges the President of the United States to take all actions 
     necessary, within the limits of the considerable 
     technological prowess of this great union, to protect our 
     nation, our allies, and our armed forces abroad from the 
     threat of missile attack; and
       That the New Hampshire house of representatives hereby 
     urges the President to allow the United States the freedom to 
     defend itself, it allies, and its armed forces abroad from 
     ballistic missile attack, treaties and other agreements to 
     the contrary notwithstanding; and
       That the New Hampshire house of representatives hereby 
     conveys to the President and Congress that effective national 
     missile defense will require a robust and multi-layered 
     architecture consisting of integrated land-based, sea-based, 
     and/or space-based assets designated to deter future threats 
     whenever possible and meet them whenever necessary; and

[[Page S8088]]

       That copies of this resolution shall be sent by the house 
     clerk to the New Hampshire congressional delegation, the 
     Speaker of the United States House of Representatives, the 
     President of the United States Senate, the Chairman of the 
     Joint Chiefs of Staff, and the President of the United 
     States.
                                  ____

       POM-296. A House joint resolution adopted by the General 
     Assembly of the Commonwealth of Virginia relative to the 
     Solid Waste Interstate Transportation Act of 2001; to the 
     Committee on Environment and Public Works.

                     House Joint Resolution No. 181

       Whereas, recent reports issued by the Department of 
     Environmental Quality reveal that Virginia is currently the 
     second largest importer of municipal solid waste from other 
     states, second only to Pennsylvania, and is currently 
     importing approximately four million tons annually of 
     municipal solid waste from other states; and
       Whereas, the amount of municipal solid waste being imported 
     into Virginia is expected to increase in coming years due to 
     the closure of the Fresh Kills Landfill in New York and 
     increased volumes from other states; and
       Whereas, the importation of significant amounts of 
     municipal solid waste from other states is prematurely 
     exhausting Virginia's limited landfill capacity; and
       Whereas, an increase in the number of garbage trucks on its 
     roads and an increase in the number of garbage barges on its 
     rivers resulting from the importation of significant amounts 
     of municipal solid waste from other states has created many 
     short-term environmental problems for Virginia; and
       Whereas, the importation of significant amounts of 
     municipal solid waste from other states also may create 
     serious long-term environmental problems for Virginia; and
       Whereas, the importation of significant amounts of 
     municipal solid waste from other states is inconsistent with 
     Virginia's efforts to promote the Commonwealth as a national 
     and international destination for tourism and high-tech 
     economic development; and
       Whereas, the Commerce Clause of the United States 
     Constitution and the interpretation and application of the 
     Commerce Clause by the United States Supreme Court and other 
     federal courts with respect to interstate solid waste 
     transportation has left Virginia and other states with 
     limited alternatives in regulating, limiting or prohibiting 
     the importation of municipal solid waste; and
       Whereas, it is the belief of the General Assembly of 
     Virginia that state and local governments should be given 
     more authority to control the importation of municipal solid 
     waste into their jurisdictions; now, therefore, be it
       Resolved by the House of Delegates, the Senate concurring: 
     That the Congress of the United States be urged to enact the 
     Solid Waste Interstate Transportation Act of 2001 (HR 1213) 
     incorporating amendments proposed by the Congresswoman 
     representing Virginia's First Congressional District to give 
     local and state governments, including Virginia, additional 
     specific authority to regulate the importation of municipal 
     solid waste into their jurisdictions; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation in order that they may be apprised 
     of the sense of the General Assembly of Virginia in this 
     matter.
                                  ____

       POM-297. A resolution adopted by the House of Delegates of 
     the General Assembly of the Commonwealth of Virginia to 
     Veterans' Day; to the Committee on the Judiciary.

                        House Resolution NO. 18

       Whereas, the National Commission on Federal Election Reform 
     suggested in its report to the President the possibility of 
     moving the observance of Veterans Day to the second Tuesday 
     in November in even-numbered years so that elections could be 
     conducted on a national holiday; and
       Whereas, Veterans Day, November 11th, formerly called 
     Armistice Day, is the time when Americans unite to recognize 
     the sacrifices and service of past and present members of the 
     United States military; and
       Whereas, the holiday was established as Armistice Day in 
     1926 to commemorate the November 11, 1918, armistice that 
     ended hostilities in World War I; and
       Whereas, in 1954 the name of the holiday was changed to 
     Veterans Day to honor all men and women who have served 
     America in its armed forces; and
       Whereas, Veterans Day and the ceremonies nationwide to 
     observe it are important to the millions of Americans who 
     take the time each November 11th to honor their fellow 
     citizens who have served their country; and
       Whereas, the American Legion, at its 83rd National 
     Convention in August 2001, expressed, by resolution, its 
     opposition to any change of the date for observing Veterans 
     Day; now, therefore, be it
       Resolved by the House of Delegates, That the President and 
     the Congress of the United States be urged to oppose efforts 
     to move the observance of Veterans Day from November 11th; 
     and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and the members of the Virginia Congressional Delegation so 
     that they may be apprised of the sense of the House of 
     Delegates of Virginia in this matter.
                                  ____

       POM-298. A resolution adopted by the House of Delegates of 
     the General Assembly of the Commonwealth of Virginia relative 
     to Medicare and oral anti-cancer drugs; to the Committee on 
     Finance.

                        House Resolution No. 19

       Whereas, cancer is a leading cause of morbidity and 
     mortality in the Commonwealth and throughout the nation; and
       Whereas, cancer is disproportionately a disease of the 
     elderly, with more than half of all cancer diagnoses 
     occurring in persons age 65 or older; persons who are often 
     dependent on the federal Medicare program for provision of 
     cancer care; and
       Whereas, treatment with anti-cancer drugs is the 
     cornerstone of modern cancer care, and elderly cancer 
     patients must have access to potentially life-extending drug 
     therapy; and
       Whereas, the Medicare program's coverage of anti-cancer 
     drugs is limited to injectable drugs or oral drugs that have 
     an injectable version; and
       Whereas, the nation's investment in biomedical research has 
     begun to bear fruit with a compelling array of new oral anti-
     cancer drugs that are less toxic, more effective, and more 
     cost-effective than existing therapies, but, because these 
     drugs do not have an injectable equivalent, they are not 
     covered by Medicare; and
       Whereas, the lack of coverage for these important new 
     products leaves many Medicare beneficiaries confronting the 
     choice of either substantial out-of-pocket personal cost or 
     selection of more toxic and less effective treatments that 
     are covered by Medicare; and
       Whereas, Medicare's failure to cover oral anti-cancer drugs 
     leaves at risk many beneficaries suffering from blood-related 
     cancers such as leukemia, lymphoma, and myeloma, as well as 
     cancers of the breast, lung, and prostate; and
       Whereas, certain members of the United States Congress have 
     recognized the necessity of Medicare coverage for all oral 
     anti-cancer drugs and have introduced legislation in the 
     107th Congress to achieve that result (H.R. 1624 and S. 913); 
     now, therefore, be it
       Resolved by the House of Delegates, That the Congress of 
     the United States be urged to enact legislation requiring 
     Medicare to cover all oral anti-cancer drugs; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the President of the 
     United States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     the Secretary of the Health and Human Services, the 
     Administrator of the Centers for Medicare and Medicaid 
     Services, and the members of the Virginia Congressional 
     Delegation so that they may be apprised of the sense of the 
     House of Delegates of Virginia in this matter.
                                  ____

       POM-299. A resolution adopted by the House of Delegates of 
     the General Assembly of the Commonwealth of Virginia relative 
     to the Transportation Equity Act for the 21st Century; to the 
     Committee on Environment and Public Works.

                        House Resolution No. 21

       Whereas, the Transportation Equity Act for the 21st Century 
     (TEA-21), will expire on September 30, 2003; and
       Whereas, the six-year federal authorization legislation 
     provides guidelines, budget allocation formulas, and maximum 
     budget limits for transportation spending; and
       Whereas, TEA-21 provided for new budget categories to be 
     established for highway and transit spending, effectively 
     establishing a budgetary ``firewall'' between each of these 
     programs and all other domestic discretionary programs to 
     ensure that transportation trust funds can be used only for 
     transportation spending; and
       Whereas, authorizations for federal-aid highway and highway 
     safety construction programs funded from the Highway Account 
     of the Highway Trust Fund will be increased or decreased 
     whenever the highway firewall amount is adjusted to reflect 
     changed estimates of Highway Account revenue, that is, the 
     budget authority will be aligned with the revenue; and
       Whereas, this Revenue, Aligned Budget Authority has 
     resulted in increased federal transportation funding to 
     Virginia since FY 2000; and
       Whereas, during the last reauthorization (TEA-21), Virginia 
     was successful in increasing its return on contributions to 
     the federal transportation trust fund from approximately 79 
     percent to 90.5 percent; and
       Whereas, Virginia's current federal return rate of 90.5 
     percent is the lowest return level from the federal 
     transportation trust fund in the nation; and
       Whereas, Virginia taxpayers continue to subsidize other 
     states' transportation programs through Virginia's low rate 
     of return on contributions to the federal transportation 
     trust fund; and
       Whereas, the proposed reauthorization of federal aid for 
     surface transportation programs provides an ideal opportunity 
     to ensure that future methods of apportioning federal 
     transportation funds are equitable and fair; and
       Whereas, adequate support for the National Highway System 
     (NHS) is necessary to provide consistent mobility and 
     economic

[[Page S8089]]

     benefits for all states throughout the nation, and to ensure 
     that Virginia's citizens are able to connect with other 
     citizens throughout the nation; and
       Whereas, adequate support for the National Highway System 
     and other transportation systems in Virginia is equally 
     essential to the numerous and sizable U.S. military bases and 
     other facilities that are located within the Commonwealth, 
     for which an adequate and efficient transportation system is 
     critical to effectively and promptly distribute, supply, and 
     deploy military assets to meet and respond to the imperatives 
     of national defense; and
       Whereas, a streamlined transportation program is needed to 
     provide flexible funding to allow states and their local 
     partners to respond to specific state and local needs; and
       Whereas, Congress directed the U.S. Department of 
     Transportation in the TEA-21 legislation of 1998 to implement 
     significant environmental regulatory streamlining so that 
     transportation projects could receive federal review and 
     approval in an expedited manner; and
       Whereas, the federal review and approval process for 
     transportation projects has not been shortened despite the 
     environmental streamlining mandate of TEA-21; now, therefore, 
     be it
       Resolved by the House of Delegates. That the Congress of 
     the United States be urged to reauthorize the Transportation 
     Equity Act for the 21st Century, provide for increased equity 
     in the distribution of federal highway funds to the states, 
     and reduce complexity of and time required for compliance 
     with federal environmental regulations related to highway 
     construction. In reauthorizing the federal surface 
     transportation program, the Congress is also urged to provide 
     fair and equitable distribution of highway funds to states 
     and increase the return to the Commonwealth to at least the 
     national average, ensure that firewalls between the 
     Transportation Trust Fund and other federal spending be 
     maintained, continue Revenue Aligned Budget Authority, and 
     meaningfully streamline federal environmental and other 
     regulations to expedite project review and highway 
     construction; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation in order that they may be apprised 
     of the sense of the House of Delegates of Virginia in this 
     matter.
                                  ____

       POM-300. A resolution adopted by the House of Delegates of 
     the General Assembly of the Commonwealth of Virginia relative 
     to expanding the use of federal historic preservation tax 
     credits to qualified owner-occupied structures; to the 
     Committee on Finance.

                        House Resolution No. 22

       Whereas, the Federal Historic Preservation Tax Credit 
     Program currently provides federal income tax incentives for 
     rehabilitation of historic income-producing properties; and
       Whereas, legislation currently pending in the United States 
     Congress will expand the program by providing a credit 
     against income tax to individuals who rehabilitate historic 
     homes or who are the first purchasers of rehabilitated 
     historic homes for use as a principal residence; and
       Whereas, passage of the pending legislation could have many 
     beneficial effects in Virginia, including encouraging 
     additional protection of historic buildings, returning 
     underutilized buildings to local tax rolls, and providing a 
     boost to efforts to improve older neighborhoods; now, 
     therefore, be it
       Resolved by the House of Delegates, That the Congress of 
     the United States be urged to expand use of federal historic 
     preservation tax credits to qualified owner-occupied 
     structures; and, be it
       Resolved Further. That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation in order that they may be apprised 
     of the sense of the House of Delegates of Virginia in this 
     matter.
                                  ____

       POM-301. A House joint resolution adopted by the General 
     Assembly of the State of Illinois relative to inland waterway 
     transportation; to the Committee on Environment and Public 
     Works.

                     House Joint Resolution No. 54

       Whereas, the State of Illinois borders or contains over 
     1,000 miles of the inland waterway system; and
       Whereas, Many of Illinois' locks and dams are more than 60 
     years old and only 600 feet long, making them unable to 
     accommodate modern barge tows of 1,200 feet long, nearly 
     tripling locking times and causing lengthy delays and 
     ultimately increasing shipping costs; and
       Whereas, The use of 1,200-foot locks has been proven 
     nationwide as the best method of improving efficiency, 
     reducing congestion, and modernizing the inland waterways; 
     and
       Whereas, The construction of the lock and dam system has 
     spurred economic growth and a higher standard of living in 
     the Mississippi and Illinois river basin, and today supplies 
     more than 300,000,000 tons of the nation's cargo, supporting 
     more than 400,000 jobs, including 90,000 in manufacturing; 
     and
       Whereas, More than 60% of American agricultural exports, 
     including, corn, wheat, and soybeans, are shipped down the 
     Mississippi and Illinois rivers on the way to foreign 
     markets; and
       Whereas, Illinois farmers, producers, and consumers rely on 
     efficient transportation to remain competitive in a global 
     economy, and efficiencies in river transport offset higher 
     production costs, compared to those incurred by foreign 
     competitors; and
       Whereas, The Upper Mississippi and Illinois lock and dam 
     system saves our nation more than $1,500,000,000 in higher 
     transportation costs each year, and failing to construct 
     1,200-foot locks will cause farmers to use more expensive 
     alternative modes of transportation, including trucks and 
     trains; and
       Whereas, According to the U.S. Army Corps of Engineers, 
     congestion along the Upper Mississippi and Illinois Rivers is 
     costing Illinois and other producers and consumers in the 
     basin $98,000,000 per year in higher transportation costs; 
     and
       Whereas, River transportation is the most environmentally 
     friendly form of transporting goods and commodities, creating 
     almost no noise pollution and emitting 35% to 60% fewer 
     pollutants than either trucks or trains, according to the 
     U.S. EPA; and
       Whereas, Moving away from river transport would add 
     millions of trucks and rail cars to our nation's 
     infrastructure, adding air pollution, traffic congestion, and 
     greater wear and tear on highways; and
       Whereas, Backwater lakes created by the lock and dam system 
     provide breeding grounds for migratory waterfowl and fish; 
     and
       Whereas, The lakes and 500 miles of wildlife refuge also 
     support a $1,000,000,000-a-year recreational industry, 
     including hunting, fishing, and tourism jobs; and
       Whereas, Upgrading the system of locks and dams on the 
     Upper Mississippi and Illinois rivers will provide 3,000 
     construction and related jobs over a 15-20 year period; and
       Whereas, In 1999 Illinois was the leading shipping state, 
     with more than 66,000,000 tons of Illinois products, 
     including grain, coal, chemicals, aggregates, and other 
     products, representing a value of more than $8,000,000,000; 
     and
       Whereas, 109,000,000 tons of commodities including grain, 
     coal, chemicals, aggregates, and other products were shipped 
     to, from, and within Illinois by barge, representing 
     $16,000,000,000 in value; and
       Whereas, An additional 136,000,000 tons of commodities pass 
     Illinois' borders on the Mississippi and Ohio rivers, 
     representing a value of more than $43,000,000,000; and
       Whereas, Shippers moving by barge in Illinois realized a 
     savings of approximately $1,000,000,000, compared to other 
     transportation modes; and
       Whereas, Illinois docks shipped products by barge to 20 
     states and received products from 18 states; and
       Whereas, Barges moving to and from Lake Michigan use the 
     O'Brien Lock, with the Chicago Lock passing over 36,000 
     recreation vessels and over 410,00 passengers on over 13,000 
     commercial passenger vessels; and
       Whereas, There are approximately 364 manufacturing 
     facilities, terminals, and docks on the waterways of 
     Illinois, representing thousand of jobs in the State; 
     therefore be it
       Resolved by the House of Representatives of the Ninety-
     Second General Assembly of the State of Illinois, the Senate 
     concurring herein, That we recognize the importance of inland 
     waterway transportation to Illinois agriculture and to 
     industry in the State, the region, and the nation, and that 
     we urge Congress to authorize funding to construct 1,200-foot 
     locks on the Upper Mississippi and Illinois River System; and 
     be it further
       Resolved, That suitable copies of this Resolution be 
     delivered to the President Pro Tempore and the Secretary of 
     the United States Senate, the Speaker and the Clerk of the 
     United States House of Representatives, the Chair of the 
     Senate Committee on Commerce, Science, and Transportation, 
     the Chair of the House Committee on Transportation and 
     Infrastructure, and to the Illinois congressional delegation.
                                  ____

       POM-302. A concurrent resolution adopted by the Legislature 
     of the State of Oklahoma relative to the United States Trade 
     Representative preserve the traditional powers of state and 
     local governments while negotiating international investment 
     agreements; and directing distribution; to the Committee on 
     Finance.

                           Resolution No. 71

       Whereas, the United States government, through the United 
     States Trade Representative, is negotiating to create or 
     interpret investment agreements under the proposed Free Trade 
     Area of the Americans (FTAA), bilateral agreements such as 
     the United States-Chile agreement, the investment chapter of 
     the North American Free Trade Agreement (NAFTA), and 
     potentially under the World Trade Organization (WTO); and
       Whereas, investment agreements affect state and local 
     powers, including, but not limited to, zoning, protection of 
     ground water and other natural resources, corporate ownership 
     of land and casinos, law enforcement by courts, public 
     services, and sovereign immunity; and
       Whereas, investment rules under these agreements deviate 
     from United States legal precedents on taking law and 
     deference to legislative determination on protecting the 
     public interest; and
       Whereas, investment rules do not safeguard any category of 
     law from investor

[[Page S8090]]

     complaints including, but not limited to, laws passed in the 
     interest of protecting human or animal health, environmental 
     resources, human rights, and labor rights; and
       Whereas, foreign investors have used the provisions of 
     NAFTA's investment chapter to challenge core powers of state 
     and local government including, but not limited to, 
     regulatory power to protect ground water in California; the 
     power of civil juries to use punitive damages to deter 
     corporate fraud in Mississippi; the ability of states to 
     invoke sovereign immunity in Massachusetts; and a decision by 
     local government to deny a zoning permit for construction of 
     a hazardous waste dump in Guadalcazar, Mexico; and
       Whereas, serious concerns about international investment 
     agreements have been expressed by national government 
     associations, including the National Conference of State 
     Legislatures (NCSL), which urged federal trade negotiators 
     not to commit the United States to further investor-to-state 
     dispute provisions such as those pending under NAFTA, and the 
     National League of Cities, which has expressed concern that 
     expansion of investment rules could undermine the successful 
     effort by state and local governments to defeat legislation 
     to expand compensation for takings in the 104th Congress.
       Now, therefore, be it resolved by the Senate of the 2nd 
     session of the 48th Oklahoma Legislature, the House of 
     Representatives concurring therein:
       That the Oklahoma State Legislature respectfully 
     memorializes the President and Congress of the United States 
     that the United States Trade Representative: preserve the 
     traditional powers of state and local governments by 
     requiring that negotiators of international investment 
     agreements carve out state and local governments from the 
     scope of future investment agreements or exclude investor-to-
     state disputes from investment agreements; ensure that 
     international investment rules do not give greater rights to 
     foreign investors than United States investors enjoy under 
     the United States Constitution; ensure that international 
     investment rules do not undermine traditional police powers 
     of state and local governments to protect public health, 
     conserve environmental resources, and regulate fair 
     compensation; ensure that all proceedings are open to the 
     public and that all submissions, findings, and decisions are 
     promptly made public, consistent with the need to protect 
     classified information, and that amicus briefs will be 
     accepted and considered by investment tribunals; and provide 
     that an investor's claim against its host government, must 
     consent to the investor's claim against its host government, 
     if investor-to-state disputes are retained.
       That a copy of this resolution be distributed to the 
     President and Vice President of the United States, to the 
     United States Trade Representative, to members of Oklahoma's 
     Congressional Delegation, and to the National Conference of 
     State Legislatures (NCSL).
                                  ____

       POM-303. A Senate concurrent resolution adopted by the 
     Legislature of the State of Kansas relative to the 
     establishment of a national holiday; to the Committee on the 
     Judiciary.

                 Senate Concurrent Resolution No. 1620

       Whereas, Cesar Chavez, founder of the United Farm Workers 
     of America, AFL-CIO, dedicated his life to the cause of 
     justice for farm workers. Through his dedication, Cesar 
     Chavez built not only a union but a movement of all races to 
     continue the endless struggle to fight for workers' rights, 
     civil rights and human rights; and
       Whereas, Cesar Chavez was a role model for all workers, 
     especially for Latinos and their children; and
       Whereas, Cesar Chavez taught us to use power in the 
     nonviolent manner and to employ this principle to secure 
     justice for all workers in the labor movement; and
       Whereas, His death on April 23, 1993 brought the Latino 
     community together to continue his struggle to obtain justice 
     and to secure a better life by organizing unions at the 
     workplace; and
       Whereas, A resolution is pending in the United States 
     Congress to establish a national holiday in memory of Cesar 
     Chavez: Now, therefore,
       Be it resolved by the Senate of the State of Kansas, the 
     House of Representatives concurring therein: That we urge the 
     adoption of the United States House of Representatives 
     Concurrent Resolution No. 3 providing for a national holiday 
     honoring Cesar Chavez and that this holiday be celebrated on 
     Cesar Chavez's birthday, March 31; and
       Be it further resolved: That the Secretary of State send 
     enrolled copies of this resolution to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and to each member of the Kansas 
     congressional delegation.
                                  ____

       POM-304. A resolution adopted by the House of the 
     Legislature of the State of New Hampshire relative to the 
     Pledge of Allegiance; to the Committee on the Judiciary.

                        House Resolution No. 26

       Whereas, on June 26, 2002, the United States Court of 
     Appeals for the Ninth Circuit ruled the recitation of the 
     pledge of allegiance in public schools to be an 
     unconstitutional endorsement of religion in violation of the 
     First Amendment to the United States Constitution; and
       Whereas, the state of New Hampshire denounces the ruling of 
     the Ninth Circuit; and
       Whereas, the state of New Hampshire affirms the importance 
     of the pledge of allegiance in honoring those citizens who 
     have fallen in defense our country; and
       Whereas, the state of New Hampshire affirms the importance 
     of the pledge of allegiance in the education of the youth of 
     our country; and
       Whereas, the state of New Hampshire reaffirms the right to 
     recite the pledge of allegiance as an exercise of free speech 
     protected under the First Amendment to the United States 
     Constitution; now, therefore, be it
       Resolved by the House of Representatives:
       That the New Hampshire house of representatives strongly 
     disagrees with the ruling of the United States Court of 
     Appeals for the Ninth Circuit; and
       That the New Hampshire house of representatives reaffirms 
     the right to recite the pledge of allegiance as an exercise 
     of free speech protected under the First Amendment to the 
     United States Constitution; and
       That copies of this resolution be forwarded to the 
     President of the United States; the Speaker of the United 
     States House of Representatives; the President of the United 
     States Senate; the Justices of the United States Supreme 
     Court, and the members of the New Hampshire congressional 
     delegation.
                                  ____

       POM-305. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the Pledge 
     of Allegiance; to the Committee on the Judiciary.

                       Senate Resolution No. 242

       Whereas, The decision of the Ninth United States Circuit 
     Court of Appeals that the Pledge of Allegiance to the 
     American flag is unconstitutional is an egregious error that 
     cannot be allowed to stand as our law. In this time of war, 
     especially, we are shocked that an expression of devotion and 
     loyalty to our nation's flag and all it represents should be 
     suppressed by a three-judge panel of the most reversed United 
     States Court of Appeals; and
       Whereas, The Ninth Circuit's ruling that the words ``under 
     God'' somehow represent the establishment of an official 
     state church in violation of the Establishment Clause of the 
     United States Constitution is ludicrous. No state church has 
     been established in the nearly five decades since those words 
     were added to the Pledge of Allegiance. The freedom to 
     believe and practice any religion, or to believe and practice 
     no religion at all, is an ingrained part of our society. The 
     purportedly terrible impact of reciting ``under God'' in our 
     Pledge of Allegiance, should a person choose to do so, has 
     not and will not happen; and
       Whereas, Should the Ninth Circuit fail to correct this 
     ruling, the United States Supreme Court should reverse this 
     ruling as a gross misinterpretation of our Constitution and 
     astounding lack of common sense. Our flag unites us, 
     regardless of our heritage. Our Pledge of Allegiance to our 
     flag, which represents all the freedoms we cherish and 
     defend, must be preserved; now, therefore, be it
       Resolved by the Senate, That we condemn the decision of the 
     Ninth United States Circuit Court of Appeals that ruled that 
     the Pledge of Allegiance is unconstitutional; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the judges of the Ninth United States Circuit Court of 
     Appeals, the justices of the United States Supreme Court, 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-306. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to designating 
     October 2002 as Respect Month and October 30, 2002, as 
     Respect Your Neighborhood Day; to the Committee on the 
     Judiciary.

                       Senate Resolution No. 244

       Whereas, For over ten years, the state of Michigan has 
     recognized October as Respect Month, a time for adults with 
     influence over young people to talk with them about respect; 
     and
       Whereas, The state of Michigan has proclaimed October 30 as 
     Respect Your Neighborhood Day, a time for people of all ages 
     to launch projects that encourage respect for one another and 
     serve their communities as a whole; and
       Whereas, this has led young people to participate in such 
     projects including the clean up of vacant lots and helping 
     senior citizens; and
       Whereas, In 1998, the City Councils of Detroit and Highland 
     Park voted to make Respect Month and Respect Your 
     Neighborhood Day permanent occasions in their cities and to 
     request the President and the Congress of the United States 
     to proclaim such occasions on a national level; and
       Whereas, In 1999, the Highland Park School Board made a 
     similar request; and
       Whereas, Encouraging adults to help create an atmosphere of 
     respect may avert tragedies and save lives. The recent 
     horrors on September 11, 2001, and the shootings in schools 
     like Columbine are prime examples of why prevention is 
     crucial; and
       Whereas, Such tragedies demonstrate why it is imperative 
     that adults with influence over children communicate basic 
     tenets of respect and demonstrate ways in which serving our 
     communities can help maintain the dignity of all members of 
     society; and

[[Page S8091]]

       Whereas, Respect Month will function as a time to 
     positively model respect, promote respect, and encourage 
     youth and their peers to do the same for each other, their 
     communities, and mankind; and
       Whereas, Adults who can have an impact on children by 
     putting an emphasis on the meaning of and the need for 
     respect in society are invaluable to this cause, and 
     character education brings about a greater respect and 
     appreciation for all. The meaning of respect is ascertained 
     during childhood, and the exhibiting of respect by adults is 
     of great importance; and
       Whereas, Proclaiming Respect Month and Respect Your 
     Neighborhood Day will encourage service projects and conflict 
     resolution courses, which are two ways to combat poor self-
     esteem and lack of self-respect which can lead to violence; 
     and
       Whereas, The existing diversity in our communities must be 
     admired, appreciated, and valued, but without respect, this 
     society will not achieve its full potential; now, therefore, 
     be it
       Resolved by the Senate, That the members of this 
     legislative body commemorate October 2002 as Respect Month 
     and October 30, 2002, as Respect Your Neighborhood Day on a 
     permanent basis in the state of Michigan; and be it further
       Resolved, That we urge President George W. Bush and the 
     Congress of the United States to make such proclamations for 
     the country as a whole; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, the President of the U.S. 
     Senate, the Speaker of the U.S. House of Representatives, and 
     the Michigan congressional delegation.
                                  ____

       POM-307. A resolution adopted by the General Assembly of 
     the State of Maryland relative to September 11, 2001; ordered 
     to lie on the table.

                               Resolution

       Be it hereby known to all that The Maryland General 
     Assembly offers this resolution as an expression of sympathy 
     in remembrance of September 11, 2001, when foreign terrorists 
     conducted inhumane, murderous attacks on the United States.
       The entire membership offers its deepest sympathy, its 
     unwavering support, and its sincere concern to the families, 
     friends, and the Nation.
       The General Assembly directs this Resolution be presented 
     on this 9th day of January, 2002, and that copies of this 
     Resolution be sent to the President of the United States, 
     George W. Bush, all members of the United States Congress, 
     the Governor of New York and Mayor of New York City, the 
     Governor of Virginia, and the Governor of Pennsylvania.

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