[Congressional Record Volume 148, Number 124 (Thursday, September 26, 2002)]
[Senate]
[Pages S9418-S9425]
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-308. A House joint memorial that was adopted by the 
     Legislature of the State of Washington relative to the 
     National Guard; to the Committee on Armed Services.

                       House Joint Memorial 4017

       Whereas, Within days of the September 11, 2001, terrorist 
     attacks in New York City and Washington D.C., the nation's 
     governors activated National Guard soldiers and airmen to 
     augment security at 422 of the nation's international 
     airports; and
       Whereas, In true state-federal partnership, National Guard 
     forces are providing aerial port security under the command 
     and control of the sovereign states, territories, and the 
     District of Columbia and the federal government is funding 
     such duties ``in the service of the United States'' under 
     Title 32 U.S.C., Section 502(f), hereinafter referred to as 
     ``Title 32 duty''; and
       Whereas, Title 32 duty has been used, inter alia, for more 
     than twenty years for National Guard full-time staffing, for 
     National Guard support for local, state, and federal law 
     enforcement agencies under Governors' Counter-Drug Plans for 
     more than twelve years, for National Guard Civil Support Team 
     technical assistance for local first responders for more than 
     two years, and for aerial port security following the attacks 
     of September 11. Of particular note, the National Guard 
     Counter-Drug Program has long included Title 32 support for 
     United States Customs, Border Patrol, and Immigration and 
     Naturalization Service activities at United States Ports of 
     Entry; and
       Whereas, In the aftermath of the September 11 attacks, 
     increased security and inadequate federal staffing have 
     limited the flow of persons, goods, and services across our 
     nation's borders. These factors have contributed to a serious 
     weakening of the American and Canadian economies, especially 
     in states such as Washington; and
       Whereas, The governors of northern tier border states wrote 
     President Bush in November 2001 offering to provide Title 32 
     National Guard augmentation for United States Customs, Border 
     Patrol, and Immigration and Naturalization Service operations 
     at United States ports of entry. Such relief could have been, 
     and still can be, effected within days of acceptance by the 
     federal government; and
       Whereas, There is still no relief at our borders due to 
     inaction on the governors' offer of Title 32 National Guard 
     assistance and conflicting Department of Defense proposals to 
     federalize the National Guard or otherwise enhance border 
     security with active duty military personnel instead of Title 
     32 National Guard members; and
       Whereas, Federalizing the National Guard under Title 10 
     U.S.C. would degrade the combat readiness of units from which 
     Guardsmen would be mobilized, interfere with effective state 
     force management, and prevent personal accommodations for 
     soldiers and their civilian employers; and
       Whereas, Stationing federal military forces at the United 
     States-Canada border would be an unprecedented unilateral 
     action by the United States; and
       Whereas, The nation's border states need prompt relief 
     which can best be provided by Title 32 National Guard forces 
     being deployed to assist lead federal agencies at the borders 
     ``in the service of the United States,'' but under continued 
     state command and control; and
       Whereas, The Washington State Legislature opposes 
     federalization of the National Guard or assignment of federal 
     military forces for United States border security: Now, 
     therefore,
       Your Memorialists respectfully pray that Congress assures 
     prompt augmentation of

[[Page S9419]]

     lead federal agencies at the borders by accepting the 
     governors' offer of National Guard forces under state command 
     and control pursuant to 32 U.S.C. Sec. 502(f); be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-309. A joint resolution adopted by the Legislature of 
     the State of Alabama relative to ratifying the Seventeenth 
     Amendment to the United States Constitution; to the Committee 
     on the Judiciary.

                       House Joint Resolution 12

       Whereas, the Seventeenth Amendment to the United States 
     Constitution provides as follows:
       ``Amendment XVII.
       ``[Popular Election of Senators]
       ``The senate of the United States shall be composed of two 
     senators from each state, elected by the people thereof, for 
     six years; and each senator shall have one vote. The electors 
     in each state shall have the qualifications requisite for 
     electors of the most numerous branch of the state 
     legislatures.
       ``When vacancies happen in the representation of any state 
     in the senate, the executive authority of such state shall 
     issue writs of election to fill such vacancies: Provided, 
     that the legislature of any state may empower the executive 
     thereof to make temporary appointment until the people fill 
     the vacancies by election as the legislature may direct.
       ``This amendment shall not be construed as to affect the 
     election or term of any senator chosen before it becomes 
     valid as part of the Constitution.''; and
       Whereas, the Seventeenth Amendment was ratified May 31, 
     1913; Now therefore, be it
       Resolved by the Legislature of Alabama, both Houses thereof 
     concurring, That we hereby ratify the Seventeenth Amendment 
     to the United States Constitution.
       Resolved further, That a copy of this resolution be sent to 
     the Archivist of the United States, and to the Speaker of the 
     House of Representatives and the President of the Senate of 
     the United States Congress.
                                  ____

       POM-310. A joint resolution adopted by the Legislature of 
     the State of Alabama relative to ratifying the Twenty-Third 
     Amendment to the United States Constitution; to the Committee 
     on the Judiciary.

                       House Joint Resolution 13

       Whereas, the Twenty-Third Amendment of the United States 
     Constitution provides as follows:
       ``Amendment XXIII
       ``Section 1.
       ``[Electors for President and Vice President in District of 
     Columbia]
       ``The district constituting the seat of government of the 
     United States shall appoint in such manner as the congress 
     may direct:
       ``A number of electors of president and vice president 
     equal to the whole number of senators and representatives in 
     congress to which the district would be entitled if it were a 
     state, but in no event more than the least populous state, 
     they shall be in addition to those appointed by the states, 
     but they shall be considered, for the purposes of the 
     election of president and vice president, to be electors 
     appointed by a state; and they shall meet in the district and 
     perform such duties as provided by the twelfth article of 
     amendment.
       ``Section 2.
       ``[Power to Enforce Article]
       ``The congress shall have the power to enforce this article 
     by appropriate legislation.''; and
       Whereas, the Twenty-Third Amendment was ratified April 13, 
     1961: Now therefore, be it
       Resolved by the Legislature of Alabama, both Houses thereof 
     concurring, That we hereby ratify the Twenty-Third Amendment 
     to the United States Constitution.
       Resolved further, That a copy of this resolution be sent to 
     the Archivist of the United States, and to the Speaker of the 
     House of Representatives and the President of the Senate of 
     the United States Congress.
                                  ____

       POM-311. A joint resolution adopted by the Legislature of 
     the State of Alabama a relative to ratifying the Twenty-
     Fourth Amendment to the United States Constitution; to the 
     Committee on the Judiciary.

                       House Joint Resolution 14

       Whereas, Twenty-Fourth Amendment to the United States 
     Constitution provides as follows:
       ``Amendment XXIV.
       ``Section 1.
       ``[Poll Tax Payment Not Required to Vote in Federal 
     Elections]
       ``The right of citizens of the United States to vote in any 
     primary or other election for president or vice president, 
     for electors for president or vice president, or for senator 
     or representative in congress, shall not be denied or 
     abridged by the United States or any state by reason of 
     failure to pay any poll tax or other tax.
       ``Section 2.
       ``[Power to Enforce Article]
       ``The congress shall have power to enforce this article by 
     appropriate legislation.''; and
       Whereas, Twenty-Fourth Amendment was ratified February 4, 
     1964: Now therefore, be it
       Resolved by the Legislature of Alabama, both House thereof 
     concurring, That we hereby ratify the Twenty-fourth Amendment 
     to the United States Constitution.
       Resolved further, That a copy of this resolution be sent to 
     the Archivist of the United States, and to the Speaker of the 
     House of Representatives and the President of the Senate of 
     the United States Congress.
                                  ____

       POM-312. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to federal funds authorized 
     for highway purposes; to the Committee on Appropriations.

                          Assembly Resolution

       Whereas, In 1998 the Congress of the United States passed 
     with significant bipartisan support H.R. 2400, the 
     ``Transportation Equity Act for the 21st Century'' (TEA-21), 
     which was subsequently signed into law as Public Law 105-178 
     by the President of the United States; and
       Whereas, It was the intent of Congress to assure that 
     guaranteed levels of federal funds for various highway 
     purposes would be made available to the nation for a six-year 
     period from federal fiscal year 1998 through federal fiscal 
     year 2003; and
       Whereas, Federal funds appropriated by Congress in recent 
     years for highway purposes have reflected the intended levels 
     of federal financial support authorized by TEA-21; and
       Whereas, New Jersey and the several other states have 
     developed highway master plans and initiated work on projects 
     based, in part, on receiving the annual levels of federal 
     funds authorized by TEA-21; and
       Whereas, The President of the United States has proposed a 
     level of federal funding for highway purposes in federal 
     fiscal year 2003 that is almost 30 percent below the amount 
     available to the various states in federal fiscal year 2002; 
     and
       Whereas, The proposed reduction in the federal fiscal year 
     2003 funding level for highway purposes is inconsistent with 
     the level of federal funding authorized by TEA-21, places an 
     undue financial burden on the various states by requiring 
     them to defer plans and projects that were originally 
     designed to provide timely, cost effective highway 
     improvements for their citizens, and would establish an 
     unfortunate financing precedent for Congress and the various 
     states if the successor to TEA-21 is subsequently authorized 
     at similar, lower funding levels: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress of the United States is memorialized to 
     appropriate funds out of the federal Highway Trust Fund for 
     various highway purposes in federal fiscal year 2003 at a 
     level that is no less than the amount authorized by TEA-21, 
     and to assure timely distribution of these funds to all 
     states.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and Vice 
     President of the United States, the Speaker of the United 
     States House of Representatives, the Majority and Minority 
     leaders of the United States Senate and the United States 
     House of Representatives, and all other Members of Congress.
                                  ____

       POM-313. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to designating the fifteenth 
     of May as National Senior Citizen's Day; to the Committee on 
     the Judiciary.

                          Assembly Resolution

       Whereas, It is desirable to increase the nation's awareness 
     of the accomplishments and experiences of the senior citizens 
     of our country; and
       Whereas, Senior citizens 65 years of age and older are in 
     increasing segment of the population, currently comprising 
     12% of the nation's population, and 13% of New Jersey's 
     population; and
       Whereas, Younger generations benefit from the honoring and 
     remembrance of the accomplishments, experiences and wisdom 
     which senior citizens have amassed during their lives; and
       Whereas, Senior citizens are deserving of a day of 
     recognition honoring their numerous contributions to society 
     and their survival through wartimes as well as their 
     endurance of many hardships: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress and the President of the United States are 
     respectfully memorialized to enact legislation honoring all 
     the senior citizens of the United States by designating May 
     15th as National Senior Citizens Day.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     of the General Assembly, shall be forwarded to the President 
     of the United States, the Secretary of Health and Human 
     Services of the United States, the presiding officers of the 
     United States Senate and the House of Representatives, and 
     each of the members of the Congress of the United States 
     elected from the State of New Jersey.
                                  ____

       POM-314. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to National Grandparents 
     Day; to the Committee on the Judiciary.

                          Assembly Resolution

       Whereas, In 1979, Congress approved House Joint Resolution 
     No. 244, which authorized and requested the President to 
     issue annually a proclamation designating the first Sunday of 
     September following Labor Day of each year as ``National 
     Grandparents Day''; and

[[Page S9420]]

       Whereas, In 1994, Congress approved Senate Joint Resolution 
     No. 198, which recognized that grandparents bring a 
     tremendous amount of love to their grandchildren's lives, 
     deepen a child's roots, strengthen a child's development and 
     often serve as the primary caregiver for their grandchildren 
     by providing stable and supportive home environments, and 
     designated 1995 as the ``Year of the Grandparent''; and
       Whereas, In making these designations, Congress 
     acknowledged the important role grandparents play within 
     families and their many contributions which enhance and 
     further the value of families and their traditions, and 
     recognized that public awareness of and appreciation for 
     grandparents' many contributions should be strengthened; and
       Whereas, For both ``National Grandparents Day,'' and the 
     ``Year of the Grandparent'' in 1995, Congress called on the 
     people of the United States and interested groups and 
     organizations to observe the day and year with appropriate 
     ceremonies and activities; and
       Whereas, Despite the acknowledgement of the tremendous 
     contributions grandparents make to their families' lives, the 
     permanent designation of a day to observe ``National 
     Grandparents Day,'' the year-long designation of 1995 as the 
     ``Year of the Grandparent,'' as well as the call for 
     appropriate ceremonies and activities, the actual observance 
     of appropriate ceremonies and activities has been lacking; 
     and
       Whereas, A wholehearted national effort to encourage people 
     and organizations to celebrate ``National Grandparents Day'' 
     by planning appropriate programs, ceremonies and activities 
     would go a long way to commemorate and honor the wonderful 
     and vital contributions that grandparents make to the lives 
     of their families: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress and President of the United States are 
     respectfully memorialized to make a wholehearted national 
     effort to encourage people and organizations to celebrate 
     ``National Grandparents Day'' by planning appropriate 
     programs, ceremonies and activities that commemorate and 
     honor the wonderful and vital contributions that grandparents 
     make to the lives of their families.
       2. Duty authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     of the General Assembly, shall be forwarded to the President 
     of the United States, the Secretary of Health and Human 
     Services of the United States, the presiding officers of the 
     United States Senate and the House of Representatives, and 
     each of the members of the Congress of the United States 
     elected from the State of New Jersey.
                                  ____

       POM-315. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the designation of a 
     National Police, Firefighter and Emergency Services Personnel 
     Recognition Day; to the Committee on the Judiciary.

                          Assembly Resolution

       Whereas, Police officers, firefighters and emergency 
     services personnel throughout the nation are called upon to 
     serve and protect their fellow citizens by responding to 
     horrendous events and acting heroically to save the lives of 
     others in spite of the clear danger to their own lives; and
       Whereas, Police officers, firefighters and emergency 
     services personnel are routinely thrown into extraordinarily 
     dangerous situations, called upon to work overtime without 
     proper sleep and spend time away from their families and 
     loved ones; and
       Whereas, Since the dastardly terrorist attacks on this 
     nation of September 11, 2001, police officers, firefighters 
     and emergency services personnel throughout the United States 
     have been called upon to make even greater sacrifices to 
     ensure the safety and security of Americans; and
       Whereas, The third Sunday in May of each year has been 
     designated ``Police, Firemen and First Aid Recognition Day'' 
     in the State of New Jersey in recognition of the dedicated 
     service the members of police and fire departments and the 
     various first aid, ambulance and rescue services in the State 
     have rendered to their fellow citizens; and
       Whereas, Numerous other states throughout the country have 
     designated an annual day whereby they recognize the services 
     provided by their police officers, firefighters and emergency 
     services personnel; and
       Whereas, There is no national day of recognition to honor 
     police officers, firefighters and emergency services 
     personnel; and
       Whereas, It is fitting and proper that a National Police, 
     Firefighter and Emergency Services Personnel Recognition Day 
     be established to salute the contributions of police 
     officers, firefighters and emergency services personnel to 
     the security and well-being of this country; Now, therefore, 
     be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly of the State of New Jersey 
     memorializes the Congress of the United States to adopt a 
     resolution which designates one day each year as ``National 
     Police, Firefighter and Emergency Services Personnel 
     Recognition Day.''
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker and attested by the Clerk thereof, shall be 
     transmitted to the Vice President of the United States and 
     the Speaker of the House of Representatives, and to each of 
     the members of Congress elected from this State.
                                  ____

       POM-316. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to Clean Air Act 
     requirements; to the Committee on Environment and Public 
     Works.

                          Assembly Resolution

       Whereas, Studies by the 37-state Ozone Transport Assessment 
     Group have demonstrated that sulfur dioxide and nitrogen 
     oxide can travel up to 500 miles in the right climatic 
     conditions, and the transport of these pollutants, generally 
     in a northeastern patter, can have significant impacts on the 
     ozone problem in downwind northeast states such as New 
     Jersey; and
       Whereas, On December 3, 1999, then New Jersey Governor 
     Whitman announced that the State would join the federal 
     government and other states in taking legal action to require 
     Midwestern power plants to clean up their emissions; and
       Whereas, On February 14, 2002, President Bush announced his 
     Clear Skies and Global Climate Change Initiatives which would 
     replace current federal air pollution control rules with a 
     national emissions cap and trade system, and as a result 
     would likely provide Midwestern power plants, refineries and 
     other industrial sources with an exemption from the New 
     Source Review program; and
       Whereas, Implementation of the New Source Review program 
     would require installation of air pollution controls when 
     older power plants refineries and other industrial facilities 
     are expanded or significantly changed; and
       Whereas, Earlier this year, New Jersey's largest utility 
     agreed to install state-of-the-art pollution controls on two 
     power plants in the State as part of a settlement with the 
     United States Department of Justice and the Environmental 
     Protection Agency regarding the New Source Review program; 
     and
       Whereas, While this action is a significant step in New 
     Jersey's efforts to control air pollution from in-State 
     sources, there must be strong federal enforcement of clean 
     air standards in upwind states in order to protect the 
     citizens of New Jersey, and out-of-State power plants should 
     be required to install similar state-of-the-art pollution 
     controls in order to achieve lasting improvements in air 
     quality; and
       Whereas, The current proposed federal regulatory changes to 
     the Clean Air Act standards would significantly compromise 
     the gains New Jersey and the nation have made in air 
     pollution control, would undermine the efforts the United 
     States Department of Justice has taken to enforce compliance 
     with federal Clean Air Act requirements, and would be 
     detrimental to the environment and the public health of 
     citizens of this State; Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House urges the President of the United States and 
     the Administrator of the United States Environmental 
     Protection Agency to not weaken federal Clean Air Act 
     requirements. The President and Administrator are further 
     urged to support the lawsuits filed by the United States 
     Department of Justice against power plants and other 
     facilities who have violated the requirements of the federal 
     Clean Air Act.
       Duly authenticated copies of this resolution, signed by the 
     Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and Vice-
     President of the United States, the Speaker of the United 
     States House of Representatives, the majority and minority 
     leaders of the United States Senate and the United States 
     Congress elected from this State, the Administrator of the 
     United States Environmental Protection Agency, and the 
     Commissioner of the New Jersey Department of Environmental 
     Protection.
                                  ____

       POM-317. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to enacting legislation to 
     permit retired members of the Armed Forces with service-
     connected disabilities to be paid both military retired pay 
     and veterans' disability compensation; to the Committee on 
     Armed Services.

                          Assembly Resolution

       Whereas, An obscure 19th Century law requires military 
     retired pay to be offset, dollar for dollar, by the amount of 
     disability compensation received from the Department of 
     Veterans Affairs; and
       Whereas, This longstanding inequity forces thousands of 
     disabled career military retirees to fund their own veterans' 
     disability compensation from their earned military retired 
     pay; and
       Whereas, Retired pay and veterans' disability compensation 
     are two entirely different compensation elements--retired pay 
     is provided to recognize a career of arduous, unformed 
     service while Department of Veterans Affairs disability 
     compensation is recompense for pain, suffering and lost 
     future earning power due to service-connected disabilities; 
     and
       Whereas, Thousands of career officers must forfeit their 
     entire military retired pay because this 19th Century law 
     reduces their retirement benefit by the amount they receive 
     in disability compensation; and
       Whereas, Companion bills pending before the 107th Congress, 
     S. 170 and H.R. 303, would permit retired members of the 
     Armed Forces who have a service-connected disability to 
     receive both military retired pay by reason of their years of 
     military service and disability compensation from the 
     Department of Veterans Affairs; and

[[Page S9421]]

       Whereas, There is significant support in the 107th Congress 
     for this legislation to correct the inequity, as S. 170 has 
     77 cosponsors and H.R. 303 has 379 cosponsors: Now, 
     therefore, be it
       Resolved, by the General Assembly of the State of New 
     Jersey:
       1. The President of the United States and the Congress of 
     the United States is respectfully memorialized to enact the 
     ``Retired Pay Restoration Act of 2001'' as embodied in S. 170 
     and H.R. 303, now pending before the 107th Congress of the 
     United States. These bills would amend Title 10 of the United 
     States Code to permit retired members of the Armed Forces who 
     have a service-connected disability to receive both military 
     retired pay by reason of their years of military service and 
     disability compensation from the Department of Veterans 
     Affairs for their disability.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and Vice 
     President of the United States, the Majority and Minority 
     Leader of the United States Senate, the Speaker and Minority 
     Leader of the United States House of Representatives, and 
     every member of Congress elected from this State.
                                  ____

       POM-318. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to noise reduction of 
     aircraft traffic patterns over New Jersey; to the Committee 
     on Commerce, Science, and Transportation.

                          Assembly Resolution

       Whereas, Residents of New Jersey suffer from extreme and 
     unwarranted levels of intrusive aircraft noise; and
       Whereas, Aircraft noise deprives residents of the full use 
     and benefit of their homes and living areas; and
       Whereas, Aircraft noise contributes to the substantial 
     lowering of property values on residences owned by New Jersey 
     residents; and
       Whereas, The Federal Aviation Administration, hereafter the 
     ``FAA,'' is currently undertaking a major redesign of the 
     aircraft traffic patterns over New Jersey; and
       Whereas, The FAA's stated goals for the redesign include 
     only reducing delays affecting airline schedules, and 
     reducing pilot and air traffic controller workloads, while 
     enhancing safety; and;
       Whereas, The FAA, despite repeated public promises to 
     substantially reduce aircraft noise as part of the redesign, 
     has refused to include such noise reduction as a primary goal 
     of the redesign: now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The President and the Congress of the United States are 
     respectfully memorialized to direct the Federal Aviation 
     Administration to include the reduction of aircraft noise as 
     a major goal in the redesign of aircraft traffic patters over 
     New Jersey.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and the Vice 
     President of the United States, the Speaker of the United 
     States House of Representatives, every member of Congress 
     elected from this State, the Secretary of the United States 
     Department of Transportation, and the Administrator of the 
     Federal Aviation Administration.
                                  ____

       POM-319. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the federal court 
     decision ruling that recitation of the Pledge of Allegiance 
     in public schools in unconstitutional; to the Committee on 
     the Judiciary.

                          Assembly Resolution

       Whereas, In a 2-1 decision, the 9th U.S. Circuit Court of 
     Appeals ruled on June 26, 2002, that the Pledge of Allegiance 
     cannot be recited in public schools because the phrase 
     ``under God'' endorses religion; and
       Whereas, The words of the pledge first appeared in the 
     periodical, The Youth's Companion, in 1892, and the pledge 
     was officially sanctioned by the United States Congress in 
     1942; and
       Whereas, President Dwight D. Eisenhower approved adding the 
     words ``under God'' to the pledge on Flag Day, June 14, 1954; 
     and
       Whereas, In authorizing the additional words, President 
     Eisenhower wrote that ``millions of our schoolchildren will 
     daily proclaim in every city and town, every village and 
     rural schoolhouse, the dedication of our nation and our 
     people to the Almighty''; and
       Whereas, Circuit Judge Ferdinand Fernandez, in his 
     dissenting opinion, noted that such phrases as ``under God'' 
     have ``no tendency to establish religion in this country 
     except in the eyes of those who most fervently would like to 
     drive all tincture of religion out of the public life of our 
     polity''; and
       Whereas, The court decision has been roundly condemned by 
     members of Congress from both sides of the aisle, and the 
     Department of Justice has vowed to fight the ruling: Now, 
     therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House strongly condemns the June 26, 2002, federal 
     court decision declaring the Pledge of Allegiance to be 
     unconstitutional and urges the Department of Justice to 
     appeal the decision immediately and without reservation.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and Vice-
     President of the United States, the Speaker of the House of 
     Representatives, the federal Department of Justice, and every 
     member of Congress elected from this State.
                                  ____

       POM-320. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to Amtrak; to the Committee 
     on Commerce, Science, and Transportation.

                          Assembly Resolution

       Whereas, President David Gunn of the National Rail 
     Passenger Corporation, Amtrak, has warned that without a loan 
     guarantee of $200 million or similar federal support, Amtrak 
     will run out of operating funds in the near future and will 
     have to shut down operations; and
       Whereas, While Federal support appears to be forthcoming to 
     provide a short-term reprieve for Amtrak that will permit it 
     to continue operations until October 1, 2002, such short-term 
     support begs the question of the long-term support for the 
     continuation of national rail passenger service; and
       Whereas, The Federal Government under the Constitution of 
     the United States has the responsibility for the regulation 
     of interstate commerce and has taken on the responsibility by 
     legislation for the creation of an Interstate Highway System 
     and a national airport system, both of which receive 
     substantial financial support from federal appropriations; 
     and
       Whereas, With the formation of Amtrak, the Congress of the 
     United States emphasized the importance of a federal 
     commitment to a national rail passenger system, but now the 
     President of the United States and the federal administration 
     have begun to weaken the federal commitment in favor of 
     actions by the individual states; and
       Whereas, The United States is one Nation and can ill afford 
     a fragmented and decentralized national rail passenger 
     transportation system; and
       Whereas, The dismantling of Amtrak will not only deprive 
     the Nation as a whole of a national rail passenger system but 
     will create an intolerable burden on the individual states, 
     with the Northeastern states in particular being forced to 
     assume responsibility for a $12 billion maintenance backlog 
     on the Northeast Corridor; and
       Whereas, The cost of continuing Amtrak and providing for 
     proper maintenance and repair of its infrastructure is modest 
     compared to the enormous sums spent for the support of the 
     Nation's highways and aviation system; and
       Whereas, In a time of national emergency, a national rail 
     passenger system plays an important role in the national 
     security of the United States, as manifested by the fact that 
     during the September 11, 2001 crisis, the rail system was the 
     only functioning practical interstate transportation 
     operation nationally; and
       Whereas, The dismantling of the Amtrak system would have a 
     disastrous effect on the greater New York-New Jersey 
     metropolitan region, leading to the overburdening of an 
     already heavily burdened road system, the paralysis of the 
     local rail transportation system affecting local commuting 
     into and out of New York City, exacerbating problems of air 
     pollution, leading to economic decline or stagnation which 
     would deleteriously affect federal tax revenues from one of 
     the most productive and vibrant economic regions of the 
     country: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly of the State of New Jersey, for the 
     public policy reasons stated in the preamble of this 
     resolution, memorializes the Congress and the President of 
     the United States to enact a long-term solution to the 
     Nation's rail crisis by providing for the continuation of 
     national passenger rail service by Amtrak.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and Vice 
     President of the United States, the Speaker of the United 
     States House of Representatives, the Majority and Minority 
     leaders of the United States Senate and the United States 
     House of Representatives, and all other members of Congress.
                                  ____

       POM-321. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the cable television 
     industry; to the Committee on Commerce, Science, and 
     Transportation.

                          Assembly Resolution

       Whereas, The ``Cable Communication Policy Act of 1984'' 
     totally deregulated the cable television industry and 
     specifically prohibited the States from regulating either 
     cable rates or cable programming; and
       Whereas, Subsequent to the 1984 deregulation of the cable 
     industry, rapidly escalating cable rates and declining levels 
     of service led to the passage of the ``Cable Television 
     Consumer Protection and Competition Act of 1992'' which 
     essentially restored governmental rate regulation of the 
     cable industry; and
       Whereas, The federal ``Telecommunications Act of 1996'' was 
     adopted to promote greater competition as a means of 
     addressing the cable industry's problems and eliminated most 
     of the ``Cable Television Consumer Protection and Competition 
     Act of 1992'' by the end of 1999, including the phasing out 
     of federal price controls over cable rates; and

[[Page S9422]]

       Whereas, Following passage of the federal 
     ``Telecommunications Act of 1996,'' cable programming service 
     rates have increased by over 60 percent, or of which increase 
     zero percent is attributable to State law, and which 60 
     percent increase represents about seven times the aggregate 
     rate of inflation for the past three years, according to the 
     New Jersey Board of Public Utilities, and federal price 
     controls over most cable rates were terminated on March 31, 
     1999; and
       Whereas, The cable rate increases over the past several 
     years once again indicate that a competitive free market 
     fails to restrain the predatory practices that occur when 
     cable television companies enjoy de facto monopolies 
     unregulated by the areas they serve; and
       Whereas, In light of the cable rate increases of the past 
     few years, it is appropriate for Congress to reconsider the 
     deregulation of the cable television industry as enacted by 
     the federal ``Telecommunications Act of 1996'' and the 
     ``Cable Communications Policy Act of 1984'' and permit States 
     to fully regulate the cable television industry, including 
     the regulation of cable television rates, in order to curb 
     the anti-consumer practices of the cable company, monopolies; 
     and
       Whereas, It is altogether fitting and proper for this 
     House, as representatives of the residents of this State, 
     which itself established a regulatory framework for cable 
     television in the 1972 ``Cable Television Act,'' to call upon 
     Congress to reconsider the deregulation of the cable 
     television industry as enacted by the federal 
     ``Telecommunications Act of 1996'' and the ``Cable 
     Communications Policy Act of 1984'' and permit States to 
     fully regulate the cable television industry, including the 
     regulation of cable television rates: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress of the United States is respectfully 
     memorialized to reconsider the deregulation of the cable 
     television industry and permit States to fully regulate the 
     cable television industry.
       2. That duly authenticated copies of this resolution, 
     signed by the Speaker of the General Assembly and attested to 
     by the Clerk thereof, shall be transmitted to the President 
     of the United States Senate, the Speaker of the United States 
     House of Representatives, and to each Member of Congress from 
     the State of New Jersey.
                                  ____

       POM-322. A resolution adopted by the General Court of the 
     Commonwealth of Massachusetts relative to anti-semitism; to 
     the Committee on Foreign Relations.

                              Resolutions

       Whereas, in 2002, 57 years after the Holocaust, anti-
     Semitism is still among the most enduring and pernicious 
     forms of hate that humankind has known; and
       Whereas, anti-Semitism is on the rise in Europe and many 
     other places around the globe and Jews are being attacked in 
     the streets, synagogues are being vandalized and cemeteries 
     are being desecrated; and
       Whereas, in many corners of the world, Jews are being 
     demonized by political leaders, clergy and the mainstream 
     media; and
       Whereas, Jewish citizens and Jewish institutions in 
     Massachusetts have been targeted for hate mail, hateful 
     speech and hateful acts; and
       Whereas, in the wake of this rising tide of anti-Semitism 
     too many governments and institutions have been silent; and
       Whereas, the time has come to speak out against the wave of 
     hate: Therefore be it
       Resolved, That the Massachusetts General Court urges the 
     Congress of the United States to pass a resolution condemning 
     anti-Semitism and asking other leaders, governments and 
     citizens to speak strongly against the spread of hate; and be 
     it further
       Resolved, That copies of these resolutions be forwarded by 
     the clerk of the House of Representatives to the President of 
     the United States, the Presiding Officer of each branch of 
     Congress and to the Members thereof from this Commonwealth.
                                  ____

       POM-323. A Senate concurrent resolution adopted by 
     Legislature of the State of Louisiana relative to imported 
     seafood; to the Committee on Health, Education, Labor, and 
     Pensions.

                  Senate Concurrent Resolution No. 16

       Whereas, over the past few years there has been an influx 
     of imported seafood being dumped into the United States of 
     America; and
       Whereas, the vast majority of these imported products have 
     come from the countries of Thailand, India, Mexico, Ecuador 
     and Indonesia; and
       Whereas, the magazine, Quick Frozen Foods International 
     noted in a January, 2002 article, that Asian shrimp tested in 
     Germany had traces of an antibiotic called 
     ``chloramphenicol''; and
       Whereas, this antibiotic is banned in the European Union 
     countries because it is believed to cause bone marrow damage; 
     and
       Whereas, because the United States does not require such 
     testing, much of this imported shrimp flooded the American 
     market for prices much lower than American shrimp and may be 
     in violation of anti-dumping laws; and
       Whereas, such flooding of the domestic market has greatly 
     affected the price of American shrimp to levels not seen in 
     twenty years; and
       Whereas, Louisiana residents can help Louisiana fishermen 
     by demanding and buying Louisiana shrimp: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to impose a 
     quota on certain imported seafood such as shrimp; be it 
     further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to support, 
     demand, and insist on testing of all imported seafood 
     products before such products are allowed to enter the 
     country and to require wholesalers to indicate the source and 
     origin after purchase; be it further
       Resolved, That a copy of this Resolution 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-324. A Senate Joint Memorial adopted by the Legislature 
     of the State of Colorado relative to the return of the USS 
     Pueblo to the United States Navy; to the Committee on Foreign 
     Relations.

                      Senate Joint Memorial 02-001

       Whereas, The USS Pueblo, which was attacked and captured by 
     the North Korean Navy on January 23, 1968, was the first 
     United States Navy ship to be hijacked on the high seas by a 
     foreign military force in over 150 years; and
       Whereas, One member of the USS Pueblo crew, Duane Hodges, 
     was killed in the assault while the other 82 crew members 
     were held in captivity, often under inhumane conditions, for 
     11 months; and
       Whereas, The USS Pueblo, an intelligence collection 
     auxiliary vessel, was operating in international waters at 
     the time of the capture, and therefore did not violate North 
     Korean territorial waters; and
       Whereas, The capture of the USS Pueblo has resulted in no 
     reprisals against the government or people of North Korea and 
     no military action was taken at the time of the vessel's 
     capture or at any later date; and
       Whereas, The USS Pueblo, though still the property of the 
     United States Navy, has been retained by North Korea for more 
     than 30 years, was subjected to exhibition in the North 
     Korean cities of Wonsan and Hungham, and is now on display in 
     Pyongyang, the capital city of North Korea; and
       Whereas, United States Senator Ben Nighthorse Campbell 
     recently began a legislative effort in Congress to demand 
     that North Korea return the USS Pueblo to the United States 
     Navy: Now, therefore, be it
       Resolved by the Senate of the Sixty-third General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein:
       That we, the members of the Sixty-third General Assembly, 
     hereby memorialize Congress to demand that the USS Pueblo be 
     returned to the United States Navy; be it further
       Resolved, That copies of this Joint Memorial be transmitted 
     to the President of the United States, George W. Bush; the 
     United States Secretary of Defense, Donald Rumsfeld; the 
     United States Secretary of State, Colin Powell; the United 
     States House of Representatives; and to each member of 
     Colorado's delegation of the United States Congress.
                                  ____

       POM-325. A Resolution adopted by the House of the 
     Commonwealth of Pennsylvania relative to funding for the 
     National Park Service to purchase the Schwoebel Tract, which 
     lies in the boundaries of the Valley Forge National 
     Historical Park; to the Committee on Energy and Natural 
     Resources.

                        House Resolution No. 401

       Whereas, Approximately 460 acres of the 3,466 acres that 
     comprise the Valley Forge National Historical Park are 
     privately owned; and
       Whereas, A 62-acre tract of the privately owned land is 
     currently under consideration as the site of a subdivision 
     for approximately 62 luxury homes; and
       Whereas, The construction of homes within the Valley Forge 
     National Historical Park will detract from the historic and 
     cultural environment the park provides for millions of people 
     who visit each year; and
       Whereas, The owners of the 62-acre tract of land are 
     willing to sell the land to the National park Service: 
     Therefore be it
       Resolved, That the Congress of the United States 
     appropriate sufficient funds for the National Park Service to 
     purchase the privately owned 62-acre tract of land, which 
     will help to ensure the preservation of the park as a 
     national historic site; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the United States 
     Senate and to the presiding officers of each house of 
     Congress and to each member of Congress from Pennsylvania.
                                  ____

       POM-326. A Resolution adopted by the House of the 
     Commonwealth of Pennsylvania relative to Federal relief for 
     steel industry retiree health care costs; to the Committee on 
     Health, Education, Labor, and Pensions.

                        House Resolution No. 488

       Whereas, Much of the domestic steel industry is heavily 
     burdened by overwhelming retiree health care costs, or legacy 
     costs, due to the massive layoffs of the 1970s and 1980s 
     which were necessary to make domestic steel producers some of 
     the most efficient and competitive in this advanced global 
     market; and

[[Page S9423]]

       Whereas, These layoffs increased the retiree-to-employee 
     ratio to nearly three to one and increased the difficulty for 
     domestic steel producers to maintain benefits for retired 
     employees; and
       Whereas, An average of 10% of the costs of a ton of steel 
     goes directly to retiree pension and health care funds for 
     many of the largest producers of steel in the United States; 
     and
       Whereas, Approximately 600,000 retirees, surviving spouses 
     and dependents receive health care benefits from domestic 
     steel companies, with the largest and most vulnerable of 
     these companies providing retiree health care benefits to 
     approximately 100,000 retirees, surviving spouses and 
     dependents; and
       Whereas, Because 29 domestic steel companies have declared 
     bankruptcy since the Asian financial crisis of 1998, retirees 
     health care benefits are at risk as a cost-cutting measure; 
     and
       Whereas, Retirees displaced by plant shutdowns shoulder the 
     burden of their medical costs as they may be unable to afford 
     or qualify for private health insurance programs or may not 
     qualify for Medicare coverage; and
       Whereas, The United Steelworkers of America, realizing the 
     risk to individuals and families, has called for Federal 
     action to protect the health care benefits of domestic 
     steelworker retirees: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and Congress 
     of the United States to take all necessary action to preserve 
     the health care benefits of steel industry retirees; and be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-327. A Joint Resolution adopted by the Assembly of the 
     State of California relative to the Mexicali/Calexico border 
     crossing; to the Committee on the Judiciary.

                    Assembly Joint Resolution No. 35

       Whereas, Persons wishing to cross the international border 
     between Mexico and California have traditionally been subject 
     to long wait times during peak periods; and
       Whereas, An unfortunate byproduct of the heightened 
     security regime implemented since the September 11, 2001, 
     terrorist attacks on the United States has been an increase 
     in already long wait times at the border; and
       Whereas, The economic well-being of the border regions in 
     both the United States and Mexico is dependent on flows of 
     people and goods across the border with a minimum of delay; 
     and
       Whereas, The economy of Imperial County depends heavily on 
     shoppers from Mexico; and
       Whereas, Federal officials have successfully implemented 
     reduced border crossing times for persons qualifying for use 
     of the Secure Electronic Network For Travelers Rapid 
     Inspection (SENTRI) program, which provides access to a 
     dedicated commuter land and uses automated vehicle 
     identification technology at a limited number of United 
     States international border crossings, including the Otay 
     Mesa crossing near Tijuana/San Diego; and
       Whereas, Persons eligible for the SENTRI program have been 
     previously identified as low risk persons who regularly use 
     the border crossing; and
       Whereas, The SENTRI program provides law enforcement with 
     good, solid information about program participants, and 
     avoids the need to continuously inspect these precleared 
     individuals; and
       Whereas, It would be beneficial to commerce and tourism on 
     both sides of the border to implement the SENTRI program at 
     the Mexicali/Calexico border crossing in order to decrease 
     the border wait times for both United States and Mexican 
     citizens; and
       Whereas, The government of the State of Baja California has 
     indicated its interest in expansion of the SENTRI program: 
     Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature respectfully 
     memorializes the United States Congress and federal agencies, 
     including the Immigration and Naturalization Service and the 
     United States Customs Service, to take the necessary steps to 
     implement the SENTRI program at the Mexicali/Calexico border 
     crossing; 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 Chairpersons of the House and Senate 
     Judiciary Committees, to each Senator and Representative from 
     California in the Congress of the United States, and to the 
     Immigration and Naturalization Service and the United States 
     Customs Service.
                                  ____

       POM-328. A Senate Concurrent Resolution adopted by the 
     Legislature of the State of Louisiana relative to the use of 
     Title I funds to address the educational needs of students; 
     to the Committee on Health, Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 22

       Whereas, Title I of the reauthorized Elementary and 
     Secondary Education Act, a federal aid program from which 
     funds flow through the state education agencies to the local 
     education agencies, is a significant funding mechanism of 
     great value to the local school systems in Louisiana that 
     aims to provide extra resources to improve high poverty 
     schools and enable at-risk children to meet challenging state 
     content and student performance standards; and
       Whereas, Louisiana's total Title I allocation for 2001-2002 
     of over one hundred and ninety-one million dollars is 
     distributed to local education agencies and targets eight 
     hundred and seventy-three elementary and secondary schools 
     with the highest percentages of children from low-income 
     families to provide additional academic support and learning 
     opportunities to address the academic needs for the benefit 
     of approximately three hundred, eighty-four thousand and five 
     hundred students throughout the state; and
       Whereas, the state education agency is responsible for 
     monitoring the effective use of Title I dollars through 
     compliance reviews, and may, pursuant to federal regulation, 
     temporarily withhold Title I payments to a local education 
     agency if the state finds that a local education agency is in 
     noncompliance with any applicable federal or state law or 
     regulation or has been notified of a significant irregularity 
     or problem with the administration of the funds based on a 
     certified audit of such funds; and
       Whereas, while a primary goal of Title I is to help 
     disadvantaged students in elementary and secondary schools 
     meet the same high standards expected of all students, 
     continued funding is critical to the academic achievement of 
     all children throughout the state, and any disruption or 
     interruption of services can be devastating to financially 
     strapped local school systems and may limit the opportunities 
     for at-risk students to acquire the knowledge and skills 
     necessary to succeed; and
       Whereas, the Legislature of Louisiana recognizes it is 
     ultimately the responsibility of the local education agencies 
     to document and implement the effective use of federal 
     dollars and meet compliance requirements through federal and 
     state law; and
       Whereas, the Legislature of Louisiana also recognizes that 
     the consequences of any disruption of services will adversely 
     impact the economically and educationally disadvantaged 
     child--the child for whom the program is intended to serve: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana hereby 
     memoralizes the Congress of the United States to request the 
     appropriate officials at the United States Department of 
     Education to review the federal laws and guidelines with 
     respect to assuring that the approved use of Title I funds to 
     address the educational needs of students is not jeopardized 
     in cases in which the management and implementation of such 
     funds by a local education agency are being examined; 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-329. A Resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to a tax 
     credit for companies for the cost of converting from 
     groundwater to reclaimed water and to provide interest free 
     loans to municipalities to construct waste water treatment/
     reclamation projects; to the Committee on Finance.

                        Senate Resolution No. 27

       Whereas, the Federal Energy Policy Bill is being debated in 
     Congress and energy and electricity production are vital to 
     Louisiana; and
       Whereas, merchant power plants and other energy producers 
     currently using groundwater should be encouraged to change to 
     alternative sources; and
       Whereas, the largest producers of waste water in the state 
     are municipalities and many of those rural municipalities are 
     facing tougher standards from the U.S. Environmental 
     Protection Agency to update their waste water treatment 
     systems yet these municipalities lack funding to do so; and
       Whereas, by creating a market for the reclaimed water, the 
     municipalities could justify the loans to build the waste 
     water treatment facilities; and
       Whereas, currently, companies have no incentive to spend 
     the money necessary to convert to surface water or waste 
     water because it is cheaper to mine the pure drinking water 
     from the ground and allowing a tax credit to business to 
     convert to reclaimed water would allow the companies to 
     ultimately save money and to update their water collection/
     cooling systems;
       Whereas, updating company technology would benefit the 
     overall efficiency of the industrial facility and the 
     environment; and
       Whereas, Louisiana farmers would also benefit from 
     increased water resources necessary for irrigation; and
       Whereas, in order for a municipality to get the interest 
     free loan, the municipality must agree to sell the reclaimed 
     water to industry and other buyers at a cost lower than 
     industry pays to mine groundwater: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to provide a tax credit to 
     companies for the cost of converting from groundwater to 
     reclaimed water and provide interest free loans to 
     municipalities to construct waste water treatment/reclamation 
     projects; be it further

[[Page S9424]]

       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 of the United 
     States Congress.
                                  ____

       POM-330. A Resolution adopted by the Senate of the 
     Legislature of the State of Alaska relative to the Pledge of 
     Allegiance; to the Committee on the Judiciary.

                          Senate Resolve No. 2

       Whereas this country was founded on religious freedom by 
     founders, many of whom were deeply religious; and
       Whereas the First Amendment to the United States 
     Constitution embodies principles intended to guarantee 
     freedom of religion both through the free exercise of 
     religion and by prohibiting the government's establishing a 
     religion; and
       Whereas the Pledge of Allegiance was written by Francis 
     Bellamy, a Baptist minister, and was first published in the 
     September 8, 1892, issue of Youth's Companion; and
       Whereas, in 1954, the United States Congress added the 
     words ``under God'' to the Pledge of Allegiance; and
       Whereas President Eisenhower, in adding these words, said 
     ``These words will remind Americans that despite our great 
     physical strength we must remain humble. They will help us to 
     keep constantly in our minds and hearts the spiritual and 
     moral principles which alone give dignity to man, and upon 
     which our way of life is founded.''; and
       Whereas, for nearly 50 years, the Pledge of Allegiance has 
     included references to the United States flag and the 
     country; this country, has been established as a union, 
     ``under God'' being dedicated to securing ``liberty and 
     justice for all''; and
       Whereas, in 1954, the United States Congress believed it 
     was acting constitutionally when it revised the Pledge of 
     Allegiance; and
       Whereas the Senate of the 107th United States Congress 
     believes that the Pledge of Allegiance is not an 
     unconstitutional expression of patriotism; and
       Whereas patriotic songs, engravings on United States legal 
     tender, engravings on federal buildings, and the Preamble to 
     the Constitution of the State of Alaska also contain general 
     references to ``God''; and
       Whereas, in accordance with decisions of the United States 
     Supreme Court, public school students cannot be forced to 
     recite the Pledge of Allegiance without violating their First 
     Amendment rights; and
       Whereas the Congress expects that the United States Court 
     of Appeals for the Ninth Circuit will rehear the case of 
     Newdow v. U.S. Congress, en banc, and resolves to instruct 
     the Senate Legal Counsel to seek to intervene in the case to 
     defend the constitutionality of the Pledge of Allegiance; be 
     it
       Resolved, That the Alaska State Senate concurs with and 
     supports the United States Senate in challenging the United 
     States Court of Appeals for the Ninth Circuit in its decision 
     of Newdow v. U.S. Congress, en banc.
                                  ____

       POM-331. A Senate Concurrent Resolution adopted by the 
     Legislation of the State of Louisiana relative to voluntary 
     prayer in public schools; to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 58

       Whereas, one of the founding principles of the United 
     States of America was the free exercise of religion and 
     religious belief; and
       Whereas, the First Amendment to the Constitution of the 
     United States provides that Congress shall make no law 
     establishing a religion, or prohibiting the free exercise of 
     religion; and
       Whereas, Article I, Section 8, of the Louisiana 
     Constitution of 1974 similarly prohibits the enactment of law 
     respecting an establishment of religion or prohibiting the 
     free exercise of religion; and
       Whereas, a Joint Resolution was introduced in the 107th 
     Congress, 1st Session, proposing an amendment to the 
     Constitution of the United States to provide that neither the 
     United States, nor any state shall establish an official 
     religion, but that the people's right to pray and to 
     recognize their religious beliefs, heritage and traditions on 
     public property, including schools, shall not be infringed; 
     and
       Whereas, the Legislature of Louisiana has repeatedly 
     expressed its support for the concept of voluntary prayer in 
     public schools, including, most recently, a House Concurrent 
     Resolution memorializing Congress to adopt and submit to the 
     states a proposed amendment to the United State Constitution 
     permitting prayer in schools; and
       Whereas, while the United States does not have a provision 
     for a national referendum, Congress may vote to place a 
     national referendum on a constitutional amendment to allow 
     prayer in public schools, thus allowing the true will of the 
     people to be heard: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to adopt and 
     place on the ballot a national referendum on a constitutional 
     amendment to allow voluntary prayer in public schools; be it 
     further
       Resolved, That a copy of this Resolution 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-332. A Senate Concurrent Resolution adopted by the 
     Legislature of the State of Louisiana relative to the 
     creation of a Center of Excellence in Biological and Chemical 
     Warfare Medicine in Louisiana; to the Committee on Health, 
     Education, Labor, and Pensions.

                        Senate Resolution No. 56

       Whereas, with the terrorist attacks on the World Trade 
     Center and the Pentagon on September 11, 2001, and the 
     anthrax attacks on Congress immediately following, Americans 
     became acutely aware of the vulnerability of their homeland 
     to attacks by terrorist organizations; and
       Whereas, it is the duty of every level of government--
     federal, state, and local--to protect the citizens of this 
     country from the consequences of all terrorist activities; 
     and
       Whereas, the resources necessary to provide this protection 
     must be comprehensive so as to prevent, detect, or minimize 
     any terrorist action and must be developed and be available 
     for deployment as quickly as possible; and
       Whereas, because of the state's significant investment in a 
     public hospital system, the close proximity of the Louisiana 
     State University and Tulane University Medical Schools, its 
     widely recognized research facilities at the Pennington 
     Biomedical Research Facility and the Louisiana State 
     University Veterinary School and Agricultural Experiment 
     Stations, Louisiana is uniquely positioned to conduct and 
     coordinate research, clinical trials and applications, 
     education, and outreach activities aimed at developing 
     detection programs, prevention programs, and defenses that 
     would mitigate and minimize the affect that biological and 
     chemical agents would have on people, livestock, and 
     agricultural crops; and
       Whereas, the utilization of the vast compendium of 
     research, clinical applications, and education resources that 
     already exist in Louisiana would facilitate the rapid 
     development of vaccines, pharmaceuticals, and antidotes for 
     the protection of humans, livestock, and agricultural crops 
     from biological and chemical agents deployed by terrorist 
     groups; and
       Whereas, United States Senator Mary Landrieu and members of 
     the Louisiana Congressional Delegation have undertaken 
     efforts to create a Center of Excellence in Biological and 
     Chemical Warfare Medicine which would lead to significant 
     investment of federal funds in public health, animal health, 
     and agricultural crop clinical applications, education, and 
     research infrastructure which already exist in Louisiana 
     thereby making Louisiana the preeminent location in the 
     country for the development of protocols for surveillance, 
     detection, prevention, and treatment for the protection of 
     human and animal life and agricultural crops; and
       Whereas, the designation of Louisiana for such a center 
     would maximize the opportunity for the immediate development 
     of appropriate and effective responses to biological and 
     chemical terrorist activity and, at the same time, provide 
     new economic opportunities for the state in an area that is 
     in the forefront of Louisiana's new economic vision; and
       Whereas, the state of Louisiana has undertaken efforts to 
     become a national leader in the area of biomedical research: 
     Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     hereby expresses full support to the efforts of the Louisiana 
     Congressional Delegation for the creation of a Center of 
     Excellence in Biological and Chemical Warfare Medicine in 
     Louisiana; be it further
       Resolved, That the Senate of the Legislature of Louisiana 
     further expresses that, utilizing the state's vast array of 
     public and private clinical, research, and educational 
     facilities, such a facility is in the best interest of the 
     citizens of this state and this nation; be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate, to 
     the clerk of the United States House of Representatives, and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-333. A Resolution adopted by the House of the General 
     Assembly of the State of North Carolina relative to a 
     Federal/State partnership to use local county veterans 
     service officers to assist the United States Department of 
     Veterans' Affairs in eliminating the veterans claims 
     processing backlog; to the Committee on Veterans' Affairs.

                         House Resolution 1780

       Whereas, the United States presently has a population of 
     over 25 million veterans from its previous wars, with the 
     majority of that veteran population from World War II and the 
     Korean War; and
       Whereas, the World War II and Korean War veteran population 
     is presently over 70 years of age, and that group is passing 
     away at the rate of 1,000 veterans per day; and
       Whereas, the United States government has acknowledged its 
     responsibility to provide medical care or compensation for 
     medical problems, as well as other benefits, to those 
     veterans who served their country in time of war; and
       Whereas, the United States Department of Veterans Affairs 
     is charged with administering the federal benefits program 
     for veterans; and
       Whereas, there presently exists a backlog of over 601,000 
     claims, some of which have been outstanding for one year or 
     more; and

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       Whereas, a significant portion of these claims involve 
     World War II and Korean War veterans, and despite determined 
     efforts by the United States Department of Veterans Affairs 
     to eliminate this backlog, the backlog continues; and
       Whereas, there exists a trained group of individuals known 
     as county veterans service officers located in 37 of the 50 
     states, representing 700 countries and a workforce of over 
     2,400 full-time local government employees; and
       Whereas, these county veterans service officers were 
     established in 1945 after World War II for the purpose of 
     helping returning veterans reenter civilian life, and have 
     continued to do so for all veterans of all wars since then; 
     and
       Whereas, these county veterans service officers are highly 
     trained individuals who have continued to provide assistance 
     to all veterans for over 50 years and are already familiar 
     with the United States Department of Veterans Affairs claim 
     policies and procedures; and
       Whereas, for example, in North Carolina county veterans 
     service officers annually assist North Carolina veterans 
     obtain monetary benefits in excess of $812,000,000 by 
     assisting these veterans in filing over 50,000 claims 
     annually with the United States Department of Veterans 
     Affairs; and
       Whereas, this claims processing backlog needs to be 
     urgently reduced while our World War II and Korean War 
     veterans are still with us; and
       Whereas, the United States Department of Veterans Affairs 
     could enter into a partnership with state and local 
     governments to utilize these highly trained county veterans 
     service officers to eliminate the present claims processing 
     backlog by expanding the county veterans service officers' 
     roles; and
       Whereas, this would be a cost-effective way of reducing the 
     claims processing backlog by eliminating the need for a 
     substantial increase in federal employees; and
       Whereas, these county veterans service officers, as 
     represented by the North Carolina Association of County 
     Veterans Service Officers and the National Association of 
     County Veterans Service Officers, have offered to assist the 
     United States Department of Veterans Affairs in exchange for 
     block grants to the various states based upon each state's 
     veterans population to compensate county veterans service 
     officers for their expanded role; Now, therefore, be it
       Resolved by the House of Representatives:
       Section 1. The House of Representatives urges the Congress 
     of the United States and the President to support and enact 
     legislation that would establish a federal/state partnership 
     to use the knowledge and skills of the local county veterans 
     service officers to assist the United States Department of 
     Veterans Affairs in eliminating the veterans claims 
     processing backlog in order that America's veterans can take 
     advantage of the benefits that the United States has 
     authorized for them for their faithful and loyal service to a 
     grateful nation.
       Section 2. The Principal Clerk shall transmit copies of 
     this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, the Majority Leader of the Senate, and to 
     each Senator and Representative from North Carolina in the 
     Congress of the United States.
       Section 3. This resolution is effective upon adoption.
                                  ____

       POM-334. A Resolution adopted by the Senate of the State of 
     Alaska relative to the Pledge of Allegiance; to the Committee 
     on the Judiciary.

                          Senate Resolve No. 2

       Whereas this country was founded on religious freedom by 
     founders, many of whom were deeply religious; and
       Whereas the First Amendment to the United States 
     Constitution embodies principles intended to guarantee 
     freedom of religion both through the free exercise of 
     religion and by prohibiting the government's establishing a 
     religion; and
       Whereas the Pledge of Allegiance was written by Francis 
     Bellamy, a Baptist minister, and was first published in the 
     September 8, 1892, issue of Youth's Companion; and
       Whereas, in 1954, the United States Congress added the 
     words ``under God'' to the Pledge of Allegiance; and
       Whereas President Eisenhower, in adding these words, said 
     ``These words will remind Americans that despite our great 
     physical strength we must remain humble. They will help us to 
     keep constantly in our minds and hearts the spiritual and 
     moral principles which alone give dignity to man, and upon 
     which our way of life is founded.''; and
       Whereas, for nearly 50 years, the Pledge of Allegiance has 
     included references to the United States flag and the 
     country; this country, has been established as a union, 
     ``under God'' being dedicated to securing ``liberty and 
     justice for all''; and
       Whereas, in 1954, the United States Congress believed it 
     was acting constitutionally when it revised the Pledge of 
     Allegiance; and
       Whereas the Senate of the 107th United States Congress 
     believes that the Pledge of Allegiance is not an 
     unconstitutional expression of patriotism; and
       Whereas patriotic songs, engravings on United States legal 
     tender, engravings on federal buildings, and the Preamble to 
     the Constitution of the State of Alaska also contain general 
     references to ``God''; and
       Whereas, in accordance with decisions of the United States 
     Supreme Court, public school students cannot be forced to 
     recite the Pledge of Allegiance without violating their First 
     Amendment rights; and
       Whereas the Congress expects that the United States Court 
     of Appeals for the Ninth Circuit will rehear the case of 
     Newdow v. U.S. Congress, en banc, and resolves to instruct 
     the Senate Legal Counsel to seek to intervene in the case to 
     defend the constitutionality of the Pledge of Allegiance; be 
     it
       Resolved, That the Alaska State Senate concurs with and 
     supports the United States Senate in challenging the United 
     States Court of Appeals for the Ninth Circuit in its decision 
     of Newdow v. U.S. Congress, en banc.
                                  ____

       POM-355. A Resolution adopted by the Senate of the State of 
     Texas relative to bestowing the Congressional Medal of Honor 
     to a citizen of the State of Texas; to the Committee on Armed 
     Services.

                       Senate Resolution No. 1206

       Whereas, World War II hero Doris ``Dorie'' Miller exhibited 
     unparalleled courage during the attack on Pearl Harbor, and 
     this bravery has not received the just honors and recognition 
     it merits; and
       Whereas, A native Texan, Dorie was born in Waco in 1919 and 
     enlisted in the United States Navy in 1939; and
       Whereas, Dorie's ship, the USS West Virginia was among 
     those attacked in the early morning of December 7, 1941; and
       Whereas, With little regard for his own personal safety, 
     the 22-year-old Dorie assisted his mortally wounded captain 
     out of the line of fire to shelter; and
       Whereas, While struggling back to the bridge amid heavy 
     fire and detonating bombs, Dorie came upon a machine gun 
     whose gunner had been killed; although Dorie had never been 
     trained to use the weapon, he began firing at the Japanese 
     planes with telling effect and continued firing until the 
     crew was ordered to abandon the ship; and
       Whereas, For his heroism on board the West Virginia, Dorie 
     Miller received the Navy Cross, the United States Navy's 
     highest honor, from Admiral Chester Nimitz during a ceremony 
     on the flight deck of the USS Enterprise at Pearl Harbor on 
     May 27, 1942; Dorie was the first African American to receive 
     the award; and
       Whereas, Later assigned to the USS Liscome Bay in the 
     Pacific, Dorie was on board on November 24, 1943, when the 
     light aircraft carrier was sunk by a submarine; 272 sailors 
     survived but 646 were lost, and Dorie was officially presumed 
     dead a year and a day after the carrier went down; and
       Whereas, Citizens across the State of Texas believe that 
     Dorie Miller should be awarded the highest honor that a 
     member of the United States Armed Forces can receive, the 
     Congressional Medal of Honor; a man of great gallantry, Dorie 
     Miller is entitled to the respect and gratitude of our 
     nation; Now, therefore, be it
       Resolved, That the Senate of the State of Texas, 77th 
     Legislature, hereby respectfully request the Congress of the 
     United States of America to bestow on Doris Miller the 
     Congressional Medal of Honor; and, be it further . . . .

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