[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Pages S1971-S1976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S1971]]

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                                 Senate

                        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-33. A resolution adopted by the Legislature of the 
     State of California relative to military reserve personnel; 
     to the Committee on Armed Services.

                        Joint Resolution No. 26

       Whereas, The military reserve forces of the United States 
     provide a valuable service to the citizens of the United 
     States; and
       Whereas, Military reserve personnel make up 60 percent of 
     the total armed forces of the United States; and
       Whereas, The reserve forces of the United States military 
     provide for the continuing freedom and pursuit of democracy 
     throughout the world; and
       Whereas, The military reserve upholds our values and 
     beliefs in times of peace as well as war; and
       Whereas, Evidence suggests the members of the military 
     reserve may be discriminated against due to their reserve 
     status when applying for financing; and
       Whereas, The discrimination results in members of the 
     military reserve being charged higher interest rates for 
     loans due to their reserve status; and
       Whereas, This discrimination is an attempt to circumvent 
     the Soldiers and Sailors Relief Act of 1940; and
       Whereas, The Soldiers and Sailors Relief Act of 1940 
     specifies that should a member of the military reserve be 
     called to active duty, that person's outstanding loans shall 
     be capped at a 6 percent interest rate should the soldier 
     prove that his or her active duty status would put him or her 
     in financial hardship; and
       Whereas, The practice of subprime lending based on reserve 
     status is not prohibited by federal law; and
       Whereas, California has taken the lead in protecting the 
     military reserve and the National Guard in California through 
     Assembly Bill 120 of the 2001-02 Regular Session; and
       Whereas, We must protect the interest of our military 
     reserve personnel in order to preserve military readiness and 
     morale; and
       Whereas, The federal government must stand firm in 
     upholding the rights and duties of the military reserve and 
     continue to demonstrate leadership in the implementation of a 
     strong military force: Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California jointly, That the Legislature of the State of 
     California memorializes the President and Congress of the 
     United States to do all of the following:
       (a) Stand firm in protecting the financial interest of 
     military reserve personnel.
       (b) Enact new legislation that strengthens the provisions 
     of the Soldiers and Sailors Relief Act of 1940.
       (c) Look into the practice of predatory lending against 
     military reservists based on their reserve status.
       (d) Enact legislation that makes it a crime to discriminate 
     against military reserve personnel based on reserve status 
     when applying for financing; 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 and to all members of Congress of the 
     United States.
                                  ____

       POM-34. A resolution adopted by the Legislature of the 
     State of California relative to the reunification of Cyprus 
     and its accession to the European Union; to the Committee on 
     Foreign Relations.

                    Assembly Joint Resolution No. 48

       Whereas, For 27 years Turkey has illegally occupied 37 
     percent of the territory of the Republic of Cyprus and during 
     that time has continually violated the will of the 
     international community, including the United States and the 
     United Nations, that Turkey cease its illegal occupation of 
     Cyprus; and
       Whereas, It is the position of the United States government 
     that a political settlement to the Cyprus problem should be 
     based on United Nations Security Council Resolutions; and
       Whereas, These resolutions provide that a Cyprus settlement 
     must be based on a State of Cyprus with a single sovereignty 
     and international personality and a single citizenship, with 
     its independence and territorial integrity safeguarded, and 
     comprising two politically equal communities as described in 
     the relevant Security Council resolutions, in a bicommunal 
     and bizonal federation; and
       Whereas, The resumption of direct talks in January 2002, in 
     the context of the Good Offices of the Secretary General, to 
     find a just and viable solution to the Cyprus problem is an 
     encouraging development that should be sustained and 
     intensified in order to arrive, by the target date of June 
     2002, to an agreement; and
       Whereas, The members of the Security Council, reiterated, 
     on April 4, 2002, their full support for the negotiating 
     process and for the Secretary General's mission entrusted to 
     him by the Security Council in Security Council Resolution 
     1250, which was adopted on June 29, 1999, and urged the 
     leaders to work for reaching a comprehensive settlement and 
     takes full consideration of the relevant United Nations 
     Resolutions and Treaties; and
       Whereas, A peaceful, just, and lasting solution to the 
     Cyprus problem would greatly benefit the security and the 
     political, economic and social well-being of all Cypriots, as 
     well as contribute to improved relations between Greece and 
     Turkey, and will serve the interests of the United States in 
     the region; and
       Whereas, Security, reconciliation, and prosperity for all 
     Cypriots can be best achieved within the context of 
     membership in the European Union which will provide 
     significant rights and obligations for all Cypriots; and
       Whereas, The prospect of Cyprus' accession to the European 
     Union has acted as a catalyst for the resumption of the talks 
     aimed at reaching a solution of the Cyprus problem: Now, 
     therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature calls upon the 
     President of the United States to increase the 
     administration's efforts to encourage initiatives that will 
     help promote and achieve reunification, reconciliation, 
     stability, and prosperity in Cyprus within the context of the 
     ongoing efforts under the United Nations Secretary General's 
     auspices and on the basis of the relevant United Nations 
     Security Council Resolutions; and be it further
       Resolved, That the Assembly and Senate of the State of 
     California, jointly, request the United States government to 
     continue to strongly support the accession of Cyprus to the 
     European Union, without a settlement of the Cyprus problem 
     being a precondition for accession; 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 United States 
     House of Representatives, and to each Senator and 
     Representative in the Congress of the United States.
                                  ____

       POM-35. A resolution adopted by the Legislature of the 
     State of California relative to

[[Page S1972]]

     disabled military retirees; to the Committee on Armed 
     Services.

                    Assembly Joint Resolution No. 34

       Whereas, A penalty is imposed against disabled military 
     retirees for concurrent receipt of retirement and disability 
     compensation; and
       Whereas, If a member of the armed forces retires with 20 or 
     more year of service to this country, earning retirement 
     compensation, and this same retiree has a major disability 
     resulting from wounds or service connected activities, $1 
     from his or her retirement check is deducted for each dollar 
     of disability payment received; and
       Whereas, This law requires retired military personnel to do 
     something no one else in America is obligated to do--pay for 
     their own disability; and
       Whereas, For many years, veterans' organizations and 
     disabled veterans battled to change this law; and
       Whereas, Last year, Congress recognized that disabled 
     military retirees had a legitimate complaint and introduced 
     legislation that was designed to correct this policy; and
       Whereas, Included within the National Defense Authorization 
     Act For Fiscal Year of 2002 is legislation that will end this 
     discriminatory practice of deducting disability compensation 
     from retirement pay. However, the legislation will be 
     effective only if the President requests money to cover its 
     costs in his next budget; and
       Whereas, These disabled military retirees fought in World 
     War II, Korea, Vietnam, the Persian Gulf and a dozen brush 
     fire wars in unremembered countries, risking everything for 
     our country. They gave of their youth and health, only to be 
     retired with a disability that they are forced to pay for out 
     of their own pockets; and
       Whereas, The discrimination our country has displayed for 
     its disabled military retirees should not be passed on to 
     those young people who are now fighting our War Against 
     Terrorism: Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly. That the Legislature of the State of 
     California respectfully memorializes the Congress and the 
     President of the United States to urge the Congress of the 
     United States to fund the National Defense Authorization Act 
     For Fiscal Year of 2002, to eliminate the penalty imposed 
     against disabled military retirees for concurrent receipt of 
     retirement and disability compensation; 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, and to the Speaker of the House of 
     Representatives, the President of the Senate; and each Member 
     in the Congress of the United States.
                                  ____

       POM-36. A resolution adopted by the Legislature of the 
     State of California relative to the extradition of Criminals; 
     to the Committee on Foreign Relations.

                    Assembly Joint Resolution No. 63

       Whereas, The Mexican Supreme Court ruled in October 2001 
     that Mexico will not extradite criminals who face life 
     sentences in the United States; and
       Whereas, The United States Constitution prohibits states 
     from entering into treaties with foreign governments to 
     protect their citizens and arrange extradition for criminals; 
     and
       Whereas, The person or persons responsible for the April 
     29, 2002, murder of Los Angeles County Sheriff Deputy David 
     March is believed to have fled to Mexico to avoid 
     prosecution; and
       Whereas, California and other states must rely upon the 
     federal government to resolve this issue of national 
     importance; and
       Whereas, The Attorney General from each of the 50 states 
     has asked United States Attorney General John Ashcroft and 
     United States Secretary of State Colin Powell to address this 
     extradition issue with their counterparts in Mexico: Now, 
     therefore, be it
       Resolved, by the Assembly and Senate of the State of 
     California, jointly. That the extradition from Mexico of all 
     criminals who face life sentences is a matter of urgent and 
     enduring importance to the State of California; and be it 
     further.
       Resolved, That California's Senators and Members of the 
     House of Representatives should take all prudent and 
     necessary steps to ensure that this matter is addressed at 
     the highest levels of our federal government; and be it 
     further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President of the United 
     States, the United States Attorney General, the United States 
     Secretary of State, and to each member of the Congress of the 
     United States.
                                  ____

       POM-37. A resolution adopted by the Legislature of the 
     State of California relative to the Armenian Genocide; to the 
     Committee on the Judiciary.

                    Assembly Joint Resolution No. 44

       Whereas, One and one-half million men, women, and children 
     of Armenian descent were victims of the brutal genocide 
     perpetrated by the Ottoman Empire from 1915 to 1923; and
       Whereas, The Armenian Genocide and massacre of the Armenian 
     people have been recognized as an attempt to eliminate all 
     traces of a thriving and noble civilization over 3,000 years 
     old; and
       Whereas, To this day revisionists still inexplicably deny 
     the existence of these horrific events; and
       Whereas, By consistently remembering and openly condemning 
     the atrocities committed against the Armenians, California 
     residents demonstrate their sensitivity to the need for 
     constant vigilance to prevent similar atrocities in the 
     future; and
       Whereas, Recognition of the 87th anniversary of this 
     genocide is crucial to preventing the repetition of future 
     genocides and educating people about the atrocities connected 
     to these tragic events; and
       Whereas, Armenia is now a free and independent republic, 
     having embraced democracy following the dissolution of the 
     Soviet Union; and
       Whereas, California is home to the largest population of 
     Armenians in the United States, and those citizens have 
     enriched our state through their leadership in the fields of 
     business, agriculture, academia, medicine, government, and 
     the arts and are proud and patriotic practitioners of 
     American citizenship: 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 designates April 24, 2002, as ``California 
     Day of Remembrance for the Armenian Genocide of 1915-1923''; 
     and be it further
       Resolved, That the State of California respectfully 
     memorializes the Congress of the United States to likewise 
     act to commemorate the Armenian Genocide; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President of the United 
     States, Members of the United States Congress, the Governor, 
     and Armenian churches and commemorative organizations in 
     California.
                                  ____

       POM-38. A resolution adopted by the Legislature of the 
     State of California relative to commending Title IX of the 
     Education Amendments of 1972; to the Committee on Health, 
     Education, Labor, and Pensions.

                    Assembly Joint Resolution No. 47

       Whereas, June 23, 2002, marks the celebration of the 30th 
     anniversary of Title IX of the Education Amendments enacted 
     by the United States Congress and signed into law in 1972, 
     and upon this occasion, it is deserving of special public 
     commendations; and
       Whereas, Title IX of the Education Amendments of 1972, 
     which is one of the most significant pieces of federal 
     legislation passed in the 20th century, prohibits 
     discrimination on the basis of sex in education programs and 
     activities at education institutions that receive federal 
     funds, and it is an omnibus education law affecting all 
     curricular and extracurricular offerings, from medicine, law, 
     and science to drama, dance, and athletics; and
       Whereas, Girls and women throughout the ages that 
     participated in a variety of sports and physical activities 
     in school, community, and club programs; and
       Whereas, Prior to the passage of Title IX, there were few 
     opportunities for girls and women to participate in high 
     school or college athletics; and
       Whereas, Participation in sports in acknowledged as a 
     positive force in developing and promoting physical, mental, 
     moral, social, and emotional well-being, and it is well-
     established that participation in athletics builds self-
     esteem, communication skills, discipline, and perserverance, 
     all qualities that make a positive and significant 
     difference in the quality of life and in the level of 
     accomplishment; and
       Whereas, Participation in girls youth and high school 
     sports leagues has risen to a record level, and participation 
     by female collegiate athletes now represents 41 percent of 
     all varsity athletes; and
       Whereas, Girls who participate in sports have the 
     opportunity to develop strong interpersonal relationships 
     while learning teamwork, goal-setting, and other achievement-
     oriented behaviors; and
       Whereas, Participation in athletics strengthens family 
     bonds between young women and their parents who may have 
     participated in athletics themselves, and engaging in 
     physical activities and sporting events as a family unit 
     further enhances family bonds; and
       Whereas, Teenage female athletes are less likely to use 
     marijuana, cocaine, or other illicit drugs, less likely to be 
     suicidal, less likely to smoke, and more likely to have 
     positive body images than female nonathletes, and women 
     student athletes graduate at a significantly higher rate than 
     women students in general; and
       Whereas, Teenage female athletes are 50 percent less likely 
     to become pregnant as female nonathletes, less likely to have 
     sex as teenagers than female nonathletes, and more likely to 
     postpone their first sexual experience than female 
     nonathletes; and
       Whereas, Many female athletes have distinguished themselves 
     as representatives of California and the nation in 
     international competition and the Olympic Games, and during 
     the 2000 Summer Olympics, women competed for the first time 
     in the same number of team sports as men; and
       Whereas, Professional female athletes now compete in 
     leagues such as the Women's United Soccer Association, the 
     Women's National Basketball Association, the Women's Tennis 
     Association, the Ladies Professional Golf Association, 
     Women's Professional Softball League, and the Women's 
     Professional Football League, and the United States 
     Professional Volleyball League will launch in 2002; and
       Whereas, The increased visibility of female athletes 
     provide people, young and old, female and male, with positive 
     role models,

[[Page S1973]]

     and many women agree that seeing successful female athletes 
     make them feel great pride as women; and
       Whereas, Title IX continues to break down the gender 
     barriers in educational institutions, giving women the 
     opportunity to strive and achieve for excellence and realize 
     the best with themselves; and
       Whereas, Women of all ages should be encouraged to compete 
     and contribute to sports at all levels of competition and to 
     ensure opportunity for the next generation of female athletes 
     and sports leaders as we enter the new millennium: Now 
     therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the President and Congress of the 
     United States to do all of the following:
       (1) Stand firm in their resolve to uphold the intent and 
     substance of the current provision of Title IX of the 
     Education Amendments of 1972.
       (2) Pursue a strong enforcement policy for Title IX of the 
     Education Amendments of 1972 and strengthen the compliance 
     and enforcement policies of the U.S. Department of 
     Education's Office for Civil Rights (OCR).
       (3) Support the continuation of the strong compliance 
     standards that are currently in place for Title IX of the 
     Education Amendments of 1972.
       (4) Encourage all Americans to participate in the national 
     celebration, ``Celebrating 30 Years of Title IX''; and be it 
     further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President of the United 
     States and to all Members of Congress of the United States.
                                  ____

       POM-39. A joint resolution adopted by the Senate of the 
     State of California relative to stem cell research; to the 
     Committee on Health, Education, Labor, and Pensions.

                     Senate Joint Resolution No. 38

       Whereas, The United States is a world leader in the 
     discovery and invention of technology that improves the 
     health and quality of lives of individuals; and
       Whereas, California is a state whose scientific 
     achievements and research regarding recombinant DNA outstrip 
     the rest of the country; and
       Whereas, California's success with respect to biotechnology 
     is largely attributable to the freedom of researchers to 
     perform pioneering work at the frontiers of scientific 
     discovery; and
       Whereas, The biotechnology industry contributes to the 
     growth of the state and national economy, and produces a 
     significant amount of jobs and revenue; and
       Whereas, Therapeutic cloning promises to be the next field 
     of rapid progress in the realm of biotechnology; and
       Whereas, Scientists confirm that embryonic stems cells hold 
     far more potential than adult stem cells as to the 
     development of treatments and cures for disease; and
       Whereas, A prohibition on stem cell research would stifle 
     scientific innovation, diminish the ability of biomedical 
     companies to maintain the nation's role as the reigning world 
     leader in biotechnology and biomedicine, drive talented 
     scientists outside the country, and set the United States 
     decades behind other nations in the development of medical 
     therapies; and
       Whereas, An estimated 128 million Americans suffer the 
     debilitating physiological, economic, and emotional burdens 
     of chronic and degenerative diseases, including diabetes, 
     heart disease, Parkinson's disease, spinal cord injury, 
     cancer, and Alzheimer's disease; and
       Whereas, The cost of treatment for these diseases and of 
     lost productivity totals hundreds of billions of dollars 
     every year; and
       Whereas, Stem cell research provides a critical means to 
     unlock fundamental questions of cellular biology that are key 
     to curing cancer; and
       Whereas, Stem cell research has immense potential to 
     provide medical therapies to cure and treat many other 
     debilitating diseases; and
       Whereas, A prohibition on stem cell research and 
     therapeutic cloning will deny over one-third of Americans 
     their foremost opportunity for a cure or effective treatment 
     for disease, by denying scientists the chance to develop 
     efficient medications and therapies; and
       Whereas, The United States has historically been a haven 
     for scientific inquiry and technological innovation, and this 
     environment of scientific openness, coupled with a commitment 
     of public and private resources, has made this country the 
     reigning leader in the fields of biomedicine and 
     biotechnology; and
       Whereas, California's biomedical industry constitutes a 
     significant portion of the state's economy, employing over 
     225,000 Californians in over 2,500 companies, investing more 
     than $2.1 billion in research, and creating $12.8 billion in 
     wages and salaries worldwide as well as revenues of nearly 
     $7.8 billion; and
       Whereas, The biomedical industry would be considerably 
     harmed by a prohibition of stem cell research and therapeutic 
     cloning; and
       Whereas, Proposed federal legislation that imposes barriers 
     to this research prioritizes the religious values of a 
     national minority ahead of the public health interests of 
     Californians and all Americans, criminalizes the legitimate 
     pursuit of effective medical therapy, and prevents physicians 
     from fulfilling their moral and professional obligation to 
     offer patients the best treatment available: Now, therefore, 
     be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the President and Congress of the 
     United States to reject legislation that inappropriately 
     impedes the progress of medical science by impeding stem cell 
     and therapeutic cloning research, and denies Americans legal 
     access to effective medical therapies; and be it further
       Resolved, That the Legislature memorializes the President 
     and Congress of the United States to enact legislation that 
     would do all of the following:
       (1) Impose a ban on reproductive cloning.
       (2) Permit research involving therapeutic cloning, 
     including the derivation of or use of stem cells from any 
     source.
       (3) Establish a process to facilitate the donation of 
     material containing stem cells to researchers and ensure this 
     material is donated by informed participants who provide 
     written consent.
       (4) Establish guidelines to oversee stem cell research 
     conducted in the United States to ensure that this research 
     is safe and is conducted within appropriate medical, ethical, 
     and moral parameters; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the Senate Committee on Rules, the 
     Speaker of the Assembly, the Chair of the Senate Committee on 
     Health and Human Services, and the Chair of the Assembly 
     Committee on Health, and to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-40. A joint resolution adopted by the Senate of the 
     State of California relative to Trade with Cuba; to the 
     Committee on Foreign Relations.

                     Senate Joint Resolution No. 39

       Whereas, The relationship between the United States and 
     Cuba has long been marked by tension and confrontation; and
       Whereas, Further heightening this hostility is the 40-year-
     old United States trade embargo against the island nation, 
     which remains the longest-standing embargo in modern history; 
     and
       Whereas, Cuba imports nearly a billion dollars' worth of 
     food every year, including approximately 1,100,000 tons of 
     wheat, 420,000 tons of rice, 37,000 tons of poultry, and 
     60,000 tons of dairy products; and
       Whereas, These amounts are expected to grow significantly 
     in coming years as Cuba slowly recovers from the severe 
     economic recession it has endured following the withdrawal of 
     subsidies from the former Soviet Union in the last decade; 
     and
       Whereas, California is the top agricultural producer and 
     exporter in the Nation, a position it has held for 50 years, 
     with an enormous variety of crops and great growing 
     conditions; and
       Whereas, California's production values are more than $26 
     billion annually; and
       Whereas, California is, therefore, ideally positioned to 
     benefit from the market opportunities that free trade with 
     Cuba would provide; and
       Whereas, Rather than depriving Cuba of agricultural 
     products, the United States embargo succeeds only in driving 
     sales to competitors in other countries that have no such 
     restrictions; and
       Whereas, In recent years, Cuba has developed important 
     pharmaceutical products, namely, a new meningitis-B vaccine 
     that has virtually eliminated the disease in Cuba; and
       Whereas, These products have the potential to protect 
     Americans against diseases that continue to threaten large 
     populations around the world; and
       Whereas, Cuba's potential oil reserves have attracted the 
     interest of numerous other countries that have been helping 
     Cuba develop its existing wells and search for new reserves, 
     and Cuba's oil output has increased more than 400 percent 
     over the last decade; and
       Whereas, The United States' trade, financial, and travel 
     restrictions against Cuba hinder California's exports of 
     agricultural and food products and our ability to import 
     critical energy products, the treatment of illnesses 
     experienced by Californians, and the right of Californians to 
     travel freely: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California hereby respectfully urges the President and 
     Congress of the United States to consider the removal of 
     trade, financial, and travel restrictions relating to Cuba; 
     and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Speaker of the House of Representatives, 
     and to each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-41. A joint resolution adopted by the Senate of the 
     State of California relative to international investment 
     agreements; to the Committee on Finance.

                     Senate Joint Resolution No. 40

       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 Americas (FTAA), bilateral agreements such as the 
     United States-Chile agreement, the investment chapter of the 
     North American Free Trade

[[Page S1974]]

     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 
     groundwater 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 takings law and 
     deference to legislative determinations on protecting the 
     public interest; and
       Whereas, Investment rules do not safeguard any category of 
     law from investor complaints, including, but not limited to, 
     laws, passed in the interest of protecting human or animal 
     health, environmental resources, humans 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 groundwater 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, which urged federal trade negotiators not to 
     commit the United States to further investor-to-state dispute 
     provisions such as those pending under NAFTA; 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; and the 
     National Association of Attorneys General, which has 
     encouraged Congress to ensure that foreign investors receive 
     no greater rights to financial compensation than those 
     afforded our citizens in any new international trade 
     agreements: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the President and 
     Congress of the United States that the Congress and the 
     United States Trade Representative should preserve the 
     traditional powers of state and local governments by 
     requiring that negotiators of international investment 
     agreements do all of the following:
       (a) Either carve out state and local governments from the 
     scope of future investment agreements or exclude investor-to-
     state disputes from investment agreements.
       (b) Ensure that international investment rules do not give 
     greater rights to foreign investors than United States 
     investors enjoy under the United States Constitution.
       (c) 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 competition.
       (d) 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.
       (e) Provide that an investors' home government must consent 
     to the investor's claim against its host government, if 
     investor-to-state disputes are retained; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United states, to the United States Trade Representative, to 
     the Speaker of the House of Representatives, and to each 
     Senator and Representative from California in the Congress of 
     the United States.
                                  ____

       POM-42. A joint resolution adopted by the Senate of the 
     State of California relative to permanent resident alien 
     airport security screeners; to the Committee on the 
     Judiciary.

                     Senate Joint Resolution No. 41

       Whereas, On November 19, 2002, all airport security 
     screeners become federal employees and must become United 
     States citizens or lose their jobs; and
       Whereas, Almost 80 percent of the current security 
     screeners at the San Francisco International Airport are 
     noncitizens; and
       Whereas, Many of these employees are well trained and have 
     years of experience as airport security screeners; and
       Whereas, San Mateo and San Francisco Counties are already 
     reeling from the economic recession and termination of 
     qualified airport security screeners would cause further 
     disruption to the local economy; and
       Whereas, On December 14, 2001, and December 17, 2001, 
     respectively, S. 1829 and H.R. 3505, two identical measures 
     both titled the Airport Security Personnel Protection Act, 
     were introduced in the United States Senate and the United 
     States House of Representatives; and
       Whereas, These measures provide for transitional employment 
     for qualified lawful permanent resident alien airport 
     security screeners until their naturalization processes are 
     completed on an expedited basis as required by the measures: 
     Now therefore, be it
       Resolved by the Senate and assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California hereby urges the Congress of the United States to 
     enact either S. 1829 or H.R. 3505, or both, without the 
     provisions that provide for an expedited naturalization 
     process, as the Airport Security Personnel Protection Act; 
     and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the United States Congress.
                                  ____

       POM-43. A joint resolution adopted by the Senate of the 
     State of California relative to child care and development 
     block grant; to the Committee on Health, Education, Labor, 
     and Pensions.

                     Senate Joint Resolution No. 42

       Whereas, The United States Congress enacted the Child Care 
     and Development Block Grant Act of 1990, now known as the 
     Child Care and Development Block Grant (CCDBG), pursuant to 
     the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508), 
     to provide federal funding for child care subsidies for low-
     income families and for initiatives to improve the quality of 
     child care; and
       Whereas, Congress set up the block grant in its current 
     form in 1996 when it passed the Personal Responsibility and 
     Work Opportunity Reconciliation Act (P.L. 104-193), often 
     referred to as ``welfare reform,'' and authorized federal 
     funding for the CCDBG only through fiscal year 2002; and
       Whereas, Congress will be considering this year a 
     reauthorization of funding for the CCDBG; and
       Whereas, Making more quality child care available will help 
     support a vibrant economy, allow families to find and keep 
     jobs, and prepare the workforce of the future; and
       Whereas, Studies repeatedly have shown that good quality 
     child care, which provides a loving, safe, and stable 
     environment, helps children enter school ready to succeed, 
     improve their skills, and stay safe while their parents work; 
     and
       Whereas, The positive impact of good quality child care is 
     even greater for low-income children, yet in many 
     communities, families cannot find adequate and affordable 
     care; and
       Whereas, Child care is unaffordable for many families, and 
     many low-income parents who are unable to obtain help paying 
     for child care are forced to make impossible choices, 
     including whether to pay rent, food or child care or whether 
     to choose less expensive, but potentially detrimental, care 
     for their children, and, for some parents, having no choice 
     but to return to welfare; and
       Whereas, The CCDBG is the primary source of support for 
     families who cannot afford the quality child care that is 
     critical to their ability to find and keep a job and to 
     prepare their children to succeed in school; and
       Whereas, Through the CCDBG, each state, including 
     California, receives both ``mandatory'' funds, which are 
     automatically available each year although states must 
     contribute a match to receive these funds, and 
     ``discretionary'' funds, which are available without a match 
     but must be appropriated by Congress each year; and
       Whereas, The reauthorization of the CCDBG offers an 
     opportunity to continue state child care assistance efforts 
     and to increase both mandatory funding for the next five 
     years and discretionary funding for fiscal year 2003: Now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the United States Congress to approve 
     legislation that increases and reauthorizes funding for the 
     Child Care and Development Block Grant; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Speaker of the House of Representatives, 
     the Majority Leader of the Senate, and each Senator and 
     Representative from California in the Congress of the United 
     States.
                                  ____

       POM-44. A joint resolution adopted by the Senate of the 
     State of California relative to California fire service 
     terrorism preparedness; to the Committee on Appropriations.

                     Senate Joint Resolution No. 48

       Whereas, California has experienced numerous large-scale 
     disasters including fires, earthquakes, floods, and 
     landslides, to which the California Fire Service has 
     responded and mitigated further destruction in their mission 
     as first responders; and
       Whereas, Following the events of September 11, 2001, the 
     threat of terrorism adds critical new dimensions to the 
     preparedness for first responders responsible for the rescue 
     and safety of California citizens; and
       Whereas, The California Metropolitan Fire Chiefs have 
     compiled a comprehensive inventory, totaling $200,000,000, in 
     training and equipment needs necessary to elevate the 
     capabilities of the state's Fire Service to an appropriate 
     level in order to meet current requirements for readiness, 
     including the bolstering of fire department resources and 
     training throughout the state; and
       Whereas, It is imperative that all Statewide Fire Service 
     first responders have available to them personal protection 
     equipment in the event their duties require exposure to

[[Page S1975]]

     incidents involving nuclear, biological, or chemical devices 
     designed as tools of terrorism or weapons of mass 
     destruction; and
       Whereas, It is critical that all Statewide Fire Service 
     first responders receive training that is specially designed 
     to adequately prepare them for weapons of mass destruction 
     events: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California requests the President and Congress of the United 
     States to make sufficient funds available to California to 
     support the state's Fire Service first responder preparedness 
     needs; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to Senate Majority Leader Tom Daschle, to 
     Senate Minority Leader Trent Lott, to House Speaker J. Dennis 
     Hastert, to House Minority Leader Richard Gephardt, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-45. A joint resolution adopted by the Senate of the 
     State of California relative to human exposure to 
     environmental chemicals; to the Committee on Health, 
     Education, Labor, and Pensions.

                     Senate Joint Resolution No. 49

       Whereas, In 1999, the federal Centers for Disease Control 
     and Prevention (CDC) issued its first National Report on 
     Human Exposure to Environmental Chemicals, a new publication 
     that provides an ongoing assessment of the United States 
     population's exposure to environmental chemicals using 
     biomonitoring; and
       Whereas, ``Environmental chemical'' means a chemical 
     compound or chemical element present in air, water, soil, 
     dust, food, or other environmental media, and 
     ``biomonitoring'' is the assessment of human exposure to 
     chemicals by measuring the chemicals or their metabolites in 
     human specimens, such as blood or urine collected in the 
     representative survey known as the National Health and 
     Nutrition Examination Survey (NHANES); and
       Whereas, It is important to know which chemicals are stored 
     in the body because they act as a ``reservoir'' for continued 
     exposure, with potentially serious health consequences, since 
     a chemical that accumulates in the body over time can 
     increase the potential for disease to occur; and
       Whereas, The first edition of the National Report on Human 
     Exposure to Environmental Chemicals presents levels of 27 
     environmental chemicals measured in the United States 
     population, including metals such as lead, mercury, uranium, 
     cotinine, a marker of tobacco smoke exposure, and 
     organophosphate pesticide metabolites, as well as phthalates; 
     and
       Whereas, The National Report on Human Exposure to 
     Environmental Chemicals determines the toxic substances to 
     which Americans are exposed, as well as populations at risk, 
     volumes of toxic substances used, and exposure trends; and
       Whereas, The National Report on Human Exposure to 
     Environmental Chemicals determines whether interventions to 
     reduce exposure have been effective; and
       Whereas, In collaboration with other federal agencies, the 
     National Report on Human Exposure to Environmental Chemicals 
     provides additional information on interpreting lab 
     measurements, including potential sources of exposure and 
     human toxicity; and
       Whereas, The next National Report on Human Exposure to 
     Environmental Chemicals is due to be issued by December 2002 
     and will analyze 75 chemicals; and
       Whereas, The National Report on Human Exposure to 
     Environmental Chemicals' findings, organized by state and 
     demographics, were to be made available in January of 2002; 
     and
       Whereas, California is a world leader in clean air and 
     water standards, often improving upon federal standards; and
       Whereas, The California survey within the National Report 
     on Human Exposure to Environmental Chemicals constitutes a 
     valid sample in its own right; and
       Whereas, The National Report on Human Exposure to 
     Environmental Chemicals' specific findings for the State of 
     California will help the State Department of Health Services, 
     the Legislature, and the Governor's office to address 
     California's environmental health needs; and
       Whereas, The State Department of Health Services is 
     responsible for developing a plan to establish an 
     environmental health tracking system by 2003, a project that 
     requires collation of all available data sets; and
       Whereas, The National Report on Human Exposure to 
     Environmental Chemicals will inform the planning process as 
     California builds capacity at state biomonitoring facilities; 
     and
       Whereas, The State Department of Health Services needs to 
     make a budgetary commitment to addition biomonitoring to 
     augment CDC findings; and
       Whereas, The California public has the right to information 
     regarding regional exposures to particular chemicals; and
       Whereas, California findings on particular chemicals will 
     serve as an information base for populations concerned about 
     decreasing chemical risks in their communities: Now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the President of the 
     United States, the United States Secretary of Health and 
     Human Services, the Director of the Centers for Disease 
     Control and Prevention, and the California Congressional 
     delegation to seek the immediate release to the State 
     Department of Health Services, and thereby to the California 
     public, of the California-specific findings from the 1999 CDC 
     National Report on Human Exposure to Environmental Chemicals; 
     and be it further
       Resolved, That the Legislature of the State of California 
     respectfully memorializes the Director of the Centers for 
     Disease Control and Prevention to release to the State 
     Department of Health Services all California-specific 
     findings from the National Report on Human Exposure to 
     Environmental Chemicals that is due to be issued by December 
     2002, at the time that report is issued; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the United States Secretary of Health and 
     Human Services, the Director of the Centers for Disease 
     Control and Prevention, and to each Senator and 
     Representative from California in the Congress of the United 
     States.
                                  ____

       POM-46. A joint resolution adopted by the Senate of the 
     State of California relative to the bicentennial anniversary 
     of the United States Military Academy at West Point; to the 
     Committee on Armed Services.

                     Senate Joint Resolution No. 50

       Whereas, This year the United States Military Academy at 
     West Point celebrates 200 years of providing leaders of 
     character for our Army and a lifetime of selfless service to 
     the nation; and
       Whereas, On March 16, 1802, President Thomas Jefferson 
     signed into law a bill of the United States Congress 
     authorizing the establishment of ``a military academy to be 
     located at West Point in the State of New York''; and
       Whereas, West Point was originally created as an academic 
     institution devoted to the arts and sciences of warfare, and 
     later emphasizing engineering to serve the needs of the 
     nation and to eliminate the country's reliance on foreign 
     engineers and artillerists; and
       Whereas, West Point graduates were responsible for the 
     construction of many of the nation's initial railway lines, 
     bridges, harbors, and roads that were the vital 
     infrastructure of our great nation; and
       Whereas, The list of graduates representing the Long Gray 
     Line is distinguished and includes two American Presidents, 
     Ulysses S. Grant and Dwight D. Eisenhower; and
       Whereas, West Point graduates have led our nation's Armed 
     Forces from the birth of our nation to the present, many of 
     them giving their lives as the ultimate sacrifice to preserve 
     our freedom; and
       Whereas, In addition to Ulysses S. Grant, who led the Union 
     Army in the Civil War, General Robert E. Lee, leader of 
     Confederate troops, graduated from the United States Military 
     Academy; and
       Whereas, Other graduates with notable military careers 
     include Generals Philip Sheridan, William T. Sherman, George 
     S. Patton, Douglas MacArthur, and H. Norman Schwarzkopf; and
       Whereas, West Point graduates have distinguished themselves 
     in countless ways, from Olympic glory to receiving the 
     Heisman Trophy, from receiving scores of Rhodes Scholarships 
     to serving as some of the nation's pioneering astronauts; and
       Whereas, The academy is preparing for its third century of 
     service to our nation, a future in which fighting and winning 
     our nation's wars remains the Army's primary focus; and
       Whereas, The academy must also prepare officers for 
     peacekeeping duties as part of an every complex world; and
       Whereas, The academy remains today an energetic, vibrant 
     institution that attracts some of the nation's best and 
     brightest young men and women who, in the next 200 years of 
     service to this nation, will face challenges different from 
     those that have gone before them to make up the storied Long 
     Gray Line; and
       Whereas, The academy continues its lasting commitment to 
     its motto of duty, honor, and country: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California recognizes that the United States Military Academy 
     at West Point is a living testament to the accomplishments of 
     the United States throughout its history; and be it further
       Resolved, That the legislature of the State of California 
     honors the United States Military Academy at West Point and 
     its graduates as they move forward into the academy's third 
     century of service to the nation; and be it further
       Resolved, That the Legislature of the State of California 
     respectfully requests the United States Congress to recognize 
     the 200th anniversary of the United States Military Academy; 
     and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-47. A joint resolution adopted by the Senate of the 
     State of California relative to

[[Page S1976]]

     the California wild heritage act of 2002; to the Committee on 
     Energy and Natural Resources.

                     Senate Joint Resolution No. 52

       Whereas, California's public lands contain an invaluable 
     and irreplaceable diversity of ecosystems; and
       Whereas, Increasing population growth and expansion of 
     urban and suburban developments threaten the integrity of 
     many of these ecosystems; and
       Whereas, These ecosystems provide critical habitat to 
     native flora and fauna, 293 of which are listed as rare, 
     threatened, or endangered; and
       Whereas, Protection and maintenance of these wildlands 
     preserves the health of watersheds essential to safe and good 
     quality water for agricultural uses and human consumption; 
     and
       Whereas, Many of California's wild lands include sites, 
     including flora and fauna sacred and spiritually valuable to 
     Native American tribes; and
       Whereas, The deserts, coasts, riparian areas, mountains, 
     valleys, and chparral of California have shaped the history 
     and the cultural heritage of California; and
       Whereas, Protection and maintenance of California's wild 
     and scenic rivers is an essential component of the survival 
     and recovery of threatened salmon and other fish species; and
       Whereas, Conservation and restoration of California's 
     natural resources also benefits our recreation and tourism 
     industries; and
       Whereas, Senator Barbara Boxer has authored the California 
     Wild Heritage Act of 2002 to protect 81 areas, totaling 2.5 
     million publicly held acres of the State scattered throughout 
     36 counties; and
       Whereas, The California Wild Heritage Act of 2002 
     designates 22 wild and scenic rivers totaling 440 miles of 
     riparian systems; and
       Whereas, The California Wild Heritage Act of 2002 protects 
     the ancient Bristlecone Pine Forest where the oldest living 
     trees have flourished in the harsh environment of the White-
     Inyo Mountain range for over 4,000 years; and
       Whereas, The California Wild Heritage Act of 2002 provides 
     enhanced protections critical for the continued conservation 
     of unique and fragile areas of coastal, chaparral, pinon-
     juniper, mountain, forest and desert habitat currently 
     classified as National Forest, National Park, or Bureau of 
     Land Management Lands; and
       Whereas, The California Wild Heritage Act of 2002 
     designates Cache Creek and the East Fork of the Carson River 
     as ``Wild and Scenic Rivers Study Areas''; and
       Whereas, The California Wild Heritage Act of 2002 
     establishes the ``Sacramento River National Conservation 
     Area''; and
       Whereas, The California Wild Heritage Act of 2002 balances 
     the needs of the military, agricultural, law enforcement, 
     firefighting, and recreational use communities with the 
     intrinsic environmental value of the wilderness areas: Now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, that the Legislature respectfully 
     memorializes the President and the United States Congress to 
     enact S. 2535, the California Wild Heritage Act of 2002, as 
     introduced by Senator Barbara Boxer, and to be introduced by 
     Representatives Hilda Solis and Mike Thompson; and be it 
     further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the Speaker of the House of 
     Representatives, the Chairpersons of the House and Senate 
     Taxation Committees, and to each Senator and Representative 
     from California in the Congress of the Untied States.
                                  ____

       POM-48. A joint resolution adopted by the Senate of the 
     State of California relative to the United Nation's 
     Population Fund; to the Committee on Appropriations.

                     Senate Joint Resolution No. 51

       Whereas, The Bush Administration has determined that the 
     $34 million appropriated by Congress shall not be provided at 
     this time to the United Nations Population Fund (UNFPA) due 
     to the Kemp-Kasten Amendment, which provides that none of the 
     funds made available under the Foreign Assistance and Related 
     Programs Appropriations Act of 1985 ``may be made available 
     to any organization or program which, as determined by the 
     President of the United States, supports or participates in 
     the management of a program of coercive abortion or 
     involuntary sterilization''; and
       Whereas, The UNFPA strives to establish universal access to 
     reproductive health, promote awareness of population and 
     human development issues, and support population and human 
     development; and
       Whereas, The UNFPA provides 142 countries with health 
     services during pregnancy and birth, voluntary family 
     planning, teen-pregnancy prevention, and services to protect 
     women and families from HIV/AIDS and other sexually 
     transmitted infections; and
       Whereas, The UNFPA addresses the issues of population, 
     family planning, women's empowerment, and HIV intervention; 
     and
       Whereas, These issues are paramount to the United nations' 
     goals of reducing poverty, increasing global stability and 
     prosperity, and creating a sustainable population; and
       Whereas, The UNFPA programs not only provide benefits to 
     women, but also their families, their communities, and their 
     nations; and
       Whereas, The UNFPA is committed to a voluntary, human 
     rights-based approach to reproductive health and family 
     planning stipulated by the 1994 Cairo International 
     Conference on Population and Development; and
       Whereas, A fact-finding mission to China conducted by the 
     United States found no evidence that the UNFPA had supported 
     or participated in programs involving coercive abortion or 
     involuntary sterilization in China; and
       Whereas, Past funds to the UNFPA from the United States 
     were restricted so that they did not fund programs in China; 
     and
       Whereas, Congress had already approved sending $34 million 
     to the UNFPA in 2002; and
       Whereas, The United States funding, estimated by the UNFPA, 
     would be enough to prevent 2 million unwanted pregnancies, 
     nearly 800,000 induced abortions, 4,700 maternal deaths, 
     nearly 60,000 cases of serious maternal illness, and over 
     77,000 infant and child deaths: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the President and Congress of the 
     United States to reinstate the $34 million in funding for the 
     United Nations Population Fund; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.

                          ____________________