[Congressional Record Volume 150, Number 18 (Thursday, February 12, 2004)]
[Senate]
[Pages S1281-S1285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-352. A memorial adopted by the Senate of the 
     Legislature of the State of Florida relative to enacting a 
     Medicare Prescription Drug Benefit; to the Committee on 
     Finance.

                        Senate Memorial No. 1180

       Whereas, the use of prescription drugs improves the quality 
     of care and helps patients live healthier, longer, and more 
     productive lives while keeping them out of more costly acute 
     care settings in the long term, and
       Whereas, the increased use of new and improve prescription 
     drugs has changed the delivery of health care in the United 
     States since Medicare was enacted, and while two-thirds of 
     the Medicare population has some form of prescription drug 
     coverage, although it many times is inadequate, one-third of 
     Medicare beneficiaries have no coverage at all, and
       Whereas, Congress did not enact a drug benefit in the 
     Medicare program, and therefore the program is inadequate in 
     providing the elderly and disabled the most appropriate drug 
     therapies, preventing the delivery of quality health care at 
     an affordable cost, and
       Whereas, the private sector provides affordable coverage by 
     negotiating discounts on drugs and meeting the needs of 
     special populations with chronic diseases and those with co-
     morbidities through coordinating

[[Page S1282]]

     care with disease management, drug utilization review, and 
     patient education programs, all of which aid in ameliorating 
     medical errors, and
       Whereas, comprehensive reform of the Medicare program would 
     use the successful tools of the private sector in 
     coordinating care for this population and use the marketplace 
     to foster competition among private plans, resulting in more 
     choices of quality coverage for seniors and the disabled 
     while maintaining the financial sustainability of the 
     program, and
       Whereas, Congress's inaction has failed to provide for 
     comprehensive reform of Medicare, encouraging states to use 
     their own resources to ease the burden of their elderly and 
     disabled populations and effectively to assume an unfunded, 
     informal mandate, and
       Whereas, in implementing state programs to assist the 
     Medicare population, state budgetary constraints can often 
     result in requirements to restrict and limit the patient's 
     access to needed prescription drugs, and enact anticompetivie 
     price controls: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is urged to enact 
     financially sustainable, voluntary, universal, and privately 
     administered out-patient prescription drug coverage as part 
     of the federal Medicare program; be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-353. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     economic stability and future growth; to the Committee on 
     Finance.

                       Senate Resolution No. 137

       Whereas, the attack on America of September 11, 2001, was a 
     shock to the Commonwealth of Pennsylvania and the nation; and
       Whereas, there is an ongoing military and multidimensional 
     response to terrorism that is strongly supported throughout 
     this Commonwealth; and
       Whereas, the United States faces the potential of a serious 
     recession, having already lost 50,000 manufacturing jobs in 
     Pennsylvania alone since the beginning of the year, and the 
     September 11, 2001, attack on America may cause the loss of 
     thousands of additional jobs; and
       Whereas, the Congress of the United States has already 
     taken critical action to support affected industries and is 
     proposing additional aid to business; and
       Whereas, the Congress is considering an economic stimulus 
     package; and
       Whereas, the core goal of an economic stimulus package is 
     the stabilization of communities; and
       Whereas, supporting business to stabilize employment must 
     be a critical part of any economic stimulus package to be 
     adopted by the Congress; and
       Whereas, support for negatively impacted workers must be 
     included as part of any economic stimulus package to 
     stabilize the economy; and
       Whereas, supporting state and local governments to avoid or 
     mitigate a lessening of state or local tax revenues is a 
     critical part of any economic stimulus package; and
       Whereas, the economic stimulus package should include the 
     following provisions: extending federally funded unemployment 
     compensation, where needed, by 26 weeks; aiding workers by 
     improving health care access with the Federal Government at 
     least paying 75% of the COBRA health care costs and other 
     health care assistance; siding workers by fully funding 
     targeted training and worker reemployment programs and taking 
     action to assist with mortgages of personal residences and to 
     stabilize other credit transactions; and
       Whereas, if the Congress does not address the critical 
     areas of economic stimulus, business, workers and state and 
     local government, these costs will have to be borne by state 
     and local governments, workers and business; Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge the Congress of the United States to 
     address the critical areas that will create economic 
     stability and allow future growth; 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-354. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to trade with foreign nations; to the Committee on 
     Foreign Relations.

                        House Resolution No. 166

       Whereas, through international agreements and in the spirit 
     of fair and balanced trade, the United States dollar is 
     allowed to float freely, with little to no market 
     intervention; and
       Whereas, many of the trade partners with the United States, 
     including, but not limited to, the European Union, Canada, 
     and Mexico, operate with a floating exchange rate within the 
     international financial system; and
       Whereas, there are nations that are able to sell goods at 
     rates lower than the cost of production in the United States, 
     in part, through a manipulation of their nation's currency. 
     This contributes significantly to creating an unfair trade 
     balance; and
       Whereas, foreign countries that manipulate their currency 
     are able to sell goods in the United States at an artificial 
     price, lower than the cost of domestically produced products. 
     Doing so undercuts American manufactured products, and it may 
     soon eliminate domestic manufacturing; and
       Whereas, the loss of the domestic manufacturing industry 
     poses a substantial threat to the nation's security by 
     requiring the United States to depend on other nations to 
     produce critical components for our defense programs.
       Whereas, currency manipulation has contributed to 
     substantial trade deficits with certain nations. The increase 
     in the trade deficit with China alone, one of the countries 
     known for currency manipulation, represents about 15 percent 
     of the decline in United States production since 2000; and
       Whereas, Article IV of the International Monetary Fund 
     Articles of Agreement states that members shall ``avoid 
     manipulating exchange rates for the international monetary 
     system in order to prevent effective balance of payments 
     adjustment or to gain an unfair competitive advantage over 
     other members.'' Under IMF surveillance procedures, a 
     principal indicator of such manipulation is ``protracted 
     large scale intervention in one direction in the exchange 
     market'': Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to take the 
     necessary actions, through the International Monetary Fund or 
     otherwise, to ensure that foreign nations that trade with the 
     United States do so fairly and do not manipulate their 
     currency; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the United States Secretary of Commerce, 
     and the members of the Michigan congressional delegation.
                                  ____

       POM-355. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to funding for the Low Income Home 
     Energy Assistance Program; to the Committee on Health, 
     Education, Labor, and Pensions.

                        House Resolution No. 486

       Whereas, our present economic situation continues to result 
     in thousands of Pennsylvanians being laid off from their jobs 
     or having to take lesser-paying jobs; and
       Whereas, high energy prices lead to all Pennsylvanians, 
     especially low-income families, the elderly and the working 
     poor, having less money to spend on the basic necessities of 
     life such as food, clothing and shelter in the winter months; 
     and
       Whereas, because of high natural gas prices during the 
     summer months, when gas companies normally fill their 
     reserves, Pennsylvania's natural gas distribution companies 
     expect to significantly raise their prices up to 30 percent 
     since the beginning of this year; and
       Whereas, for typical home heating customers, this situation 
     could mean that natural gas customers will face bills this 
     coming winter of $30 to $45 per month higher than a year ago; 
     and
       Whereas, the cost of home heating oil has risen more than 
     25 percent since last winter, and recent announcements of 
     future production cuts by the Organization of the Petroleum 
     Exporting Countries (OPEC) may again lead to higher prices 
     this winter; and
       Whereas, the Congress has begun to debate, but not yet 
     agreed on, final appropriations for the Low Income Home 
     Energy Assistance Program (LIHEAP) for the next fiscal year 
     which commences on October 1, 2003; and
       Whereas, the United States House of Representatives has so 
     far only agreed to support $1.8 billion in regular and 
     contingency LIHEAP assistance; and
       Whereas, the President of the United States has proposed 
     and the United States Senate has so far agreed to support a 
     total of $2 billion in regular and contingency LIHEAP 
     assistance; and
       Whereas, the United States Senate recently defeated an 
     effort to authorize another $300 in emergency LIHEAP spending 
     that would lead to a total of $2.3 billion for LIHEAP; and
       Whereas, increasing LIHEAP funding should entitle the 
     Commonwealth of Pennsylvania to a proportionate increase in 
     LIHEAP funds and would enable more people facing colder 
     weather and decreased income to help meet their present need 
     for heating assistance: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     the Congress of the United States to support efforts to 
     increase LIHEAP funding over last year's funding; 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-356. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     biological and chemical attacks; to the Committee on Health, 
     Education, Labor, and Pensions.

[[Page S1283]]

                       Senate Resolution No. 128

       Whereas, S. 1508 was introduced in the Congress of the 
     United States on October 4, 2001; and
       Whereas, the bill is intended to increase the preparedness 
     of the United States to respond to a biological or chemical 
     weapons attack; and
       Whereas, if enacted in its current form, the bill will be 
     known as the Biological and Chemical Attack Preparedness Act 
     and will require the states to develop and implement a public 
     health disaster plan for responding to biological or chemical 
     attacks within a certain time period of publication of 
     standards developed by the Secretary of Health and Human 
     Services; and
       Whereas, the bill also authorizes the Secretary of Health 
     and Human Services to award grants to hospitals and health 
     care providers to provide training, give treatment, purchase 
     equipment and employ personnel consistent with the public 
     health disaster plans of the states; and
       Whereas, the Senate of the Commonwealth of Pennsylvania 
     supports the intent and concept of the bill pending in 
     Congress: Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress of the United States to 
     enact S. 1508, which increases the preparedness of the United 
     States to respond to a biological or chemical weapons attack; 
     and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-357. A resolution adopted by the Senate of the 
     Legislature of the State of Texas relative to the ability of 
     federal courts to levy or increase taxes; to the Committee on 
     the Judiciary.

                       Senate Resolution No. 373

       Whereas, in 1990, the United States Supreme Court, in the 
     case of Missouri, et al. v. Jenkins, et al. (495 U.S. 33), 
     chose to disregard Article I, Section 8, of the United States 
     Constitution, which reserves exclusively to the legislative 
     branch of government the power to tax the citizenry; and
       Whereas, in drafting that constitutional section and 
     allocating the power of taxation, the Founding Fathers drew 
     on the Petition of Right, an English law initiated by Sir 
     Edward Coke, then approved by the British House of Commons 
     and accepted by King Charles I on June 7, 1628, which states 
     in pertinent part that ``. . . no man hereafter [may] be 
     compelled to make or yield any . . . tax . . . without common 
     consent by Act of Parliament . . .''; and
       Whereas, in 1787, the framers of the United States 
     Constitution reiterated that time-tested principle of limited 
     taxation, specifically vesting with the legislative branch 
     the ``. . . Power To lay and collect Taxes, Duties, Imposts 
     and Excises . . .''; and
       Whereas, their intent is unambiguous, made clear by the 
     analysis of James Madison, who observed in The Federalist No. 
     48 that ``. . . the legislative department alone has access 
     to the pockets of the people . . .''; and
       Whereas, the same view is expressed by Alexander Hamilton, 
     who asked rhetorically in the Federalist No. 33, ``[w]hat is 
     the power of laying and collecting taxes but a legislative 
     power . . . ?,'' and follows consistently in the Federalist 
     No. 78, in which he argued that the judiciary should be the 
     least dangerous branch of government inasmuch as judges would 
     have ``. . . no influence over either the sword or the purse 
     . . .''; and
       Whereas, yet today, Hamilton's argument no longer rings 
     true; through legal orders and the exercise of judicial 
     threat and intimidation, federal courts have usurped the 
     power of the legislative branch and have gone so far as to 
     apply it even to nonfederal levels of government, mandating 
     state and local requirements that have the direct, or 
     indirect, effect of imposing judicial taxes on the states and 
     their political subdivisions; and
       Whereas, in so vesting itself by fiat with control of the 
     public purse strings, the federal judiciary has contravened 
     and overridden the constitutional separation of powers 
     between the different branches and levels of government, 
     threatening creation of a fiscal oligarchy unbeholden to 
     influence by the electorate; and
       Whereas, the states and congress have too long ignored 
     this self-proclamation and seizure of taxation powers, and 
     it behooves all Americans to preserve their rights by the 
     adoption of an amendment to the Constitution of the United 
     States, re-establishing the fundamental link between 
     taxation and representation; and
       Whereas, seeking to reverse the aforementioned Jenkins 
     decision of 1990, lawmakers in 23 other states--and in two 
     territories of the United States--beginning in 1993, have 
     already adopted and transmitted to congress memorials 
     requesting that congress propose an amendment to the United 
     States Constitution, and those memorials have been entered in 
     the Congressional Record as follows:
       the Missouri General Assembly in 1993 (Senate Concurrent 
     Resolution No. 9) designated as POM-175 in Volume 139 of the 
     Congressional Record at page 14565;
       the Colorado General Assembly in 1994 (Senate Joint 
     Memorial No. 94-2) designated as POM-569 in Volume 140 of the 
     Congressional Record at page 15070;
       the New York Senate in 1994 (Senate No. 3353) designated as 
     POM-578 in Volume 140 of the Congressional Record at page 
     15073;
       the Tennessee General Assembly in 1994 (Senate Joint 
     Resolution No. 372) designated as POM-580 in Volume 140 of 
     the Congressional Record at page 15074;
       the Arizona Legislature in 1995 (Senate Concurrent 
     Resolution No. 1014) designated as POM-523 in Volume 142 of 
     the Congressional Record at pages 6586 and 6587;
       the Louisiana Legislature in 1995 (Senate Concurrent 
     Resolution No. 11) designated as POM-525 in Volume 142 of the 
     Congressional Record at pages 6587;
       the Massachusetts Senate in 1995 (unnumbered resolution) 
     designated as POM-625 in Volume 142 of the Congressional 
     Record at pages 14940 and 14941 and designated as POM-638 at 
     page 15486;
       the Nevada Legislature in 1995 (Senate Joint Resolution No. 
     2) designated as POM-287 in Volume 141 of the Congressional 
     Record at page 22422;
       the Alaska Legislature in both 1996 and 1998 (House Joint 
     Resolution No. 30 in 1996) designated as POM-622 in Volume 
     142 of the Congressional Record at pages 14939 and 14940; 
     (House Joint Resolution No. 57 in 1998) designated as POM-515 
     in Volume 144 of the Congressional Record at page S9042;
       the Michigan Legislature in 1996 (Senate Concurrent 
     Resolution No. 278) designated as POM-444 in Volume 144 of 
     the Congressional Record at page S5515;
       the South Dakota Legislature in 1996 (House Concurrent 
     Resolution No. 1010) designated as POM-526 in Volume 142 of 
     the Congressional Record at page 6587;
       the Delaware General Assembly in 1997 (House Concurrent 
     Resolution No. 6) designated as POM-120 in Volume 143 of the 
     Congressional Record at page S5252;
       the Alabama Legislature in 1998 (House Joint Resolution No. 
     261) designated as POM-416 in Volume 144 of the Congressional 
     Record at page S9405;
       the Oklahoma Legislature in 1998 (Senate Concurrent 
     Resolution No. 50) designated as POM-479 in Volume 144 of the 
     Congressional Record at pages S6404 and S6405;
       the Illinois Senate in 1999 (Senate Resolution No. 216) 
     designated as POM-449 in Volume 146 of the Congressional 
     Record at page S1814 and designated as POM-512 at page S3611;
       the Utah Legislature in 1999 (House Joint Resolution No. 5) 
     designated as POM-285 in Volume 145 of the Congressional 
     Record at page S9945;
       the Kansas Legislature in 2000 (House Concurrent Resolution 
     No. 5059) designated as POM-527 in Volume 146 of the 
     Congressional Record at page S4378;
       the New Hampshire General Court in 2000 (House Concurrent 
     Resolution No. 27) designated as POM-531 in Volume 146 of the 
     Congressional Record at page S6469;
       the Pennsylvania General Assembly in 2000 (Senate 
     Resolution No. 47) designated as POM-642 in Volume 146 of the 
     Congressional Record at pages S11788 and S11789;
       the South Carolina General Assembly in 2000 (House 
     Concurrent Resolution No. 4434) designated as POM-641 in 
     Volume 146 of the Congressional Record at page S11575;
       the West Virginia Legislature in 2000 (House Concurrent 
     Resolution No. 5) designated as POM-442 in Volume 146 of the 
     Congressional Record at page S1669;
       the House of Representatives of the Commonwealth of the 
     Northern Mariana Islands--a territory of the United States--
     in 2000 (House Resolution No. 12-109) designated as Memorial 
     No. 1 in Volume 147 of the Congressional Record at page H111; 
     as well as the Senate of the Commonwealth of the Northern 
     Mariana Islands, likewise in 2000, (Senate Resolution No. 12-
     33) designated as POM-46 in Volume 147 of the Congressional 
     Record at page S4244;
       the North Dakota Legislative Assembly in 2001 (House 
     Concurrent Resolution No. 3031) designated as POM-7 in Volume 
     147 of the Congressional Record at pages S3704 and S3705;
       the Legislature of the United States Territory of Guam in 
     2001 (Resolution No. 6) designated as POM-357 in Volume 148 
     of the Congressional Record at page S10570; and
       the Wyoming Legislature in 2002 (Senate Joint Resolution 
     No. SJ003, later styled Enrolled Joint Resolution No. 2) 
     designated as POM-250 in Volume 148 of the Congressional 
     Record at pages S5630 and S5631; now: Therefore, be it
       Resolved, That the Senate of the 78th Legislature of the 
     State of Texas, Regular Session, 2003, hereby memorialize the 
     United States Congress to propose and submit to the states 
     for ratification as amendment to the United States 
     Constitution to prohibit all federal courts from ordering or 
     instructing any state or political subdivision thereof, or an 
     official of any state or political subdivision, to levy or 
     increase taxes; and, be it further
       Resolved, That the congress be respectfully requested to 
     entertain the following suggested text for such an amendment: 
     ``ARTICLE   `Neither the Supreme Court nor any inferior court 
     of the United States shall have the power to instruct or 
     order a state or political subdivision thereof, or an 
     official of such state or political subdivision, to levy or 
     increase taxes' ''; and, be it further
       Resolved, That the secretary of the Texas Senate forward 
     official copies of this resolution to the vice president of 
     the United States, to the speaker of the United States House 
     of Representatives, and to all members of the Texas 
     delegation to the congress, with the request that this 
     resolution be entered officially in the Congressional Record 
     as a memorial to the Congress of the United States of America 
     to propose for ratification a federal constitutional 
     amendment to prohibit judicially imposed taxes.

[[Page S1284]]

     
                                  ____
       POM-358. A joint resolution adopted by the Legislature of 
     the State of Ohio relative to ratification of the Fourteenth 
     Amendment; to the Committee on the Judiciary.

                 Amended Senate Joint Resolution No. 2

       Whereas, both houses of the thirty-ninth Congress of the 
     United States of America, at the first session of such 
     Congress, by a constitutional majority of two-thirds of the 
     members of each house thereof, made a proposition to amend 
     the Constitution of the United States in the following words, 
     to wit: ``Joint Resolution proposing an amendment to the 
     constitution of the United States.
       Be it resolved by the Senate and House of Representatives 
     of the United States of America, in Congress assembled, (two-
     thirds of both houses concurring,) That the following article 
     be proposed to the legislatures of the several states as an 
     amendment to the constitution of the United States, which, 
     when ratified by three-fourths of said legislatures, shall be 
     valid as a part of the constitution, namely: ARTICLE XIV.
       Section 1. All persons born or naturalized in the United 
     States, and subject to the jurisdiction thereof, are citizens 
     of the United States, and of the state wherein they reside. 
     No state shall make or enforce any law which shall abridge 
     the privileges or immunities of citizens of the United 
     States, nor shall any state deprive any person of life, 
     liberty or property, without due process of law, nor deny to 
     any person within its jurisdiction the equal protection of 
     the laws.
       Sec. 2. Representatives shall be apportioned among the 
     several states according to their respective numbers, 
     counting the whole number of persons in each state, excluding 
     Indians not taxed. But when the right to vote at any election 
     for the choice of electors for president and vice president 
     of the United States, representatives in congress, the 
     executive and judicial officers of a state, or the members of 
     the legislature thereof, is denied to any of the male 
     inhabitants of such state, being twenty-one years of age 
     and citizens of the United States, or in any way abridged, 
     except for participation in rebellion, or other crime, the 
     basis of representation therein shall be reduced in the 
     proportion which the number of such male citizens shall 
     bear to the whole number of make citizens, twenty one 
     years of age in such state.
       Sec. 3. No person shall be a senator or representative in 
     congress, or elector of president or vice president, or hold 
     any office, civil or military, under the United States, or 
     under any state, who having previously taken an oath as a 
     member of congress, or as an officer of the United States, or 
     as a member of any state legislature, or as an executive or 
     judicial officer of any state, to support the constitution of 
     the United States, shall have engaged in insurrection of 
     rebellion against the same, or given aid or comfort to the 
     enemies thereof. But congress may, by a vote of two-thirds of 
     each house, remove such disability.
       Sec. 4. the validity of the public debt of the United 
     States, authorized by law, including debts incurred for 
     payment of pensions and bounties for services in suppressing 
     insurrection or rebellion, shall not be questioned. But 
     neither the United States, nor any state, shall assume or pay 
     any debt or obligation incurred in aid of insurrection or 
     rebellion against the United States, or any claim for the 
     loss or emancipation of any slave; but all such debts, 
     obligations and claims shall be held illegal and void.
       Sec. 5. The congress shall have power to enforce, by 
     appropriate legislation, the provisions of this article.''
       Whereas, the General Assembly of the State of Ohio ratified 
     the Fourteenth Amendment to the United States Constitution by 
     a Joint Resolution adopted January 11, 1867, but by a further 
     Joint Resolution, voted to rescind its ratification of the 
     Amendment on January 15, 1868, before the Amendment became 
     effective in July 1868; and
       Whereas, the State of Ohio is considered by many 
     authorities to have ratified the Amendment, but other 
     authorities assert that Ohio's rescission may have been 
     valid; and
       Whereas, the validity of the Fourteenth Amendment is 
     indisputable regardless of the validity of Ohio's rescission 
     because Congress approved it by a two-thirds majority on June 
     13, 1866, and every State in the Union at the time has 
     subsequently supported it, thereby exceeding the necessary 
     three-quarters majority; and
       Whereas, the Fourteenth Amendment is the primary guaranty 
     for individual rights and liberties through its protection of 
     the privileges and immunities of citizens of the United 
     States, its prohibition on the deprivation of life, liberty 
     or property without due process of law, and its guaranty of 
     equal protection of the laws; and
       Whereas, the ratification of the Fourteenth Amendment 
     demonstrates the support of the people of the State of Ohio 
     for the principles embodied therein: Now therefore be it
       Resolved by the General Assembly of the State of Ohio, That 
     the said Amendment to the Constitution of the United States 
     is hereby ratified; and be it further
       Resolved, That the Secretary of State of the State of Ohio 
     be directed to deliver to the Governor of this state a 
     certified copy of this resolution, and such certified copy 
     shall be forwarded at once by the Governor to the 
     Administrator of General Services, United States Government, 
     Washington, D.C., to the President Pro Tempore of the Senate 
     of the United States, to the Speaker of the House of 
     Representatives of the United States, and to the Secretary of 
     State of the United States.
                                  ____

       POM-359. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to intellectual property rights; to the Committee on 
     the Judiciary.

                        House Resolution No. 164

       Whereas, since the birth of our nation, the United States 
     has amassed a remarkable record of creativity and discovery. 
     Our history is replete with the development of new goods and 
     production methods to advance the quality of life, and we 
     have developed a strong economy based on these discoveries; 
     and
       Whereas, members of the manufacturing industry have cited a 
     number of examples where companies in other nations have been 
     infringing upon intellectual property rights. This has 
     resulted in financial losses and further exacerbated the 
     challenges faced by our manufacturers; and
       Whereas, the World Trade Organization and the World 
     Intellectual Property Organization implemented a set of 
     standards and principles outlining how international 
     intellectual property rights should be applied and how to 
     settle disputes between members of the World Trade 
     Organization and the World Intellectual Property 
     Organization; and
       Whereas, the United States can defend the intellectual 
     property rights of domestic business through the procedures 
     established by the World Trade Organization and the World 
     Intellectual Property Organization; and
       Whereas, to ensure a vibrant economic recovery in Michigan, 
     our businesses and entrepreneurs must be secure in their 
     intellectual property, for it is through these innovations 
     that companies build their economic strength and maintain 
     their competitiveness: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to expand its 
     efforts through the World Trade Organization and the world 
     Intellectual Property Organization to ensure that the 
     intellectual property of domestic businesses and individuals 
     is protected and that actions are taken against those 
     countries that violate the World Trade Organization and World 
     Intellectual Property Organization standards; and be it 
     further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States of America, the President 
     of the United States Senate, the Speaker of the United States 
     House of Representatives, the United States Secretary of 
     Commerce, the Under Secretary of Commerce for Intellectual 
     Property in the United States Patent and Trade Office, and 
     the members of the Michigan congressional delegation.
                                  ____

       POM-360. A joint resolution adopted by the General Assembly 
     of the State of New Jersey relative to New Jersey's 
     ratification of the Fourteenth Amendment; to the Committee on 
     the Judiciary.

                     Senate Joint Resolution No. 16

       Whereas, the Fourteenth Amendment to the United States 
     Constitution granted citizenship to, and protected the civil 
     liberties of, freed slaves; and
       Whereas, the Fourteenth Amendment also prohibits states 
     from abridging the privileges or immunities of any citizen, 
     depriving any person of life, liberty, or property without 
     due process of law, or denying any person equal protection of 
     the laws; and
       Whereas, the rights guaranteed by the Fourteenth Amendment 
     are part of the foundation of our free society; and
       Whereas, in 1866, the New Jersey Legislature acted to 
     ensure these rights by ratifying the Fourteenth Amendment; 
     and
       Whereas, thereafter, the New Jersey Legislature, in 1868, 
     attempted to withdraw its ratification of this amendment by 
     passage of Joint Resolution No. IV; and
       Whereas, both the Federal Secretary of State and the 
     Congress refused to recognize New Jersey's attempt to 
     withdraw ratification and the Fourteenth Amendment became a 
     part of the United States Constitution on July 20, 1868; and
       Whereas, the attempt to withdraw New Jersey's ratification 
     of the Fourteenth Amendment is contrary to this State's long 
     tradition of respect for, and protection of, the civil rights 
     of all persons; and
       Whereas, even though the attempt to withdraw New Jersey's 
     ratification of the Fourteenth Amendment was without effect, 
     there is, nevertheless, a need to rectify this misguided 
     action: Now, therefore, be it
       Resolved by the Senate and General Assembly of the State of 
     New Jersey:
       1. Joint Resolution No. IV of 1868 which attempted to 
     withdraw New Jersey's ratification of the Fourteenth 
     Amendment is hereby revoked.
       2. Duly authenticated copies of this Joint Resolution shall 
     be transmitted to the federal Secretary of State, the 
     presiding officers of the Congress of the United States, and 
     each member of New Jersey's congressional delegation.
       3. This Joint Resolution shall take effect immediately.
                                  ____

       POM-361. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to supporting 
     capital activities in Michigan; to the Committee on Small 
     Business and Entrepreneurship.

[[Page S1285]]

                       Senate Resolution No. 163

       Whereas, access to capital is a key component of 
     establishing a new enterprise. The ability to raise 
     sufficient funding to start a business is one of the major 
     hurdles any entrepreneur faces in attempting to create a new 
     company; and
       Whereas, because the creation of new businesses is 
     fundamental to job creation and a successful economy, making 
     capital more available to start-up companies is a challenge 
     of great significance to our communities and the entire 
     country. In response to the need, Congress has on several 
     occasions enacted measures to encourage the establishment of 
     new business. Congressional tools, including tax incentives 
     for high-risk companies at the early stages of development 
     and other moves that encourage investment in start-up 
     ventures, can be highly beneficial; and
       Whereas, Michigan is strongly committed to encouraging 
     venture capital investment in this state. Our efforts, 
     however, will not be nearly as effective as they could be 
     without similar leadership from Congress. A multi-pronged 
     effort, with both the states and the national government 
     encouraging private enterprise, can lead to greater 
     innovation in any number of fields. This innovation, a 
     hallmark of American society is critical to the vitality of 
     our national economy as we respond to challenges in an era of 
     great change: Now, therefore, be it
       Resolved by the senate, That we memorialize the Congress of 
     the United States to enact measures that support venture 
     capital activities in Michigan; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-362. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to a federal 
     charter for the Korean War Veterans Association; to the 
     Committee of Veteran's Affairs.

                       Senate Resolution No. 187

       Whereas, as our country has marked the fiftieth anniversary 
     of the ending of hostilities in Korea, historians, 
     policymakers, and veterans of that difficult conflict have 
     reflected on the impact of the war on our country and the 
     world. Revisiting the events surrounding the Korean War has 
     brought public attention to many aspects of what some call 
     ``the forgotten war''; and
       Whereas, unlike other veterans groups, the Korean War 
     Veterans Association does not have a federal charter. Without 
     this charter, this respected organization--the only veterans 
     groups comprised entirely of veterans of the Korean War--
     cannot provide the same level of services other groups can. 
     This deficiency makes it more difficult for members and 
     families to receive appropriate services; and
       Whereas, legislation to extend a federal charter to the 
     Korean War Veterans Association is pending in both the House 
     of Representatives (H.R. 1043) and the Senate (S. 478) of the 
     Congress. Enactment of this measure will enable the Korean 
     War Veterans Association to provide a wider range of 
     services, especially the processing of claims. Clearly, this 
     long-overdue status will assist our heroes of the Korean War 
     and express the nation's respect for their sacrifices and 
     honor: Now, therefore, be it
       Resolved by the senate, That we memorialize the Congress of 
     the United States to enact legislation to grant a federal 
     charter to the Korean War Veterans Association; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-363. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to a 
     new national veterans' cemetery in Philadelphia; to the 
     Committee on Veterans' Affairs.

                       Senate Resolution No. 124

       Whereas, veterans residing in metropolitan Philadelphia are 
     in desperate need of a new national veterans cemetery; and
       Whereas, southeastern Pennsylvania veterans do not have the 
     opportunity to be buried in a veterans cemetery within 75 
     miles of their home, as the Department of Veterans Affairs 
     guidelines require, and this imposes an emotional and 
     physical burden on their surviving loved ones; and
       Whereas, the importance of and need for a veterans cemetery 
     in the southeastern Pennsylvania region has already been 
     recognized by the 108th Congress; and
       Whereas, for providing heroic service and sacrifice to our 
     nation, southeastern Pennsylvania veterans should have the 
     opportunity to be buried close to home: Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize Congress to pass H.R. 1516; and be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-364. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania urging Congress 
     to not lower veterans' benefits in the budget; to the 
     Committee on Veterans' Affairs.

                       Senate Resolution No. 161

       Whereas, the Congress of the United States is considering a 
     proposed national budget that includes further reductions to 
     veterans' health care benefits based on establishing new 
     annual enrollment fees, more than doubling copay requirements 
     and restricting long-term access to benefits for future 
     veterans currently serving their country on active duty at 
     home and abroad; and
       Whereas, the proposed reductions to veterans' health care 
     benefits come at a time when this country is experiencing a 
     nationwide health care crisis that forces millions of senior 
     citizens, many of whom are veterans living on fixed income, 
     to choose between purchasing food or medical services and 
     prescription drugs to treat life-threatening illnesses; and
       Whereas, the health care benefit needs of veterans deserve 
     to be given a higher priority in the national budget so as to 
     ensure the full funding of veterans' health care programs: 
     Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the President and Congress of the 
     United States to not reduce veterans' benefits in the 
     national budget; 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.

                          ____________________