[Congressional Record Volume 150, Number 49 (Thursday, April 8, 2004)]
[Senate]
[Pages S4021-S4023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-387. A resolution adopted by the Senate of the 
     Legislature of the State of New Jersey relative to their 
     ratification of the Fourteenth Amendment; to the Committee on 
     the Judiciary.

                            Joint Resolution

       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 
     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 the 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-388. A joint resolution adopted by the Legislature of 
     the State of California relative to 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 years 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-389. A joint resolution adopted by the Legislature of 
     the State of California relative to military reserve 
     personnel; to the Committee on Armed Services.

                    Assembly 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 that members of the military 
     reserve may be discriminated against due to their reserve 
     status when applying for financing; and
       Whereas, this discrimination results in members of the 
     military reserve being charged higher interest rates for 
     loans due to their reserve status; and

[[Page S4022]]

       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-390. A joint resolution adopted by the Legislature of 
     the State of California relative to Armenian Genocide; to the 
     Committee on Foreign Relations.

                    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-391. A joint 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 have 
     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 is 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 perseverance, 
     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 woman 
     student athletes graduate at a significantly higher rate than 
     women students in general; and
       Whereas, teengage 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, 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 within 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-392. A joint 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

[[Page S4023]]

     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 that 
     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 resolution 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-393. A joint 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-394. A resolution adopted by the House of 
     Representatives of the General Assembly of the State of 
     Pennsylvania relative to the Snowe Amendment to the PRIDE 
     Act; to the Committee on Finance.

                        House Resolution No. 560

       Whereas, the House of Representatives of the United States 
     Congress has passed H.R. 4, which would set requirements for 
     state welfare programs and establish funding levels for the 
     Temporary Assistance to Needy Families (TANF) and child-care 
     block grants for the five-year reauthorization period; and
       Whereas, the Child Care Development Block Grant (CCDBG) 
     currently provides $4.8 billion annually to states for child-
     care services, $2.7 billion in mandatory funding annually for 
     the period of reauthorization and $2.1 billion in 
     discretionary funding, subject to annual renewal by the 
     Congress; and
       Whereas, although H.R. 4 would increase mandatory child-
     care funding by $1 billion over five years, this is an amount 
     widely regarded as insufficient to meet the increased demand 
     for child-care for families leaving welfare or the demand for 
     child-care subsidy for income-eligible families; and
       Whereas, Senator Olympia Snowe of Maine is prepared to 
     offer an amendment to H.R. 4 that would increase mandatory 
     spending to $7 billion for the five-year reauthorization 
     period; and
       Whereas, since Federal funds make up 74% of Pennsylvania's 
     child-care spending, an increase in mandatory funds through 
     the CCDBG would provide the Commonwealth a stable source of 
     funds to expand subsidy for families, build program quality 
     and school readiness and improve services to parents; 
     therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Senate of the 
     United States Congress to adopt the Snowe Amendment to H.R. 
     4, the Personal Responsibility and Individual Development for 
     Everyone (PRIDE) Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of the Senate of the United States 
     Congress and to the two Senators from Pennsylvania.
                                  ____

       POM-395. A resolution adopted by the Commission of Wayne 
     County of the State of Michigan relative to federal transit 
     funding formulas; to the Committee on Environment and Public 
     Works.
       POM-396. A resolution adopted by the Board of Supervisors 
     of the County of Sonoma of the State of California relative 
     to gaming facilities in the County; to the Committee on 
     Indian Affairs.

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