[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10697-S10702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-516. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to Pennsylvania's Nutrition 
     Education Program; to the Committee on Agriculture, 
     Nutrition, and Forestry.

                        House Resolution No. 770

       Whereas, poor nutrition is a serious problem within the 
     Commonwealth of Pennsylvania due to a lack of understanding 
     of the health impact of too much sugar, fat and salt in a 
     persons diet;. and
       Whereas, the problem of poor nutrition is particularly 
     acute among low-income households which often lack the 
     resources for a balanced and nutritious diet; and
       Whereas, PA NEP has developed an effective program of 
     bringing nutrition education to community food pantries and 
     other community partners and has impacted the dietary 
     practices of low-income households that access food there; 
     and
       Whereas, this commendable and important result has been 
     achieved with the support of the United States Department of 
     Agriculture over the past six years, including recognition 
     that a portion of the food provided by the Commonwealth of 
     Pennsylvania through the State Food Purchase Program 
     qualifies as ``nutrition education'' when that food is used 
     to reinforce and/or replicate a nutrition lesson; and
       Whereas, The United States Department of Agriculture has 
     informed the Pennsylvania Department of Public Welfare that 
     it will no longer permit State Food Purchase Program food to 
     qualify as ``nutrition education''; and
       Whereas improvement, in the dietary practices of 
     Pennsylvania residents is a matter of urgent public health; 
     and
       Whereas, the use of food provided by the State Food 
     Purchase Program to reinforce and/or replicate nutrition 
     lessons is a highly appropriate way to impact the dietary 
     practices of low-income households and is fully consistent 
     with legislative intent; and
       Whereas, the decision of the United States Department of 
     Agriculture to no longer consider the cost of food used in 
     the manner as ``nutrition education'' will cause nutrition 
     education in Pennsylvania's food distribution programs to 
     largely cease: Therefore be it
       Resolved, That the House of Representatives call upon the 
     United States Department of Agriculture to recognize that 
     food provided to low-income households through the State Food 
     Purchased Program may be properly considered ``nutrition 
     education'' when used to reinforce and/or replicate a 
     nutrition lesson; and be it further
       Resolved, That the United States Department of Agriculture 
     reconsider its recent policy change and once again permit 
     State Food Purchase Program food to qualify as ``nutrition 
     education'' under Pennsylvania's Nutrition Education Program; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Secretary of the United States Department of Agriculture 
     and to each member of Congress from Pennsylvania.
                                  ____

       POM-517. A joint resolution adopted by the Senate of the 
     Legislature of the State of California relative to food 
     marketing and advertising directed to children; to the 
     Committee on Agriculture, Nutrition, and Forestry.

                     Senate Joint Resolution No. 29

       Whereas, California is in the midst of a growing epidemic 
     of overweight children and childhood obesity due to poor diet 
     and physical inactivity, putting growing numbers of 
     California children at increased risk for type II diabetes, 
     hypertension, heart disease, and cancer, along with 
     psychosocial problems including low self-esteem, poor body 
     image, and symptoms of depression; and
       Whereas, a recent study showed that 26.5 percent of 
     California youth in grades 5, 7, and 9 are overweight, with 
     rates being even higher for African-American children (28.6 
     percent) and Latino children (33.7 percent); and
       Whereas, in California, annual obesity-attributable medical 
     expenditures were estimated at $7.7 billion in 2003, with 
     approximately one-half of these expenditures financed by 
     Medicare and Medi-Cal; and
       Whereas, healthy eating and physical activity, including 
     eating five or more servings of fruits and vegetables every 
     day, are vital to preventing people from being overweight or 
     suffering from heart disease, cancer, or diabetes, and 
     ensuring children's health and well-being; and
       Whereas, poor diet and physical inactivity are responsible 
     for 400,000 deaths in the United States annually and may soon 
     overtake tobacco as the leading cause of preventable death; 
     and
       Whereas, the growing epidemic of childhood obesity has 
     brought renewed attention to the role that food and beverage 
     advertising and marketing play in negatively influencing 
     eating habits of youth; and
       Whereas, the food, beverage, and restaurant industries 
     recognize children as a major market force because of their 
     spending power, purchasing influence, and anticipated brand 
     loyalty as adult consumers, with children under 14 years of 
     age purchasing $24 billion in products and influencing 
     $190 billion in family purchases each year; and
       Whereas, children are being exposed to increasing amounts 
     of marketing and advertising, with $15 billion spent 
     marketing to children in the United States in 2002, double 
     the amount spent in 1992; and
       Whereas, the food, beverage, and restaurant industries 
     utilize multiple strategies to market their products to 
     children, including television advertising, in-school 
     marketing, the Internet, product placements, toys, books, and 
     clothes with food-brand logos, contests, celebrity and 
     cartoon spokespeople, and child targeted in-store and 
     restaurant promotions; and
       Whereas, children view an estimated 40,000 commercials each 
     year, 50 percent of which advertise food products--most often 
     products that are high in calories, fats, sugars, and salt, 
     with almost no references to fruits or vegetables. Children 
     watch an average of one food commercial every five minutes of 
     television viewing time, and as many as three hours of food 
     commercials each week. Latino and African-American children 
     are exposed to more television food advertising than other 
     children; and
       Whereas, in-school marketing of food and beverages has 
     become increasingly prevalent in recent years and includes: 
     (1) product sales, including sales through vending machines, 
     a la carte, snack bars, soft drink ``pouring-rights'' 
     agreements through exclusive contracts, branded fast food, 
     and fundraisers; (2) direct advertising, such as food and 
     beverage ads in schools; and (3) indirect advertising, such 
     as corporate-sponsored educational programs, sports team 
     sponsorships, and incentive programs using contests and 
     coupons; and
       Whereas, the majority of the foods and beverages sold in 
     school vending machines and school stores are calorically 
     dense and low in nutrients, which promotes purchasing and 
     consumption of these foods while children are away from their 
     parents in a captive environment that is supposed to be 
     dedicated to education; and
       Whereas, studies show that food advertising and marketing 
     result in more favorable attitudes, preferences, and 
     behaviors among children towards the advertised products and 
     that children's food preferences and food purchase requests 
     for high sugar and high fat foods are influenced by 
     television exposure to food advertising; and
       Whereas, parents face increasing strain between their 
     desire to feed their children well and the intense marketing 
     of high calorie, low-nutrition food and beverages to their 
     children; and
       Whereas, in 2003, the World Health Organization concluded 
     that the extensive marketing to children of fast food and 
     high calorie, micronutrient-poor foods and beverages is a 
     probable causal factor for the accelerating global trend 
     in weight gain obesity; and
       Whereas, children are particularly vulnerable to marketing 
     of unhealthy foods and beverages because children under the 
     age of 4 or 5 years cannot distinguish between television 
     programming and advertisements, and children age 8 and under 
     are unable to comprehend the persuasive intent and biased 
     nature of advertising, making advertising to young children 
     fundamentally unfair: Now, therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California memorializes the Congress and the President of the 
     United States to require the Federal Trade Commission to (1) 
     develop and implement nutrition standards for foods and 
     beverages that are acceptable to advertise or market to 
     children, including foods and beverages that make a positive 
     contribution to children's diets and health by being moderate 
     in portion size, calories, saturated fat, trans fat, refined 
     sugars, and sodium, and provide key nutrients and (2) 
     prohibit advertising and marketing of foods and beverages 
     that do not meet those standards through broadcast, print, 
     Internet, or other marketing venues for which a significant 
     portion of the audience is children; and be it further
       Resolved, That the Legislature memorializes the Congress 
     and the President of the United States to require the Federal 
     Communications Commission to ensure that equal time is given 
     during television programs that have a significant youth 
     audience to encourage fruit and vegetable consumption and 
     physical activity, and discourage consumption of low nutrient 
     foods and beverages. These messages must be produced and 
     delivered by individuals and organizations that have no 
     financial interest in the message; and be it further
       Resolved, That the Legislature memorializes the Congress 
     and the President of the United States to fund new and 
     existing media campaigns to promote healthy eating and 
     physical activity, such as the Centers for Disease Control 
     and Prevention's VERB campaign and the National 5 A Day 
     program; and be it further
       Resolved, That the Legislature memorializes the Centers for 
     Disease Control and Prevention and the National Institutes of 
     Health to fund research studies to further assess the effects 
     of food and beverage advertising and marketing on the diets 
     and health of children and adolescents; and be it further
       Resolved, That the Legislature calls on food and beverage 
     companies, restaurants, retail

[[Page S10698]]

     stores, advertising agencies, sports and entertainment 
     industries, and print, broadcast, and Web-based media 
     operating in California to adhere to a voluntary code of 
     practice, developed by experts, that would contain guidelines 
     and standards for responsible food and beverage advertising 
     and marketing aimed at children; 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 Congress.
                                  ____

       POM-518. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Hawaii relative to property 
     in the Waikane Valley, Hawaii; to the Committee on Armed 
     Services.

                  Senate Concurrent Resolution No. 212

       Whereas, Waikane Valley contains undeveloped land in the 
     ahupuaa of Waikane on Oahu's windward side; and
       Whereas, 33 years ago, the United States Marine Corps 
     obtained 187 acres in Waikane Valley, commonly referred to as 
     the ``Waikane Training Area,'' for military jungle and live 
     ordnance training; and
       Whereas, the United States Marine Corps has announced its 
     intention to close the Waikane Training Area, but as recently 
     as last year, the United States Marine Corps has sought to 
     use Waikane Valley for more military jungle training; and
       Whereas, ironically, Waikane Valley was abandoned as a 
     training site by the United States Marine Corps because of 
     safety concerns over the use of high explosive anti-tank and 
     bazooka rounds used in the past and the insufficient data to 
     determine the exact number of ammunition rounds fired in the 
     valley; and
       Whereas, the United States Marine Corps originally obtained 
     the right to use the Waikane Training Area by a lease from 
     the McCandless Estate and Waiahole Water Company in 1953 and 
     subsequently by a lease from the same parties and the heirs 
     of John Kamaka; and
       Whereas, the Kamaka heirs acquired title to the Waikane 
     Training Area by quitclaim deed in June of 1972 and 
     terminated the lease with the United States Marine Corps in 
     1976; and
       Whereas, between 1976 and 1993, the United States Marine 
     Corps conducted several investigations and ordnance removal 
     efforts on the property and concluded that the Waikane 
     Training Area could never be certified as being clear of 
     ordnance; and
       Whereas, the United States Navy and Marine Corps acquired 
     title to the Waikane Training Area in 1993 by condemnation as 
     a means to address the problem of not being able to fulfill 
     their lease obligations to return the property to the Kamaka 
     heirs in an ordnance-free and safe condition; and
       Whereas, land in Hawaii, and particularly agricultural and 
     conservation land, is Hawaii's most precious and limited 
     resource; and
       Whereas, Waikane Valley has served historically as 
     important agricultural area for the island of Oahu and 
     contains precious archaeological and historic sites; and
       Whereas, regardless of the 1993 condemnation, members of 
     the Waikane community believe that the United States Marine 
     Corps should live up to their commitment of cleaning up the 
     land, and they have expressed their desire to have the 
     Waikane Training Area restored to a condition that will 
     permit them to return to the aina and engage in farming and 
     other agricultural activities that would be appropriate based 
     on the condition of the remediated property; and
       Whereas, the federal government and military have 
     previously demonstrated their will and capacity to honor 
     their obligations to remediate and restore other equally or 
     more severely contaminated installations upon closure under 
     the Formerly Used Defense Site Program, Defense Environmental 
     Restoration Program, Installation Restoration Program, other 
     Department of Defense initiatives and programs, and with 
     special appropriations from Congress; and
       Whereas, the current official position of United States 
     Department of Defense is that no ordnance-contaminated site 
     can ever be certified as being clear of unexploded ordnance; 
     and
       Whereas, based on the inability to certify the Waikane 
     Training Area as being clear of unexploded ordnance, the 
     United States Navy and Marine Corps are considering permanent 
     closure of the property to the general public by erecting a 
     security fence around the area; and
       Whereas, the permanent closure of the Waikane Training Area 
     would be a devastating loss of precious agricultural, 
     historical, cultural, and natural resources to Hawaii; and
       Whereas, with sufficient funding from existing restoration 
     programs or special appropriations from Congress, or both, 
     the United States Navy and Marine Corps have the means to 
     clean-up the Waikane Training Area to a condition that is 
     reasonably safe for certain restricted uses, provided long-
     term monitoring and guidelines are established: Now, 
     therefore, be it
       Resolved by the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2004, the House of 
     Representatives concurring, That the federal government is 
     requested to conduct a thorough evaluation of the condition 
     of the Waikane Training Area, particularly with regard to 
     environmental and ordnance-related hazards that exist on the 
     property; and be it further
       Resolved, That the federal government is requested to plan 
     for and conduct as thorough a clean-up of the Waikane 
     Training Area as is technologically possible, including the 
     remediation or removal of all environmental hazards and 
     contamination and removal of all practice and live ordnance; 
     and be it further
       Resolved, That the federal government is requested to 
     conduct a post-clean-up environmental assessment of the 
     Waikane Training Area evaluating the potential risks to human 
     health and safety, for the purpose of determining the types 
     of uses and activities that could appropriately be conducted 
     on the property with minimal risk to potential users and the 
     community at large; and be it further
       Resolved, That the federal government is requested to 
     return the Waikane Training Area to the State of Hawaii upon 
     completion of the clean-up; and be it further
       Resolved, That the federal government is requested to 
     appropriate sufficient funds to plan for, implement, and 
     complete the rehabilitation and transfer of the Waikane 
     Training Area; and be it further
       Resolved, That the members of Hawaii's congressional 
     delegation are requested to assist in seeking and obtaining 
     the relief sought above; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to President of the United States, 
     President of the United States Senate, Speaker of the United 
     States House of Representatives, members of Hawaii's 
     congressional delegation, the Commandant of the Marine Corps, 
     and the Secretary of the Navy.
                                  ____

       POM-519. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to passage of the defense 
     appropriations bill; to the Committee on Armed Services.

                        House Resolution No. 114

       Whereas, the security of our nation and people is the first 
     and foremost obligation of the Federal Government; and
       Whereas, the men and women of our armed forces serving in 
     the Army, Navy, Air Force, Marine Corps, Coast Guard, 
     Merchant Marine, National Guard and Reserves have shown great 
     courage and self-sacrifice and deserve to be equipped with 
     the best weapons and resources to protect our nation; and
       Whereas, in past years politicians have delayed passing the 
     defense appropriations bill until late in the budget year so 
     that the defense appropriations bill was misused as a dumping 
     ground for pork-barrel spending and as a political hostage to 
     pork-barrel spending in other appropriations bills; and
       Whereas, in the wake of the terrorist attacks on September 
     11, 2001, the President has asked that the Congress of the 
     United States pass the defense appropriations bill before 
     passing other spending bills; and
       Whereas, Congress acted responsibly in Fiscal Years 2002 
     and 2003 when it passed the defense appropriations bill 
     first, protecting the men and women of our armed forces from 
     becoming political pawns for politicians' spending maneuvers: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania commend Congress for making our 
     nation's defense its first priority in Fiscal Years 2002 and 
     2003 and request Congressmen and Senators from Pennsylvania 
     to continue this policy by passing defense appropriations 
     legislation before all other spending bills in 2004 and in 
     the future; 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-520. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Congressional Medal of Honor; 
     to the Committee on Armed Services.
       Whereas, United States Army and Department of Defense 
     officials are reviewing a recommendation to upgrade Major 
     Winters' Distinguished Service Cross to the Congressional 
     Medal of Honor; and
       Whereas, Major Winters was originally nominated for the 
     Medal of Honor by Colonel Robert F. Sink, commander of the 
     506th Regiment, for heroic actions on June 6, 1944, during 
     the Allied invasion of Normandy, France, as 1st Lieutenant, 
     Acting Commanding Officer of E Company, 2nd Battalion, 506th 
     Parachute Infantry Regiment, 101st Airborne Division, VII 
     Corps; and
       Whereas, Major Winters' extraordinary planning, fighting 
     and commanding on that day 60 years ago in Nazi-occupied 
     Normandy during his regiment's first combat operation saved 
     countless lives and expedited the Allied inland advance; and
       Whereas, with his company outnumbered by German soldiers, 
     Major Winters destroyed German guns at Brecourt Manor and 
     secured causeways for troops coming off Utah Beach; and
       Whereas, Major Winters' battle plan for a small-unit 
     assault on German artillery has been taught at the United 
     States Military Academy at West Point; and
       Whereas, Major Winters accomplished a hazardous mission 
     with valor, inspired his service colleagues through example 
     and effectively organized his company into support and 
     assault teams on the day of invasion in the campaign for 
     European liberation during World War II: Therefore be it

[[Page S10699]]

       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress of the United 
     States to award the Congressional Medal of Honor to Major 
     Richard D. Winters without further delay; 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-521. A joint resolution adopted by the Legislature of 
     the State of California relative to the regulation of 
     financial institutions; to the Committee on Banking, Housing, 
     and Urban Affairs.

                     Senate Joint Resolution No. 20

       Whereas, the Senate and Assembly Banking Committees of the 
     California Legislature have held an informational hearing on 
     the doctrine of federal preemption of state laws and the 
     impact on California and its financial regulators; and
       Whereas, the California Constitution provides that an 
     administrative agency of the state has no authority to 
     declare a state law unenforceable unless an appellate court 
     determines that the statute is prohibited by federal laws or 
     regulations; and
       Whereas, there are two areas where tension exists between 
     federal and state law in the fields of regulation of 
     financial institutions, which are the areas relating to the 
     jurisdiction over the operating subsidiaries of national 
     banks and consumer protection; and
       Whereas, operating subsidiaries of national banks engage in 
     various financial services such as mortgages, insurance, and 
     securities-brokerage services that are beyond the scope of 
     the business of banking as originally conceived in the 
     National Bank Act of 1864; and
       Whereas, operating subsidiaries of national banks are 
     creatures of state law, not federal law, and are incorporated 
     under state law and in the past have applied for licenses 
     from state regulatory authorities to operate within 
     California; and
       Whereas, in August of 2001, and in January of 2004, the 
     Office of the Comptroller of the Currency (OCC) promulgated a 
     regulation that effectively stated that the OCC was the 
     exclusive regulator of national banks and their operating 
     subsidiaries and this regulation placed the OCC on a 
     collision course with California regulators of financial 
     institutions; and
       Whereas, the OCC has appeared as amicus curiae in several 
     recent federal court cases opposing consumer protection 
     legislation that has been passed by the California 
     Legislature, on the basis that the legislation interfered 
     with the power of national banks and their operating 
     subsidiaries to engage in the business of banking; and
       Whereas, there has been a clear, consistent, and 
     premeditated effort by the federal government, specifically 
     on the part of the OCC, to exercise jurisdiction in financial 
     regulation matters that were previously the jurisdictional 
     domain of the states, and the exercise of the jurisdiction 
     has been assisted by a complacent United States Congress and 
     deferential court system; and
       Whereas, certain interpretations of law by the OCC and the 
     Office of Thrift Supervision have prevented the application 
     of state consumer protections to federally-chartered 
     financial institutions, and frustrate the efforts of state 
     regulators and legislators to extend these protections to all 
     citizens; Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California, recognizing that the authority to resolve these 
     issues rests with the federal courts and the United States 
     Congress, respectfully requests that the United States 
     Congress disapprove the rule submitted by the Office of 
     Comptroller of the Currency relating to bank activities and 
     regulations published at 69 Federal Register 1895 (January 
     13, 2004), so the rule will have no force or effect, and if 
     necessary, consider legislation that will prevent the 
     unilateral expansion of jurisdiction over financial 
     institutions by federal regulators without the specific 
     endorsement of the elected representatives of the United 
     States Congress; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to each Senator and Representative from 
     California in the Congress of the United States, to the 
     Office of the Comptroller of the Currency, and to the Office 
     of Thrift Supervision.
                                  ____

       POM-522. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to federal Section 8 
     funding; to the Committee on Baking, Housing, and Urban 
     Affairs.

                      Assembly Resolution No. 185

       Whereas, since established in 1974, the Section 8 housing 
     assistance program has been an integral part of one of our 
     nation's most important social goals, that of providing 
     housing opportunities for low-income families, the elderly 
     and the disabled; and
       Whereas, today, the Section 8 housing voucher program is 
     the principal federal housing assistance program for low-
     income household, helping 2 million families across the 
     country to secure modest, decent housing in the private 
     housing market; and
       Whereas, the 2005 federal budget proposes to reduce Section 
     8 voucher funding by $1 billion below the 2004 level, and 
     also proposes radical changes in the program's structure that 
     would leave Section 8 vulnerable to further reductions in 
     federal funding over time; and
       Whereas, in 2005, the proposed cuts could reduce the number 
     of families currently assisted nationwide by 250,000, and the 
     funding currently projected by this Administration could 
     eventually reduce the number of vouchers by 600,000 in 2009; 
     and
       Whereas, in New Jersey alone, the existing 64,160 Section 8 
     housing vouchers could be reduced by 7,780 in 2005, and by 
     18,660 in 2009; and
       Whereas, given these circumstances, it is fitting and 
     proper for this House to respectfully urge Congress and 
     President George W. Bush not to reduce funding for the 
     Section 8 program, as thousands of families in New Jersey and 
     nationwide depend on Section 8 in order to secure affordable 
     housing and avoid homelessness: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House urges Congress and President George W. Bush 
     to fully fund the Section 8 housing voucher program, in 
     recognition of the integral part this program plays in 
     providing decent and affordable housing for thousands of our 
     nation's low-income families, the elderly and the disabled.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker Of the United States House of Representatives, the 
     Majority and Minority Leaders of the United States Senate and 
     House of Representatives, and every member of the New Jersey 
     Congressional Delegation.
       This Assembly resolution urges Congress and President 
     George W. Bush to fully fund the Section 8 housing assistance 
     program.
       The proposed 2005 federal budget reduces funding for this 
     program by $1 billion below 2004 levels. According to the 
     Center on Budget and Policy Priorities and housing advocates 
     across the country, this reduction could lead to a decrease 
     of 250,000 vouchers from the current 2 million in use 
     nationwide. Furthermore, the budget proposes a transformation 
     of the Section 8 program from a so-called ``unit-based'' to a 
     ``dollar-based'' funding system, which would leave the 
     program vulnerable to further reductions in federal funding 
     over the years. It is estimated that these changes could 
     further reduce the number of vouchers nationwide by 30% in 
     2009, a reduction of 600,000 vouchers below 2004 levels.
       In New Jersey alone, the 2005 cuts could reduce the current 
     64,160 vouchers by 7,780, and further reductions could lead 
     to an 18,660 decrease in 2009.
                                  ____

       POM-523. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to the dredging of canals 
     around the city of Gibraltar; to the Committee on Commerce, 
     Science, and Transportation.

                  Senate Concurrent Resolution No. 41

       Whereas, the city of Gibraltar in Wayne County is a unique 
     community, with more than five miles of canals bisecting the 
     city and its four islands of residences. These public 
     transportation routes include access to public and private 
     facilities, including boat ramps and marinas. Thousands of 
     people use the canals each year; and
       Whereas, with no dredging of the Gibraltar canals since the 
     late 1950s, the use of the canals is today significantly 
     threatened by the buildup of sediment throughout the system. 
     Boating traffic is hampered by the buildup. The task of 
     dealing with the Gibraltar canals is made more complex by the 
     results of testing that has identified contamination in the 
     sediment. This fact will greatly increase the costs of 
     dredging and disposal of the sediment; and
       Whereas, the costs of dredging the canals is far beyond the 
     resources available within the community of Gibraltar, and 
     the canals are available to and used by many more people than 
     residents of Gibraltar. This work clearly needs to be 
     completed. The Gibraltar canals are notable components of the 
     Detroit River system, and maintaining the quality of the 
     canals is work that is strongly related to the quality of 
     this vital part of our water transportation network. It is 
     essential that necessary resources be directed to this task: 
     Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to provide funding for the dredging of canals around 
     the city of Gibraltar; 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-524. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to competition in the cable 
     television industry; to the Committee on Commerce, Science, 
     and Transportation.

                      Assembly Resolution No. 156

       Whereas, cable television is an important source of state 
     and local news, public affairs programming, emergency 
     information and other broadcast services critical to an 
     informed and safe electorate; and
       Whereas, the cable television industry has become highly 
     concentrated in New Jersey with most areas having only one 
     cable service provider and such concentration can be a 
     barrier to entry for new programmers resulting in fewer 
     choices of programming for New Jersey consumers; and
       Whereas, the rates for cable service in New Jersey have 
     increased by over 60 percent

[[Page S10700]]

     since 1996 according to the New Jersey Board of Public 
     Utilities and none of this increase is attributable to State 
     legislation or regulation; and
       Whereas, cable television companies are allowed to 
     construct and maintain cables, conduits, poles, and other 
     equipment upon, under or over highways and other public 
     places and are permitted to use utility easements on private 
     property; and
       Whereas, there are significant societal benefits, 
     especially the freedom of speech, in having multiple 
     providers of programming services because a cable television 
     provider controls much of the programming available to its 
     subscribers; and
       Whereas, competition in the cable television industry will 
     encourage the availability of a wider array of ideas and 
     information, better rates, and improved services for New 
     Jersey consumers; and
       Whereas, it is in the public interest to further 
     competition in the cable television industry in New Jersey in 
     order to promote the availability of diverse views and 
     information, to ensure cable service providers expand their 
     capacity and program offerings, to ensure cable service 
     providers do not have undue market power or undue influence 
     over the distribution of information and to protect the best 
     interests of consumer: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly urges the President and Congress of 
     the United States to allow the states to require that cable 
     television companies shall not receive consent to operate in 
     their municipalities or franchise territories, at issuance or 
     renewal of that consent, until a cable television company 
     has:
       a. certified that there is another cable television company 
     operating in the municipality; or
       b. designated channels for commercial use as set forth in 
     47 U.S.C. s.532 and has leased two-thirds or more of the 
     channels required to be set aside to persons unaffiliated 
     with the cable television company; or
       c. implemented an open video system in accordance with 47 
     U.S.C. s.573, where ``open video system'' means a facility 
     consisting of a set of transmission paths and associated 
     signal generation, reception, and control equipment that is 
     designed to provide cable service which includes video 
     programming which is provided to multiple subscribers within 
     a community and which has been certified by the Federal 
     Communications Commission as being in compliance with Part 76 
     ``Multichannel Video and Cable Television Service'' of Title 
     47 of the Code of Federal Regulations.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested to by the 
     Clerk thereof, shall be transmitted to the President of the 
     United States, the presiding officers of the United States 
     Senate and House of Representatives, and to each member of 
     Congress elected from this State.
       This Assembly resolution urges the President and Congress 
     of the United States to allow the states to require that 
     cable television companies shall not receive consent to 
     operate in their municipalities or franchise territories at 
     issuance or renewal of that consent until a cable television 
     company has: certified that there is another cable television 
     company operating in the municipality or territory; or 
     designated channels for commercial use as set forth in 47 
     U.S.C. s.532 and has leased two-thirds or more of the 
     channels required to be set aside to persons unaffiliated 
     with the cable television company; or implemented an open 
     video system in accordance with 47 U.S.C. s.573.
       The leased commercial access provisions of 47 U.S.C. s.532 
     require a television cable company to designate channel 
     capacity for commercial use by persons unaffiliated with the 
     cable television company. Smaller companies must designate 10 
     percent of their channel capacity and larger companies must 
     designate 15 percent of their channel capacity. Channels 
     designated for public, educational, or governmental use may 
     not satisfy the requirement for leased commercial access 
     channels. If the designated channels are not leased, the 
     television cable company may continue to use them for its own 
     programming. Consumers do not receive a separate charge for 
     the programming on leased commercial access channels. An 
     example of leased commercial access channel use would be an 
     ``informercial'' channel.
       In an open access video system, as established in 47 U.S.C. 
     s.573, the operator of an open video system is released from 
     certain federal regulatory burdens in exchange for opening up 
     one-third of its activated channel capacity to bidding by 
     those who wish to contract for carriage of specific video 
     programming on an open video system. Consumers would have the 
     choice to receive and pay for this specific video 
     programming.
       The states' ability to regulate these aspects of the cable 
     television industry will lead to greater competition and will 
     encourage the availability of a wider array of ideas and 
     information, better rates, and improved services for New 
     Jersey consumers.
       POM-525. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to the Marshall Islands 
     Nuclear Claims Tribunal; to the Committee on Energy and 
     Natural Resources.
       Whereas, fifty years ago on March 1, 1954, at 6:45 a.m., 
     the United States of America tested the ``Bravo'' hydrogen 
     bomb on Bikini Atoll in the Republic of the Marshall Islands, 
     resulting in an explosion that is now acknowledged as by far 
     the most destructive nuclear detonation ever; and
       Whereas, scientists involved in the test known as ``Bravo'' 
     have maintained that they expected a yield equivalent to five 
     megatons; and
       Whereas, the ``Bravo'' bomb actually yielded 15 megatons, 
     or a thousand times more powerful than the Hiroshima bomb; 
     and
       Whereas, while U.S. servicemen on Rongerik Atoll were 
     evacuated within hours of the blast, Marshallese residents of 
     Utirik and Rongelap, all within the hazardous range of the 
     explosion, were left on their contaminated islands for at 
     least a day longer, resulting in their exposure to 
     significant radiation; and
       Whereas, the men, women, and children of these atolls were 
     already suffering burns and loss of hair at the time of their 
     removal from their homes; and
       Whereas, 23 crewmembers of the Japanese fishing boat, Lucky 
     Dragon, were also exposed to severe radiation from Bravo; and
       Whereas, a total of 67 nuclear tests were conducted in 
     Bikini and Enewetak between 1946 and 1958, exposing the 
     people of the Marshall Islands to severe health problems and 
     genetic anomalies during the tests and for generations to 
     come; and
       Whereas, if one were to calculate the net yield of all the 
     tests conducted in the Marshall Islands, it would be 
     equivalent to the detonation of 1.7 Hiroshima bombs every day 
     for 12 years; and
       Whereas, Enewetak Atoll served as ground zero for 43 tests 
     including the first-ever hydrogen device, resulting in the 
     loss of eight percent of their land, and even after a massive 
     cleanup program by the United States, the Marshallese have no 
     safe access to more than 57 percent of their land; and
       Whereas, the people of Enewetak were exiled from their home 
     for more than 33 years in spite of assurances from U.S. 
     officials that they would be repatriated in three to five 
     years after their original removal in 1946; and
       Whereas, similar promises made to Bikini residents forced 
     the surrender of their land supposedly for the ``betterment 
     of mankind''; and
       Whereas, on advice from the United States, the people of 
     Bikini were repatriated in 1967 only to be evacuated seven 
     years later when high levels of radionuclides were discovered 
     in their bodies; and
       Whereas, the people of Rongelap and Utirik were returned 
     prematurely to their atolls and received additional exposure, 
     causing many to believe that they were used to study the 
     effects of radiation on human being as contemplated in the 
     Atomic Energy Commission's now infamous Project 4.1; and
       Whereas, recently declassified information contains strong 
     indications that human experimentation using the people of 
     the exposed atolls was indeed part of the nuclear testing 
     program in the Marshall Islands; and
       Whereas, in its Compact of Free Association (Compact), the 
     United States of America accepts the responsibility for 
     compensation owing to the citizens of the Marshall Islands . 
     . . for loss or damage to property and person . . . resulting 
     from the nuclear testing program which the Government of the 
     United States conducted in the Northern Marshall Islands 
     between June 30, 1946 and August 18, 1959'': and
       Whereas, the pertinent provisions of the Compact were 
     negotiated based on limited and misleading information 
     provided by the United States Government to the Marshallese 
     representatives, a fact exposed only recently in material 
     declassified by the United States and acknowledged by their 
     officials; and
       Whereas, the funds provided under the Compact agreement are 
     grossly inadequate to provide for health care and 
     environmental monitoring, personal injury claims, or land and 
     property damage; and
       Whereas, the ``changed circumstances'' provision of section 
     177 of the Compact provides that if the agreement on nuclear 
     matters is manifestly inadequate to meet the technological 
     and financial requirements anticipated during the 
     negotiations, or if new information emerges which renders 
     those agreements insufficient for the purpose of concluding 
     full and just compensation, the Congress of the United States 
     would consider a request for proper compensation; and
       Whereas, the Government of the Marshall Islands submitted 
     such a petition on September 11, 2000; and
       Whereas, just compensation and continued funding for 
     promised medical and health programs for survivors of the 
     atomic tests depend upon Congress' favorable consideration of 
     this petition; and
       Whereas, over the past 15 years Hawaii has provided 
     medical, educational, and other supportive services to lawful 
     nonimmigrants from the Republic of the Marshall Islands, 
     without reimbursement from the United States: Now, therefore, 
     be it
       Resolved by the Senate of the Twenty-second Legislature of 
     the State of Hawaii, Regular Session of 2004, the House of 
     Representatives concurring, That the United States Congress 
     is respectfully requested to take appropriate measures to 
     provide for the compensation of awards including property 
     damage claims, to the fullest extent, as determined by the 
     Marshall Islands Nuclear Claims Tribunal, and to provide for 
     the costs of cleaning up nuclear sites in the Marshall 
     Islands; and be it further
       Resolved, That the Legislature expresses deep regret for 
     the nuclear testing legacy which the people of the Marshall 
     Islands

[[Page S10701]]

     have inherited, and hereby requests the Governor to declare 
     March 1 as a Day of Remembrance for the survivors of the 
     United States nuclear tests in the Marshall Islands; and be 
     it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, President of the United States Senate, Speaker of the 
     United States House of Representatives, Governor of Hawaii, 
     Speaker of the Marshall Islands Nitijela, and Mayor of Bikini 
     Atoll.
                                  ____

       POM-526. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to gasoline types; to the Committee on Environment 
     and Public Works.

                        House Resolution No. 272

       Whereas, while there are many factors that are contributing 
     to the recent swift rise in pump prices for gasoline, a 
     significant element is the number of gasoline types 
     refineries must produce to meet environmental standards of 
     various metropolitan regions across the country. Over the 
     years, federal mandates to improve air quality in areas with 
     problems have resulted in a complicated patchwork of fuel 
     requirements. The Large number of fuels is also the result of 
     the strategies individual states have developed to meet 
     federal standards; and
       Whereas, while the goals of cleaner air are important 
     challenges that must be met, it seems inefficient on many 
     levels for refineries to have to develop, produce, and 
     deliver so many different types of gasoline. In the Midwest 
     alone, at least seven types of fuel must be made. The impact 
     of these requirements is to raise costs, delay production, 
     disrupt distribution, and reduce the supply. These problems, 
     as Michigan has learned all too well, become far more severe 
     when any unforeseen events, such as a gasoline pipeline 
     accident or a refinery fire, take place; and
       Whereas, although the ultimate goal of a single gasoline 
     type for the entire country at any given time may not be 
     attainable because of the enormous variations in geographical 
     and climatic conditions across America, requiring the country 
     to sharply reduce the number of gasoline types can bring 
     great benefits. In addition, using cleaner fuels may enhance 
     air quality not only in ozone nonattainment areas, but 
     everywhere: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to review the 
     issue of the number of gasoline types refined across the 
     country and to enact legislation that will sharply reduce the 
     number of gasoline types required to meet local environmental 
     standards; 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-527. A joint resolution adopted by the General Assembly 
     of the State of Rhode Island relative to the Medicare 
     Prescription Drug, Improvement and Modernization Act of 2003; 
     to the Committee on Finance.

                            Joint Resolution

       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) will result in significant 
     savings for only a minority of beneficiaries with extremely 
     large drug bills and may cost some beneficiaries more in 
     premiums, deductibles and co-pays than they will get back in 
     benefits; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization At of 2003 (MMA) provides no substantive drug 
     benefits until 2006 other than a discount card that will 
     provide minimal discounts on prescription drugs for most 
     beneficiaries; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) creates a ``doughnut hole'' 
     by suspending coverage for drug costs between $2,250 and 
     $5,100 a year; and
       Whereas, the average beneficiary is projected to spend 
     $3,155 on drugs when the program starts, placing many of them 
     within this large gap in prescription drug coverage caused by 
     the ``doughnut hole''; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) specifically prohibits the 
     federal government from directly negotiating with drug 
     manufacturers to obtain lower prices for covered drugs; and
       Whereas, low-income Medicaid beneficiaries will lose 
     protections and benefits they currently enjoy under Medicaid 
     and will be subject to higher co-payments and lose any wrap-
     around coverage under Medicaid; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) requires non-Medicaid 
     eligible low-income beneficiaries to be subject to a rigorous 
     assets test; and
       Whereas, while states are being relieved of their 
     responsibility of offering drug coverage to `dual eligibles,' 
     they will be required to reimburse the federal government for 
     a significant percent of the cost of drug benefits for these 
     beneficiaries and states will also lose this group in their 
     own negotiating pool for Medicaid drugs; and
       Whereas, the deductible beneficiaries pay for drug coverage 
     will be indexed to growth in aggregate Part D (prescription 
     drug) expenditures; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) reduces home health 
     reimbursement rates by an estimated $6.5 billion over 10 
     years and these lower reimbursement rates threaten 
     beneficiaries' access to critical home health services: Now, 
     therefore be it
       Resolved, That this General Assembly of the State of Rhode 
     Island and Providence Plantations hereby respectfully urges 
     the United States Congress to amend the Medicare Prescription 
     Drug, Improvement and Modernization Act of 2003 (MMA) to 
     address the serious gaps and issues raised in this resolution 
     including: eliminating the prohibition on the federal 
     government negotiating lower prices for drugs, narrowing the 
     gap in the ``doughnut hole,'' liberalizing the restrictive 
     asset test for persons with low incomes, changing the index 
     for beneficiary contributions from drug price inflation to 
     the consumer price index for beneficiary contributions from 
     drug price inflation to the consumer price index, and 
     restoring scheduled reductions in home care reimbursement; 
     and be it further
       Resolved, That the secretary of state be and he hereby is 
     authorized and directed to transmit duly certified copies of 
     this resolution to the Honorable George W. Bush, President of 
     the United States, the President of the Senate, and the 
     Speaker of the House of Representatives of the Congress of 
     the United States, and to each member of the Rhode Island 
     Congressional Delegation
                                  ____

       POM 528. A resolution adopted by the House of 
     Representatives of the General Assembly of the State of Rhode 
     Island relative to the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003; to the Committee 
     on Finance.

                            House Resolution

       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) will result in significant 
     savings for only a minority of beneficiaries with extremely 
     large drugs bills and may cost some beneficiaries more in 
     premiums, deductibles and co-pays than they will get back in 
     benefits; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) provides no substantive drug 
     benefits until 2006 other than a discount card that will 
     provide minimal discounts on prescription drugs for most 
     beneficiaries; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) creates a ``doughnut hole'' 
     by suspending coverage for drug costs between $2,250 and 
     $5,100 a year; and
       Whereas, the average beneficiary is projected to spend 
     $3,155 on drugs when the program starts, placing many of them 
     within this large gap in prescription drug coverage caused by 
     the ``doughnut hole''; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) specifically prohibits the 
     federal government from directly negotiating with drug 
     manufacturers to obtain lower prices for covered drugs; and
       Whereas, low-income Medicaid beneficiaries will lose 
     protections and benefits they currently enjoy under Medicaid 
     and will be subject to higher co-payments and lose any wrap-
     around coverage under Medicaid; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) requires non-Medicaid 
     eligible low-income beneficiaries to be subject to a rigorous 
     asset test; and
       Whereas, while states are being relieved of their 
     responsibility of offering drug coverage to ``dual 
     eligibles,'' they will be required to reimburse the federal 
     government for a significant percent of the cost of drug 
     benefits for these beneficiaries and states will also lose 
     this group in their own negotiating pool for Medicaid drugs; 
     and
       Whereas, the deductible beneficiaries pay for drug coverage 
     will be indexed to growth in aggregate Part D (prescription 
     drug) expenditures; and
       Whereas, the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (MMA) reduces home health 
     reimbursement rates by an estimated $6.5 billion over 10 
     years and these lower reimbursement rates threaten 
     beneficiaries' access to critical home health services: Now, 
     and therefore be it
       Resolved, That this House of Representatives of the State 
     of Rhode Island and Providence Plantations hereby 
     respectfully urges the United States Congress to amend the 
     Medicare Prescription Drug, Improvement and Modernization Act 
     of 2003 (MMA) to address the serious gaps and issues raised 
     in this resolution including: eliminating the prohibition on 
     the federal government negotiating lower prices for drugs, 
     narrowing the gap in the ``doughnut hole'', liberalizing the 
     restrictive asset test for persons with low incomes, changing 
     the index for beneficiary contributions from drug price 
     inflation to the consumer price index, and restoring 
     scheduled reductions in home care reimbursement; and be it 
     further
       Resolved, That the Secretary of State be and he hereby is 
     authorized and directed to transmit duly certified copies of 
     this resolution to the Honorable George W. Bush, President of 
     the United States, the President of the Senate, and the 
     Speaker of the House of Representatives of the Congress of 
     the United States, and to each member of the Rhode Island 
     Congressional Delegation.

[[Page S10702]]



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