[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Senate]
[Pages S10838-S10845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-9613. A communication from the Administrator, Poultry 
     Programs, Department of Agriculture, transmitting, pursuant 
     to law, the report of a rule entitled ``Regulations Governing 
     Inspection of Eggs'' (RIN0581-AB74) received on October 7, 
     2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-9614. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Winter Pears in Oregon and Washington; Decrease of a 
     Continuing Supplemental Assessment Rate for the Beurre 
     d'Anjou Variety of Pears Grown in Oregon and Washington'' 
     (FV04-927-2) received on October 7, 2004; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-9615. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Dried Prunes Produced in California; Increased Assessment 
     Rate'' (FV04-993-2) received on October 7, 2004; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-9616. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Mandatory Country of Origin Labeling of Fish; Interim Final 
     Rule'' (RIN0581-AC26) received on October 7, 2004; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-9617. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Mango Promotion, Research, and Information Order'' 
     (RIN0581-AC05) received on October 7, 2004; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-9618. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Gypsy Moth Generally Infested Areas'' (Doc. No. 04-025-2) 
     received on October 5, 2004; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-9619. A communication from the Secretary of Agriculture, 
     transmitting, a draft of proposed legislation to amend the 
     Livestock Mandatory Reporting Act of 1999; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-9620. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9621. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9622. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9623. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.

[[Page S10839]]

       EC-9624. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9625. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9626. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9627. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9628. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     lieutenant general; to the Committee on Armed Services.
       EC-9629. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     rear admiral (lower half); to the Committee on Armed 
     Services.
       EC-9630. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     general; to the Committee on Armed Services.
       EC-9631. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     admiral; to the Committee on Armed Services.
       EC-9632. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     general; to the Committee on Armed Services.
       EC-9633. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of the authorization to wear the insignia of 
     rear admiral; to the Committee on Armed Services.
       EC-9634. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of officers authorized to wear the insignia of 
     the next higher grade ; to the Committee on Armed Services.
       EC-9635. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a report of a retirement; to the Committee on Armed 
     Services.
       EC-9636. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, transmitting, pursuant to law, a report of the 
     authorization to wear the insignia of vice admiral; to the 
     Committee on Armed Services.
       EC-9637. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, transmitting, pursuant to law, a report of the 
     authorization to wear the insignia of vice admiral; to the 
     Committee on Armed Services.
       EC-9638. A communication from the Deputy Secretary, 
     Division of Market Regulation, Securities and Exchange 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Amendments to Rule 19b-4, Filing With Respect 
     to Proposed Rule Changes by Self-Regulatory Organizations, 
     Form 19b-4, and Rule 11Aa3-2, Filing and Amendment of 
     National Market System Plans, Under the Securities Exchange 
     Act of 1934, and Regulation S-T, Mandated Electronic 
     Submissions and Exceptions, under the Securities Act of 
     1933'' (RIN3235-AJ20) received on October 5, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-9639. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, the report of a transaction involving U.S. 
     exports to Singapore; to the Committee on Banking, Housing, 
     and Urban Affairs.
       EC-9640. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety Zone (Including 4 
     Regulations, COTP Jacksonville 04-112, COTP San Francisco Bay 
     04-025, COTP Jacksonville 04-093, CGD05-04-191'' (RIN1625-
     AA00) received on October 6, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9641. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Drawbridge Regulations 
     (Including 5 Regulations), CGD05-04-166, CGD01-04-121, CGD01-
     04-116, CGD01-04-123'' (RIN1625-AA09) received on October 6, 
     2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9642. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Mandatory Ballast Water 
     Management Program for U.S. Waters USCG-2002-14273'' 
     (RIN1625-AA52) received on October 6, 2004; to the Committee 
     on Commerce, Science, and Transportation.
       EC-9643. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Security Zone: Atlantic 
     Ocean, Chesapeake and Delaware Canal, Delaware Bay, Delaware 
     River and its tributaries (CGD05-04-047)'' (RIN1625-AA87) 
     received on October 6, 2004; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9644. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Special Local 
     Regulations (Including 5 Regulations), CGD05-04-160, CGD13-
     04-039, CGD05-04-182, CGD05-04-184, CGD05-04-190'' (RIN1625-
     AA08) received on October 6, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9645. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Shipping and 
     Transportation; Technical, Organizational and Conforming 
     Amendments (USCG-2004-18884)'' (RIN1625-ZA03) received on 
     October 6, 2004; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9646. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety Zone; Upper 
     Chesapeake Bay, Patapsco and Severn Rivers, MD (CGD05-04-
     135)'' (RIN1625-AA00) received on October 6, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9647. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Security Zone; Suisun 
     Bay, Concord California (COTP San Francisco Bay 04-022)'' 
     (RIN1625-AA87) received on October 6, 2004; to the Committee 
     on Commerce, Science, and Transportation.
       EC-9648. A communication from the Secretary of 
     Transportation , transmitting, pursuant to law, a report 
     entitled ``National Plan of Integrated Airport Systems 
     (NPIAS) 2005-2009''; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9649. A communication from the Secretary of the 
     Interior, transmitting, pursuant to law, the report of a rule 
     entitled ``Subsistence Management Regulations for Public 
     Lands in Alaska'' (RIN1018-AT58) received on October 7, 2004; 
     to the Committee on Energy and Natural Resources.
       EC-9650. A communication from the Chairman, Nuclear 
     Regulatory Commission, transmitting, pursuant to law, a 
     report relative to the Commission's licensing and regulatory 
     duties; to the Committee on Environment and Public Works.
       EC-9651. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Delaware: 
     Final Authorization of State Hazardous Waste Management 
     Program Revisions'' (FRL#7825-5) received on October 7, 2004; 
     to the Committee on Environment and Public Works.
       EC-9652. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Florida: 
     Final Authorization of State Hazardous Waste Management 
     Program Revision'' (FRL#7825-8) received on October 7, 2004; 
     to the Committee on Environment and Public Works.
       EC-9653. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants for Coke 
     Ovens: Pushing, Quenching, and Battery Stacks'' (FRL#7826-2) 
     received on October 7 , 2004; to the Committee on Environment 
     and Public Works.
       EC-9654. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revised 
     Allotment Formula for Interstate Monies Appropriated Under 
     Section 106 of the Clean Water Act'' (FRL#7825-2) received on 
     October 7, 2004; to the Committee on Environment and Public 
     Works.
       EC-9655. A communication from the Director of Finance and 
     Administration, Delta Regional Authority, transmitting, 
     pursuant to law, the Authority's Audited Financial Statements 
     for Fiscal Year 2003; to the Committee on Environment and 
     Public Works.
       EC-9656. A communication from the Deputy Assistant 
     Secretary, Fish and Wildlife Service, Department of the 
     Interior, transmitting, pursuant to law, the report of a rule 
     entitled ``Endangered and Threatened Wildlife and Plants; 
     Designation of Critical Habitat for the Klamath River and 
     Columbia River Populations of Bull Trout'' (RIN1018-AI52) 
     received on October 7, 2004; to the Committee on Environment 
     and Public Works.
       EC-9657. A communication from the Chief, Regulations 
     Branch, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Merchandise 
     Fees Eligible to be Claimed as Certain Types of Drawback 
     Based on Substitutions

[[Page S10840]]

     of Finished Petroleum Derivatives'' (RIB1505-AB44) received 
     on October 5, 2004; to the Committee on Finance.
       EC-9658. A communication from the Trade Representative, 
     Executive Office of the President, transmitting, pursuant to 
     law, a report relative to a free trade agreement with five 
     countries of Central America and the Dominican Republic; to 
     the Committee on Finance.
       EC-9659. A communication from the Regulations Coordinator, 
     Centers for Medicaid and Medicare Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Interest 
     Calculations'' (RIN0938-AL14) received on October 5, 2004; to 
     the Committee on Finance.
       EC-9660. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``United States Internal Revenue Service v. Donald 
     Snyder 343 F3d 1171'' (AOD2004-41) received on October 7, 
     2004; to the Committee on Finance.
       EC-9661. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Weighted Average Interest Rate Update Notice--
     Pension Funding Equity Act of 2004'' (Notice 200) received on 
     October 7, 2004; to the Committee on Finance.
       EC-9662. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, transmitting, 
     pursuant to law, the report of the certification of a 
     proposed manufacturing license for the export of defense 
     articles or defense services in the amount of $100,000,000 or 
     more to Germany; to the Committee on Foreign Relations.
       EC-9663. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, transmitting, 
     pursuant to law, the report of the certification of a 
     proposed manufacturing license for the export of defense 
     articles or defense services in the amount of $100,000,000 or 
     more to a Sea Launch Platform in International Waters, or 
     French Guiana, or Kazhakstan; to the Committee on Foreign 
     Relations.
       EC-9664. A communication from the Chairperson, District of 
     Columbia Commission on Judicial Disabilities and Tenure, 
     transmitting, pursuant to law, the Commission's annual 
     report; to the Committee on Governmental Affairs.
       EC-9665. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-529, ``Alcoholic Beverage Penalty 
     Act of 2004''; to the Committee on Governmental Affairs.
       EC-9666. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-530, ``Gallery Place Project 
     Graphics Temporary Amendment Act of 2004''; to the Committee 
     on Governmental Affairs.
       EC-9667. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-532, ``Juvenile Justice Temporary 
     Act of 2004''; to the Committee on Governmental Affairs.
       EC-9668. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-531, ``Unemployment Compensation 
     Pension Offset Reduction Temporary Amendment Act of 2004''; 
     to the Committee on Governmental Affairs.
       EC-9669. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-528, ``Fleeing Law Enforcement 
     Prohibition Amendment Act of 2004''; to the Committee on 
     Governmental Affairs.
       EC-9670. A communication from the Coordinator, Forms 
     Committee, Federal Election Commission, transmitting, 
     pursuant to law, a report relative to FEC Form 13, Report of 
     Donations Accepted for Inaugural Committee; to the Committee 
     on Rules and Administration.
       EC-9671. A communication from the National President, 
     Women's Army Corps Veterans' Association, transmitting, 
     pursuant to law, the Association's annual audit; to the 
     Committee on Veterans' Affairs.

                        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-529. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the Central America Free Trade Agreement; to the 
     Committee on Finance.

                  House Concurrent Resolution No. 113

       Whereas, American sugar producers are among the most 
     efficient in the world, with two-thirds of the world's sugar-
     producing countries producing at a higher cost than the 
     United States; and
       Whereas, Louisiana is one of the nation's top sugar-
     producing states, with sugar cane harvested on approximately 
     four hundred fifty thousand acres spread across twenty-four 
     parishes; and
       Whereas, the sugar industry has an estimated two billion 
     dollar economic impact on Louisiana with approximately seven 
     hundred fifty million dollars in annual sales; and
       Whereas, thirty-two thousand Louisianians directly depend 
     on sugar for their livelihood; and
       Whereas, American sugar producers currently work under a 
     World Trade Organization tariff rate quota system that 
     prohibits other countries from flooding the United States 
     market with unfairly traded raw sugar; and
       Whereas, flooding the market with unfairly traded sugar 
     will depress the United States price, cause sugar loan 
     forfeitures, significantly increase government costs, put 
     sugar producers, mills, and refineries out of business, and 
     hurt communities that depend on these sugar industries; and
       Whereas, the sugar provisions in the Central America Free 
     Trade Agreement allow Central American countries to increase 
     the current quota of sugar they can ship into the United 
     States by seventy-five percent next year with an additional 
     two percent increase per year for the next fifteen years; and
       Whereas, large increases in sugar imports will likely drive 
     the domestic raw sugar price down below break-even levels for 
     a large percentage of Louisiana sugar cane producers; and
       Whereas, opening up the domestic market to high levels of 
     imports could destroy the domestic industry in Louisiana, 
     which is a vital economic engine for jobs and families; and
       Whereas, the world sugar market is grossly distorted by 
     government intervention, resulting in the dumping of 
     surpluses onto the severely depressed world market; and
       Whereas, bilateral and regional free trade agreements hurt 
     the nations that unilaterally disarm themselves by opening 
     their markets: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize congress to oppose the Central America Free Trade 
     Agreement and the inclusion of sugar in all United States 
     free trade agreements; Be it further
       Resolved, That the Legislature of Louisiana urges the 
     president to restrict all negotiations concerning sugar to 
     the World Trade Organization; Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-530. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Federal Temporary Extended 
     Unemployment Compensation (TEUC) program; to the Committee on 
     Finance.

                        House Resolution No. 659

       Whereas, over the past few years the national economy has 
     struggled unsuccessfully to rebound from the recession, and a 
     strong and sustainable recovery remains elusive; and
       Whereas, twenty-two percent of the nation's unemployed have 
     been out of work for more than six months; and
       Whereas, in November 2003, long-term joblessness reached a 
     20-year high; and
       Whereas, the average duration for unemployment in January 
     increased to 19.8 weeks, and for 16 consecutive months the 
     long-term unemployment rate has exceeded 20 weeks; and
       Whereas, in January 2004, the nation's unemployment rate 
     remained at 5.6% and the Pennsylvania unemployment rate was 
     5.3%; and
       Whereas, the President and Congress originally approved 
     TEUC compensation to provide assistance to unemployed workers 
     who were unable to find jobs before exhausting their regular 
     benefits and to stimulate the economy by injecting dollars 
     directly into local communities; and
       Whereas, according to the United States Department of 
     Labor's Bureau of Labor Statistics, between January of 2001 
     and December of 2003, the loss of private sector jobs stood 
     at 2.9 million nationally and totaled 220,000 in the 
     Commonwealth of Pennsylvania; and
       Whereas, across the nation more than 1 million unemployed 
     workers are expected to exhaust their regular benefits in the 
     first quarter of 2004; and
       Whereas, in January, 17,050 Pennsylvanians reached the end 
     of their eligibility for unemployment benefits but still 
     could not find jobs; and
       Whereas, job growth in the Commonwealth of Pennsylvania has 
     trailed working-age population growth by three percentage 
     points since the recession began and the prospects for 
     employment of long-term unemployed individuals remain bleak; 
     and
       Whereas, employers in the Commonwealth of Pennsylvania will 
     benefit from increased consumer demand pumped into the 
     Commonwealth economy by unemployed workers if TEUC benefits 
     are extended: Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     Congress of the United States to extend and make retroactive 
     the Federal TEUC program; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, George W. Bush, and to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.

[[Page S10841]]

     
                                  ____
       POM-531. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to Social Security 
     disability and workers' compensation benefits; to the 
     Committee on Finance.

                       Assembly Resolution No. 73

       Whereas, the Social Security Act currently limits the total 
     sum that a permanently, totally disabled worker may receive 
     in federal Social Security disability benefits and state 
     workers' compensation benefits combined to 80% of the 
     worker's pre-injury income; and
       Whereas, that act, because of amendments made in 1981 to 42 
     U.S.C. 424a (a), limits the sum of Social Security disability 
     and workers' compensation benefits by requiring that if the 
     sum of Social Security disability benefits and workers' 
     compensation exceeds that 80% cap, the Social Security 
     benefits must be reduced by the excess amount; and
       Whereas, the stated purpose of those 1981 amendments was to 
     prevent disabled workers form collecting the full amount of 
     both Social Security disability benefits and workers' 
     compensation, which in some cases had resulted in the workers 
     receiving benefits of substantially greater value than the 
     value of their previous wages; and
       Whereas, rather than just preventing the combined total of 
     Social Security and workers' compensation benefits for the 
     disabled from exceeding the value of previous wages, the 
     amendments, because they do not adjust the 80% cap for 
     inflation, have instead had the effect, over time, of 
     steadily reducing the real value of the combined Social 
     Security and workers' compensation benefits to those injured 
     workers; and
       Whereas, with sustained, substantial inflation causing the 
     Consumer Price Index to increase more than 30% during the 
     last 10 years and more than 100% in the last 20 years, the 
     failure to adjust the 80% cap often has a devastating impact 
     on the real value of the benefits on which many disabled 
     workers depend; and
       Whereas, the fact that the Social Security Act provides for 
     the annual adjustment of Social Security benefits, including 
     disability benefits, for changes in the Consumer Price Index, 
     suggests that an historic goal of the act is to prevent 
     inflation from eroding the value of benefits, a goal that is 
     undermined, in the case of disabled workers who receive both 
     Social Security disability and workers' compensation 
     benefits, by the failure of the 1981 amendments to provide 
     for the adjustment of the 80% cap for changes in the Consumer 
     Price Index: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House urges Congress to amend the Social Security 
     Act to provide that the calculation of the 80% limit on total 
     combined Social Security and workers' compensation benefits 
     for permanently and totally disabled workers under the act be 
     based, not on the pre-injury earnings of the workers, but on 
     those earnings adjusted for inflation which occurs after the 
     injuries occur.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President and the Vice 
     President of the United States, the Speaker of the United 
     States House of Representatives, the Majority and Minority 
     Leaders of the United States Senate and the United States 
     House of Representatives, and each member of Congress elected 
     from this State.
                                  ____

       POM-532. A resolution adopted by the House of 
     Representatives of the General Assembly of the State of 
     Delaware relative to Falun Gong practitioners in China; to 
     the Committee on Foreign Relations.

                        House Resolution No. 86

       Whereas, Falun Gong, also know as Falun Dafa, is a peaceful 
     and nonviolent form of personal belief and practice with 
     millions of adherents in the People's Republic of China and 
     elsewhere; and
       Whereas, the spiritual and meditative practice of Falun 
     Gong is based on truthfulness, compassion and tolerance, 
     which was taught in private for thousands of years before Mr. 
     Li Hongzhi introduced the practice to the general public in 
     China in 1992; and
       Whereas, Falun Gong is practiced freely in more than 50 
     countries by tens of millions of people; and
       Whereas, since July 1999, the government of the People's 
     Republic of China has forbidden Falun Gong practitioners to 
     practice their beliefs, and has systematically attempted to 
     eradicate the practice and those who follow it; and
       Whereas, this policy violates the Constitution of the 
     People's Republic of China as well as the International 
     Covenant on Civil and Political Rights and the Universal 
     Declaration of Human Rights; and
       Whereas, According to the Falun Dafa Information Center, 
     hundreds of thousands of people have been arrested, detained, 
     imprisoned, sent to labor camps, treated with cruelty, 
     tortured, persecuted and in many cases killed by authorities 
     in China in connection with their practice of Falun Gong; and
       Whereas, also according to the Falun Dafa Information 
     Center, women in particular have been the target of numerous 
     forms of sexual violence, including rape, sexual assault, and 
     forced abortion; and
       Whereas, the brutal oppression of peaceful practitioners of 
     Falun Gong is a blatant violation of human rights; and
       Whereas, according to a December 1, 2002 article in the 
     Philadelphia Inquirer Magazine, Jingfang Yang, who is the 
     sister of Thomas Jefferson University Hospital psychiatrist 
     Michael J. Yang, has been imprisoned since October 30, 2002; 
     and
       Whereas, several permanent United States residents and 
     citizens have been affected by this oppression and have been 
     subjected to arbitrary detention, imprisoned, and tortured in 
     the People's Republic of China; and
       Whereas, Dr. Charles Li, a United States citizen, is among 
     the detained practitioners who have been isolated from their 
     families and loved ones; and
       Whereas, on July 24, 2002 the United States House of 
     Representatives passed House Concurrent Resolution 188 
     ``Expressing the sense of Congress that the Government of the 
     People's Republic of China should cease its persecution of 
     Falun Gong practitioners''; and
       Whereas, on March 3, 2004 the United States House of 
     Representatives passed House Resolution 530, as amended, 
     which was a general resolution ``Urguing the appropriate 
     representative of the United States to the 60th Session of 
     the United Nations Commission on Human Rights to introduce a 
     resolution calling upon the Government of the People's 
     Republic of China to end its human rights violations in 
     China'' and specifically sought redress for the persecuted 
     Falun Gong practitioners in China: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Delaware, That it does hereby recognize the plight of 
     practitioners of Falun Gong in China; and be it further
       Resolved, that the United States Congress is urged to take 
     all appropriate actions and to use all appropriate public and 
     private forums to urge the Government of the People's 
     Republic of China to release Falun Gong practitioners, to put 
     an end to the practices of torture and other cruel, inhumane, 
     and degrading treatment against them, and to abide by the 
     International Covenant on Civil and Political Rights and the 
     Universal Declaration of Human Rights by allowing Falun Gong 
     practitioners to pursue their personal beliefs; and be it 
     further
       Resolved, that copies of this resolution be transmitted to 
     the presiding officers of each house of the United States 
     Congress, to each member of Delaware's Congressional 
     Delegation, and to The Honorable Colin L. Powell, United 
     States Secretary of State.
                                  ____

       POM-533. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the Mary Ann Collura Post 
     Office Building; to the Committee on Governmental Affairs.

                      Assembly Resolution No. 167

       Whereas, Mary Ann Collura became Fair Lawn's first female 
     police officer in 1985; and
       Whereas, eighteen years later, on the night of April 17, 
     2003, Collura became the Fair Lawn Police Department's first 
     officer killed in the line of duty; and
       Whereas, Collura was shot twice on the lawn of a Fair Lawn 
     church, where she had raced to assist a Clifton, New Jersey 
     police officer who was trying to arrest three men following a 
     car chase; and
       Whereas, a multi-state manhunt ensued for the main suspect, 
     who fled to Florida, where he was later found and killed in a 
     shootout with police; and
       Whereas, Collura was a popular street cop known for her 
     sense of humor, her many commendations, her love of 
     motorcycles and her devotion to the protection and care of 
     her neighbors; and
       Whereas, in 1999, Collura instituted a program to 
     distribute glow sticks to children on Halloween so the 
     children would be clearly visible to motorists; and
       Whereas, as a trailblazer for female law enforcement 
     officers in Bergen County, Collura was always available to 
     hear the concerns and issues facing other female officers and 
     she routinely obtained the names and numbers of new female 
     officers from the county, welcomed them to their department, 
     and offered advice and an open ear to them; and
       Whereas, Collura was courageous, kind, concerned about the 
     world and people around her, very highly regarded by her 
     fellow officers and beloved by the people of Fair Lawn; and
       Whereas, bills, cosponsored by all of the Members of the 
     New Jersey Congressional delegation, have been introduced in 
     the United States House and Senate to honor the life of Mary 
     Ann Collura by re-designating the United States Postal 
     Service located at 14-24 Abbott Road in Fair Lawn, New 
     Jersey, and known as the Fair Lawn Main Post Office, as the 
     Mary Ann Collura Post Office Building: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly of the State of New Jersey 
     memorializes the Congress of the United States to enact 
     legislation redesignating the facility of the United States 
     Postal Service located at 14-24 Abbott Road in Fair Lawn, New 
     Jersey, as the Mary Ann Collura Post Office Building.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested to by the 
     Clerk thereof, shall be presented to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and every Member of the Congress elected 
     from this State.
                                  ____

       PO-534. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to financial assistance for 
     children of migrant workers; to the Committee on Health, 
     Education, Labor, and Pensions.

[[Page S10842]]

                     House Joint Resolution 04-1064

       Whereas, changes in the United States economy in recent 
     years have added new and different types of jobs to those 
     traditionally performed by migrant workers in the 
     agricultural sector of the economy; and
       Whereas, many of these new fields have developed in the 
     service industries associated with growing economic 
     activities such as tourism, gaming, and the needs of high 
     technology; and
       Whereas, In addition to the migrant workers that are so 
     important to agriculture, migrant workers in these other 
     emerging areas of our economy will be a vital part of the 
     growth and expansion of these industries; and
       Whereas, the educational needs of the children of all 
     migrant workers should continue to be a major concern of the 
     federal and state governments; and
       Whereas, children of all types of migrant workers can 
     suffer from performance problems in our public schools due to 
     many factors, including the effects of attending multiple 
     schools necessitated by the cyclical relocation needs of 
     their parents; and
       Whereas, these performance problems can be detrimental to 
     the educational environment of our public schools if not 
     addressed; and
       Whereas, the educational needs of children of migrant 
     workers affects many communities in Colorado; and
       Whereas, the children of migrant workers should be eligible 
     for migrant student educational assistance regardless of the 
     industry in which the migrant parents work: Now, therefore, 
     be it
       Resolved by the House of Representatives of the Sixty-
     fourth General Assembly of the State of Colorado, the Senate 
     concurring herein: That we, the members of the Sixty-fourth 
     General Assembly, encourage the President of the United 
     States and the United States Congress to take action to 
     ensure that federal programs providing financial assistance 
     for the educational needs of children of migrant workers 
     include children of migrant workers in all sectors of our 
     economy; be it further
       Resolved, That copies of this Joint Resolution be 
     transmitted to the President and Vice President of the United 
     States, the Speaker of the United States House of 
     Representatives, the Minority Leader of the United States 
     House of Representatives, the Majority Leader of the United 
     States Senate, the Minority Leader of the United States 
     Senate, and to each member of Colorado's Congressional 
     delegation.
                                  ____

       POM-535. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Men's Health Act; to the 
     Committee on Health, Education, Labor, and Pensions.

                        House Resolution No. 744

       Whereas, male morbidity and mortality from preventable 
     causes is substantial, with significant and alarming 
     disparities among subpopulations of men based on race, 
     ethnicity and socioeconomic status; and
       Whereas, a silent health crisis is affecting the health and 
     well-being of American men; and
       Whereas, this health crisis is of particular concern to men 
     but is also a concern for women, especially those who have 
     fathers, husbands, sons and brothers; and
       Whereas, the National Center for Health Statistics has 
     shown that men have higher age-adjusted death rates than 
     women for each of the top ten leading causes of death in the 
     United States; and
       Whereas, men are almost twice as likely as women to die 
     from heart disease, and the incidence of stroke is more than 
     10% higher in men than in women; and
       Whereas, men are 50% more likely to die from cancer than 
     women; and
       Whereas, the life expectancy gap between men and women has 
     steadily increased from 1 year in 1920 to 5.5 years in 2000; 
     and
       Whereas, since women live longer and tend to marry older 
     men, seven out of ten baby boom women will outlive their 
     husbands, and many of these women can expect to be widows for 
     more than 15 years; and
       Whereas, older women are three times more likely than older 
     men to be living alone, nearly twice as likely to reside in a 
     nursing home and more than twice as likely to live in 
     poverty; and
       Whereas, more than half of the elderly widows now living in 
     poverty were not poor before their husbands died; and
       Whereas, studies show that health-related disparities 
     between men and women are due in part to lack of awareness, 
     poor health education and the low number of male-specific 
     health programs; and
       Whereas, men are half as likely as women to visit a doctor 
     for regular checkups or to obtain preventative screening 
     tests for serious diseases; and
       Whereas, men's health is a concern for employers who lose 
     productive employees and who pay the cost of medical care; 
     and
       Whereas, men's health is a concern for Federal and State 
     Government and society, which absorb the enormous costs of 
     premature death and disability, including the cost of caring 
     for dependents; and
       Whereas, every state has formed a commission to address 
     women's issues or has established a women's health program, 
     but only seven states have a commission to address men's 
     issues or a men's health program; and
       Whereas, educating men, their families and health care 
     providers about the importance of early detection of male 
     health problems can result in reducing mortality rates and 
     improving the health of America's men and the economy: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania, recognizing that Government 
     health networks can be utilized to promote men's health and 
     well-being, encourage the Congress to support passage of the 
     Men's Health Act to secure access and remove barriers to 
     health care for men and their family members and urge passage 
     of state legislation addressing men's health issues.
                                  ____

       POM-536. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Omnibus Crime Control and 
     Safe Streets Act of 1968; to the Committee on the Judiciary.

                        House Resolution No. 822

       Whereas, on May 4, 2002, 14-year-old Christopher Kangas was 
     struck and killed by a car while riding his bicycle in 
     response to a fire in Brookhaven Borough, Delaware County, 
     Pennsylvania, one block from the firehouse; and
       Whereas, in the Commonwealth of Pennsylvania an individual 
     may be a recognized firefighter in a local fire department 
     with certain limitations on the kind of work that individual 
     can perform at the scene of a fire and may be eligible for 
     public safety officer benefits; and
       Whereas, Christopher Kangas was a trained, regular 
     firefighter who knew what he could and what he could not do 
     at the scene; and
       Whereas, Christopher Kangas was recognized by the Borough 
     of Brookhaven and the Commonwealth of Pennsylvania as a 
     firefighter; and
       Whereas, after Christopher Kangas died, the Borough of 
     Brookhaven and the Commonwealth of Pennsylvania gave him full 
     honors and recognition as a fallen firefighter and the 
     Commonwealth of Pennsylvania also provided full benefits to 
     his family under the act of June 24, 1976 (P.L. 424, No. 
     101), referred to as the Emergency and Law Enforcement 
     Personnel Death Benefits Act, as a fallen firefighter; and
       Whereas, the representative of the President of the United 
     States to the Fire Service, United States Fire Administrator 
     Dave Paulison, sent a letter of condolence to the family 
     recognizing Christopher Kangas as a firefighter; and
       Whereas, the Department of Justice which administers 
     section 1201 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (Public Law 90-351, 42 U.S.C. Sec. 3796) has 
     ruled for a second time that Christopher Kangas was not a 
     public safety officer, despite the fact that the Commonwealth 
     of Pennsylvania and the Brookhaven Fire Department legally 
     maintained him on their rolls; and
       Whereas, this ruling by the Department of Justice has 
     denied his family the $267,000 line-of-duty benefit and has 
     denied Christopher Kangas his rightful place at the National 
     Fallen Firefighters Memorial in Emmitsburg, Maryland, along 
     side his fellow fallen heroes; and
       Whereas, the Department of Justice ruling not only ignored 
     the facts but also the letter and spirit of section 1201 of 
     the Omnibus Crime Control and Safe Streets Act of 1968, which 
     Congress enacted to provide benefits to any firefighter 
     serving as an officially recognized member of a legally 
     organized fire department, regardless of age or type of 
     activities: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and Congress 
     of the United States to enact H.R. 4472 which amends the 
     Omnibus Crime Control and Safe Streets Act of 1968 to expand 
     the definition of firefighter to include apprentices and 
     trainees, regardless of age or duty limitations, applicable 
     to death or injuries which occurred on or after May 4, 2002; 
     and be it further
       Resolved, That a copy of this resolution be presented to 
     the family of Christopher Kangas in recognition of his 
     dedication to the Borough of Brookhaven and the Commonwealth 
     of Pennsylvania as a firefighter; and be it further
       Resolved, That a copy of this resolution be sent 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-537. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the Pledge of Allegiance; to the Committee on the 
     Judiciary.

                   House Concurrent Resolution No. 96

       Whereas, one of the founding principles of the United 
     States of America was the free exercise of religion and 
     religious beliefs; and
       Whereas, the First Amendment to the Constitution of the 
     United States declares that congress shall make no law 
     establishing a religion or prohibiting the free exercise of 
     religion; and
       Whereas, the Louisiana Constitution of 1974, Article I, 
     Section 8, similarly prohibits the enactment of law 
     respecting an establishment of religion or prohibiting the 
     free exercise of religion; and
       Whereas, in celebrating the four hundredth anniversary of 
     Christopher Columbus' discovery of America on October 11, 
     1892, the Pledge of Allegiance was written to honor the 
     United States and to salute the flag; and

[[Page S10843]]

       Whereas, the first words of the Pledge of Allegiance were 
     published in September of 1892, in the Boston-based youth 
     magazine, The Youth's Companion, and in less than one month, 
     more than twelve million school children were reciting the 
     words of the Pledge of Allegiance across the nation; and
       Whereas, in June of 1942, the Pledge of Allegiance was 
     officially sanctioned by the United States Congress when it 
     was included in the United States Flag Code (Title 36), after 
     almost fifty years of daily recitals in schools; and
       Whereas, there have been four changes to the original 
     Pledge of Allegiance, and the final change occurred on June 
     14, 1954 (Flag Day), when the words ``under God'' were added 
     with the approval of President Dwight D. Eisenhower, who 
     stated, ``In his way we are reaffirming the transcendence of 
     religious faith in America's heritage and future; in this way 
     we shall constantly strengthen those spiritual weapons which 
     forever will be our country's most powerful resource in peace 
     and war''; and
       Whereas, this display of symbolic patriotism contained in 
     the words of the Pledge of Allegiance is more critical today 
     than ever before in our nation's history and should be 
     maintained; and
       Whereas, the Pledge of Allegiance, including the phrase 
     ``one nation under God'', reflects the historical fact that a 
     belief in God permeated the founding and development of the 
     United States of America: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Supreme Court and the United 
     States Congress to take all necessary measures to preserve 
     the phrase ``one nation under God'' in the Pledge of 
     Allegiance; be it further
       Resolved, That suitable copies of this Resolution be 
     transmitted to the chief justice of the United States Supreme 
     Court, the speaker of the United States House of 
     Representatives, the president of the United States Senate, 
     and each member of Louisiana's congressional delegation.
                                  ____

       POM-538. A resolution adopted by the House of 
     Representatives of the Legislature of the State of 
     Mississippi relative to judicial taxation; to the Committee 
     on the Judiciary.

                        House Resolution No. 51

       Whereas, separation of powers is fundamental to the United 
     States Constitution and the power of the federal government 
     is strictly limited; and
       Whereas, under the United States Constitution, the states 
     are to determine public policy; and
       Whereas, it is the duty of the judiciary to interpret the 
     law, not to create law; and
       Whereas, our present federal government has deviated from 
     the intent of our Founding Fathers and the United States 
     Constitution through inappropriate federal mandates; and
       Whereas, these mandates by the way of statute, rule or 
     judicial decision have forced state governments to serve as 
     the mere administrative arm of the federal government; and
       Whereas, federal district courts, with the acquiescence of 
     the United States Supreme Court, continue to order states to 
     levy or increase taxes to comply with federal mandates; and
       Whereas, these court actions violate the United States 
     Constitution and the legislative process; and
       Whereas, the time has come for the people of this great 
     nation and their duly elected representatives in state 
     government, to reaffirm in no uncertain terms that the 
     authority to tax under the Constitution of the United States 
     is retained by the people who, by their consent alone, do 
     delegate such power to tax explicitly to those duly elected 
     representatives in the legislative branch of government who 
     they choose, such representatives being directly responsible 
     and accountable to those who have elected them; and
       Whereas, the lawmakers of Alabama, Alaska, Arizona, 
     Colorado, Delaware, Illinois, Kansas, Louisiana, 
     Massachusetts, Michigan, Missouri, Nevada, New Hampshire, New 
     York, North Dakota, Oklahoma, Pennsylvania, South Carolina, 
     South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming, 
     Mariana Islands and Guam have petitioned the United States 
     Congress to propose an amendment to the Constitution of the 
     United States of America; and
       Whereas, the amendment was previously introduced in 
     Congress; and
       Whereas, the amendment seeks to prevent federal courts from 
     levying or increasing taxes without representation of the 
     people against the peoples' wishes: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Mississippi:
       (1) That the Congress of the United States prepare and 
     submit to the several states an amendment to the Constitution 
     of the United States to add a new article providing as 
     follows: ``Neither the Supreme Court nor any inferior court 
     of the United States shall have the power to instruct or to 
     order a state or political subdivision thereof, or an 
     official of such a state or political subdivision, to levy or 
     increase taxes.''
       (2) That this application constitutes a continuing 
     application in accordance with Article V of the Constitution 
     of the United States.
       (3) That the House of Representatives of the State of 
     Mississippi also proposes that the Legislatures of each of 
     the several states comprising the United States that have not 
     yet made a similar request, apply to the United States 
     Congress requesting enactment of an appropriate amendment to 
     the United States Constitution, and apply to the United 
     States Congress to propose such an amendment to the United 
     States Constitution; be it further
       Resolved, That the Secretary of State of the State of 
     Mississippi transmit copies of this resolution to the 
     President and Vice President of the United States, the 
     presiding officer in each house of the Legislature in each of 
     the states in the Union, the Speaker of the United States 
     House of Representatives and to each member of the State of 
     Mississippi Congressional Delegation.
                                  ____

       POM-539. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to small business loans; to 
     the Committee on Small Business and Entrepreneurship.

                      Assembly Resolution No. 175

       Whereas, the nation's economy is built on and draws its 
     strength from the creativity and entrepreneurship of its 
     people, and
       Whereas, the nation's 25 million small businesses employ 
     more than half of all private sector employees, pay 44.5 
     percent of the total United States private payroll, and 
     generate 60 to 80 percent of all net new jobs annually; and
       Whereas, the men and women who own and operate the nation's 
     small businesses make a vital contribution to the nation's 
     prosperity through their ongoing work to create new 
     technologies, products, and services; and
       Whereas, the Small Business Administration was officially 
     established in 1953 and for over 50 years has played a vital 
     role in ensuring that the door to the American dream is truly 
     open to all entrepreneurs; and
       Whereas, the mission and high calling of the Small Business 
     Administration is to champion the interests of the nation's 
     entrepreneurs for the benefit of all Americans; and
       Whereas, President Bush's proposed budget for fiscal year 
     2005 would cut federal funding to the Small Business 
     Administration by $79 million and eliminate federal support 
     for critical loan programs; and
       Whereas, the proposed cuts would include the ``7(a) loan 
     program,'' which provides affordable capital to small 
     business start-ups through public/private partnership and has 
     directly provided over 2,000 small businesses in New Jersey 
     with approximately $451 million in loans; and
       Whereas, the proposed cuts would also include the Microloan 
     program, which allows entrepreneurs to secure loans of up to 
     $35,000, and provided 134 small businesses in New Jersey with 
     $2.6 million in loans: Now, therefore be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House urges the United States Congress to restore 
     funding for the Small Business Administration loan programs 
     eliminated under President Bush's proposed budget for fiscal 
     year 2005.
       2. A duly authenticated copy of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate and to all members of the New Jersey 
     congressional delegation.
                                  ____

       POM-540. A resolution adopted by the Board of Commissioners 
     of Pitt County of the State of North Carolina relative to a 
     tobacco buyout; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       POM-541. A resolution adopted by the City Commission of the 
     City of Lauderdale Lakes of the State of Florida relative to 
     the effects of antifreeze chemistry; to the Committee on 
     Environment and Public Works.
       POM-542. A resolution adopted by the Board of Commissioners 
     of the City of Millville of the State of New Jersey relative 
     to pollution; to the Committee on Energy and Natural 
     Resources.
       POM-543. A joint resolution adopted by the Legislature of 
     the State of California relative to pharmaceutical 
     advertising; to the Committee on Environment and Public 
     Works.

                     Senate Joint Resolution No. 24

       Whereas, the United States is one of just a few countries 
     that allow pharmaceutical companies to advertise their 
     prescription drugs; and
       Whereas, in 1997, the federal Food and Drug Administration 
     relaxed restrictions on the content of direct-to-consumer 
     prescription drug advertising, withdrawing the prior 
     requirement for a summary of side-effect and adverse reaction 
     information and replacing it with a requirement for a 
     statement about ``major risks'' but not ``all risks''; and
       Whereas, the shorter ``major risk'' statement made 
     television and radio advertisements about prescription drugs 
     more practicable; and
       Whereas, Pharmaceutical companies spent $1.6 billion on 
     direct-to-consumer television advertising in 2000, up from 
     $761 million in 1996; and
       Whereas, while health care spending generally is expected 
     to increase by an average of 7.9 percent per year between 
     1998 and 2010, exceeding the 5.2 percent annual growth of 
     1993 to 1998, total prescription drug expenditures will 
     increase by 15 percent per year as early as 2004; and

[[Page S10844]]

       Whereas, numerous studies have linked the increased direct-
     to-consumer advertising to the exponential growth in 
     prescription drug expenditures; and
       Whereas, surveys suggest that 50 percent of the public 
     believes that direct-to-consumer advertisements of 
     prescription drugs must be submitted to the government for 
     prior approval, 43 percent believe that only ``completely 
     safe'' drugs may be advertised directly to consumers, 22 
     percent believe that advertising of drugs with serious side 
     effect has been banned, and 21 percent believe that only 
     ``extremely effective'' drugs may be advertised directly to 
     consumers, and yet, all of these beliefs are untrue; and
       Whereas, consumers are placing pressure on their 
     prescribers to prescribe these drugs, some cases, 
     inappropriately; and
       Whereas, in 1997, a study of family physicians revealed 
     that 80 percent of them believed that direct-to-consumer 
     advertising ``was not a good idea''; and
       Whereas, the federal Food and Drug Administration has begun 
     review of the policy that unleashed an explosive growth of 
     prescription drug advertising: Now, therefore, be it
       Resolved, That the President and Congress of the United 
     States and the United States Department of Health and Human 
     Services are memorialized to recognize the problems caused by 
     direct-to-consumer advertising of prescription drugs by 
     pharmaceutical companies; and be it further
       Resolved, That the United States Food and Drug 
     Administration is requested to aggressively monitor and 
     regulate direct-to-consumer advertising of prescription drugs 
     by pharmaceutical companies, pending action by the President 
     and the Congress of the United States to limit, ban, or place 
     increased restrictions on that advertising; and be it further
       Resolved, That the President and the Congress of the United 
     States are memorialized to limit or ban direct-to-consumer 
     advertising of prescription drugs by pharmaceutical 
     companies, or, alternatively, to require that those 
     advertisements do the following:
       (1) Remind consumers that prescribers and pharmacists are 
     the best sources of information about appropriate medical 
     treatment and drug therapy.
       (2) Explicitly state the success and failure rates of drugs 
     and compare them with other common products or no treatment.
       (3) Mention alternate treatments by name and class.
       (4) Recommend that consumers ask their prescribers and 
     pharmacists if a generic equivalent is available for their 
     condition.
       (5) Refer consumers to independent sources of drug 
     information; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President of the United States, the 
     Speaker of the House of Representatives, the President pro 
     Tempore of the Senate, to each Senator and Representative 
     from California in the Congress of the United States, to the 
     Secretary of the United States Department of Health and Human 
     Services, and the Director of the United States Food and Drug 
     Administration.
                                  ____

       POM-544. A resolution adopted by the Legislature of the 
     State of California relative to federal environmental permit 
     and review process streamlining; to the Committee on 
     Environment and Public Works.

                     Senate Joint Resolution No. 30

       Whereas, the State Office of Historic Preservation has the 
     responsibility for processing approvals for federally funded 
     transportation projects pursuant to Section 106 of the 
     National Historic Preservation Act (16 U.S.C. Sec. 470 et 
     seq.) and Section 4(f) of the federal Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240); 
     and
       Whereas, the State Office of Historic Preservation has the 
     smallest support staff of any office with a similar function 
     in any other state in the nation, but California has the 
     largest transportation program; and
       Whereas, the federal Transportation Equity Act for the 21st 
     Century (Public Law 105-178), also known as TEA-21, provided 
     funding for additional staff for the State Office of Historic 
     Preservation; and
       Whereas, review delays at the State Office of Historic 
     Preservation continue to be identified as a bottleneck in 
     moving transportation projects through the environmental 
     review phase; and
       Whereas, lack of involvement of federal resource agencies 
     in the transportation planning process has been identified as 
     a cause for project delivery delays; Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That California urges the President and 
     Congress of the United States, the federal Secretary of 
     Transportation, and the federal Department of Transportation 
     to streamline the federal government review and permitting 
     process by doing all of the following:
       (a) Ensuring adequate funding for the State Office of 
     Historic Preservation in California.
       (b) Accelerating project delivery by developing a 
     multiagency infrastructure team to be involved in the 
     development of transportation projects from the early 
     planning phase and continuing through the environmental 
     permitting and construction phases. The multiagency team 
     should include one or more representatives from each federal 
     resource agency with decisionmaking and permit authority. 
     Team members should commit to involvement in the early 
     planning, environmental document preparation, permit review 
     and issuance, and construction phases of a project. Resource 
     agency representatives should be retained with transportation 
     funds, and team members should be jointly selected by 
     transportation and resource agencies. Transportation projects 
     developed using the multiagency team approach would be 
     expected to be completed within review deadlines outlined in 
     the federal Endangered Species Act of 1973 and other relevant 
     state and federal regulatory authorities; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to each Senator and Representative from 
     California in the Congress of the United States, and to the 
     federal Secretary of Transportation.
                                  ____

       POM-545. A resolution adopted by the House of 
     Representatives of General Assembly of the Commonwealth of 
     Pennsylvania relative to Centers for Medicaid and Medicare 
     Services; to the Committee on Finance.

                        House Resolution No. 753

       Whereas, House Bill No. 297, Printer's No. 2623 (2003), 
     which authorized the Department of Public Welfare of the 
     Commonwealth of Pennsylvania to impose an assessment on 
     nursing homes in exchange for an increase in Medicaid payment 
     rates; was signed into law, Act 2003-25, on September 30, 
     2003; and
       Whereas, the Centers for Medicare and Medicaid Services 
     (CMS) has indicated that it will not approve Pennsylvania's 
     September 2003 provider tax submission; and
       Whereas, current Federal regulations clearly allow approval 
     for the assessment as submitted; and
       Whereas, the fiscal year 2003-2004 Pennsylvania State 
     budget relies upon $320 million in revenue generated through 
     the provider assessment to help fund the Commonwealth's 
     Medicaid budget; and
       Whereas, Pennsylvania's nursing facilities are being paid 
     rates that have not increased since April 2003 because of the 
     impasse between the Ccommonwealth and CMS regarding approval 
     of the nursing home assessment submission; and
       Whereas, the delay is causing severe financial difficulties 
     for providers struggling to make available necessary services 
     for Pennsylvania's most vulnerable senior citizens; and
       Whereas, there are few acceptable alternatives available if 
     CMS does not approve Pennsylvania's September 2003 provider 
     tax submission; and
       Whereas, irreparable harm to some of Pennsylvania's most 
     frail and vulnerable senior citizens could occur if this 
     impasse remains unbroken; and
       Whereas, it is the responsibility of the Federal and State 
     Governments to develop long-term solutions to the problems of 
     controlling escalating Medicaid budgets without calling on 
     nursing homes and nursing home residents to fund Medicaid: 
     Therefore, be it
       Resolved, That the House Representatives of the 
     Commonwealth of Pennsylvania urge CMS to approve the 
     Commonwealth of Pennsylvania's application of September 2003, 
     which would allow the Commonwealth to implement its 
     assessment on Medicaid-participating nursing homes and 
     provide the funding necessary to ensure quality care for 
     Pennsylvania's vulnerable seniors; and be it further
       Resolved, That the Governor urge Pennsylvania's 
     congressional delegation to work with the Bush Administration 
     and CMS to ensure approval of Pennsylvania's application of 
     September 2003; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the Centers for Medicare and Medicaid Services, 7500 Security 
     Boulevard, Baltimore, MD 21244-1850, and to each member of 
     Congress from Pennsylvania.
                                  ____

       POM-546. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the Australian Free Trade Agreement; to the 
     Committee on Finance.

                  House Concurrent Resolution No. 195

       Whereas, the Louisiana dairy industry yields nearly five 
     hundred ten million pounds in total milk production with an 
     economic impact of one hundred eighty-three million dollars; 
     and
       Whereas, thousands of Louisianians depend directly on the 
     dairy industry for their livelihood; and
       Whereas, there has been a fifty percent decline in the 
     number of dairy farms, dairy cows, and total statewide milk 
     production during the past ten years; and
       Whereas, dairy industries in other states have also 
     suffered declines in production due to the cost of milk 
     production and lower federal minimum support prices; and
       Whereas, recently the Bush administration and Australian 
     trade representatives entered into the Australian Free Trade 
     Agreement (AUSFTA); and
       Whereas, although AUSFTA retains current over-quota 
     tariffs, it still opens the door to milk protein concentrates 
     and casein imports from Australia; and
       Whereas, the surge in milk protein concentrates and casein 
     imports has created a negative ripple effect economically for 
     Louisiana dairy producers who have suffered because of 
     reduced milk sales, lower prices, and a weakening of the 
     dairy price support program; and

[[Page S10845]]

       Whereas, milk protein concentrate and casein imports have 
     ranged between eight hundred million and one billion pounds 
     in the past six years, and the imported quantity of both 
     continues to grow; and
       Whereas, milk protein concentrates and casein imports are 
     currently entering the country with no duty and no quota; and
       Whereas, free trade agreements hurt the nations that 
     unilaterally disarm themselves by opening their markets: 
     Therefore, be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize congress to oppose the Australian Free Trade 
     Agreement (AUFSTA) and other free trade agreements which are 
     harmful to American dairy producers; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-547. A resolution adopted by the General Court of the 
     Commonwealth of Massachusetts relative to the Postal Service; 
     to the Committee on Governmental Affairs.
       POM-548. A resolution adopted by the Legislature of the 
     State of California relative to vocational and technical 
     education; to the Committee on Health, Education, Labor, and 
     Pensions.

                     Senate Joint Resolution No. 31

       Whereas, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 (Section 2301 of Title 20 of the United 
     States Code) has been a significant source of funding for 
     career and technical education programs in California's high 
     schools, regional occupational centers and programs, adult 
     education, and community colleges; and
       Whereas, California's career and technical education 
     programs educate approximately three million high school and 
     adult students annually in state-of-the-art technology and 
     advanced careers, preparing them to become productive, 
     contributing citizens in a rapidly changing economy; and
       Whereas, career and technical education is composed of 
     rigorous, demanding coursework that enhances student academic 
     achievement by applying core academic skills; and
       Whereas, eighty-five percent of students who complete 
     career and technical education programs go on to receive high 
     school diplomas; and
       Whereas, participation in these programs reduces dropout 
     rates by approximately 35 percent; and
       Whereas, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 has supported professional development 
     for career and technical educators; including, the 
     integration of State Board of Education adopted academic 
     standards into career and technical education courses, 
     training in new and emerging technologies, and effective, 
     research-based instructional strategies; and
       Whereas, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 has provided career development, 
     support services, and job training to hundreds of thousands 
     of students who have faced significant barriers to 
     successfully transitioning from high school to careers or 
     higher education; and
       Whereas, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998 has greatly contributed to the 
     development of California's workforce in high skill, high 
     demand, and emerging career fields: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the California State Legislature 
     urges the United States Congress to continue and fully fund 
     the Carl D. Perkins Vocational and Technical Education Act of 
     1998, and, without partisanship, endorses the Carl D. Perkins 
     Vocational and Technical Education Act of 1998; and be it 
     further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-549. A resolution adopted by the Society of Mayflower 
     Descendants of the State of Rhode Island relative to its 
     Resolution dated January 10, 2001; to the Committee on Indian 
     Affairs.
       POM-550. A resolution adopted by the State of Illinois 
     relative to National Gymnastics Day in Illinois; to the 
     Committee on the Judiciary.

                          ____________________