[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9459-S9466]
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-166. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania relative to the recommended 
     closure of the Naval Air Station Joint Reserve Base Willow 
     Grove; to the Committee on Armed Services.
       Whereas, the Naval Air Station Joint Reserve Base Willow 
     Grove, commonly referred to as the Willow Grove Naval Air 
     Station, located in Horsham Township, Pennsylvania, has been 
     recommended for closure by the Secretary of Defense; and
       Whereas, the Willow Grove Naval Air Station, first 
     commissioned in 1943 as a naval air base with 196 acres, now 
     covers 1,100 acres and includes a joint reserve base, the 
     only one in the Commonwealth of Pennsylvania, that is home to 
     Navy, Air Force, Army, Marine and Air National Guard units; 
     and
       Whereas, the Willow Grove Naval Air Station is one of only 
     three military facilities in the United States that brings 
     together branches of the armed forces to prepare for joint 
     operations and is considered a model facility by some defense 
     analysts; and
       Whereas, the Willow Grove Naval Air Station is 
     strategically located near all major metropolitan and part 
     areas in the Northeast corridor, enabling fighters to be 
     deployed within minutes to Philadelphia, New York, Baltimore 
     and Washington, DC, which is critical to homeland defense; 
     and
       Whereas, its modern 8,000-foot runway can accommodate any 
     military aircraft, incldung Air Force One, and land 
     commercial aircraft from Washington, DC, to New York in 
     emergencies; and
       Whereas, the Willow Grove Naval Air Station has a state-of-
     the art radar system which is one of four digital air control 
     systems in the United States; and
       Whereas, the Willow Grove Naval Air Station is home to the 
     913th Airlift Wing of the Air Force Reserve, which brains and 
     equips reservists to perform aerial resupply and also 
     provides air logistic support for active and reserve Navy 
     units; and
       Whereas, the Willow Grove Naval Air Station is also home to 
     the 111th Fighter Wing of the Pennsylvania Air National 
     Guard, that has the honor of being the oldest flying unit 
     within Pennsylvania and has had many unit members deployed 
     worldwide to support

[[Page S9460]]

     operations against terrorism since the September 11, 2001, 
     terrorist attacks on the United States; and
       Whereas, the Willow Grove Naval Air Station employs people 
     from the Berks, Bucks, Montgomery, Chester, Delaware and 
     Philadelphia County areas, and the closure of this base will 
     result in the loss of economic activity and jobs; and
       Whereas, a study commissioned by the Suburban Horsham-
     Willow Grove Chamber of Commerce determined that closure of 
     the Willow Grove Naval Air Station will result in the area 
     losing $375 million in economic activity annually and more 
     than 10,000 area jobs, including more than 7,000 jobs on the 
     base; and
       Whereas, closure of the Willow Grove Naval Air Station will 
     result in the Commonwealth of Pennsylvania losing nearly $7.2 
     million in State law revenue and $2.4 million in local tax 
     revenue; and
       Whereas, the surrounding communities support the mission 
     and operations of the base; and
       Whereas, the Commonwealth of Pennsylvania has lost a 
     greater percentage of positions in the four prior rounds of 
     the Base Realignment and Closure Commission than any other 
     State, with a total loss of 16,033 jobs consisting of 3,009 
     military and 13,024 civilian positions; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania support maintaining the Naval Air Station Joint 
     Reserve Base Willow Grove and urge the President and the 
     Congress of the United States and all members of the 2005 
     Base Realignment and Closure Commission to support the same; 
     and be it further
       Resolved, That the Senate urge the President and the 
     Congress and all members of the commission to remove the 
     Naval Air Station Joint Reserve Base Willow Grove from the 
     list of military base closures recommended by the Department 
     of Defense; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress, to each Member of Congress from 
     Pennsylvania and to all members of the 2005 Base Realignment 
     and Closure Commission.
                                  ____

       POM-167. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania relative to the recommended 
     closure of 13 military installations in Pennsylvania by the 
     Department of Defense; to the Committee on Armed Services.
       Whereas, the United States Department of Defense recently 
     recommended numerous military base closings and realignments 
     to the Base Realignment and Closure (BRAC) Commission; and
       Whereas, the recommendation included 13 military 
     installations in the Commonwealth of Pennsylvania; and
       Whereas, the Pittsburgh International Airport Air Reserve 
     Station, located in Moon Township, Pennsylvania, and the 
     Charles E. Kelly Support Center, with facilities located in 
     Oakdale and Neville Island, Pennsylvania, were among those 
     recommended for closure; and
       Whereas, the Department of Defense recommended moving the 
     99th Regional Readiness Command, located in Moon Township, to 
     Fort Dix, New Jersey; and
       Whereas, Allegheny County and western Pennsylvania will 
     lose more than 850 civilian and military jobs if these bases 
     close or are realigned; and
       Whereas, the biggest potential loss will be the closing of 
     the Air Reserve Station, home of the 911th Military Airlift 
     Wing; and
       Whereas, the Air Reserve Station has been based at the 
     Pittsburgh International Airport since 1942; and
       Whereas, since 1963, the base has been home to the 911th 
     Military Airlift Wing; and
       Whereas, the 911th Military Airlift Wing is an Air Force 
     Reserve wing that flies the C-130 cargo plane; and
       Whereas, approximately 1,220 Air Force reservists are 
     assigned to the Air Reserve Station, which also employs 320 
     civilians; and
       Whereas, it is estimated that closing the Pittsburgh 
     International Airport Air Reserve Station will eliminate 44 
     military and 278 civilian jobs; and
       Whereas, it is estimated that closing the Pittsburgh 
     International Airport Reserve Station will cost the local 
     economy approximately $94 million a year; and
       Whereas, land constraints were cited as one reason for 
     including the Air Reserve Station on the closure list; and
       Whereas, the Pittsburgh International Airport has made 
     available, through a Memorandum of Understanding, an 
     additional 53 acres at the airport facility that were not 
     considered in the Air Force/BRAC review of the facilities; 
     and
       Whereas, additional acreage exists upon which the facility 
     can expand to address the needs of the Department of Defense; 
     and
       Whereas, the Charles E. Kelly Support Center provides 
     logistical support to active and reserve Army units in the 
     Middle Atlantic Region, including a transportation office 
     that facilitates travel for Army reservists to and from 
     active duty; and
       Whereas, according to the Department of Defense, closing 
     the Charles E. Kelly Support Center would result in the loss 
     of an estimated 174 military and 136 civilian jobs; and
       Whereas, closing the Charles E. Kelly Support Center and 
     its commissary would affect an estimated 100,000 active and 
     retired military members in Pennsylvania, West Virginia and 
     Ohio; and
       Whereas, the 99th Regional Readiness Command oversees more 
     than 20,000 Reserve soldiers in 185 units in five states and 
     the District of Columbia; and
       Whereas, the 99th Regional Readiness Command has 
     approximately 220 full-time positions; and
       Whereas, the Army estimates that this unit contributes 
     about $100 million to the local economy each year; and
       Whereas, all three of these military installations are 
     critical to national defense and homeland security; and
       Whereas, the Commonwealth of Pennsylvania has already lost 
     more than 16,000 military and civilian jobs over the previous 
     four rounds of base closings; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania strongly urge the President and Congress of the 
     United States and the members of the 2005 BRAC Commission to 
     remove the Pittsburgh International Airport Air Reserve 
     Station and the Charles E. Kelly Support Center from the list 
     of proposed military base closures and to remove the 99th 
     Regional Readiness Command from the list of proposed base 
     realignments; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress, to each member of Congress from 
     Pennsylvania and to all members of the 2005 BRAC Commission.
                                  ____

       POM-168. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to requiring financial institutions to notify 
     consumers prior to publication of negative credit information 
     and to allow adequate time for correction; to the Committee 
     on Banking, Housing, and Urban Affairs.

                        A Concurrent Resolution

       To memorialize the United States Congress to take such 
     actions as are necessary to require financial institutions to 
     notify consumers prior to publication of negative credit 
     information and to allow adequate time for correction.
       Whereas, consumer credit scores help to determine the cost 
     of financing consumer purchases including the purchase of 
     vehicles and homes; and
       Whereas, some insurance companies use credit scores to 
     determine risk and establish the price of insurance premiums; 
     and
       Whereas, the accuracy of consumer credit scores is 
     essential to control the rising cost of credit, financing 
     consumer purchases, and insurance premiums; and
       Whereas, the Federal Fair Credit Reporting Act allows 
     financial institutions to release negative credit information 
     without prior notice to consumers but provides for consumer 
     notification no later than thirty days after such negative 
     credit information has already been released to consumer 
     credit reporting agencies (15 USC 1681s-2(a)(7)); and
       Whereas, this delayed notification requirement allows for 
     the dissemination of incorrect credit scores without giving 
     consumers adequate time to determine if there was a credit 
     reporting error or take necessary steps to correct the 
     inaccurate information; and
       Whereas, only Congress has the authority to change this 
     consumer notification requirement because the Federal Fair 
     Credit Reporting Act specifically preempts state law with 
     respect to this subject matter which is regulated by this 
     Federal law (15 USC 1681t(b)(1)(F)).
       Therefore, be it resolved that the Legislature of Louisiana 
     does hereby memorialize the United States Congress to take 
     such actions as are necessary to require financial 
     institutions to notify consumers prior to publication of 
     negative credit information and to allow adequate time for 
     correction.
       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-169. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the continued funding for the 
     Community Development Block Grant Program; to the Committee 
     on Banking, Housing, and Urban Affairs.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twenty-second Legislature of the State of Maine now assembled 
     in the First Special Session, most respectfully present and 
     petition the Congress of the United States as follows:
       Whereas, the Community Development Block Grant program has 
     helped communities throughout the nation since 1974, and is 
     one of the oldest programs in the United States Department of 
     Housing and Urban Development; and
       Whereas, the Community Development Block Grant program 
     provides annual grants on a formula basis to many different 
     types of grantees through several programs as entitlement 
     grants, loans and disaster relief grants; and
       Whereas, the Community Development Block Grant program has 
     helped Maine families, businesses and communities and Maine's 
     neediest citizens over the years, and this program is now 
     being severely cut back due to federal budget constrictions; 
     and
       Whereas, more than $314,000,000 in Community Development 
     Block Grant funds was granted in Maine for the years 1982 to 
     2004, and from 1998 to 2004 $23,400,000 in funds created or 
     retained 3,764 jobs for Maine workers, inc1uding 656 jobs 
     still being created; and

[[Page S9461]]

       Whereas, from 1998 to 2004, more than $54,400,000 in 
     Community Development Block Grant funds was spent in Maine 
     and benefited more than 132,000 Maine residents, or more than 
     one in every 10 citizens of Maine, outside the large 
     population centers of Portland, Lewiston, Auburn and Bangor; 
     and
       Whereas, those cities, along with South Portland and 
     Biddeford, receive Community Development Block Grant funds 
     directly from the Department of Housing and Urban Development 
     by way of the Entitlement Communities Grants program, which 
     is slated for elimination; and
       Whereas, Community Development Block Grant funding is often 
     the only extra funding to allow communities a chance to 
     finance such projects as water infrastructure projects, 
     wastewater infrastructure projects, fire station 
     construction, downtown revitalization and low-income housing 
     improvement projects such as the Maine Home Repair Network, 
     Americans with Disabilities Act accessibility modifications, 
     senior activities programs, medical services programs and 
     economic development and planning programs; and
       Whereas, during 2005, 8 grants in the amount of $2,994,000 
     were awarded in Maine for public infrastructure while 19 
     applications were left unfunded, and 9 grants in the amount 
     of $1,917,000 were awarded for public facilities while 13 
     applications were left unfunded; now, therefore, be it
       Resolved: That We, your Memorialists, respectfully urge 
     that the Federal Government continue full funding for the 
     Community Development Block Grant program as important needs 
     continue to exist throughout Maine and the nation; and be it 
     further
       Resolved: That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives and each Member of the 
     Maine Congressional Delegation.
                                  ____

       POM-170. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to condemning the National Football 
     League's recent actions restricting the availability of 
     televised games; to the Committee on Commerce, Science, and 
     Transportation.

                              A Resolution

       Whereas, the Commonwealth of Pennsylvania is home to two 
     professional National Football League (NFL) teams; and
       Whereas, the substantial fan base within the Commonwealth 
     of Pennsylvania for each of these teams is due to each team's 
     legacy of excellence on and off the field; and
       Whereas, revenues from these professional football teams 
     exceed more than $1.2 billion; and
       Whereas, the Commonwealth of Pennsylvania and its citizens 
     have invested substantial amounts of money in the 
     construction of stadiums for these professional football 
     teams and have supported their efforts during the preseason, 
     regular season and playoff season through ticket purchases, 
     concession sales and other direct economic impacts; and
       Whereas, the National Football League has recently used its 
     monopoly status to institute national television arrangements 
     which has the practical effect of removing this substantial 
     fan base from everyday enjoyment of professional football; 
     and
       Whereas, this recent action to move ``Monday Night 
     Football'' from a free national television network (ABC) to 
     cable television (ESPN) will directly result in a large 
     number of Pennsylvanians being unable to watch ``Monday Night 
     Football'' in 2006; and
       Whereas, ``Monday Night Football'' on ABC has been an 
     institution and a pillar in the sports fan community since 
     1970; and
       Whereas, while the move of ``Monday Night Football'' from 
     ABC to ESPN may have some positive impact on the bottom line 
     of The Walt Disney Company due to its ownership rights in 
     both, it should not come at the expense of the citizens of 
     the Commonwealth of Pennsylvania; and
       Whereas, while the additional six-year deal the NFL entered 
     into with another national television network, NBC, whereby 
     Sunday night football games will be televised starting in 
     2006, is a step in the right direction, such action would not 
     contemplate the marquee contests scheduled by the NFL for 
     ``Monday Night Football''; and
       Whereas, removal of ``Monday Night Football, coupled with 
     archaic local market television rules, is systematically 
     distancing the football fan who cannot afford to buy cable or 
     attend a game in person from the game of professional 
     football; and
       Whereas, the NFL was created with the general public in 
     mind, and bringing professional football to the masses via 
     national television networks is the most viable means to 
     satisfy this end; and
       Whereas, expensive cable channels, season television 
     packages or wholly owned cable networks such as the NFL 
     Network do not deliver professional football to the masses; 
     and
       Whereas, it is often said that it is the fans for whom all 
     professional sports are played; and
       Whereas, currently there are still 10% of households in the 
     Commonwealth of Pennsylvania without basic cable television; 
     and
       Whereas, Federal law allows the NFL to make television 
     programming changes without further review by any court or 
     regulatory body; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania condemn this most recent 
     practice in particular and the trends in the telecasting of 
     football games generally; and be it further
       Resolved, That the House of Representatives urge the NFL to 
     reconsider the effect of its actions to narrow the access of 
     high-profile football games for the average fan; and be it 
     further
       Resolved, That the House of Representatives urge the NFL to 
     respond to these concerns; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the commissioner of the National Football League, Paul 
     Tagliabue, 410 Park Avenue, New York NY 10022, and to the 
     members of the Pennsylvania Congressional Delegation.
                                  ____

       POM-171. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to advocating changes in the Federal Motor Carrier 
     Safety Regulations, specifically 49 C.F.R. 383.3; to the 
     Committee on Commerce, Science, and Transportation.

                      A Concurrent Resolution 103

       To memorialize the United States Congress to take such 
     actions as are necessary to advocate changes in the Federal 
     Motor Carrier Safety Regulations, specifically 49 C.F.R. 
     383.3, relative to issuance of restricted commercial drivers' 
     licenses, which currently prohibit aerial applicators from 
     qualifying for issuance of such licenses.
       Whereas, aerial applicators provide a valuable and 
     necessary service to farmers by crop-dusting their fields in 
     order to prevent crops from being destroyed or harmed by 
     pests; and
       Whereas, crop-dusting, like farming, is seasonal work with 
     its top season lasting no more than four months; and
       Whereas, since crop-dusters are small planes which are 
     heavily weighted with crop protection products, it is 
     necessary for a fuel source to be near the farm which the 
     crop-duster is servicing in order to maximize the time and 
     efficiency of the aerial applicator; and
       Whereas, since most farmers are not equipped to provide 
     fuel service to crop-dusters on site and most farms are 
     located miles away from fuel service stations, it is 
     necessary for trucks to carry aviation kerosene, also known 
     as Jet A, or Avgas fuel to the crop-duster on site; and
       Whereas, trucks used to transport aviation kerosene and 
     Avgas fuel are considered commercial trucks; therefore, the 
     drivers of such vehicles are required to possess a commercial 
     driver's license; and
       Whereas, since most farm workers are seasonal employees, it 
     is a very difficult and expensive proposition to burden 
     aerial applicators and farmers with the requirement of 
     educating workers to pass the knowledge and skills tests for 
     issuance of a commercial driver's license; and
       Whereas, according to the Federal Motor Carrier Safety 
     Regulations, specifically 49 C.F.R. 383.3, authority is 
     granted to allow a state to waive the required knowledge and 
     skills tests and to issue restricted commercial drivers' 
     licenses to employees for certain farm-related service 
     industries; and
       Whereas, holders of restricted commercial drivers' licenses 
     are prohibited from having any endorsements on such licenses, 
     and holders of such licenses are prohibited from operating a 
     commercial vehicle beyond one hundred fifty miles from the 
     place of business or the farm currently being served; and
       Whereas, aerial applicators who participate in crop-dusting 
     activities for rural farmers had previously been eligible for 
     issuance of the restricted commercial driver's license; and
       Whereas, as a result of the terrorist attacks launched upon 
     the United States on September 11, the federal government has 
     closely guarded waivers to the commercial drivers' license 
     requirements because of the potential for terrorists to once 
     again breach the confidence of this nation; and
       Whereas, as a result, changes have been made in federal 
     regulations to more closely regulate transportation of 
     hazardous materials; and
       Whereas, aviation kerosene, or Jet A fuel, and Avgas are 
     classified as hazardous materials according to federal 
     regulations; however, a holder of a restricted commercial 
     driver's license is permitted to carry placardable quantities 
     of hazardous materials such as diesel fuel so long as the 
     quantity does not exceed one thousand gallons; and
       Whereas, aviation kerosene, or Jet A, and Avgas, which are 
     used as fuel for crop-dusting planes, are chemicals very 
     similar to diesel fuel which is already recognized as an 
     exception to the transportation of hazardous materials 
     endorsement; and
       Whereas, while farmers and aerial applicators can 
     understand why the federal government is attempting to 
     regulate the transportation of hazardous materials, the 
     current waiver allowed in the Federal Motor Carrier Safety 
     Regulations for issuance of restricted drivers' licenses is 
     written so narrowly, legitimate groups are prevented from 
     utilizing the exemption and are being penalized; and
       Whereas, changes can be recommended to the Federal Motor 
     Carrier Safety Regulations such as reclassifying aviation 
     kerosene, or Jet A fuel, and Avgas as non-hazardous 
     materials, or adding aviation kerosene, or Jet A, and Avgas 
     in the exception currently recognized for diesel fuel, which 
     changes would allow farmers and aerial applicators to qualify 
     for issuance of restricted commercial drivers' licenses.

[[Page S9462]]

       Therefore, be it resolved that the Legislature of Louisiana 
     does hereby memorialize the United States Congress to take 
     such actions as are necessary to advocate changes in the 
     Federal Motor Carrier Safety Regulations, specifically 49 
     C.F.R. 383.3, I relative to issuance of restricted commercial 
     drivers' licenses, which currently prohibit aerial 
     applicators from qualifying for issuance of such licenses 
     because the fuel they need to transport in order to conduct 
     crop-dusting activities is classified as a hazardous 
     material.
       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-172. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to protecting the citizens of the State of Arizona 
     by enacting legislation to ensure reasonable rates; to the 
     Committee on Commerce, Science, and Transportation.

                         A Concurrent Memorial

       Urging the Congress of the United States to protect the 
     citizens of the State of Arizona by enacting legislation to 
     ensure reasonable rates.
       Whereas, the Legislature of the State of Arizona is 
     committed to our nation's free market economic model and 
     believes, specifically, that markets subject to competition 
     should not be regulated by the local, state or federal 
     governments but that those markets that are not subject to 
     competition and yet supply important commodities, products or 
     services to the citizens of Arizona must be subject to 
     effective local, state or federal government regulation; and
       Whereas, important commodities, such as coal for electric 
     generating facilities and grain for dairy and beef cattle 
     production, are dependent on railroad transportation into the 
     State of Arizona; and
       Whereas, dairy and beef cattle producers in Arizona are 
     dependent on the railroad to import seventy-five percent of 
     the grain necessary to produce milk and beef in Arizona; and
       Whereas, the coal that is brought by rail into the State of 
     Arizona to be consumed by Arizona electric generating 
     facilities often is dependent on a single railroad for 
     transportation, such that normal market forces are not 
     present to constrain the price charged Arizona electric 
     generators or the transportation service that they receive; 
     and
       Whereas, coal brought into the State of Arizona by Arizona 
     electric generating facilities is used to generate forty 
     percent of the electricity produced in the state and all of 
     this imported coal is delivered by a class 1 railroad in a 
     ``captive'' relationship; and
       Whereas, the cost to transport coal to an electric 
     generating facility in the State of Arizona where there is no 
     effective rail competition present is often at least twice 
     the cost of transporting coal where effective rail 
     competition exists, even though the cost to the railroad of 
     such transportation is no higher than for transportation 
     where competition exists; and
       Wheres, the unreasonably high rail rates of captive coal 
     are passed through to the Arizona consumers of electricity, 
     thus increasing the price of electricity to the families and 
     businesses of Arizona and decreasing the disposable income 
     available for other family and business needs; and
       Whereas, the Congress of the United States, in 1980, 
     deregulated railroad transportation where rail competition 
     exists but directed a federal agency, now the Surface 
     Transportation Board, to ensure that ``captive'' rail 
     customers not be charged higher rates than are appropriate; 
     and
       Whereas, the Surface Transportation Board, in implementing 
     its responsibilities under the deregulation act, has allowed 
     the railroads to increase their market power through mergers 
     and acquisitions and has allowed the railroads to avoid rail-
     to-rail competition wherever possible; and
       Whereas, the Surface Transportation Board has developed a 
     process that ensures ``captive'' rate are reasonable and that 
     places all burdens of proof on the rail customer in rate 
     cases that, according to recent Congressional testimony, cost 
     the rail customer at least $3 million to prosecute and take 
     at least two years for resolution and rarely result in 
     victory for the rail customer; and
       Whereas, the Surface Transportation Board implementation of 
     its responsibilities under the deregulation act is not 
     constraining captive rail rates and is resulting in 
     unreasonably high costs for the electricity consumers of 
     Arizona; and
       Whereas, despite the inadequacy of the current federal 
     regulatory regime for captive rail rates, the American 
     railroad industry continues to be the only American industry 
     that is exempt from major portions of the nation's antitrust 
     laws.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the Congress of the United States protect the 
     citizens of the State of Arizona by enacting legislation that 
     ensures that the Surface Transportation Board will facilitate 
     rail-to-rail competition wherever possible, that the Surface 
     Transportation Board will develop a cost-effective and time-
     effective process that ensures that captive rail customers 
     pay reasonable rates and that the American railroad industry 
     is subject to all provisions of the nation's antitrust laws.
       2. That Congress enact legislation similar to the Railroad 
     Competition Act of 2003, S. 919 and H.R. 2924, from the 108th 
     Congress.
       3. That the Members of Congress from the State of Arizona 
     support this legislation.
       4. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-173. A joint resolution adopted by the Legislature of 
     the State of Maine relative to avoiding sole-sourced 
     shipbuilding; to the Committee on Commerce, Science, and 
     Transportation.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twenty-second Legislature of the State of Maine now assembled 
     in the First Special Session, most respectfully present and 
     petition the Congress of the United States as follows:
       Whereas, the State of Maine has a long shipbuilding 
     tradition, going back to colonial times when our vast forests 
     supplied timber to build ships in shipyards large and small 
     along the 3,500-mile-long coast; and
       Whereas, Maine is still home to Bath Iron Works, a major 
     shipbuilder of this Nation, a major employer of our State 
     that has a century-long tradition of building the best ships 
     in the world; and
       Whereas, our Nation has an equally long tradition of 
     encouraging competition among businesses to ensure 
     efficiency, equality, cost-containment and fair play; and
       Whereas, Federal officials have recently indicated that 
     government contracts to build ships may be sole-sourced, or 
     given to one shipyard only, in effect ending competitive 
     bidding among shipbuilders in this country; and
       Whereas, sole-sourced production creates unfair monopolies 
     that hurt the taxpayers of this Nation by not allowing the 
     best price and best shipyard to do the work; and
       Whereas, our national security depends on having the most 
     effective military in the world, and United States, Navy 
     effectiveness requires having a superior fleet, a fleet that 
     needs to be built with the highest quality and at the best 
     cost; now, therefore, be it
       Resolved: That We, your Memorialists, respectfully urge the 
     Congress of the United States to disavow sole-sourcing of 
     shipbuilding contracts and to encourage competitive bidding 
     among the qualified shipyards of the Nation; and be it 
     further
       Resolved: That suitable copies of this resolution, duly 
     authenticated by the Secretary of State be transmitted to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the Secretary of the 
     United States Navy and each Member of the Maine Congressional 
     Delegation.
                                  ____

       POM-174. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to urging the Congress of the United 
     States to refrain from taking action in developing 
     legislation that would have the effect of preventing or 
     hindering the exploration, drilling, development and 
     production of natural gas in the Great Lakes; to the 
     Committee on Energy and Natural Resources.

                              A Resolution

       Urging the Congress of the United States to refrain from 
     taking action in developing legislation that would have the 
     effect of preventing or hindering the exploration, drilling, 
     development and production of natural gas in the Great Lakes.
       Whereas, the Congress, in recognition of the need for a 
     comprehensive energy policy for this nation, is currently in 
     the process of developing legislation to establish the 
     framework for this policy; and
       Whereas, while a vast majority of the issues relating to 
     this potential energy policy is of a broad nature, affecting 
     each state and commonwealth broadly and with similar 
     consequences, certain matters of national interest are 
     uniquely applicable to an individual state or commonwealth 
     because the immediate impact of the regulated activity will 
     be felt almost entirely by that state or commonwealth; and
       Whereas, these activities, to the extent they occur within 
     the borders of a state or commonwealth, have been long and 
     successfully regulated by the impacted state or commonwealth, 
     and there is no national interest served by broadening the 
     powers of the Federal Government to regulate these 
     activities; and
       Whereas, geologic and geophysical indicators show that 
     substantial oil and gas reserves underlying that portion of 
     Lake Erie within the boundaries of the Commonwealth of 
     Pennsylvania may be available for development to assist in 
     meeting the nation's energy needs; and
       Whereas, the exploration, drilling, development and 
     production of natural gas lying under the water bodies within 
     the boundaries of each state and commonwealth are activities 
     that meet the criteria set forth in this resolution; 
     therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress, in developing 
     legislation to establish an energy policy, to refrain from 
     taking action that would have the effect of preventing or 
     hindering the exploration, drilling, development and 
     production of natural gas in the Great Lakes, including, but

[[Page S9463]]

     not limited to, Lake Erie, so long as the state or 
     commonwealth in which the activity is conducted provides a 
     regulatory system for the conduct of operations; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the members of Congress from Pennsylvania, to the members of 
     the Committee on Energy and Commerce of the United States 
     House of Representatives, to the members of the Committee on 
     Resources of the United States House of Representatives, to 
     the members of the Energy and Natural Resources of the United 
     States Senate, to the members of the Committee on Environment 
     and Public Works of the United States Senate and to others 
     holding leadership positions on committees developing 
     national energy policy legislation.
                                  ____

       POM-175. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enabling Louisiana to receive its appropriate 
     share of revenue received from oil and gas activity on the 
     Outer Continental Shelf; to the Committee on Energy and 
     Natural Resources.

                        A Concurrent Resolution

       To memorialize the United States Congress to enable 
     Louisiana to receive its appropriate share of revenue 
     received from oil and gas activity on the Outer Continental 
     Shelf.
       Whereas, in an effort to preserve federal ownership of 
     public lands while still allowing the mining of minerals and 
     enabling the states where those lands and minerals were 
     located to continue receiving revenues from mineral 
     extraction, the Mineral Leasing Act of 1920 grants states a 
     share of revenue derived from minerals extracted from federal 
     lands within those states' borders; and
       Whereas, the original Mineral Leasing Act provided that 
     twelve and one-half percent of the royalty revenue would be 
     shared with the states from which the minerals were 
     extracted, which percentage was increased in 1976 to fifty 
     percent for onshore royalty payments; and
       Whereas, although all states benefit from this increased 
     share of royalty payments, the oil, gas, and coal extracted 
     from below the ground in Wyoming and New Mexico accounts for 
     the largest share, and those two states received eighty 
     percent of the $1.16 billion paid in 2004; and
       Whereas, in addition to the revenue sharing from royalty 
     payments, another forty percent of the revenues have been 
     directed to the federal Reclamation Fund, which has financed 
     over $30 billion in water and energy projects in seventeen 
     western states; and
       Whereas, Louisiana produces more than eighty percent of the 
     nation's offshore oil and gas supply with more than one-third 
     of the oil and gas consumed in this country, both foreign and 
     domestic, passing through the state's fragile coastal 
     wetlands by tanker, barge, or pipeline; and
       Be it further resolved, that a copy of this Resolution be 
     sent to the presiding officer of the United States House of 
     Representatives and to the presiding officer of the United 
     States Senate.
                                  ____

       POM-176. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enabling Louisiana to receive its appropriate 
     share of revenue received from oil and gas activity on the 
     Outer Continental Shelf; to the Committee on Energy and 
     Natural Resources.

                              A Resolution

       To memorialize the United States Congress to enable 
     Louisiana to receive its appropriate share of revenue 
     received from oil and gas activity on the Outer Continental 
     Shelf.
       Whereas, in an effort to preserve federal ownership of 
     public lands while still allowing the mining of minerals and 
     enabling the states where those lands and minerals were 
     located to continue receiving revenues from mineral 
     extraction, the Mineral Leasing Act of 1920 grants states a 
     share of revenue derived from minerals extracted from Federal 
     lands within those states' borders; and
       Whereas, the original Mineral Leasing Act provided that 
     twelve and one-half percent of the royalty revenue would be 
     shared with the states from which the minerals were 
     extracted, which percentage was increased in 1976 to fifty 
     percent for onshore royalty payments; and
       Whereas, although all states benefit from this increased 
     share of royalty payments, the oil, gas, and coal extracted 
     from below the ground in Wyoming and New Mexico accounts for 
     the largest share, and those two states received eighty 
     percent of the $1.16 billion paid in 2004; and
       Whereas, in addition to the revenue sharing from royalty 
     payments, another forty percent of the revenues have been 
     directed to the federal Reclamation Fund, which has financed 
     over $30 billion in water and energy projects in seventeen 
     western states; and
       Whereas, Louisiana produces more than eighty percent of the 
     nation's offshore oil and gas supply, with more than one-
     third of the oil and gas consumed in this country, both 
     foreign and domestic, passing through the state's fragile 
     coastal wetlands by tanker, barge, or pipeline; and
       Whereas, Louisiana is losing its coastal wetlands at the 
     alarming rate of over twenty-four square miles per year, or 
     more than a football field each day, largely due to policies 
     and practices implemented by the federal government through 
     the years to encourage and manage mineral extraction or to 
     control flooding in the lower Mississippi River basin; and
       Whereas, our coastal wetlands are essential to the well-
     being of the nation as a whole because not only does a large 
     portion of the oil and gas supply either come from Louisiana 
     or travel through our wetlands, but Louisiana's coast is home 
     to one of the nation's premier commercial and recreational 
     fisheries, a fishery that accounts for nearly one-third of 
     the commercial fisheries production of the lower forty-eight 
     states and that is second in the nation in total recreational 
     harvest of saltwater fish; and
       Whereas, although Louisiana has repeatedly demonstrated its 
     intention and willingness to share in the cost of preserving 
     this vital ecosystem, preservation of Louisiana's coast will 
     necessitate an amount of funding that the state cannot 
     provide by itself, nor should the state be expected to fund 
     this fight on its own since the problems which have resulted 
     in the dramatic coastal loss were not problems created by the 
     state on its own; and
       Whereas, an appropriate and available source for the 
     revenues needed to address our coastal land loss is royalties 
     from oil and gas development on the Outer Continental Shelf, 
     which could and should be shared with Louisiana in much the 
     same manner and at the same level as the revenue sharing that 
     was afforded the Western states; and
       Whereas, Louisiana, like the Western states, should receive 
     compensation for infrastructure and environmental impacts 
     associated with mineral production from its contributions to 
     the federal treasury; and
       Whereas, the energy bill currently before Congress offers 
     far less to coastal states than the amount of revenue sharing 
     given inland states even though the impact of oil and gas 
     production is far greater in the sensitive and fragile 
     wetlands of the coastal states.
       Therefore, be it Resolved, That the House of 
     Representatives of the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enable Louisiana to 
     receive its appropriate share of revenue received by the 
     United States from oil and gas activity on the Outer 
     Continental Shelf.
       Be it further resolved, that a copy of this Resolution be 
     sent to the presiding officer of the United States House of 
     Representatives and to the presiding officer of the United 
     States Senate.
                                  ____

       POM-177. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the release of funds to the 
     states from the Leaking Underground Storage Tank Trust Fund; 
     to the Committee on Environment and Public Works.

                              A Resolution

       Encouraging the Congress of the United States and the 
     Environmental Protection Agency to release funds to the 
     states from the Leaking Underground Storage Tank Trust Fund.
       Whereas, in 1989 the Commonwealth of Pennsylvania passed 
     the act of July 6, 1989 (P.L. 169, No. 32), known as the 
     Storage Tank and Spill Prevention Act, becoming one of the 
     largest industrial states to regulate underground storage 
     tanks to protect ground and surface water and to comply with 
     a Federal mandate to regulate these tanks; and
       Whereas, there are now more than 56,300 underground storage 
     tanks in Pennsylvania owned by service stations, farmers, 
     local governments, petroleum product distributors, 
     convenience stores, small businesses, truck stops and food 
     merchants; and
       Whereas, the owners of underground tanks pay more than $3.8 
     million in fees every year to support the Storage Tank 
     Program of the Department of Environmental Protection and now 
     face fee increases that would in most cases triple the 
     existing rates; and
       Whereas, the Storage Tank Advisory Committee has offered to 
     work with the Department of Environmental Protection to help 
     reduce the administrative costs of the Commonwealth's Storage 
     Tank Program; and
       Whereas, Pennsylvania underground tank owners also pay more 
     than $29 million in fees for leak cleanup insurance every 
     year to the Underground Storage Tank Indemnification Fund in 
     response to a Federal mandate to have spill cleanup coverage; 
     and
       Whereas, Pennsylvania gasoline and diesel fuel consumers 
     pay more than $6.4 million to the Leaking Underground Storage 
     Tank Trust Fund of the Federal Government every year, and 
     Pennsylvania receives only $1.8 million in return to help 
     fund the Commonwealth's Storage Tank Program; and
       Whereas, the Leaking Underground Storage Tank Trust Fund 
     now has a balance of more than $2 billion that could be 
     allocated to states to offset the administrative costs of 
     their storage tank programs; and
       Whereas, the Congress of the United States is now 
     considering changes to Federal requirements covering 
     underground storage tanks that may impose additional unfunded 
     mandates on states responsible for administering Federal 
     storage tank regulations; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania strongly encourage the Congress 
     of the United States and the Environmental Protection Agency 
     to take the steps necessary to redistribute more of the $2 
     billion already in the Leaking Underground Storage Tank Trust 
     Fund of the Federal Government to states for the purpose of 
     helping to offset the administrative costs of the federally 
     mandated program; and be it further
       Resolved, That such actions be accomplished as soon as 
     practicable to help the

[[Page S9464]]

     Commonwealth of Pennsylvania avoid unnecessary increases in 
     fees on the owners of underground storage tanks; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress, to each 
     member of Congress from Pennsylvania and to the Administrator 
     of the Environmental Protection Agency.
                                  ____

       POM-178. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Storage Tank and Spill Prevention Act; to the Committee on 
     Environment and Public Works.
       Whereas, in 1989 the Commonwealth of Pennsylvania passed 
     the Storage Tank and Spill Prevention Act, becoming one of 
     the largest industrial states to regulate underground storage 
     tanks to protect ground and surface water and to comply with 
     a Federal mandate to regulate these tanks; and
       Whereas, there are more than 56,300 underground storage 
     tanks in the Commonwealth of Pennsylvania owned by service 
     stations, farmers, local governments, petroleum product 
     distributors, convenience stores, small businesses, truck 
     stops and food merchants; and
       Whereas, the owners of underground tanks pay more than $3.8 
     million in fees every year to support the Storage Tank 
     Program of the Department of Environmental Protection and now 
     face fee increases that would in most cases triple the 
     existing rates; and
       Whereas, the Storage Tank Advisory Committee has offered to 
     work with the Department of Environmental Protection to 
     reduce administrative costs of the Storage Tank Program; and
       Whereas, underground tank owners in the Commonwealth of 
     Pennsylvania pay more than $29 million in fees for leak 
     cleanup insurance every year to the Underground Storage Tank 
     Indemnification Fund in response to a Federal mandate to have 
     spill cleanup coverage; and
       Whereas, while Pennsylvania gasoline and diesel fuel 
     consumers pay more than $6.4 million to the Leaking 
     Underground Storage Tank Trust Fund every year, the 
     Commonwealth of Pennsylvania receives only $1.8 million in 
     return to help fund the Storage Tank Program; and
       Whereas, the Leaking Underground Storage Tank Trust Fund 
     now has a balance of more than $2 billion that could be 
     allocated to states to offset the administrative costs of the 
     Storage Tank Program; and
       Whereas, the Congress is now considering changes to Federal 
     requirements covering underground storage tanks that may 
     impose additional unfunded mandates on states responsible for 
     administering Federal storage tank regulations; therefore be 
     it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania strongly encourage the Congress and the United 
     States Environmental Protection Agency to take the steps 
     necessary to redistribute more of the $2 billion in the 
     Leaking Underground Storage Tank Trust Fund to states to 
     offset administrative costs of the federally mandated 
     program; and be it further
       Resolved, That these actions be accomplished as soon as 
     practicable to help the Commonwealth of Pennsylvania avoid 
     unnecessary fee increases for owners of underground storage 
     tanks; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the administrator of the Environmental Protection Agency, to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-179. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     Medicaid; to the Committee on Finance.
       Whereas, Medicaid is the Nation's largest health care 
     program, providing health and long-term care services to 53 
     million low-income pregnant women, children, individuals with 
     disabilities and seniors; and
       Whereas, Medicaid is a vital health care safety net and 
     provides important services to those persons who can get care 
     from no other source; and
       Whereas, Federal and State spending in Medicaid has 
     experienced a dramatic increase over the past five years 
     because of increases in caseloads and an increase in costs of 
     health care services; and
       Whereas, States devote 22 percent of their budgets to 
     Medicaid, and this increasing cost is unsustainable; and
       Whereas, Congress has passed a budget resolution that may 
     reduce Federal financial participation in the Medicaid 
     program; and
       Whereas, States' experiences with Medicaid place them in 
     unique positions to utilize ways to modernize the provision 
     of benefits while protecting recipients and curtailing 
     overuse and abuse; and
       Whereas, the National Governors Association has indicated 
     that cost-sharing, varying benefit packages, improving 
     prescription drug plans, changing asset transfer rules, 
     instituting comprehensive waiver reforms, providing for local 
     management of optional Medicaid categories, coordinating 
     chronic care management, providing tax breaks and credits for 
     purchase of long-term care insurance and creating long-term 
     care partnerships would help modernize and sustain the 
     Medicaid program; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress to review and consider 
     the National Governors Association recommendations which 
     would allow States to utilize greater flexibility in their 
     provision of Medicaid services; 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-180. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to supporting and enacting 
     legislation placing reasonable requirements on the reporting 
     of publicly funded clinical trials; to the Committee on 
     Health, Education, Labor, and Pensions.

                              A Resolution

       Urging the President and the Congress of the United States 
     to support and enact legislation placing reasonable 
     requirements on the reporting of publicly funded clinical 
     trials.
       Whereas, there have been several cases over the past few 
     years of leading pharmaceutical companies concealing 
     information derived from publicly funded clinical trials 
     about the safety and effectiveness of some of their drugs; 
     and
       Whereas, the National Institutes of Health pursues 
     fundamental knowledge about health and illness by supporting 
     basic and clinical biomedical research activities, including 
     clinical trials; and
       Whereas, research in humans that is sponsored and funded by 
     the National Institutes of Health must undergo several levels 
     of approval, including review by a panel of authorities in 
     the field of the scientific merit of a proposed study, and 
     all protocols must be evaluated for proper ethical conduct 
     and assurance of patient safety by institutional review 
     boards, with studies of investigational drugs being reviewed 
     and approved by the Food and Drug Administration; and
       Whereas, the Food and Drug Administration has primary 
     responsibility for regulating and enforcing the conduct of 
     publicly funded clinical trials and review and approval of 
     investigational drug studies; and
       Whereas, under Federal law only certain clinical research 
     data must be reported to the Food and Drug Administration, 
     other health agencies and various oversight bodies, such as 
     institutional review boards; and
       Whereas, other data regarding study results are simply 
     reported at. scientific conferences and through peer-reviewed 
     biomedical journals, which may not be accessible to 
     physicians or the public; and
       Whereas, many citizens of the Commonwealth of Pennsylvania 
     are suffering needlessly because physicians and patients do 
     not always have access to full information about the drugs 
     prescribed and taken; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and Congress 
     of the United States to support and enact legislation 
     requiring all negative and positive information regarding all 
     publicly funded clinical trials and investigational drug 
     studies to be submitted to www.ClinicalTrials.gov as a 
     single-point clearinghouse so the public, including 
     physicians, may be made fully aware of the safety and 
     efficacy of these drugs; and be it further
       Resolved, That the Department of Health of the Commonwealth 
     of Pennsylvania be urged unless comprehensive information on 
     all publicly funded clinical trials and investigational drug 
     studies is provided to www.ClinicalTrials.gov within six 
     months of adoption of this resolution, to withhold all grant 
     money supporting the Commonwealth Universal Research 
     Enhancement Program established under Chapter 9 of the act of 
     June 26, 2001 (P.L. 755, No. 77), known as the Tobacco 
     Settlement Act, until such time as proof of compliance has 
     been provided to the General Assembly of the Commonwealth of 
     Pennsylvania; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officer 
     of each House of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-181. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Violence Against Women Act; 
     to the Committee on the Judiciary.

                            A Resolution 346

       Memorializing the Congress of the United States to pass and 
     the President of the United States to sign Violence Against 
     Women Act reauthorization legislation and to reaffirm our 
     commitment to helping victims of violent crimes.
       Whereas, domestic violence and sexual assault are pervasive 
     crimes directly affecting one in four women and touching the 
     lives of everyone in the community; and
       Whereas, The Violence Against Women Act of 1994 (VAWA) and 
     VAWA reauthorization and enhancement under the Violence 
     Against Women Act of 2000 have proven instrumental in 
     building increasing awareness that domestic violence is a 
     crime that occurs in every community; and
       Whereas, VAWA has made immeasurable contributions in 
     communities across the country in providing programs, 
     services and protection for victims of domestic violence and 
     sexual assault and by raising attention to services and 
     interventions that can help battered women, their children 
     and other victims of violent crimes; and
       Whereas, VAWA has significantly improved the response of 
     the criminal justice

[[Page S9465]]

     system to victims of domestic violence and sexual assault 
     through increased training for law enforcement personnel and 
     officers of the court; and
       Whereas, VAWA has helped victims of violent crimes rebuild 
     their lives while encouraging community responsibility for 
     prevention; and
       Whereas, VAWA continues to further the safety and stability 
     of the lives of survivors of domestic violence, dating 
     violence, sexual assault and stalking in the Commonwealth of 
     Pennsylvania and throughout the nation: and
       Whereas, The Violence Against Women Act of 2000 expires in 
     2005 unless reauthorization legislation is enacted: and
       Whereas, without the critical programs and community 
     services that are made possible under VAWA, victims of 
     domestic violence and sexual assault may be less likely to 
     seek the professional counseling and assistance services they 
     need: therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to pass and the President of the united States 
     to sign the Violence Against Women Act of 2005 and to 
     reaffirm our commitment to helping victims of violent crimes; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-182. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enacting federal legislation to ensure that 
     deserving victims of asbestos exposure receive compensation; 
     to the Committee on the Judiciary.

                              A Resolution

       To memorialize the members of the United States Senate from 
     Louisiana, Senator Mary Landrieu and Senator David Vitter, to 
     continue to work toward enacting federal legislation to 
     ensure that deserving victims of asbestos exposure receive 
     compensation.
       Whereas, asbestos, a mineral processed and used in 
     thousands of construction and consumer products, is a 
     dangerous substance and has caused thousands of people to 
     develop serious and often fatal diseases and cancers; and
       Whereas, millions of workers have been exposed to asbestos, 
     and the economic toll resulting from litigation related to 
     exposure to asbestos could run into the hundreds of billions 
     of dollars; and
       Whereas, many companies, in order to avoid bankruptcy and 
     to compensate victims with manifest injuries from exposure to 
     asbestos, have attempted to set aside sufficient resources to 
     compensate such victims; and
       Whereas, the new claims are resulting in a depletion of the 
     funds available to compensate victims who have sustained 
     serious injuries and who are in desperate need of 
     compensation; and
       Whereas, the United States Supreme Court has noted that 
     federal and state courts have been inundated by an enormous 
     number of asbestos cases that defies customary judicial 
     administration and calls for national legislation; and
       Whereas, the United States Senate Judiciary Committee, 
     under the bipartisan leadership of Republican Senator Arlen 
     Specter and Democratic Senator Patrick Leahy, have crafted a 
     bipartisan piece of legislation that creates a fair and 
     equitable system to deal with the asbestos litigation crisis; 
     and
       Whereas, this bipartisan legislation creates an asbestos 
     trust fund that will ensure that victims of asbestos exposure 
     will receive just and fair compensation.
       Therefore, be it resolved, that the Louisiana House of 
     Representatives does hereby memorialize the members of the 
     United States Senate from Louisiana, Senator Mary Landrieu 
     and Senator David Vitter, to continue to work toward enacting 
     federal legislation to ensure that deserving victims of 
     asbestos exposure receive compensation and to continue to 
     work with Senators Specter and Leahy to pass meaningful and 
     fair asbestos litigation reform legislation.
       Be it further resolved, That a copy of this Resolution be 
     transmitted to United States Senator Mary Landrieu and United 
     States Senator David Vitter and to each member of the 
     Louisiana congressional delegation.
                                  ____

       POM-183. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to recognizing the need for an apology to the 
     victims of lynching and their descendants by the United 
     States Senate for the Senate's failure to enact anti-lynching 
     legislation; to the Committee on the Judiciary.

                              A Resolution

       To recognize the need for an apology to the victims of 
     lynching and their descendants by the United States Senate 
     for the Senate's failure to enact anti-lynching legislation.
       Whereas, the crime of lynching succeeded slavery as the 
     ultimate expression of racism in the United States following 
     Reconstruction; and
       Whereas, lynching was a widely acknowledged practice in the 
     United States until the middle of the twentieth century, 
     occurring in documented incidents in all but four states; and
       Whereas, at least four thousand seven hundred forty-two 
     people, predominately African-Americans, were reported as 
     being lynched in the United States between 1882 and 1968; and
       Whereas, at least four hundred people, predominately 
     African-Americans, were reported as being lynched in 
     Louisiana between 1882 and 1968; and
       Whereas, ninety-nine percent of all perpetrators of 
     lynching escaped punishment by state or local officials; and
       Whereas, lynching prompted African-Americans to form the 
     National Association for the Advancement of Colored People 
     (NAACP) and members of B'Nai B'rith to found the Anti-
     Defamation League; and
       Whereas, nearly two hundred anti-lynching bills were 
     introduced in the United States Congress during the first 
     half of the twentieth century; and
       Whereas, between 1890 and 1940, the United States House of 
     Representatives passed three strong anti-lynching measures; 
     and
       Whereas, protection against lynching was the minimum and 
     most basic of federal responsibilities, and the United States 
     Senate considered but failed to enact anti-lynching 
     legislation despite repeated requests by civil rights groups, 
     presidents, and the United States House of Representatives to 
     do so; and
       Whereas, the recent publication of Without Sanctuary: 
     Lynching Photography in America helped to bring greater 
     awareness and proper recognition to the victims of lynching; 
     and
       Whereas, it is only by coming to terms with history that 
     the United States can effectively champion human rights 
     abroad; and
       Whereas, a resolution is being introduced by Senator Mary 
     L. Landrieu that apologizes to the victims of lynching for 
     the failure of the United States Senate to enact anti-
     lynching legislation, expresses the Senate's sympathies and 
     regrets to the descendants of lynching victims, and remembers 
     the history of lynching to ensure that the tragedies 
     surrounding the crime will neither be forgotten nor repeated; 
     and
       Whereas, an apology offered in the spirit of true 
     repentance would move the United States towards 
     reconciliation and become central to a new understanding on 
     which improved racial relations can be forged.
       Therefore, be it resolved, That the House of 
     Representatives of the Legislature of Louisiana does hereby 
     recognize the need for an apology to the victims of lynching 
     and their descendants by the United States Senate for the 
     Senate's failure to enact anti-lynching legislation.
       Be it further resolved, That a suitable copy of this 
     Resolution be transmitted to the members of the Louisiana 
     congressional delegation.
                                  ____

       POM-184. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to a constitutional amendment banning the 
     desecration of the American flag; to the Committee on the 
     Judiciary.

                        A Concurrent Resolution

       To memorialize the United States Senate to take such 
     actions as are necessary to pass the constitutional amendment 
     banning the desecration of the American flag which was passed 
     by the United States House of Representatives on June 22, 
     2005.
       Whereas, in 1989 the United States Supreme Court ruled in a 
     five to four decision that burning of the American flag is a 
     protected free-speech right; and
       Whereas, the Supreme Court's ruling overturned a 1968 
     Federal statute as well as preempting flag-protection laws in 
     forty-eight States; and
       Whereas, the United States House of Representatives on June 
     22, 2005, by a vote of two hundred eighty-six to one hundred 
     thirty, passed a constitutional amendment banning the 
     desecration of the American flag; and
       Whereas, since 1995, the United States Senate has failed to 
     pass five similar constitutional amendments which were 
     previously passed by the United States House of 
     Representatives; and
       Whereas, the United States Senate should not continue to 
     prevent each of the United States from having a voice in 
     whether or not to ratify this constitutional amendment; 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to pass the constitutional amendment banning 
     the desecration of the American flag which was passed by the 
     United States House of Representatives on June 22, 2005; 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-185. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enacting legislation establishing English as the 
     official language of the United States; to the Committee on 
     the Judiciary.

                        A Concurrent Resolution

       To memorialize the Congress of the United States of America 
     to take such actions as are necessary to enact legislation 
     establishing English as the official language of the United 
     States.
       Whereas, English is currently the national language of the 
     United States by custom but not by law; and
       Whereas, the United States is comprised of individuals from 
     many ethnic, cultural, and

[[Page S9466]]

     linguistic backgrounds and benefits from this rich diversity; 
     and
       Whereas, these individuals, while keeping their own 
     backgrounds alive, are encouraged to take advantage of our 
     nation's educational system that teaches the English language 
     and American history; and
       Whereas, throughout the history of the United States, the 
     common thread binding individuals of differing backgrounds 
     has been the English language; and
       Whereas, English was established as the official language 
     of Louisiana as a condition of statehood in 1812; and
       Whereas, command of the English language is necessary to 
     participate in and take full advantage of the opportunities 
     afforded by American life.
       Therefore, be it resolved, That the Legislature of 
     Louisiana does hereby memorialize the Congress of the United 
     States of America to take such actions as are necessary to 
     enact legislation establishing English as the official 
     language of the United States.
       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-186. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to making permanent the increases in Servicemembers' 
     Group Life Insurance coverage and the Death Gratuity benefits 
     to provide financial security of survivors of members of the 
     Louisiana National Guard and other servicemembers who make 
     the ultimate sacrifice with their lives while serving our 
     country and the state of Louisiana; to the Committee on 
     Veterans' Affairs.

                        A Concurrent Resolution

       To memorialize the United States Congress to take such 
     actions as are necessary to make permanent the increases in 
     Servicemembers' Group Life Insurance coverage and the Death 
     Gratuity benefits to provide financial security of survivors 
     of members of the Louisiana National Guard and other 
     servicemembers who make the ultimate sacrifice with their 
     lives while serving our country and the state of Louisiana.
       Whereas, members of the Louisiana National Guard (LANG) 
     have been asked to serve extended periods of active duty in 
     combat areas and in recognition of the invaluable 
     contributions that the members of LANG make to this country 
     and to the state of Louisiana, members of LANG should receive 
     assistance with their premiums for coverage under the federal 
     Servicemembers' Group Life Insurance program; and
       Whereas, the 256th Infantry Brigade is not scheduled to 
     return from Iraq until October 2006, and there is always the 
     possibility that if any conflict arises overseas that members 
     of LANG will be deployed in combat areas; and
       Whereas, under the FY 2005 Emergency Supplemental 
     Appropriations bill (H.R. 1268) of the 109th Congress adopted 
     by both houses of congress and enrolled, members of LANG will 
     be eligible for one hundred thousand dollars in death 
     gratuity benefits and life insurance policies with limits up 
     to four hundred fifty thousand dol1ars through the federal 
     Servicemembers' Group Life Insurance program; and
       Whereas, the Secretary of Defense is authorized to pay the 
     cost of premiums for the increased coverage under federal 
     Servicemembers' Group Life Insurance program; however, the 
     increased coverage and authority to pay the costs of premiums 
     terminates on September 30, 2005.
       Therefore, be it resolved, That the Legislature of 
     Louisiana does hereby memorialize the United States Congress 
     to take such actions as are necessary to make permanent the 
     increases in Servicemembers' Group Life Insurance coverage 
     and the Death Gratuity benefits to provide for financial 
     security of survivors of members of the Louisiana National 
     Guard and other servicemembers who make the ultimate 
     sacrifice with their lives while serving our country and the 
     state of Louisiana.
       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-187. A resolution adopted by the Miami-Dade County 
     Board of County Commissioners, Miami-Dade County, Florida 
     relative to the support for $385 Million in funding for 
     Housing Opportunities for Persons Living with AIDS (HOPWA) 
     Program for fiscal year 2006; to the Committee on Banking, 
     Housing, and Urban Affairs.

                          ____________________