[Congressional Record Volume 151, Number 150 (Monday, November 14, 2005)]
[Senate]
[Pages S12764-S12766]
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-212. A joint resolution adopted by the Legislature of 
     the State of California relative to the ``Don't Ask, Don't 
     Tell'' military policy; to the Committee on Armed Services.

                     Senate Joint Resolution No. 11

       Whereas, Since the 1994 codification into law by the United 
     States Congress, and by the signature of the President, the 
     policy now known as ``Don't Ask, Don't Tell, Don't Pursue, 
     Don't Harass'' (National Defense Authorization Act of 1994 
     (Public Law 103-160)) has led to the discharge of a great 
     number of lesbian and gay service members, thus ending their 
     careers and burdening them with a lifelong stigma; and
       Whereas, The capacity of the Armed Forces of the United 
     States to carry out its missions, like the Global War on 
     Terror, is hindered when competent and qualified individuals 
     are involuntarily discharged from those forces; and
       Whereas, The Armed Forces of the United States have been 
     forced to retain Reserve and National Guard service members 
     on active duty past standard deployment lengths in order to 
     carry out its missions during the Global War on Terror; and
       Whereas, The ability of the Armed Forces to recruit and 
     retain the best and brightest Americans is hindered by 
     excluding a section of the population solely because of 
     sexual orientation; and
       Whereas, Lesbian and gay service members have served 
     honorably throughout United States history and continue to 
     serve with distinction on active duty in the Global War on 
     Terror, including in Operation Enduring Freedom in 
     Afghanistan and Operation Iraqi Freedom in Iraq; and
       Whereas, These men and women have achieved military honors, 
     decorations, and promotions to the highest ranks of their 
     respective services for their valor and service to the people 
     of the United States; and
       Whereas, America's allies in the war on terror, like the 
     United Kingdom, Australia, and Israel, all allow lesbian and 
     gay service members to serve openly; and
       Whereas, The Department of Homeland Security, the Federal 
     Bureau of Investigation, the Defense Intelligence Agency, the 
     National Security Agency, the Central Intelligence Agency, 
     and other federal departments handling national security 
     allow their lesbian, gay, bisexual, and transgender 
     personnel to serve openly; and
       Whereas, A February 2005 Government Accountability Office 
     report shows that more than 9,488 service members have been 
     discharged under the ``Don't Ask, Don't Tell'' policy, 
     including at least 757 service members in ``critical 
     occupations,'' such as counterintelligence experts, at a cost 
     to taxpayers of more than $190 million; and
       Whereas, The Department of Defense reported that 209 
     language specialists have been discharged from the military 
     under the ``Don't Ask, Don't Tell'' policy, including 54 
     Arabic and 9 Farsi translators, vitally important positions 
     to intelligence gathering and in critical shortage; and
       Whereas, Evidence from a study conducted by the Center for 
     the Study Of Sexual Minorities in the Military suggests that 
     the ``Don't Ask, Don't Tell'' policy increases gay troops' 
     stress levels, lowers their morale, impairs their ability to 
     form trusting bonds with their peers, restricts their access 
     to medical care, psychological services and religious 
     consultations, and limits their ability to advance 
     professionally and their willingness to join and remain in 
     the services; and
       Whereas, Every Department of Defense authorized study has 
     shown that there is no correlation between sexual orientation 
     and unit cohesion in the Armed Forces; and
       Whereas, The majority of American citizens support keeping 
     trained and skilled openly gay and lesbian service members in 
     the military; and
       Whereas, The United States military's readiness to protect 
     and defend our nation is severely compromised because of the 
     discriminatory ``Don't Ask, Don't Tell'' policy that is 
     arbitrarily enforced by commanders whose personal beliefs may 
     influence their disciplinary actions; and
       Whereas, Discharges under ``Don't Ask, Don't Tell'' are 
     historically fewer when troop strength is low, as in times of 
     war, which denotes the tacit recognition by the military that 
     lesbian and gay service members are fit and capable of 
     military service, thereby further illustrating the arbitrary 
     enforcement of this policy; and
       Whereas, California has 26 military bases which are home to 
     tens of thousands of military personnel and their families, 
     and, according to a 2004 Urban Institute study, an estimated 
     137,000 lesbian and gay veterans live in California; and
       Whereas, The Legislature and courts of the State of 
     California have extended protections based on sexual 
     orientation and gender identity that affirm the equality 
     under the law of lesbian, gay, bisexual, and transgender 
     citizens in order to prevent invidious discrimination; and
       Whereas, In 2004 the California Legislature passed, and the 
     Governor signed, legislation that protects nonfederally 
     recognized personnel in the California State Military from 
     the threat of ``Don't Ask, Don't Tell''; and
       Whereas, Military readiness is enhanced when every 
     qualified, capable American, regardless of sexual 
     orientation, is welcomed into our Armed Forces and has their 
     talents utilized in the best interest of our national 
     security; now, therefore, be it
       Resolved by the Senate of the State of California, the 
     Assembly thereof concurring, That the Legislature of the 
     State of California respectfully urge the President and the 
     Congress of the United States to adopt the Military Readiness 
     Enhancement Act of 2005 (H.R. 1059) to end the discriminatory 
     federal policy of ``Don't Ask, Don't Tell''; and be it 
     further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President of the United States, to 
     each Senator and Representative in the Congress of the United 
     States, and to the presiding officer of each house of each 
     state legislature of the several states.
                                  ____

       POM-213. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to expressing 
     opposition to the study and construction of an international 
     border crossing in the Downriver area; to the Committee on 
     Commerce, Science, and Transportation.

                        Senate Resolution No. 57

       Whereas, The Detroit-Windsor and Port Huron-Sarnia border 
     crossings of Southeast Michigan/Southwest Ontario are the 
     busiest international crossings in North America, 
     representing nearly 50 percent of the traffic volume crossing 
     the United States/Canadian border. In 2000, American trade 
     with Ontario reached $243 billion, which is larger than the 
     total U.S. trade with Japan; and
       Whereas, More than 75,000 vehicles use the Southeast 
     Michigan/Southwest Ontario border crossings each day. Traffic 
     at the Michigan and Canadian ports of entry has grown 44 
     percent from 19.7 million vehicles in 1990 to 28.4 million 
     vehicles in 2000. Truck traffic at these ports has more than 
     doubled from 2.5 million vehicles in 1990 to 5.1 million in 
     2000.

[[Page S12765]]

     Over the next thirty years, the cross-border traffic along 
     the Detroit-Windsor corridor is projected to increase 40 
     percent in car traffic and 120 percent in truck traffic. This 
     corresponds to an increase in daily cross-border car trips 
     from 52,000 to 70,000 and an increase in daily cross-border 
     truck trips from 13,000 to 28,000; and
       Whereas, The Canada-US-Ontario-Michigan Border 
     Transportation Partnership is conducting a Planning/Need and 
     Feasibility Study to examine existing and future cross-border 
     transportation problems and opportunities within the 
     Southeast Michigan and Southwest Ontario region. In June 
     2005, the partnership proposed several international crossing 
     alternatives that address these identified transportation 
     problems and opportunities. Each alternative would involve 
     massive reconfiguration to either the I-275 or I-75 
     interchange area and significant expansion of either King 
     Road, Pennsylvania Road, or Eureka Road to connect the 
     proposed interchange areas to the river crossing plazas; and
       Whereas, The Detroit River International Crossing Study 
     proposes 12 river crossing plazas along the riverfront from 
     Belle Isle to Grosse Ile. Four of the proposed plazas are 
     located in the Downriver area. The first plaza consists of 
     173 acres located on the northeast corner of Fort Street and 
     King Road in Trenton near the McLouth Steel property. The 
     second proposed plaza is located in Trenton on the east side 
     of Jefferson Avenue, north of King Road, on 217 acres owned 
     by McLouth Steel. The third proposed plaza consists of 85 
     acres located at the Atofina Chemical Company, located south 
     of Pennsylvania Road, west of Longsdorf Street in Riverview. 
     The fourth proposed Downriver plaza is located at the Atofina 
     Chemical Company on 85 acres located off Pennsylvania Road, 
     east of Biddle Avenue, and south of Wyandotte Shores Golf 
     Club in Wyandotte; and
       Whereas, The reconfiguration of an interchange, the 
     expansion of major roadways, and the construction of a plaza 
     will have adverse effects on the quality of life in 
     Downriver's 19 cities and townships. In particular, these 
     wholesale transportation-related transformations will lead to 
     plummeting property values that will have a devastating 
     financial impact on the whole of Wayne County, particularly 
     public schools. These changes will bring about excessive 
     traffic-related noise that may have to be mitigated by the 
     erection of intrusive noise barriers, thereby eroding 
     community aesthetics and fueling negative public perception; 
     and
       Whereas, These transportation-related changes will also 
     result in increased passenger vehicle and truck traffic. 
     Residents near the recommended bridge plaza will face 
     unacceptable health risks from the degraded local air quality 
     caused by heavy-duty truck exhaust emissions. Heavy-duty 
     trucks burn diesel fuel and are major emitters of nitrogen 
     oxides and particulate matter. Nitrogen oxides emitted by on-
     road vehicles are a major contributor to high ozone levels in 
     Southeast Michigan. The Downriver area will incur significant 
     costs just to control emissions from current vehicle traffic 
     in order to attain the federal ozone standard. Fine 
     particulate matter emitted by diesel and gasoline engines is 
     implicated as the cause of premature death in persons with 
     cardiac and/or respiratory ailments after short-term exposure 
     as well as being linked to an increased risk of lung cancer 
     following long-term exposure; and
       Whereas, The partnership also proposes the construction of 
     one of three alternative bridges connecting the river 
     crossing plazas to Ontario via Grosse Ile. Anyone of the 
     alternative bridges would produce intolerable traffic noise 
     that could not be mitigated by noise barriers, vegetation, 
     buffer zones, or any other noise abatement method. The 
     proposed King Road plazas bridge would span Grosse Ile along 
     Horse Mill road, with an attendant plaza facility near Church 
     and East River Roads. This proposed facility would either 
     destroy or have a decidedly negative impact on hundreds of 
     privately-owned residences, a Presbyterian Church and 
     cemetery, a Roman Catholic Church and cemetery, sensitive 
     wetlands, marshes, woods and transitional prairies, and a 
     number of locations on the Michigan Register of Historic 
     Sites. The proposed facility would also obliterate the 
     historical landing site of Antoine de la Mothe Cadillac, who 
     camped on Grosse Ile more than 300 years ago before 
     proceeding upriver to settle modern-day Detroit. The two 
     proposed Pennsylvania Road plaza bridges would extend over 
     Hennepin Point, located on the northern end of Grosse Ile. 
     Any one of the proposed bridges will pose significant 
     problems for pilots flying out of Grosse Ile Municipal 
     Airport; endanger the 27 species of waterfowl, 17 species of 
     raptors (eagles, hawks, and falcons), 48 species of 
     nonraptors (loons, warblers, neotropical songbirds, cranes, 
     and shore birds); and bring peril to numerous species of 
     dragonflies and butterflies that migrate to the Grosse Ile 
     coastal wetlands; and
       Whereas, The construction of an international bridge 
     crossing in the Downriver area will have a detrimental impact 
     on the Detroit River, the first river to be designated a bi-
     national Heritage River and an International Wildlife Refuge. 
     As such, the river's marshes, coastal wetlands, islands, 
     shoals, and other natural features are to be preserved and 
     restored to protect wildlife habitat. The Detroit River is 
     also a primary source of drinking water for Wayne County. 
     This is important because an international bridge crossing 
     may involve the dredging of the Black Lagoon, which is 
     directly downstream from the McLouth Steel property. 
     Sediments in this area have been well documented to contain 
     high levels of mercury, PCBs, cadmium, chromium, copper, 
     lead, zinc, oils, and grease, substances that are known to be 
     hazardous to humans, wildlife, and aquatic species. Lead 
     contamination levels in this vicinity also exceed human 
     contact standards. Moreover, the construction of an 
     international bridge will have injurious consequences on the 
     small streams, ponds, and other sensitive ecosystems of the 
     Downriver watershed caused by road salt runoff. Road deicing 
     salts are contributing to the gradual salinization of the 
     Detroit River and area groundwater supplies; now, therefore, 
     be it
       Resolved by the Senate, That we express opposition to the 
     study and construction of an international border crossing in 
     the Downriver area; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Office of the Governor, the Michigan Department of 
     Transportation, the Federal Highway Administration, the 
     President of the United States, the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-214. A joint resolution adopted by the Legislature of 
     the State of California relative to stem cell research; to 
     the Committee on Health, Education, Labor, and Pensions.

                     Senate Joint Resolution No. 17

       Whereas, An estimated 128 million Americans suffer from the 
     crippling economic and psychological burden of chronic, 
     degenerative, and acute diseases, including diabetes, 
     Parkinson's disease, cancer, and Alzheimer's disease; and,
       Whereas, Chronic, degenerative, and acute disease result in 
     extreme human loss and suffering for those who suffer from 
     them and their families and caregivers, and result in 
     hundreds of billions of dollars annually in medical treatment 
     and lost productivity costs; and
       Whereas, Stem cell research offers immense promise for 
     developing new medical therapies for these debilitating 
     diseases and a critical means to explore fundamental 
     questions of biology and could lead to improved treatments 
     and potential cures for diabetes, Parkinson's disease, 
     Alzheimer's disease, spinal cord injuries, burns, cancer, 
     heart disease, and other diseases; and
       Whereas, The United States has historically taken a leading 
     role in funding biomedical research and has been a haven for 
     open scientific inquiry and technological innovation, and, as 
     a result, is the preeminent world leader in biomedicine and 
     biotechnology; and
       Whereas; On August 9, 2001, the President adopted a policy 
     that restricts federal funding for embryonic stem cell 
     research to a limited number of embryonic stem cell lines 
     that were in existence as of that time, and subsequent 
     research has found those existing stem cell lines to be 
     significantly limited in their ability to support stem cell 
     research; and
       Whereas, The United States House of Representatives has 
     twice passed legislation to prohibit some forms of stem cell 
     research, but voted on May 24, 2005, to allow federal funding 
     for stem cell research using excess embryos from fertility 
     clinics; and
       Whereas, California voters approved Proposition 71 in 
     November 2004, which will provide $3 billion over 10 years 
     for stem cell research in California; and
       Whereas. The Legislature has enacted legislation declaring 
     that research involving the derivation and use of human stem 
     cells, human embryonic germ cells, and human adult stem cells 
     from any source, including somatic cell nuclear 
     transplantation, shall be permitted in California, calling 
     for the development of ethical guidelines for stem cell 
     research, and prohibiting human cloning; and
       Whereas, In 2005, the National Academy of Sciences issued 
     guidelines for conducting human embryonic stem cell research 
     in an ethical and responsible manner; and
       Whereas, Similar guidelines are being developed by the 
     California Institute for Regenerative Medicine and the State 
     Department of Health Services; now, therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California hereby memorializes Congress and the President of 
     the United States to: (1) lift restrictions on federal 
     funding for stem cell research; (2) not impair the ability of 
     researchers to conduct stem cell research applications that 
     hold promise for developing therapies for treating and curing 
     chronic diseases; (3) develop ethical guidelines for 
     federally funded stem cell research; and (4) prohibit human 
     cloning; 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, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-215. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Low-

[[Page S12766]]

     Income Home Energy Assistance Program (LIHEAP); to the 
     Committee on Health, Education, Labor, and Pensions.
       Whereas, The Low-Income Home Energy Assistance Program 
     (LIHEAP) was established by Congress as a federally funded 
     program providing energy assistance to low-income persons for 
     heating their homes; and
       Whereas, Many Pennsylvanians received these energy 
     assistance grants for several years; and
       Whereas, Natural gas, electric and home heating oil prices 
     have risen steadily over the past several years and are 
     predicted to be even higher for this winter; and
       Whereas, Home heating oil prices are predicted to increase 
     by 52%; and
       Whereas, Natural gas prices are predicted to increase by 
     36% or higher; and
       Whereas, The Federal allocation for LIHEAP has remained at 
     $2 billion for years; and
       Whereas, The Commonwealth of Pennsylvania will receive $120 
     million, the same amount it received last year; and
       Whereas, More than 70% of eligible residential customers in 
     the Commonwealth of Pennsylvania are not able to receive 
     assistance due to lack of funding; and
       Whereas, Some increases in home heating prices is due to 
     devastation from Hurricanes Katrina and Rita; and
       Whereas, While the Gulf Coast states were directly struck 
     by Hurricane Katrina and Rita, northeastern states have felt 
     the impact of the storms through a sharp increase in natural 
     gas, electric and home heating oil costs; and
       Whereas, Gas companies in the Commonwealth of Pennsylvania 
     receive 80% of their natural gas supply from the Gulf Coast 
     suppliers; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize Congress to appropriate supplemental 
     LIHEAP funds as part of any disaster relief legislation to 
     assist those states which will be impacted by higher prices 
     and shortages in the midst of a predicted harsh winter; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the Clerk of the United States Senate and the Clerk of the 
     United States House of Representatives.
                                  ____

       POM-216. A resolution adopted by the City Council of the 
     City of South Charleston, West Virginia relative to the 
     withdrawal of troops from Iraq; to the Committee on Armed 
     Services.
       POM-217. A resolution adopted by the California State Lands 
     Commission relative to opposing lifting of the Federal 
     Moratorium on Oil and Gas Leasing off the California Coast; 
     to the Committee on Energy and Natural Resources.
       POM-218. A resolution adopted by the Jefferson Davis Parish 
     Police Jury of the State of Louisiana relative to temporarily 
     removing the embargo restrictions on Cuba; to the Committee 
     on Foreign Relations.
       POM-219. A resolution adopted by the Board of Supervisors 
     of the County of Los Angeles of the State of California 
     relative to supporting House Resolution 316 and House 
     Concurrent Resolution 195 which relate to the Armenian 
     Genocide of 1915 to 1923; to the Committee on Foreign 
     Relations.
       POM-220. A resolution adopted by the Township Council, 
     Township of South Brunswick, State of New Jersey relative to 
     expressing disapproval of those sections of the Patriot Act 
     that may infringe upon fundamental civil rights; to the 
     Committee on the Judiciary.

                          ____________________