[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Pages 17067-17075]
[From the U.S. 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-492. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to the State Waste 
     Empowerment and Enforcement Provision Act of 2003; to the 
     Committee on Environment and Public Works.

                     House Joint Resolution No. 247

       WHEREAS, recent reports issued by he Department of 
     Environmental Quality reveal that Virginia is currently the 
     second largest importer of municipal solid waste from other 
     states, second only to Pennsylvania, and is currently 
     importing approximately 5.5 million tons annually of 
     municipal solid waste from other states; and
       WHEREAS, the amount of municipal solid waste being imported 
     into Virginia is expected to increase in the coming years due 
     to the closure of the Fresh Kills Landfill in New York and 
     increased volumes from other states; and
       WHEREAS, the importation of significant amounts of 
     municipal solid waste from other states is prematurely 
     exhausting Virginia's limited landfill capacity; and
       WHEREAS, the negative impact of truck, rail, and barge 
     traffic and litter, odors, and noise associated with waste 
     imports occurs at the location of final disposal and along 
     waste transportation routes, and current landfill technology 
     has the potential to fail, leading to long-term cleanup and 
     other associated costs; and
       WHEREAS, under current federal law, Virginia cannot 
     regulate the amount of solid waste brought into the 
     Commonwealth each year; and
       WHEREAS, the importation of significant amounts of 
     municipal solid waste from other states is inconsistent with 
     Virginia's efforts to promote the Commonwealth as a national 
     and international destination for tourism and high-tech 
     economic development; and
       WHEREAS, the Commerce Clause of the United States 
     Constitution and its interpretation and application by the 
     United States Supreme Court and other federal courts 
     regarding interstate solid waste transportation has left 
     Virginia and other states with limited alternatives to 
     regulate, limit, or prohibit the importation of municipal 
     solid waste; and
       WHEREAS, the General Assembly of Virginia believes that 
     state and local governments should be given more authority to 
     control the importation of municipal solid waste into their 
     jurisdictions; and
       WHEREAS, although state laws governing the importation of 
     municipal solid waste have been ruled to violate the Commerce 
     Clause of the United States Constitution, the enactment of 
     the State Waste Empowerment and Enforcement Provision Act of 
     2003 would protect states from constitutional challenges to 
     common sense regulation of trash haulers, and empower states 
     to require inspectors at landfills, incinerators, and 
     transfer stations that accept out-of-state municipal solid 
     waste; and
       WHEREAS, it is the consensus of the General Assembly of 
     Virginia that state and local governments should be given 
     more authority to limit, reduce, and control the importation 
     of solid waste into their jurisdictions through several 
     provisions, including percentage caps, calendar year freezes, 
     the regulation and restriction of certain modes of 
     transportation, the requirement of state inspectors at 
     facilities handling out-of-state waste, and the assessment of 
     fees for the receipt or disposal of out-of-state municipal 
     solid waste that are different than fees assessed for the 
     receipt or disposal of municipal solid waste generated within 
     the Commonwealth: Now, therefore, be it
       Resolved by the House of Delegates, the Senate concurring, 
     That the Congress of the United States be urged to enact the 
     State Waste Empowerment and Enforcement Provision Act of 2003 
     (HR 1123). The Congress is urged to authorize local and state 
     governments to regulate the importation of municipal solid 
     waste into their respective jurisdictions; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation so that they may be apprised of the 
     sense of the General Assembly of Virginia in this matter.
                                  ____

       POM-493. A joint resolution adopted by the Legislature of 
     the State of California relative to gasoline; to the 
     Committee on Environment and Public Works.

                     Senate Joint Resolution No. 28

       Whereas, the federal Clean Air Act Amendments of 1990 (P.L. 
     101-549) mandate the use of reformulated gasoline containing 
     2 percent, by weight, oxygen in areas designated as 
     nonattainment areas due to high ambient ozone levels in 
     summer months and high ambient carbon monoxide levels in 
     winter months; and
       Whereas, the federal oxygenate mandate requires the use of 
     oxygenate in gasoline in approximately 70 percent of the 
     California retail gasoline market; and
       Whereas, California has historically led the nation in 
     enacting air quality improvement measures that provide 
     substantial health, economic, and social benefits for the 
     state's citizens; and
       Whereas, the State Air Resources Board's Cleaner Burning 
     Gasoline Program has resulted in reducing emissions 
     equivalent to removing 3.5 million cars from California's 
     roads; and
       Whereas, the California Cleaner Burning Gasoline Program 
     provides greater flexibility than the federal program to 
     produce gasoline that meets stringent emission reduction 
     mandates; and

[[Page 17068]]

       Whereas, methyl tertiary-butyl ether (MTBE) has been used 
     in California as the primary oxygenate additive to gasoline 
     because its relatively low vapor pressure (RVP) simplifies 
     the production of low-RVP summer gasolines, and because of 
     its compatibility with the blending and distribution system 
     for gasoline, its ability to be transported by pipeline, and 
     its high octane rating; and
       Whereas, the Environmental Protection Agency's Blue Ribbon 
     Panel on Oxygenates in Gasoline recommended that the 2-
     percent oxygenate requirement be removed and that MTBE be 
     reduced substantially; and
       Whereas, pursuant to Chapter 816 of the Statutes of 1997, 
     the University of California prepared a report that assessed 
     the health and environmental effects of MTBE and submitted 
     that report to the Legislature and the Governor in November 
     1998; and
       Whereas, the University of California report found that 
     there are significant risks and costs associated with water 
     contamination due to the use of MTBE because it is highly 
     soluble in water and will transfer readily to groundwater 
     from leaking underground storage tank systems and other 
     components of the gasoline distribution system; and
       Whereas, the County of Santa Clara, the City of Santa 
     Monica, the Lake Tahoe region, and the Sacramento area, as 
     well as other municipalities in other areas of the state, 
     have all been forced to shut down public drinking water wells 
     due to MTBE contamination; and
       Whereas, the University of California report found that 
     over 60 percent of the reservoirs tested in California have 
     detectable levels of MTBE; and
       Whereas, the University of California report found that 
     there is no significant additional air quality benefit to the 
     use of oxygenates such as MTBE in reformulated gasoline, 
     relative to the alternative nonoxygenated formulations 
     identified by the California Cleaner Burning Gasoline 
     Program; and
       Whereas, United States Senators Diane Feinstein and James 
     Inhofe previously introduced legislation, S. 947, to grant 
     the governor of a state the power to waive the 2-percent 
     oxygenate content requirement for reformulated or clean 
     burning gasoline as long as the fuel meets all other 
     requirements for reformulated gasoline other than those 
     regarding oxygen content; and
       Whereas, California has previously sought a waiver from the 
     United States Environmental Protection Agency of the oxygen 
     content requirement; and
       Whereas, the United States Environmental Protection Agency 
     denied California's request for a waiver on the grounds that 
     there was not sufficient evidence that the waiver would help 
     California to reduce harmful levels of air pollutants; and
       Whereas, California has sought and received waivers from 
     other provisions of the federal Clean Air Act, including 
     Section 209(b)(1) of that act, and has demonstrated no loss 
     of air quality benefits after those waivers have been issued: 
     Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the United States 
     Environmental Protection Agency to reconsider granting an 
     administrative waiver of the federal Clean Air Act's 
     oxygenated gasoline requirement to the State of California, 
     to the extent permitted by the federal Clean Air Act, given 
     the state's independent requirements for clean gasoline that 
     meet both state and national ambient air quality standards; 
     and be it further
       Resolved, That the Legislature of the State of California 
     respectfully memorializes the Congress of the United States 
     to enact legislation, if an administrative waiver of the 
     federal Clean Air Act is not granted by the United States 
     Environmental Protection Agency, similar to, or including, 
     the Feinste-Inhofe legislation, that would authorize 
     California to waive the oxygen content requirement for 
     reformulated gasoline only if the fuel meets other 
     requirements in the federal Clean Air Act for reformulated 
     gasoline; and be it further
       Resolved, That the Legislature of the State of California 
     respectfully memorializes the President of the United States 
     to sign that legislation if it is enacted by the Congress of 
     the United States; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Secretary of the United States 
     Environmental Protection Agency, the Speaker of the House of 
     Representatives, the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-494. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to rip currents in the Great Lakes; to the Committee 
     on Environment and Public Works.

                        House Resolution No. 271

       Whereas, the Great Lakes are known for their beauty, power, 
     and importance to life in this region. Less well known and 
     understood are the dangers of rip currents, which threaten 
     public safety and can cause deaths of swimmers at beaches 
     along the Great Lakes. While rip currents seem to be better 
     known at the ocean, they are no less serious to bathers along 
     Michigan's shores; and
       Whereas, rip currents, which are sometimes mistakenly, 
     referred to as rip tides or undertows, are caused by sandbars 
     offshore that break apart. The current that results can be 
     very strong, taking even an Olympic-caliber swimmer swiftly 
     away from the shore. The ``rip'' in the sandbar can be the 
     result of high winds or large waves, and it can occur with 
     absolutely no warning. Rip currents can last a few minutes, 
     several hours, or even days. While there often is 
     discoloration to the water that is swept away from the shore 
     by the rip current, this is not always easy to see. Although 
     there is an effective strategy a swimmer can use to return to 
     shore safely, this knowledge must be in place before such an 
     incident occurs to prevent a tragedy; and
       Whereas, there is clearly a need for greater public 
     awareness among beach visitors to the Great Lakes and more 
     comprehensive research into rip currents. Research could help 
     determine better responses and quicker notification for 
     swimmers as a rip current situation develops. With the number 
     of people swimming in the Great Lakes each summer, this 
     research could save many lives: Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to provide 
     increased funding to support research and education on rip 
     currents in the Great Lakes; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-495. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Hawaii relative to 
     prescription drugs to the Committee on Finance.

                  Senate Concurrent Resolution No. 56

       Whereas, the Medicare Drug Benefit law recently enacted by 
     Congress and signed into law by the President prohibits the 
     government from negotiating prescription drug prices with the 
     manufacturers; and
       Whereas, the pharmaceutical companies have been negotiating 
     with other governments such as Canada and Mexico, offering 
     citizens of those countries substantial discounts on 
     prescription drugs, while still generating profits from the 
     discounted prices; and
       Whereas, news articles have documented that many Americans 
     travel to Canada to purchase their prescription drugs; and
       Whereas, there is a growing momentum to allow individuals, 
     as well as state and local governments, to lower health care 
     costs by purchasing prescription drugs from Canada; and
       Whereas, allowing the American government to negotiate 
     prescription drug prices would reduce their costs, as since 
     our purchasing power covers approximately 270 million 
     Americans, which is the largest economy in the world, our 
     government can negotiate lower prices than Canada and other 
     countries and pass on the savings to our citizens; and
       Whereas, all Americans will be the beneficiaries of 
     discounted prescription drugs, especially those who need 
     prescription drugs for serious health conditions, all group 
     prescription drug programs provided by employers and union 
     agreements, and the state and federal programs that provide 
     prescription drugs to veterans, Medicaid recipients, and 
     others who qualify for government supported programs; and
       Whereas, substantial savings can be used for other 
     healthcare needs or expenses and reducing co-payments; and
       Whereas, every other developed country has the power to 
     negotiate the costs of prescription drugs: Now, therefore, be 
     it
       Resolved by the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2004, the House of 
     Representatives concurring, That the President and Congress 
     are urged to repeal the restriction on government to 
     negotiate reductions in prescription drug prices with 
     manufacturers; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Speaker of the House of Representatives of the 
     United States, the President of the Senate of the United 
     States, and the members of Hawaii's Congressional delegation.
                                  ____

       POM-496. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to the Central 
     American Free Trade Agreement; to the Committee on Finance.

                       Senate Resolution no. 115

       Whereas, U.S. Trade Representative Robert Zoellick signed a 
     Free Trade Agreement on May 28, 2004, with the Central 
     American countries of El Salvador, Nicaragua, Guatemala, 
     Honduras and Costa Rica; and
       Whereas, the Central American Free Trade Agreement (CAFTA) 
     must now be approved by the national assemblies in each of 
     the

[[Page 17069]]

     participating countries, with the approved legislation 
     expected to come before the U.S. Congress in late June or 
     early July for a vote; and
       Whereas, approval of such an agreement will be an economic 
     disaster for farmers and workers in Louisiana in particular 
     and throughout the rest of the nation in general; and
       Whereas, the Louisiana sugar industry will suffer immediate 
     and irreversible damage as jobs are lost and Louisiana sugar 
     farmers go out of business; and
       Whereas, it is now estimated that twenty-seven thousand 
     jobs will be lost across Southern Louisiana, throwing the 
     state's economy into chaos, if the CAFTA legislation is 
     approved by the U.S. Congress; and
       Whereas, Louisiana's economy will lose approximately nine 
     hundred eighty-seven million dollars annually and over four 
     billion, five hundred thousand dollars over the next five 
     years if CAFTA becomes law; and
       Whereas, CAFTA is modeled after NAFTA, the North American 
     Free Trade Agreement, which has caused many U.S. textile 
     manufacturers such as Fruit of the Loom to desert American 
     workers and relocate in foreign countries where labor and 
     life is extremely cheap; and
       Whereas, Louisiana communities are reeling from the effects 
     of NAFTA with Crowley losing more than one hundred jobs at 
     Garment Manufacturing, and St. Martinville, Abbeville, Port 
     Barre, and Vidalia, losing nearly eight thousand Fruit of the 
     Loom jobs; and
       Whereas, negotiations between Southwest Louisiana rice 
     farmers and Cuba to buy Louisiana rice will be impeded or 
     made impossible if the U.S. Congress passes the CAFTA 
     legislation: Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby memorialize the U.S. Congress to reject the 
     legislation before it to create the Central American Free 
     Trade Agreement which would have devastating consequences on 
     the economy and the workers of Louisiana; be it further
        Resolved, That a copy of this Resolution be transmitted to 
     the president of the United States, the secretary of the 
     United States Senate, the clerk of the United States House of 
     Representatives, each member of the Louisiana delegation to 
     the United States Congress, and the presiding officer of each 
     house of each state legislature in the United States.
                                  ____

       POM-497. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Virginia relative to oral 
     anti-cancer drugs; to the Committee on Finance.

                        Senate Resolution No. 21

       Whereas, cancer is a leading cause of morbidity and 
     mortality in the Commonwealth and throughout the nation; and
       Whereas, cancer is disproportionately a disease of the 
     elderly, with more than half of all cancer diagnoses 
     occurring in persons age 65 or older, persons who are often 
     dependent on the federal Medicare program for provision of 
     cancer care; and
       Whereas, treatment with anti-cancer drugs is the 
     cornerstone of modem cancer care, and elderly cancer patients 
     must have access to potentially life-extending drug therapy; 
     and
       Whereas, the Medicare program's coverage of anti-cancer 
     drugs is limited to injectable drugs or oral drugs that have 
     an injectable version; and
       Whereas, the nation's investment in biomedical research has 
     begun to bear fruit with a compelling array of new oral anti-
     cancer drugs that are less toxic, more effective, and more 
     cost-effective than existing therapies, but, because these 
     drugs do not have an injectable equivalent, they are not 
     covered by Medicare; and
       Whereas, the lack of coverage for these important new 
     products leaves many Medicare beneficiaries confronting the 
     choice of either substantial out-of-pocket personal cost or 
     selection of more toxic and less effective treatments that 
     are covered by Medicare; and
       Whereas, Medicare's failure to cover oral anti-cancer drugs 
     leaves at risk many beneficiaries suffering from blood-
     related cancers such as leukemia, lymphoma, and myeloma, as 
     well as cancers of the breast, lung, and prostate; and
       Whereas, certain members of the Congress of the United 
     States have recognized the necessity of Medicare coverage for 
     all oral anti-cancer drugs and have introduced legislation in 
     the 107th Congress to achieve that result (H.R. 1624 and S. 
     913); Now, therefore, be it
       Resolved by the Senate, That the Congress of the United 
     States be hereby urged to adopt, legislation that requires 
     the Medicare program to cover all oral anti-cancer drugs; 
     and, be it
       Resolved Further, That the, Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     the Secretary of Health and Human Services, the Administrator 
     of the Centers for Medicare and Medicaid Services, and the 
     members of the Congressional delegation of Virginia so that 
     they may be apprised of the sense of the Senate of Virginia.
                                  ____

       POM-498. A resolution adopted by the Senate of the 
     Legislature of the State of Illinois relative to Lithuania; 
     to the Committee on Foreign Relations.

                       Senate Resolution No. 447

       Whereas, the Members of the Senate of the State of Illinois 
     recognize and honor the 751st year of Lithuania's statehood, 
     and the 86th year of Lithuania's independence as a democracy 
     which was established on February 16, 1918, in Lithuania's 
     historic capital, Vilnius; and
       Whereas, Lithuania has made significant progress in 
     developing a stable democracy and free market economy during 
     the 14 years since i t overthrew, through a peaceful 
     democratic movement, an illegal foreign occupation by the 
     former Soviet Union; and
       Whereas, the United States never recognized the forced 
     incorporation and illegal annexation of Lithuania by the 
     former Soviet Union in June, 1940, and continued to maintain 
     diplomatic relations with the legal representatives of 
     independent Lithuania; and
       Whereas, Lithuania has received invitations and is expected 
     to join the North Atlantic Treaty Organization (NATO), a 
     defensive alliance of Western democracies, in May of 2004, as 
     well as the European Union, a common market of Western 
     democracies; and
       Whereas, Lithuanian military units are serving together 
     with American troops in Afghanistan and Iraq as allies in the 
     war on global terrorism; and in Bosnia and Kosovo in 
     peacekeeping missions; and
       Whereas, the government and parliament of the Russian 
     Federation have consistently opposed Lithuania's re-
     integration with Western democracies and encumbered 
     Lithuanian-Russian relations by refusing to ratify border 
     treaties, demanding visa-free travel through Lithuania's 
     territory for both civilian and military traffic, undermining 
     Lithuania's full participation in NATO by opposing the basing 
     of NATO troops and equipment on Lithuania's territory, for a 
     very considerable time denying Lithuania's Mazeikiu Nafta oil 
     refinery a reliable supply of crude oil, and imposing double 
     tariffs on Lithuanian imports; and
       Whereas, The partially-privatized Russian oil company, 
     LUKoil, and the Russian government refuse to open their oil 
     drilling site in the Baltic Sea 22 km off the coast of 
     Lithuania, known as ``D-6'', to international inspection, and 
     refuse to cooperate with the Lithuanian government in 
     developing an effective plan to minimize the effects of the 
     United States military personnel as part of a broader NATO 
     commitment; we urge Russia to adopt a more cooperative policy 
     towards Lithuania and its ally, the United States: Therefore, 
     be it
       Resolved, by the Senate of the Ninety-Third General 
     Assembly of the State of Illinois, That we urge the 
     government of the Russian Federation and the Russian oil 
     company LUKoil to open up its drilling site in the Baltic 
     Sea, known as D-6, off the coast of Lithuania for inspection 
     by international organizations and Lithuanian authorities, 
     and to develop a comprehensive plan with Lithuania and other 
     concerned states to deal with any environmental pollution 
     caused by the oil drilling and production at the site; and be 
     it further
       Resolved, That we urge government officials, the judiciary, 
     and the media in Lithuania to address the current political 
     crisis surrounding the office of the President in Lithuania 
     in a forthright and transparent manner that will serve to 
     strengthen democratic institutions and the rule of law in 
     Lithuania; and be it further
       Resolved, That suitable copies of this resolution be 
     presented to President George W. Bush, each member of the 
     Illinois congressional delegation, the embassies of Lithuania 
     and the Russian Federation, and to the national office of the 
     Lithuanian-American Community, Inc.
                                  ____

        POM-499. A concurrent resolution adopted by the General 
     Assembly of the State of Ohio relative to Taiwan's 
     participation in the World Health Organization; to the 
     Committee on Foreign Relations.

             Substitute Senate Concurrent Resolution No. 24

       Whereas, Taiwan and the United States enjoy one of the most 
     important economic and strategic international relationships 
     where together, Taiwan and the United States promote a shared 
     faith in and respect for freedom, democracy, and market 
     principles; and
       Whereas, for the past half-century, Taiwan and the United 
     States have worked hand-in-hand to preserve peace and 
     stability within the Pacific Rim and to help improve the 
     lives of their citizens and people around the world; and .
       Whereas, trade between Taiwan and the United States has 
     increased steadily in the past 40 years, with the United 
     States being Taiwan's second-largest source of imports and 
     Taiwan being the eighth-largest exporter to the United 
     States; and
       Whereas, Taiwan is the tenth-largest United States export 
     market, buying more United States merchandise than Brazil, 
     Belgium, Australia, or Italy and ranks as one of the top 
     three destinations for United States peaches, plums, celery, 
     apples, cherries, broccoli, corn, feed grains, and bovine 
     hides; and

[[Page 17070]]

       Whereas, the economic and trade partnership between Taiwan 
     and the United States is reflected not only in a large volume 
     of two-way trade, but also in the high level of United States 
     investment in Taiwan and increasingly in Taiwan's investment 
     in the United States; and
       Whereas, the United States Centers for Disease Control and 
     Prevention and its Taiwan counterpart have enjoyed close 
     collaboration on a wide range of public health issues; and
       Whereas, in recent years, the Republic of China has 
     expressed a willingness to assist, financially and 
     technically, international aid and health activities 
     supported by the World Health Organization; and
       Whereas, Taiwan's participation in the World Health 
     Organization could bring many benefits to the state of health 
     in Taiwan and also regionally and globally; and
       Whereas, the World Health Organization Constitution states 
     that the enjoyment of the highest attainable standard of 
     health is one of the fundamental rights of every human being 
     without distinction of race, religion, political belief, and 
     economic or social condition; and
       Whereas, Falun Gong is an ancient Chinese mind and body 
     practice followed by as many as 100 million people in the 
     People's Republic of China and is a peaceful, spiritual 
     discipline that people use to improve their health and to 
     bring about positive changes in their lives; and
       Whereas, in July, 1999, then-President of the People's 
     Republic of China Jiang Zemin, who was fearful of anything 
     other than the Communist Party of China touching the hearts 
     and minds of the Chinese people, banned the practice of Falun 
     Gong. Since then, the Chinese government has conducted a 
     propaganda campaign against Falun Gong and has persecuted, 
     imprisoned, and tortured its practitioners; and
       Whereas, Dr. Charles Lee, a Falun Gong practitioner and 
     United States citizen, was arrested on his arrival in the 
     People's Republic of China on January 22, 2003, while 
     attempting to visit his family and has been imprisoned ever 
     since; and
       Whereas, Christians and members of other religious groups 
     have also been persecuted in the People's Republic of China: 
     Now therefore be it
       Resolved, That the General Assembly of the State of Ohio 
     supports Taiwan's participation in the World Health 
     Organization; and be it further
       Resolved, That we, the members of the 125th General 
     Assembly of the State of Ohio, strongly deplore the 
     persecution of Falun Gong practitioners, Christians, and 
     members of other religious groups in the People's Republic of 
     China and the imprisonment of Dr. Charles Lee, implore the 
     government of the People's Republic of China to immediately 
     release Dr. Lee and restore to Falun Gong practitioners, 
     Christians, and members of other religious groups full 
     freedom of religious and spiritual expression, and 
     memorialize the President of the United States and the 
     Secretary of the United States Department of State to take 
     all necessary diplomatic actions to secure the release of Dr. 
     Lee and encourage the restoration of religious freedom for 
     Falun Gong practitioners, Christians, and members of other 
     religious groups in the People's Republic of China; and be it 
     further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, to the members of the Ohio Congressional 
     delegation, to the Speaker and the Clerk of the United States 
     House of Representatives for distribution to the members of 
     the United States House of Representatives, to the President 
     Pro Tempore and the Secretary of the United States Senate for 
     distribution to the members of the United States Senate, to 
     the United States Secretary of State, to the Ambassador of 
     the United States to the People's Republic of China, to the 
     Ambassador of the People's Republic of China to the United 
     States, to the Taipei Economic and Cultural Office in 
     Chicago, Illinois, to the World Health Organization, and to 
     the news media of Ohio.
                                  ____

       POM-500. A joint resolution adopted by the Sixth Olbiil Era 
     Kelulau (Palau National Congress) of the Republic of Palau 
     relative to Ambassador Fred Monroe Zeder II; to the Committee 
     on Foreign Relations.
                                  ____

       POM-501. A concurrent resolution adopted by the House of 
     Representatives of the General Assembly of the State of 
     Delaware relative to trade relations with Taiwan; to the 
     Committee on Foreign Relations.

                   House Concurrent Resolution No. 46

       Whereas, the United States and the Republic of China on 
     Taiwan, commonly known as Taiwan, maintain an important trade 
     relationship; and
       Whereas, despite the fact that Taiwan only recently became 
     a member of the World Trade Organization and that it has no 
     formal trade agreement with the United States, Taiwan is the 
     fourteenth largest trading nation in the world, the United 
     States' eighth largest trading partner, and as a center for 
     international trade it is vital to the economic prosperity of 
     this State and of the United States; and
       Whereas, American businesses and workers have benefited 
     greatly from this dynamic trade relationship, most recently 
     in the computer and electronics sector; and
       Whereas, as a center for international trade Taiwan is a 
     gateway to other Pacific Rim markets for United States 
     exports, helping to preserve peace and stability within the 
     entire region; and
       Whereas, United States agricultural producers have been 
     particularly under represented in the list of United States 
     exports to the region, despite the importance of the market 
     for growers of corn, wheat, and soybeans; and
       Whereas, Taiwan has clearly emerged as one of the United 
     States' most important allies in Asia and throughout the 
     world; and
       Whereas, the State of Delaware and Taiwan have established 
     a sister-state relationship symbolizing the close friendship 
     between the people of Delaware and the people of Taiwan; and
       Whereas, this State seeks to encourage and expand mutually 
     beneficial commercial relationships with Taiwan; and
       Whereas, Taiwan's 23,000,000 people are not represented in 
     the United Nations; and
       Whereas, Taiwan has in recent years repeatedly expressed 
     its strong desire to participate in the United Nations and 
     has much to contribute to the work and funding of the United 
     Nations; and
       Whereas, Taiwan's participation in the United Nations will 
     help maintain peace and stability in Asia and the Pacific; 
     and
       Whereas, the United States should promote the values of 
     freedom, democracy, and a commitment to open markets and the 
     free exchange of both goods and ideas at home and abroad; and
       Whereas, Taiwan shares these values with the United States 
     and has struggled throughout the past 50 years to create what 
     is today an open, thriving, and modern democracy that 
     routinely holds free and fair elections and has dramatically 
     improved its record on human rights; and
       Whereas, Taiwan has forged an open, market-based economy 
     and a thriving democracy based on free elections and the 
     freedom of dissent; and
       Whereas, it is in the interest of the United States to 
     encourage the development of both these institutions; and
       Whereas, the United States must continue to support the 
     growth of democracy and ongoing market opening in Taiwan if 
     this relationship is to evolve and reflect the changing 
     nature of the global system in the 21st Century; and
       Whereas, the United States needs to support partner 
     countries that are lowering trade barriers; and
       Whereas, a free trade agreement would not only help 
     Taiwan's economy dramatically expand its already growing 
     entrepreneurial class, but it would also serve an important 
     political function; and
       Whereas, in the interest of supporting, preserving, and 
     protecting the democratic fabric of the government of Taiwan, 
     it has been made clear that the United States supports the 
     withdrawal of missiles deployed as a threat against Taiwan by 
     the People's Republic of China; and
       Whereas, the United States has an obligation to its allies 
     and to its own citizens to encourage economic growth, market 
     opening, and the destruction of trade barriers as a means of 
     raising living standards across the board; and
       Whereas, a free trade agreement with Taiwan would be a 
     positive step toward accomplishing all of these goals;
       Whereas, direct and unobstructed participation in 
     international health cooperation forums and programs is 
     crucial for all parts of the world, especially with today's 
     greater potential for cross-border spread of various 
     infectious diseases; and
       Whereas, Taiwan's achievements in the field of health are 
     substantial, including one of the highest life expectancy 
     levels in Asia, maternal and infant mortality rates 
     comparable to those of western countries, the eradication of 
     the infectious diseases of cholera, smallpox, and the plague, 
     and being the first Asian nation to eradicate polio and the 
     first country in the world to provide children with free 
     hepatitis B vaccinations; and
       Whereas, the United States Centers for Disease Control and 
     Prevention and its Taiwanese counterpart have enjoyed close 
     collaboration on a wide range of public health issues; and
       Whereas, in recent years Taiwan has expressed a willingness 
     to financially and technically assist the international aid 
     and health activities supported by the World Health 
     Organization; and
       Whereas, Taiwan's population of 23 million people is larger 
     than that of 75% of the World Health Organization member 
     states; and
       Whereas, the United States, in the 1994 Taiwan Policy 
     Review, declared its intention to support Taiwan's 
     participation in appropriate international organizations; and
       Whereas, Taiwan's participation in the activities of the 
     World Health Organization could bring many benefits to the 
     state of health not only in Taiwan but also regionally and 
     globally: Now therefore be it
       Resolved by the House of Representatives of the 142nd 
     General Assembly of the State of Delaware, the Senate thereof 
     concurring therein, That the Congress and the President of

[[Page 17071]]

     the United States are respectfully requested and urged to 
     strengthen trade relations with the Republic of China on 
     Taiwan (Taiwan) and to support the participation of Taiwan in 
     the United Nations; and be it further
       Resolved, That the General Assembly strongly urges the 
     pursuit of a policy that includes an initiative directed at 
     the World Trade Organization to give Taiwan appropriate and 
     meaningful participation in the activities of the World Trade 
     Organization in a manner that is consistent with the 
     organization's requirements; and be it further
       Resolved, That the Congress and the President of the United 
     States are respectfully requested and urged to support a free 
     trade agreement between the United States and Taiwan; and be 
     it further
       Resolved, That suitably prepared and authenticated copies 
     of this Resolution be sent to: The President of the United 
     States, The United States Secretary of State, The Secretary 
     of Health, Education, and Welfare, The Speaker of the United 
     States House of Representatives, The President of the United 
     States Senate, The Government of Taiwan, The Representative 
     of the Taipei Economic and Cultural Office in Washington, D. 
     C., The World Trade Organization, The United States Trade 
     Representative, The Secretary-General of the United Nations, 
     and The members of Delaware's Congressional delegation.
                                  ____

       POM-502. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to Amyotrophic Lateral Sclerosis 
     Awareness Month in Pennsylvania; to the Committee on Health, 
     Education, Labor, and Pensions.

                        House Resolution No. 718

       Whereas, Amyotrophic Lateral Sclerosis (ALS) is better 
     known as Lou Gehrig's disease; and
       Whereas, ALS is a fatal neurodegenerative disease 
     characterized by degeneration of cell bodies of the lower 
     motor neurons in the gray matter of the anterior horns of the 
     spinal cord; and
       Whereas, the initial symptom of ALS is weakness of the 
     skeletal muscles, especially those of the extremities; and
       Whereas, as ALS progresses, the patient experiences 
     difficulty in swallowing, talking and breathing; and
       Whereas, ALS eventually causes muscles to atrophy, and the 
     patient becomes a functional quadriplegic; and
       Whereas, ALS does not affect a patient's mental capacity, 
     so a patient remains alert and aware of the loss of motor 
     functions and the inevitable outcome of continued 
     deterioration and death; and
       Whereas, ALS occurs in adulthood, most commonly between the 
     ages of 40 and 70, with the peak age about 55, and affects 
     men two to three times more often than women; and
       Whereas, more than 5,000 new ALS patients are diagnosed 
     annually; and
       Whereas, on average, patients diagnosed with ALS survive 
     two to five years from the time of diagnosis; and
       Whereas, ALS has no known cause, prevention or cure; and
       Whereas, ``Amyotrophic Lateral Sclerosis (ALS) Awareness 
     Month'' will increase public awareness of ALS patients' 
     circumstances, acknowledge the terrible impact this disease 
     has on patients and families and recognize the research for 
     treatment and cure. of ALS; Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania recognize the month of may 2004 
     as ``Amyotrophic Lateral Sclerosis (ALS) Awareness Month'' in 
     Pennsylvania; and be it further
       Resolved, That the House of Representatives urge the 
     President and Congress of the United States to enact 
     legislation to provide additional funding for ALS research; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the Vice President of 
     the United States, to the Speaker of the House of 
     Representatives, to the members of Congress from Pennsylvania 
     and to the United States Secretary of Health and Human 
     Services.
                                  ____

       POM-503. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the approval process necessary for foreign 
     teachers to teach in the state's French immersion program; to 
     the Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 23

       Whereas, the French immersion program is the state's best 
     hope for preserving the historic linguistic and cultural 
     origins represented by the French language in Louisiana; and
       Whereas, the French immersion program can improve critical 
     and creative thinking skills, encourage independent and self-
     disciplined learning, enhance skills in listening and 
     concentration, boost self-esteem, create a lifelong ability 
     to communicate with French speakers around the globe, and 
     increase opportunity for future employment, and beyond the 
     acquisition of a second language, French immersion achieves 
     the goals of cultural appreciation, respect, and mutual 
     understanding; and
       Whereas, the recruitment of teachers in the French 
     immersion program is becoming increasingly challenging, and 
     the number of existing teachers is dwindling at an alarming 
     rate as well; and
       Whereas, the looming teacher shortage is a constant concern 
     for the French immersion program, and the recruitment and 
     retainment of an adequate number of qualified French teachers 
     is the key to the continuation of the French immersion 
     program in Louisiana; and
       Whereas, the number of foreign teachers available to teach 
     in the French immersion program in Louisiana is being 
     diminished by immigration regulations and complications; and
       Whereas, it is urgent that congress devote immediate 
     attention to expediting the approval process required for 
     foreign teachers to gain whatever eligibility is necessary so 
     that the French immersion program will be suitably staffed to 
     meet the needs of the student population and ultimately 
     because the program must have such teachers if it is to 
     survive; and
       Whereas, French immersion reflects Louisiana's heritage and 
     benefits every student who takes part in the program, and no 
     child who desires participation should be denied the 
     satisfaction and pride derived from becoming bilingual in the 
     French language due to the emerging shortage of foreign 
     French teachers: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take appropriate 
     action to expedite the approval process necessary for foreign 
     teachers to teach in the state's French immersion program; be 
     it further
       Resolved, That a suitable copy of this Resolution be 
     transmitted to the speaker of the United States House of 
     Representatives, the president of the United States Senate, 
     and to each member of Louisiana's congressional delegation.
                                  ____

       POM-504. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the No Child Left Behind Act of 2001; to the 
     Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 20

       Whereas, the No Child Left Behind Act of 2001 (NCLB) 
     requires all schools in the nation to meet high academic 
     standards; and
       Whereas, the state of Louisiana has worked diligently to 
     meet the requirements of NCLB, creating a school 
     accountability program that has been ranked the best in the 
     nation; and
       Whereas, the state's school accountability program is being 
     implemented by city, parish, and other local school systems 
     at considerable cost; and
       Whereas, the burden of meeting new standards is falling on 
     teachers and school employees; and
       Whereas, city, parish, and other local school systems and 
     their faculty and staff need and deserve adequate resources 
     to accomplish the goals of NCLB; and
       Whereas, the proposed federal budget for Fiscal Year 2005 
     shortchanges the promised funding for NCLB's Title I program 
     by approximately six billion seven hundred million four 
     hundred thousand dollars less than initially promised by 
     NCLB; and
       Whereas, it is unreasonable to expect the state of 
     Louisiana and city, parish, and other local school systems to 
     meet federally imposed standards without federal 
     appropriation of adequate funds to meet such standards: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to support an 
     amendment to the proposed federal budget for Fiscal Year 2005 
     to fully fund the No Child Left Behind Act of 2001; be it 
     further
       Resolved, That suitable copies of this Resolution be 
     transmitted to the speaker of the United States House of 
     Representatives, the president of the United States Senate, 
     and each member of Louisiana's congressional delegation.
                                  ____

       POM-505. A resolution adopted by the City of Parma Heights 
     of the State of Ohio relative to the Breast Cancer Patient 
     Protection Act of 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
                                  ____

       POM--506. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to funding for the Division of 
     Diabetes Translation (DDT); to the Committee on Health, 
     Education, Labor, and Pensions.

                        House Resolution No. 764

       Whereas, there are 18.2 million people or 6.30 of the 
     population living with diabetes; and
       Whereas, each year 13 million people are diagnosed with 
     diabetes, while 5.2 million cases go undiagnosed; and
       Whereas, each year there are 1.3 million newly diagnosed 
     cases of diabetes among people 20 years of age and older; and
       Whereas, diabetes is the sixth leading cause of death in 
     the United States, contributing to 213,062 deaths; and
       Whereas, approximately one in every 400 to 500 children and 
     adolescents has type 1 diabetes; and

[[Page 17072]]

       Whereas, twelve percent of adults with diabetes take both 
     insulin and oral medications, 19% take insulin only, 53% take 
     oral medications only, and 156 do not take insulin or oral 
     medications; and
       Whereas, in the United States diabetes costs an estimated 
     $132 billion or one out of every ten health care dollars; and
       Whereas, DDT, a component of the National Center for 
     Chronic Disease Prevention and Health Promotion of the 
     Centers for Disease Control and Prevention and the United 
     States Department of Health and Human Services, implements 
     transitional programs which have shown to be effective; and
       Whereas, DDT takes information from clinical trials and 
     incorporates the findings into clinical and public health 
     practices; and
       Whereas, according to the DDT mission, more needs to be 
     done to eliminate the preventable burden of diabetes through 
     leadership, research, programs and policies that translate 
     science into practice; and
       Whereas, for fiscal year 2004, the funding for the DDT is 
     $66.9 million: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress to 
     increase funding for the DDT to help in the fight against a 
     deadly disease which affects 6.30 of the population; 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-507. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to the federal drug approval process for the 
     consideration of medical uses for marijuana; to the Committee 
     on Health, Education, Labor, and Pensions.

                        House Resolution No. 226

       Whereas, the Michigan Legislature supports the goal of safe 
     and drug-free communities; and
       Whereas, substantial scientific evidence shows that smoked 
     marijuana is harmful and offers no medical benefit to 
     suffering patients; and
       Whereas, the Michigan Legislature strongly denounces any 
     attempt to exploit the suffering of sick people by deceptive 
     media campaigns; and
       Whereas, medical policy should be set for the state of 
     Michigan by Michigan lawmakers working in conjunction with 
     federal and state officials and not by judges, celebrity 
     spokespeople, or public relations efforts; and
       Whereas, the National Cancer Institute has found that 
     inhaling marijuana smoke for any purpose is a health hazard, 
     because it contains over 400 potential carcinogens and 
     delivers up to five times the amount of tar and carbon 
     monoxide to the body as cigarette tobacco; and
       Whereas, studies by the National Institute of Allergy and 
     Infectious Diseases reveal that HIV-positive marijuana 
     smokers progress to full-blown AIDS twice as quickly as 
     nonsmokers and have an increased incidence of bacterial 
     pneumonia; and
       Whereas, there are safe and effective medicines, including 
     chemical derivatives of the beneficial components of 
     marijuana, that can help control and lessen symptoms of 
     persistent nausea; vomiting, wasting syndrome, or loss of 
     appetite from AIDS, chemotherapy, or radiation treatment, as 
     well as medications available, for multiple sclerosis, 
     glaucoma, and other medical conditions; and
       Whereas, statistics on drug use document that when teen 
     perception of risk decreases, due to mixed messages sent by 
     adults, teen use of marijuana increases; and
       Whereas, marijuana is a gateway drug, as illustrated by the 
     National Center on Addiction and Substance Abuse at Columbia 
     University, which found that teenagers who smoke marijuana 
     are 85 times more likely to use cocaine than those who do 
     not; and
       Whereas, the following medical organizations are opposed to 
     making smoked marijuana available for medical use: American 
     Medical Association; National Multiple Sclerosis Association; 
     National Caner Institute; National Institute for Allergy and 
     Infections Diseases; American Cancer Society; National Eye 
     Institute; National Institute on Dental Research; National 
     Institute for Neurological Disorders and Stroke: Now, 
     therefore, be it
       Resolved by the House of Representatives, That we express 
     our opposition to any efforts to circumvent the federal drug 
     approval process for the consideration of medical uses for 
     marijuana; and be it further
       Resolved, That we encourage the scientific community to 
     continue its efforts to discover and test safe and effective 
     medicines for people who are seriously ill, including 
     potential medicines containing synthesized components 
     marijuana, including Marinol and Sativex; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-508. A resolution adopted by the House of Delegates of 
     the General Assembly of the Commonwealth of Virginia relative 
     to a Constitutional Amendment to prohibit federal courts from 
     ordering or instructing any state or local unit of government 
     to levy or increase taxes; to the Committee on the Judiciary.

                         House Resolution No. 4

       Whereas, on April, 18, 1990, by a narrow vote of 5 to 4, 
     the Supreme Court of the United States, in the case of 
     Missouri v. Jenkins (495 U.S. 33), chose to ignore Article I, 
     Section 8, of the Constitution of the United States, which 
     reserves exclusively to the legislative branch of government 
     the authority to tax the citizenry; and
       Whereas, this ruling has set a disastrous example of 
     allowing federal judges to order or instruct a state, or a 
     political subdivision thereof, or an official of a state or 
     political subdivision, to levy or increase taxes--overturning 
     more than 200 years of judicial non-intrusion into the 
     political thicket of prescribing the level of taxation to be 
     foisted upon Americans; and
       Whereas, in blistering dissenting remarks, Associate 
     Justice Anthony Kennedy joined by Chief Justice William 
     Rehnquist and Associate Justices Sandra Day O'Connor and 
     Antonin Scalia pointed out that the Missouri v. Jenkins 
     decision transgresses the basic principles which define the 
     role of judges by endorsing ``. . . an expansion of power in 
     the Federal Judiciary beyond all precedent. Today's casual 
     embrace of taxation imposed by the unelected, life-tenured 
     Federal Judiciary disregards fundamental precepts for the 
     democratic control of public institutions''; and
       Whereas, Thomas Jefferson, that great native son of 
     Virginia, forewarned of the threat that out-of-control 
     federal courts would pose when he proclaimed, in an 1820 
     letter to Thomas Ritchie, that ``A judiciary independent . . 
     . of the will of the nation is a solecism . . .,'' and in 
     colorful language he went on to describe the judicial branch 
     as ``. . . a subtle corps of sappers and miners constantly 
     working underground to undermine the foundations of our 
     confederated fabric. They are construing our constitution 
     from a co-ordination of a general and special government to a 
     general and supreme one alone. This will lay all things at 
     their feet . . .,'' and in an 1821 letter to Judge Spencer 
     Roane, Jefferson pointedly asserted that ``The great object 
     of my fear is the Federal Judiciary. That body, like gravity, 
     ever acting with noiseless foot and unalarming advance, 
     gaining ground step by step and holding what it gains, is 
     engulfing insidiously the special governments into the jaws 
     of that which feeds them''; and
       Whereas, in The Federalist No. 78, Alexander Hamilton 
     cautioned that ``The courts must declare the sense of the 
     law; and if they should be disposed to exercise will instead 
     of judgment, the consequence would equally be the 
     substitution of their pleasure to that of the legislative 
     body''; and
       Whereas, the prevailing line of reasoning among those of us 
     in the ``Old Dominion'' on the subject of taxation--without 
     representation--finds situs as early as December 18, 1764, 
     when what was then called Virginia's House of Burgesses 
     remonstrated to the British House of Commons that ``. . . it 
     is essential to . . . liberty that . . . imposing taxes on 
     the people ought not to be made without the consent of 
     representatives chosen by themselves; who, at the same time 
     that they are acquainted with the circumstances of their 
     constituents, sustain a proportion of the burden laid on 
     them''; and
       Whereas, in his 1748 epic work, The Spirit of the Laws, the 
     renowned political analyst Charles de Secondat Baron de 
     Montesquieu prophesied that ``. . . there is no liberty, if 
     the power of judging be not separated from the legislative 
     and executive powers. Were it joined with the legislative, 
     the life and liberty of the subject would be exposed to 
     arbitrary control; for the judge would be then the 
     legislator''; and
       Whereas, James Madison, that noble Virginian--and later 
     fourth President of the United States--opined in The 
     Federalist No. 47 that ``. . . the preservation of liberty 
     requires that the three great departments of powers 
     [executive, judicial and legislative] should be separate and 
     distinct''; and
       Whereas, lawmakers in the 24 states of Alabama, Alaska, 
     Arizona, Colorado, Delaware, Illinois, Kansas, Louisiana, 
     Massachusetts, Michigan, Missouri, Nevada, New Hampshire, New 
     York, North Dakota, Oklahoma, Pennsylvania, South Carolina, 
     South Dakota, Tennessee, Texas, Utah, West Virginia and 
     Wyoming, as well as in the two United States territories. of 
     Guam and the Commonwealth of the Northern Mariana Islands, 
     have petitioned the Congress of the United States to propose 
     for ratification an amendment to the Constitution of the 
     United States to reverse the calamitous and ill-conceived 
     1990 holding in Missouri v. Jenkins; and
       Whereas, Alexander Hamilton, in The Federalist No. 85, 
     predicted that there indeed would be times when Americans 
     would come to ``. . . rely on the disposition of the state 
     legislatures to erect barriers against the encroachments of 
     the national authority'': Now, therefore, be it
       Resolved by the House of Delegates, That the Congress of 
     the United States be urged to propose for ratification an 
     amendment to,

[[Page 17073]]

     the Constitution of the United States to prohibit federal 
     courts from ordering or instructing any state or local unit 
     of government to levy or increase taxes, the amendment to 
     read as follows:
       ``Amendment XXVIII
       ``Section 1. Neither the Supreme Court nor any inferior 
     court of the United States--nor the court of any state, or 
     political subdivision thereof, in its application of this 
     Constitution or in its application of any law enacted by the 
     Congress--shall have the power to instruct or order a state 
     or political subdivision, or an official of such state or 
     political subdivision, to levy or increase taxes.
       ``Section 2. For purposes of this Amendment, the word 
     `state' shall be understood to additionally include the 
     District constituting the Seat of government of the United 
     States, as well as any commonwealth, territory, or possession 
     of the United States.''; and, be it
       Resolved further, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation so that they may be apprised of the 
     sense of the House of Delegates of Virginia in this matter.
                                  ____

       POM-509. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to public 
     expressions of religious faith within the state of Louisiana; 
     to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 29

       Whereas, the Declaration of Independence declared that 
     governments are instituted to secure certain unalienable 
     rights, including life, liberty, and the pursuit of 
     happiness, with which all human beings are endowed by their 
     Creator and to which they are entitled by the laws of nature 
     and of nature's God; and
       Whereas, the Tenth Amendment to the United States 
     Constitution clearly recognizes that a state retains all 
     rights not specifically delegated by the constitution to the 
     federal government of the United States of America; and
       Whereas, Article III, Section 2, of the United States 
     Constitution grants the Congress the authority to except 
     certain matters from the jurisdiction of the federal courts 
     inferior to the United States Supreme Court; and
       Whereas, over the last several decades, the federal courts 
     have claimed legal jurisdiction in matters pertaining to 
     religion within an individual state; and
       Whereas, disputes and doubts have arisen with respect to 
     public displays of the Ten Commandments and to other public 
     expressions of religious faith; and
       Whereas, legislation has been introduced in Congress to 
     except subject matter jurisdiction from the federal courts in 
     certain matters pertaining to the power to make a public 
     expression of religious faith. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to continue to preserve 
     Louisiana's sovereignty related to public expressions of 
     religious faith within the state of Louisiana; be it further
       Resolved, That the Legislature of Louisiana memorialize the 
     Congress of the United States to pass legislation declaring 
     that the power: (i) to display the Ten Commandments, (ii) to 
     recite the Pledge of Allegiance, and (iii) to recite the 
     national motto on or within property owned or administered by 
     the several states or political subdivisions thereof be among 
     the powers reserved to the states respectively; that the 
     words to the Pledge of Allegiance are ``I pledge allegiance 
     to the Flag of the United States of America, and to the 
     Republic for which it stands, one Nation under God, 
     indivisible, with Liberty and Justice for all.''; that the 
     words to the national motto are ``In God We Trust''; and that 
     the subject matter of these declarations be exceptions to the 
     subject matter jurisdiction of federal courts inferior to the 
     United States Supreme Court; be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate, the 
     clerk of the United States House of Representatives, and to 
     each member of the Louisiana delegation of the United States 
     Congress.
                                  ____

       POM-510. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to a constitutional 
     amendment regarding marriage; to the Committee on the 
     Judiciary.
       Whereas, marriage is a unique cornerstone of the family, 
     which is the foundation of human society; and
       Whereas, only marriage between one man and one woman has 
     been permitted or recognized historically throughout the 
     United States; and
       Whereas, history has shown marriage between a man and a 
     woman to be the best context for the reproduction of the 
     human race and for raising children to be responsible adults; 
     and
       Whereas, marriage provides lower risk of infant mortality, 
     better physical health for the children and has numerous 
     health benefits for the father and mother; and
       Whereas, religious and civil laws have granted marriage 
     special recognition, benefits, responsibilities and legal 
     protections since at least the beginning of recorded history; 
     and
       Whereas, the Commonwealth accords marriage more 
     responsibilities and legal protections than other 
     partnerships of unrelated individuals; and
       Whereas, the Full Faith and Credit Clause in the United 
     States Constitution provides that states must recognize the 
     laws and judicial acts of every other state in the Union; and
       Whereas, in 1996 Congress enacted the Defense of Marriage 
     Act to exempt states from being required to afford full faith 
     and credit to laws recognizing marriages between persons of 
     the same sex; and
       Whereas, in light of the Full Faith and Credit Clause of 
     the United States Constitution, there is significant risk 
     that the federal courts may hold the 1996 federal Defense of 
     Marriage Act unconstitutional; and
       Whereas, 37 states, including the Commonwealth, have 
     enacted laws, commonly known as Defense of Marriage Acts, 
     that ban same-sex marriages; and
       Whereas, the unique legal status of marriage in the 
     Commonwealth is in danger from constitutional challenges to 
     these state marriage laws and the federal Defense of Marriage 
     Act, which may succeed in light of the recent decisions on 
     equal protection from the United States Supreme Court; and
       Whereas, challenges to state laws have been successfully 
     brought in Hawaii, Alaska, Vermont, and most recently in 
     Massachusetts on the grounds.that the legislature does not 
     have the right to deny the benefits of marriage to same-sex 
     couples and the state must guarantee the same protections and 
     benefits to same-sex couples as it does to opposite-sex 
     couples absent a constitutional amendment; and
       Whereas, the Vermont legislature chose to preserve marriage 
     as the ``legally recognized union of one man and one woman,'' 
     but at the same time enacted a dual system of ``civil 
     unions'' for same-sex couples that goes beyond existing 
     ``domestic partnership'' and ``reciprocal beneficiaries'' 
     laws that exist in California and Hawaii and in many 
     localities in the United States today; and
       Whereas, the Massachusetts ruling, by declaring that civil 
     marriage means ``the voluntary union of two persons as 
     spouses to the exclusions of all others,'' represents the 
     most far-reaching decision in its erosion of the states' 
     right to define marriage; and
       Whereas, the Massachusetts court has given the 
     Massachusetts legislature 180 days to comply with the court's 
     ruling, which is not sufficient time for the state to adopt a 
     constitutional amendment to overturn the decision; and
       Whereas, in light of the Massachusetts decision, many 
     states are scrambling to determine what actions are needed to 
     protect their state's Defense of Marriage Act from future 
     court challenges; and
       Whereas, H. J. Res. 56, 108th Cong. and S.J. Res. 26, 108th 
     Cong. proposed an amendment to the Constitution of the United 
     States to declare that ``marriage in the United States shall 
     consist only of the union of a man and a woman''; and
       Whereas, a federal constitutional amendment is the only way 
     to protect the institution of marriage and resolve the 
     controversy created by these recent decisions by returning 
     the issue to its proper forum in the state legislatures: Now, 
     therefore, be it
       Resolved by the House of Delegates, the Senate concurring, 
     That the Congress of the United States be urged to propose a 
     constitutional amendment to protect the fundamental 
     institution of marriage as a union between a man and a woman; 
     and, be it
       Resolved further, That the Congress of the United States be 
     urged to initiate an amendment . . .
                                  ____

       POM-511. A concurrent memorial adopted by the Senate of the 
     Legislature of the State of Arizona relative to a 
     constitutional amendment regarding rights to victims of 
     crime; to the Committee on the Judiciary.

                  Senate Concurrent Memorial No. 1003

       Whereas, criminal defendants are afforded numerous federal 
     rights and procedural protections; and
       Whereas, victims of crime are not afforded any, federal 
     rights or protections; and
       Whereas, the people of this state believe in the individual 
     rights and liberties of all persons and have amended the 
     Constitution of Arizona to provide crime victims with rights 
     and yet it is clear that without federal constitutional 
     rights, crime victims' rights are less meaningful and 
     enforceable.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the Congress of the United States propose to the 
     people an amendment to the Constitution of the United States 
     that provides rights to crime victims and that embodies the 
     following principles:
       (a) The right to be informed of and not excluded from any 
     public proceedings relating to the crime.
       (b) The right to be heard regarding any release from 
     custody.
       (c) The right to consideration for the safety of the 
     victim, the victim's interest in

[[Page 17074]]

     avoiding unreasonable delay and the victim's interest in 
     restitution.
       (d) The right to be heard regarding any negotiated plea or 
     sentence.
       (e) The right to receive notice of release or escape.
       2. That any amendment to the Constitution of the United 
     States to establish rights for crime victims grant standing 
     to victims of crime to assert all rights established by the 
     Constitution.
       3. That any amendment to the Constitution of the United 
     States to establish rights for crime victims should clearly 
     state that the powers of the states to provide victims' 
     rights in criminal proceedings, including the right to define 
     and enforce such rights, shall not be restricted or 
     diminished by the Congress or the federal courts of the 
     United States.
       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-512. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Hawaii 
     relative to veterans' benefits for Filipino veterans; to the 
     Committee on Veterans' Affairs.

                  House Concurrent Resolution No. 250

       Whereas, on February 11, 2003, Representative Neil 
     Abercrombie, along with other members, introduced H.R. 677 in 
     the United States House of Representatives, which bill was 
     referred to the House Committee on Veterans' Affairs; and
       Whereas, the short title of this bill is ``Filipino 
     Veterans Equity Act of 2003''; and
       Whereas, H.R. 677 would deem certain service in the 
     organized military forces of the Government of the 
     Commonwealth of the Philippines and the Philippine Scouts to 
     have been active service for purposes of benefits under 
     programs administered by the Secretary of Veterans Affairs 
     for qualified Filipino veterans; and
       Whereas, H.R. 677, in recognition of the courage and 
     loyalty of the Filipino troops who fought along side our 
     armed forces in the Philippines during World War II, would 
     make health benefits available to more of these. qualified 
     Filipino veterans: Now, therefore, be it
       Resolved by the House of Representatives of the Twenty-
     second Legislature of the State of Hawaii, Regular Session of 
     2004, the Senate concurring, That the President of the United 
     States and the United States Congress are urged to support 
     the passage of H.R. 677; and be it
       Further Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     members of Hawaii's congressional delegation, and the 
     President of the Filipino-American Veterans, Hawaii Chapter.
                                  ____

       POM-513. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to improving benefits for 
     Filipino veterans of World War II; to the Committee on 
     Veterans' Affairs.

                  Senate Concurrent Resolution No. 203

       Whereas, on December 8, 1941, thousands of Filipino men and 
     women responded to President Roosevelt's call for help to 
     preserve peace and democracy in the Philippines; and
       Whereas, during the dark days of World War II, nearly 
     100,000 soldiers of the Philippine Commonwealth Army provided 
     a ray of hope in the Pacific as they fought alongside United 
     States and Allied forces for four long years to defend and 
     reclaim the Philippine Islands from Japanese aggression; and
       Whereas, thousands more Filipinos joined U.S. Armed Forces 
     immediately after the war and served in occupational duty 
     throughout the Pacific Theater; and
       Whereas, valiant Filipino soldiers fought, died, and 
     suffered in some of the bloodiest battles of World War II, 
     defending beleaguered Bataan and Corregidor, and thousands of 
     Filipino prisoners of war endured the infamous Bataan Death 
     March and years of captivity; and
       Whereas, their many guerrilla actions slowed the Japanese 
     takeover of the Western Pacific region and allowed U.S. 
     forces the time to build and prepare for the allied 
     counterattack on Japan; and
       Whereas, Filipino troops fought side-by-side with U.S. 
     forces to secure their island nation as the strategic base 
     from which the final effort to defeat Japan was launched; and
       Whereas, President William J. Clinton proclaimed October 
     20, 1996, as a day honoring the Filipino Veterans of World 
     War II, recalling the courage, sacrifice, and loyalty of 
     Filipino veterans of World War II in defense of democracy and 
     liberty; and
       Whereas, for decades after their heroic service under the 
     command of their leaders and General Douglas MacArthur, these 
     men and women of Filipino-American national heritage were 
     denied the benefits and privileges provided to their American 
     compatriots who fought side-by-side with them; and
       Whereas, the Rescission Act of 1946 withdrew the U.S. 
     veteran's status of Filipino World War II soldiers, thereby 
     denying them the benefits and compensation received by their 
     American counterparts and soldiers of more than sixty-six 
     other U.S. allied countries, who were similarly inducted into 
     the U.S. military; and
       Whereas, the Rescission Act discriminated against 
     Filipinos, making them the only national group singled out 
     for denial of full U.S. veterans status and benefits; and
       Whereas, the passage of S. 68, now pending in the United 
     States Senate, would extend full and equitable benefits, 
     particularly health benefits, to Filipino veterans, 
     considering their advanced age and poor health; and
       Whereas, S. 68 proposes to amend Title 38 of the United 
     States Code, to improve benefits for Filipino veterans of 
     World War II and for the surviving spouses of those veterans; 
     and
       Whereas, S. 68 would increase the rate of payment of 
     compensation benefits to certain Filipino veterans, 
     designated in Title 38 United States Code section 107(b) and 
     referred to as New Philippine Scouts, who reside in the 
     United States and are United States citizens or lawful 
     permanent resident aliens; and
       Whereas, S. 68 would further increase the rate of payment 
     of dependency and indemnity compensation of surviving spouses 
     of certain Filipino veterans; and
       Whereas, S. 68 would further make eligible for full 
     disability pensions certain Filipino veterans who reside in 
     the United States and are United States citizens or lawful 
     permanent resident aliens; and
       Whereas, S. 68 would further mandate the Secretary of 
     Veterans Affairs to provide hospital and nursing home care 
     and medical services for service-connected disabilities for 
     any Filipino World War II veteran who resides in the United 
     States and is a United States citizen or lawful permanent 
     resident alien; and
       Whereas, S. 68 would further require the Secretary of 
     Veterans Affairs to furnish care and services to all Filipino 
     World War II veterans for service-connected disabilities and 
     nonservice-connected disabilities residing in the Republic of 
     the Philippines on an outpatient basis at the Manila VA 
     Outpatient Clinic: Now, therefore, be it
       Resolved by the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2004, the House of 
     Representatives concurring, That the United States Congress 
     is respectfully urged to support the passage of S. 68 to 
     improve benefits for certain Filipino veterans of World War 
     II; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the members of the Hawaii Congressional 
     delegation, and the Secretary of Veterans Affairs.
                                  ____

       POM-514. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to President George W. Bush's 
     plans to reduce veterans' benefits; to the Committee on 
     Veterans' Affairs.

                  Senate Concurrent Resolution No. 126

       Whereas, members of the armed forces faithfully and 
     diligently serve the people of the United States and have 
     fought and died in numerous wars and conflicts around the 
     globe to protect the inalienable rights of life, liberty, and 
     the pursuit of happiness for all Americans; and
       Whereas, numerous individuals devoted the prime of their 
     lives to defend the United States, often putting careers on 
     hold, delaying their college education, and leaving families 
     behind, without hesitation, asking for nothing but respect in 
     return; and
       Whereas, these heroic individuals faced adversity which 
     most citizens will never be able to comprehend, often giving 
     their lives for their fellow citizens; and
       Whereas, a large number of veterans have been severely 
     injured and disabled in the performance of their duties, 
     often resulting in financial hardship; and
       Whereas, citing a tight budget and overwhelming demand for 
     services after opening their medical facilities to all 
     veterans in 1998, the Veterans Affairs Department (VA) began 
     efforts to halt enrolling new veterans into its health care 
     system; and
       Whereas, a memo from the VA in July 2002, stated that 
     marketing veterans health care services at health fairs, open 
     houses, and veterans meetings was inappropriate and banned 
     newspaper ads and mailings encouraging veterans to enroll in 
     the veterans health plan; and
       Whereas, this memo was sent out at a time when 
     approximately 300,000 veterans had been waiting for more than 
     six months for an appointment at a VA medical facility, some 
     waiting as long as two years for services; and
       Whereas, Rep. Ted Strickland (D-OH) filed a lawsuit against 
     the VA stating that the VA has a congressional mandate that 
     requires the VA to perform outreach services and that the 
     VA's failure to publicize information about health care 
     benefits and veterans' services for veterans and their 
     families is a violation of this mandate; and
       Whereas, although Congress is currently considering a bill 
     to allocate funding to the

[[Page 17075]]

     VA in the sum of $28.6 billion for the current fiscal year, 
     this funding level is still not enough to help alleviate many 
     of the medical plights facing our brave American service men 
     and women; and
       Whereas, a number of veterans groups have criticized the 
     President's budget submission for fiscal year 2005 as 
     containing, ``few legislative recommendations to improve, 
     expand, or add new benefits for veterans,'' and that ``along 
     with gross funding deficiencies in practically every VA 
     account, VA construction is to be dramatically and most 
     detrimentally shortchanged as well''; and
       Whereas, these groups have also criticized the Bush 
     administration's shortcomings in proposals with respect to 
     the provision of benefits to veterans such as:
       (1) Developing a mechanism that greatly reduces government 
     obligations to compensate disabled veterans for service-
     incurred disabilities such as alcoholism and drug abuse;
       (2) Asking Congress to enact legislation to deny 
     compensation to a group of disabled veterans who suffer 
     greatly from their service-connected disabilities because 
     these disabilities were obtained during periods of non-combat 
     such as during meal periods;
       (3) Proposing legislation to limit veterans to a one-time 
     home loan guaranty;
       (4) Recommending a cost-of-living adjustment (COLA) for 
     compensation based on a projected 1.3 percent increase in 
     COLA and continuing the practice of rounding down COLA to the 
     nearest whole dollar which, when done for many years in 
     succession, will have a compounding effect in substantially 
     eroding the value of the already modest rates of 
     compensation; and
       (5) Continuing to place restrictions on receiving both 
     military retirement and veterans affairs disability benefits 
     for certain veterans; and
       Whereas, this lack of support for those individuals who 
     sacrificed so much for the freedoms the citizens of the 
     United States all enjoy today is shameful and should be 
     looked at as a disgrace by all citizens: Now, therefore, be 
     it
       Resolved by the Senate of the Twenty-second Legislature of 
     the State of Hawaii, Regular Session of 2004, the House of 
     Representatives concurring, That this body expresses its 
     utmost disappointment in the lack of support the current 
     administration has shown toward veterans of our armed forces; 
     and be it further
       Resolved, That Congress is urged to increase funding for 
     the continuation and expansion of veterans benefits and 
     services; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and Hawaii's Congressional Delegation.
                                  ____

       POM-515. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the realignment of veterans' 
     services; to the Committee on Veterans' Affairs.

                        House Resolution No. 682

       Whereas, there are ten VA medical centers and 29 community-
     based outpatient clinics located in the Commonwealth of 
     Pennsylvania; and
       Whereas, nationwide the VA patient load has risen 
     approximately 21% since 2001 to more than 6 million; and
       Whereas, The Capital Asset Realignment for Enhanced 
     Services (CARES) Commission is considering the closure or 
     partial reduction of services at VA medical centers in 
     Altoona, Butler, Erie and Pittsburgh; and
       Whereas, many veterans service organizations oppose these 
     proposed closures or reductions in service and consequent 
     adverse effects on the quality and efficiency of health care 
     for veterans throughout the Commonwealth of Pennsylvania: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania strongly urge the Department of 
     Veterans Affairs to further evaluate the negative effects of 
     the proposed realignment of veterans services and to consider 
     alternative measures for the provision and enhancement of 
     quality health care for veterans in the Commonwealth of 
     Pennsylvania; and be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, to the Department of Veterans 
     Affairs, to the presiding officers of each house of Congress 
     and to each member of Congress from Pennsylvania.

                          ____________________