[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Pages 9815-9817]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-444. A resolution adopted by the Cleburne Independent 
     School District of the State of Texas relative to the social 
     security system; to the Committee on Finance.
                                  ____

       POM-445. A resolution adopted by the Board of Commissioners 
     of the County of Cook of the State of Illinois relative to 
     discrimination against women; to the Committee on Foreign 
     Relations.
                                  ____

       POM-446. A joint memorial adopted by the Legislature of the 
     State of Maine relative to the United States Postal Service; 
     to the Committee on Governmental Affairs.

                            Joint Resolution

       Whereas, the United States Postal Service, founded in 1775, 
     provides a means for commerce and communications and provides 
     postal services to all communities, rich and poor, urban and 
     rural, with uniform postage rates and it has for nearly 230 
     years provided dependable, affordable mail service. The 
     United States Postal Service remains an important part of our 
     nation's economic infrastructure through which nearly $1 
     trillion of economic activity is conducted each year and in 
     which 9,000,000 people are employed; and
       Whereas, Americans currently enjoy the most extensive 
     postal service at the lowest postage rates of any major 
     industrialized nation in the world, and excessive below-cost 
     postage discounts to large business and advertising mailers 
     unnecessarily drain billions of dollars of revenue from the 
     United States Postal Service and ultimately cause small 
     businesses and ordinary citizens to subsidize those discounts 
     through higher postage rates. Millions of older, disabled and 
     economically disadvantaged Americans do not have easy access 
     to the Internet or to electronic banking and bill paying and 
     therefore are heavily dependent on the United States Postal 
     Service for communication and the conducting of business 
     transactions; and
       Whereas, the President created the President's commission 
     on the United States Postal Service, which has recommended 
     far-reaching changes to postal operations and services, 
     including severing postal employees from federal employee 
     health, retirement and workers' compensation programs, and 
     the repeal of certain existing laws, which would pave the way 
     towards reducing rank-and-file wages and benefits while 
     eliminating the current salary cap on executive-level postal 
     positions in order to raise postal executive pay on par with 
     that of corporate CEOs and the commission has recommended a 
     new President-appointed, corporate-style board of directors 
     and the new Postal Regulatory Board that would give these new 
     politically appointed governing bodies broad authority to set 
     rates without prior approval, review and refine the scope of 
     the United States Postal Service's universal service 
     obligation and uniform rate structure and change and restrict 
     the scope of services currently protected under postal 
     monopoly regulations; and
       Whereas, this broad authority would allow post offices to 
     be closed without community input and prices to be set with a 
     complicated postage rate structure or would even turn over 
     postal operations to private for-profit enterprises despite a 
     recent survey whose respondents had an overwhelmingly 
     favorable view of the United States Postal Service, with 3 
     out of 4 saying no major changes are needed and 3 out of 10 
     saying the United States Postal Service works extremely well 
     as is; and
       Whereas, replacing the United States Postal Service's 
     public service obligation with a profit-seeking mandate would 
     undermine the United States Postal Service's historical 
     ``universal service'' obligation, weaken its national 
     infrastructure and divide our nation politically and 
     economically, and here in the District of Maine, the United 
     States Postal Service has unilaterally implemented a cost-
     saving reduction of hours and access that restricts customer 
     service by curtailing hours; and
       Whereas, this program has reduced hours of service at over 
     50% of post offices in Maine, severely affecting customer 
     service, without regard to customers' input and complaints. 
     Maine is a rural state and our elderly and disabled citizens 
     depend on postal services: Now, therefore, be it
       Resolved, That We, your Memorialists, request that the 
     President of the United States, Congress and the United 
     States Postal Service continue to maintain affordable, 
     dependable mail service at current levels because of its 
     social and economic importance to our nation; and be it 
     further
       Resolved, That we oppose any effort to undermine the United 
     States Postal Service's universal service obligation and its 
     uniform rate structure, that the service hours be returned to 
     where they were before the report of the President's 
     Commission on the United States Postal Service and prior to 
     the implementation of the Small Post Office Reviews and 
     Standardization Program and that any recommendation from the 
     presidential commission that curtails public services related 
     to our current postal service be rejected; and be it further
       Resolved, That We, your Memorialists, go on record against 
     any changes that would harm the workers of the United States 
     Postal Service, including legislation to close small offices, 
     take away or modify the collective bargaining system of 
     postal workers or change the current bargaining system for 
     employees benefits; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable George W. Bush, President of the United States; 
     the Postmaster General, United States Postal Service; the 
     Honorable Richard Cheney, President of the United States 
     Senate; the Honorable Dennis Hastert, Speaker of the United 
     States House of Representatives; and each Member of the Maine 
     Congressional Delegation.
                                  ____

       POM-447. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to the 
     Louisiana University of Medical Services, Inc., College of 
     Primary Care Medicine; to the Committee on Health, Education, 
     Labor, and Pensions.

                  Senate Concurrent Resolution No. 40

       Whereas, Louisiana suffers with one of the worst health 
     environments in the country, including a high infant 
     mortality rate, a high rate of low birth weight babies, and 
     an incidence of stroke that is 1.3 times that of the rest of 
     the country, outside of the ``stroke belt''; and
       Whereas, despite the best efforts of medical education 
     institutions in Louisiana, the deficit of primary care 
     physicians continues; and

[[Page 9816]]

       Whereas, less than one-half of the 1998 graduates of 
     medical education institutions in Louisiana selected a 
     primary care specialty; and
       Whereas, Louisiana University of Medical Services, Inc., 
     College of Primary Care Medicine, is a non-profit 
     organization designed to address the shortage of primary care 
     physicians in small town, rural areas, and underserved areas; 
     and
       Whereas, the faculty and staff of the College of Primary 
     Care Medicine are committed to a teaching program that 
     addresses the shortage of primary care physicians both in 
     Louisiana and nationwide; and
       Whereas, throughout the educational experience at the 
     College of Primary Care Medicine of the Louisiana University 
     of Medical Services, Inc., the student will be exposed to a 
     wide variety of primary health care settings; and
       Whereas, through the program at the College of Primary Care 
     Medicine of the Louisiana University of Medical Services, 
     Inc., the traditional basic medical sciences will be 
     thoroughly presented, and students will be given all the 
     tools necessary to be successful on the United States Medical 
     Licensing Examination: Therefore, be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the Congress of the United States to provide 
     funding for the Louisiana University of Medical Services, 
     Inc., College of Primary Care Medicine, and 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, and each member of the Louisiana delegation 
     to the Congress of the United States.
                                  ____

       POM-448. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to the Lifespan Respite Care Act of 2003; to the 
     Committee on Health, Education, Labor, and Pensions.

                        House Resolution No. 113

       Whereas, An estimated 26,000 Americans care for one or more 
     adult family members or friends who are disabled, chronically 
     ill, or terminally ill. In addition, almost 25 percent of the 
     nation's elderly experience multiple chronic disabling 
     conditions that make it necessary to rely on others for help 
     in meeting their daily needs; and
       Whereas, Every year approximately 600,000 Americans die at 
     home and many of these individuals rely on extensive family 
     caregiving before their deaths. The family caregiver role is 
     personally rewarding, but it can result in substantial 
     emotional, physical, and financial hardship. Of those 
     individuals needing assistance in daily living, nearly 42 
     percent are under the age of 65; and
       Whereas, Current respite care programs are insufficient to 
     meet the needs of this underserved population. Moreover, the 
     limited available respite care programs find it difficult to 
     recruit appropriately trained respite workers; and
       Whereas, The Lifespan Respite Care Act of 2003 will 
     encourage the creation of state and local lifespan care 
     programs. It will help improve the coordination and 
     dissemination of respite care information and resources to 
     family caregivers. It will also support evaluative research 
     to identify effective respite care services that alleviate, 
     reduce, or minimize any negative consequences of caregiving. 
     Further, the act will promote innovative, flexible, and 
     comprehensive approaches to respite care delivery and support 
     training programs helping family caregivers to make informed 
     decisions about respite care services; and
       Whereas, The Michigan House of Representatives has begun 
     work on legislation that complements the Lifespan Respite 
     Care Act. With its passage, Michigan will be better prepared 
     to assist individuals in caregiving: Now, therefore, be it
       Resolved by the House of Representatives, That we urge the 
     United States Congress to support the Lifespan Respite Care 
     Act of 2003; 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-449. A resolution adopted by the Senate of the 
     Legislature of the State of Vermont relative to the No Child 
     Left Behind Act; to the Committee on Health, Education, Labor 
     and Pensions.

                        Senate Resolution No. 23

       Whereas, Vermont has established high academic standards 
     for its students in the areas of reading, language arts, 
     mathematics, social sciences, science and technology, civics, 
     arts, and health, and
       Whereas, Vermont has established and implemented rigorous 
     tests to measure achievement of its standards in reading, 
     language arts, and mathematics and consequences for schools 
     whose students fail to do well on the tests, and
       Whereas, as a result of Vermont's insistence on rigorous 
     standards and testing, Vermont students do very well on 
     national tests; for example, Vermont students scored as 
     follows on the National Assessment of Education Progress 
     tests in 2003: 4th grade math--highest average score in the 
     nation, 4th grade reading--second highest average score in 
     the nation, 8th grade math--3rd highest average score in the 
     nation, 8th grade reading--2nd highest average score in the 
     nation, and
       Whereas, the federal No Child Left Behind (NCLB) Act of 
     2001 requires all states to develop high academic standards 
     in reading and math only, and to hold schools accountable for 
     student achievement of only those standards, and
       Whereas, Congress has not provided sufficient funds for 
     Vermont schools to successfully implement NCLB, thereby 
     forcing them to direct resources away from Vermont's system 
     of comprehensive standards and assessments, a system which 
     has resulted in some of the highest test scores in the 
     nation, and
       Whereas, NCLB represents sweeping federal intrusion into 
     state and local control of education, violating the time-
     honored American principle of balanced federalism and respect 
     for state and local prerogatives, especially in the crucial 
     area of education: Now therefore be it
       Resolved by the Senate, That Congress be asked to amend the 
     No Child Left Behind Act immediately to include a mechanism 
     for a waiver from its provisions for school acountablity that 
     shall automatically be granted to states whose systems of 
     standards and accountability result in high student 
     achievement; and be it further
       Resolved, That such waiver be available to these states so 
     long as they maintain their successful standards and 
     accountability programs; and be it further
       Resolved, That the Secretary of the Senate shall transmit 
     copies of this resolution to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the member of the Vermont Congressional 
     Delegation.
                                  ____

       POM-450. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to the Employee 
     Free Choice Act; to the Committee on Health, Education, 
     Labor, and Pensions.

                        Senate Resolution No. 77

       Whereas, in 1935, the United States established, by law, 
     that workers must be free to form unions; and
       Whereas, the freedom to form or join a union is 
     internationally recognized as a fundamental human right; and
       Whereas, union membership provides workers better wages and 
     benefits, and protection from discrimination and unsafe 
     workplaces; and
       Whereas, unions benefit communities by strengthening tax 
     bases, promoting equal treatment, and enhancing civic 
     participation; and
       Whereas, workers want to organize, but are unable to, since 
     more than forty million United States workers say they would 
     join a union now if they had the opportunity; and
       Whereas, even though, on paper, America's workers have the 
     freedom to choose for themselves whether to have a union, in 
     reality, workers across the nation are routinely denied that 
     right; and
       Whereas, when the right of workers to form a union is 
     violated, wages fall, race and gender pay gaps widen, 
     workplace discrimination increases, and job safety standards 
     disappear; and
       Whereas, many thousands of America's workers are routinely 
     threatened, coerced, or fired each year because they attempt 
     to form a union; and
       Whereas, most violations of workers' freedom to choose a 
     union occur behind closed doors and each year millions of 
     dollars are spent to frustrate workers' efforts to form 
     unions; and
       Whereas, a worker's fundamental right to choose a union is 
     a public issue that requires public policy solutions, 
     including legislative remedies; and
       Whereas, the Employee Free Choice Act (S. 1925 and H.R. 
     3619) has been introduced in the United States Congress in 
     order to restore workers freedom to join a union; and
       Whereas, the Employee Free Choice Act has received broad 
     bipartisan support with over two hundred congressional 
     members as co-sponsors; and
       Whereas, at its March 17 meeting, the Hawaii State AFL-CIO 
     Executive Board unanimously endorsed the Employee Free Choice 
     Act: Now, therefore, be it
       Resolved by the Senate of the Twenty-second Legislature of 
     the State of Hawaii, Regular Session of 2004, That this body 
     supports the Employee Free Choice Act (S. 1925 and H.R. 
     3619), which would:
       (1) Authorize the National Labor Relations Board to certify 
     a union as the bargaining representative when a majority of 
     employees voluntarily sign authorizations designating that 
     union to represent them;
       (2) Provide for first contract mediation and arbitration; 
     and
       (3) Establish meaningful penalties for violations of a 
     worker's freedom to choose a union; and be it further
       Resolved, That this body urges Hawaii's congressional 
     delegation to support the Employee Free Choice Act and to 
     impel the United States Congress to pass this measure to 
     protect America's workers and preserve

[[Page 9817]]

     their freedom to choose for themselves whether or not to form 
     a union; and be it further
       Resolved, That certified 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 Hawaii's congressional delegation.
                                  ____

       POM-451. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to Christopher Kangas; to the 
     Committee on the Judiciary

                        House Resolution No. 579

       Whereas, On September 11, 2002, Hearing Examiner Doug Dodge 
     of the Bureau of Justice Assistance in the Department of 
     Justice determined that Christopher Kangas was not a public 
     safety officer within the meaning of the Public Safety 
     Officers' Benefits Act of 1976; and
       Whereas, This ruling denies his survivors benefits under 
     the act and means that Christopher is ineligible to be 
     memorialized on the wall of the National Fallen Firefighter's 
     Memorial in Emmitsburg, Maryland; and
       Whereas, The ruling has shocked and dismayed the Brookhaven 
     Fire Department in Delaware County, Pennsylvania, whose fire 
     chief, Rob Montella, has claimed: ``He was a firefighter . . 
     . what he was legally allowed to do, Chris did''; and
       Whereas, When his last fire alarm sounded, Christopher 
     Kangas, a junior firefighter for Brookhaven and 14 years of 
     age, hopped on his bicycle to answer the call; and
       Whereas, When he died of head injuries after being hit by a 
     car while answering that call on May 4, 2002, he received a 
     full hero's send-off and was laid to rest in a Class A 
     fireman's uniform at a funeral steeped in honor and fire 
     service tradition and attended by firemen from as far away as 
     Massachusetts; and
       Whereas, Flags at the National Fallen Firefighter's 
     Memorial flew at half-staff in his honor and memory; and
       Whereas, Rob Montella himself, State Fire Commissioner Ed 
     Mann and Brookhaven line officers Dave Zamonski and Charles 
     Leslie, first and second assistant chiefs, respectively, 
     began their volunteer firefighting service answering fire 
     calls as junior firefighters on bicycles, and Mr. Montella 
     has said that Christopher was a firefighter who had a full 
     set of gear, attended all training sessions, answered the 
     calls and was in compliance with the Pennsylvania Junior 
     Emergency Service Compliance Manual; and
       Whereas, Upon Christopher's death, his mother became 
     eligible for and received State and borough benefits because 
     he had died in the line of duty, but under Hearing Examiner 
     Dodge's September 11, 2002, opinion, he was denied Federal 
     benefits; and
       Whereas, This decision has concerned all firefighters who 
     have learned of it, as it narrows the definition of 
     firefighter and restricts their benefits; Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President of the 
     United States and the Pennsylvania Congressional Delegation 
     to do all in their power to encourage the United States 
     Department of Justice to review its September 11, 2002, 
     refusal to classify Christopher Kangas as a ``public safety 
     officer'' under the Public Safety Benefits Act of 1976; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States and to each member of 
     Congress from Pennsylvania.

                          ____________________