[Congressional Record (Bound Edition), Volume 151 (2005), Part 8]
[Senate]
[Pages 10946-10952]
[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-57. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the exclusion of the 179th Airlift 
     Wing, Ohio Air National guard, at the Mansfield Lahm airport 
     from the list of base closures for the Base Realignment and 
     Closure process; to the Committee on Armed Services.

                        Concurrent Resolution 9

       Whereas the 179th Airlift Wing, Ohio Air National Guard, at 
     the Mansfield Lahm Airport in Mansfield, Ohio, has a mission 
     ``to develop highly qualified operations, logistics, support 
     and medical professionals who provide airlift to serve the 
     state and nation'' and a vision to ``be an outstanding 
     airlift unit with a reputation for professionalism and world-
     class service--our customers' first choice''; and
       Whereas the 179th Airlift Wing has won several awards, 
     including the Air Force Outstanding Unit Award, the Alan P. 
     Tappan Memorial Trophy, and the Rusty Metcalf Award, the 
     latter of which acknowledges the unit as one of the best in 
     the Air Force, and all of these awards demonstrate the high 
     capability of the unit and the unit's ability to perform at 
     the Mansfield Lahm Airport; and
       Whereas Congress authorized a new round of the Base 
     Realignment and Closure process to occur this year, which has 
     the potential to affect the 179th Airlift Wing, Ohio National 
     Guard, and the community of Mansfield that supports the unit; 
     and
       Whereas the 179th Airlift Wing is active in the community 
     through various events and organizations, employs 
     approximately 1,000 individuals, and provides economic 
     support and benefits to the city of Mansfield and the 
     surrounding communities; now therefore be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports the 179th Airlift Wing, Ohio Air National 
     Guard, at the Mansfield Lahm Airport and firmly believes that 
     the unit and base should not be included in the Defense Base 
     Closure and Realignment Commission's list of proposed bases 
     to be closed, as it is a valuable asset to the state of Ohio 
     and the defense of our nation, and memorializes Congress to 
     take appropriate action so that this base is not included in 
     the Commission's list; 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, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-58. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the exclusion of the 178th Fighter 
     Wing, Ohio Air National Guard, at the Springfield-Beckley 
     Municipal Airport in Springfield, Ohio from the list of base 
     closures for the Base Realignment and Closure process; to the 
     Committee on Armed Services.

                        Concurrent Resolution 10

       Whereas the 178th Fighter Wing, Ohio Air National Guard at 
     the Springfield-Beckley Municipal Airport in Springfield, 
     Ohio, trains the fighter pilots of the future, and its goals 
     are to have highly trained professionals providing world-
     class training air combat capability and resources in times 
     of national emergency or war and to provide protection of 
     life and property and to preserve peace, order, and public 
     safety during natural disasters; and
       Whereas in addition to working to protect our nation by 
     sending unit members to participate in engagements around the 
     world, the 178th Fighter Wing works in the community, 
     participating in such activities as the Adopt-A-Family 
     program, the Combined Federal Campaign, Help-A-Needy Family 
     program, and Red Cross blood drives, as well as other 
     activities; and
       Whereas Congress authorized a new round of the Base 
     Realignment and Closure process (BRAC) to occur this year, 
     which has the potential to affect the 178th Fighter Wing, the 
     base, and the community of Springfield that supports the 
     base; and
       Whereas the unit is a key component of the community, 
     employing approximately 409 people in the unit, and the 
     airport provides for air travel and cargo needs for citizens 
     and business in the region; now therefore be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports the 178th Fighter Wing, Ohio Air National Guard 
     at the Springfield-Beckley Municipal Airport and firmly 
     believes that the unit and the base should not be included in 
     the Defense Base Closure and Realignment Commission's list of 
     proposed bases to be closed, as it is a valuable asset to the 
     state of Ohio and the defense of our nation, and memorializes 
     Congress to take appropriate action so that this base is not 
     included in the Commission's closure list; 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, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-59. A resolution adopted by the House of 
     Representatives of the Commonwealth of Pennsylvania relative 
     to a postage stamp commemorating coal miners; to the 
     Committee on Banking, Housing, and Urban Affairs.

                          House Resolution 108

       Whereas our entire nation owes our coal miners a great deal 
     more than we could ever repay them for the difficult and 
     dangerous job which they perform so that we can have the fuel 
     we need to operate our industries and to heat our homes; and
       Whereas coal mining is as much of a culture as it is an 
     industry; and
       Whereas coal miners sacrifice life and limb for little 
     recognition, and it would be proper and fitting for our 
     nation to recognize our coal miners, past and present, for 
     their contributions; therefore be it
       Resolved, That the General Assembly of the Commonwealth of 
     Pennsylvania memorialize the Citizens' Stamp Advisory 
     Committee of the United States Postal Service to issue a 
     commemorative stamp honoring our coal miners and their 
     contributions to our nation and its citizens; and be it 
     further
       Resolved, That copies of this resolution be delivered to 
     the Citizens' Stamp Advisory Committee, c/o Stamp 
     Development, United States Postal Service, 1735 North Lynn 
     Street, Room 5013, Arlington, VA 22209-6432, to the presiding 
     officers of each house of congress and to each member of 
     Congress from Pennsylvania.
                                  ____

       POM-60. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Kentucky relative to legislation urging the Federal 
     Communications Commission not to preempt state do not call 
     legislation; to the Committee on Commerce, Science, and 
     Transportation.

                          House Resolution 191

       Whereas the Commonwealth of Kentucky has enacted 
     legislation, KRS 367.46951 et seq., to protect the privacy of 
     Kentucky consumers from unwanted, unsolicited telemarketing 
     phone calls and created a ``zero call list'' on which 
     Kentucky consumers may place their residential phone numbers 
     and which numbers may not be called by telemarketers for the 
     purpose of making a telephone solicitation as defined by 
     Kentucky law, and which list is administered by the Office of 
     Attorney General; and
       Whereas the United States Federal Trade Commission and 
     Federal Communications Commission have established a federal 
     registry, the National Do Not Call Registry, on which 
     Kentucky consumers may have their residential phone numbers 
     placed for purposes of preventing telemarketers from making 
     unsolicited telephone solicitations, which list is 
     administered by the Federal Trade Commission and enforced by 
     the Federal Trade Commission as well as the Federal 
     Communications Commission and the Attorneys General of the 50 
     states; and
       Whereas the Attorney General has implemented the Kentucky 
     zero call list effectively and enforced the Kentucky and 
     federal law in such a manner as to dramatically reduce the 
     number of complaints from Kentucky consumers regarding 
     unsolicited telemarketing calls; and

[[Page 10947]]

       Whereas the Kentucky House of Representatives is aware that 
     petitions are pending before the Federal Communications 
     Commission which seek to declare state laws in Wisconsin, New 
     Jersey, North Dakota and Indiana preempted by federal 
     telemarketing legislation, the Telephone Consumer Protection 
     Act, 47 U.S.C. sec. 227; and
       Whereas the Kentucky House of Representatives wishes to 
     express its satisfaction with the enforcement efforts of the 
     Office of the Attorney General to date and its desire that 
     these efforts continue in the future; and
       Whereas neither the Telephone Consumer Protection Act nor 
     any other federal law expressly or by reasonable implication 
     preempts KRS 367.46951 et seq., nor any other state 
     telemarketing legislation establishing a state do not call 
     registry; now therefore, be it
       Resolved by the House of Representatives of the General 
     Assembly of the Commonwealth of Kentucky:
       Section 1. The House of Representatives urges the Federal 
     Communications Commission to clearly state that the National 
     Do Not Call Registry does not preempt Kentucky's zero call 
     list.
       Section 2. The House of Representatives also urges the 
     legislature of each state that has not yet done so to make a 
     similar request to the Federal Communications Commission.
       Section 3. The Clerk of the House of Representatives shall 
     transmit copies of this Resolution to the President and Vice 
     President of the United States, the presiding officer in each 
     house of the legislature in each of the states in the Union, 
     the Speaker of the United States House of Representatives, 
     the President of the United States Senate, and to each member 
     of the Commonwealth of Kentucky's Congressional Delegation.
                                  ____

       POM-61. A resolution adopted by the Senate of the General 
     Assembly of the State of Ohio relative to the Energy Policy 
     Act of 1992; to the Committee on Commerce, Science, and 
     Transportation.

                         Senate Resolution 35s

       Whereas the United States; increasing dependence on 
     imported oil and the relative instability of foreign oil-
     producing countries prompted Congress to enact the Energy 
     Policy Act of 1992. The policy goals of the Act are to reduce 
     our nation's reliance on foreign petroleum and to improve air 
     quality; and
       Whereas to achieve these goals, certain portions of the Act 
     establish provisions that are designed to encourage the use 
     of alternative fuels. One such provision, 42 U.S.C. 13257(o), 
     specifies that pursuant to rules adopted by the Department of 
     Energy, 75% of new light duty motor vehicles acquired 
     annually for state government fleets must be alternative 
     fueled vehicles; and
       Whereas rules adopted by the Department of Energy, which 
     are codified at 10 C.F.R. Part 490 and are commonly known as 
     the Energy Policy Act State and Alternative Fuel Provider 
     Rules, exclude electric-hybrid vehicles that run in part on 
     gasoline from the definition of ``alternative fueled 
     vehicle,'' thus prohibiting states from receiving credit 
     toward the alternative fueled vehicle quota for the 
     acquisition of an electric-hybrid vehicle; and
       Whereas this inability of states to use electric-hybrid 
     vehicles in order to receive credit toward the quota is 
     unfortunate and, in fact, does not make sense because these 
     vehicles exhibit excellent fuel efficiency that would serve 
     to accomplish the policy goals of the Energy Policy Act of 
     1992 by reducing dependence on petroleum products; now 
     therefore be it
       Resolved, That we the members of the Senate of the 126th 
     General Assembly of Ohio, request Congress to amend the 
     Energy Policy Act of 1992 to specify that an electric-hybrid 
     vehicle must receive credit as being an alternative fueled 
     vehicle for purposes of the requirement that 75% of new light 
     duty motor vehicles acquired annually for state government 
     fleets be alternative fueled vehicles, and be it further
       Resolved, That the Clerk of the Senate transmit daily 
     authenticated copies of this resolution to the Speaker and 
     Clerk of the United States House of Representatives, to the 
     President Pro Tempore and Secretary of the United States 
     Senate, to the members of the Ohio Congressional delegation, 
     to the Speaker of the House of Representatives of the General 
     Assembly of Ohio, and to the news media of Ohio.
                                  ____

       POM-62. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to highway funding; to the Committee on Commerce, 
     Science, and Transportation.

                     House Concurrent Resolution 4

       Whereas the sixth short-term extension of the federal road 
     and transit funding authorization act known as the 
     Transportation Equity Act for the 21st Century, or TEA 21, 
     expires on May 31, 2005. The uncertainty regarding long-term 
     federal funding hampers Michigan's ability to effectively 
     plan investments in infrastructure and may contribute to 
     delays in critical highway and transit projects; and
       Whereas Michigan has long been a ``donor state,'' 
     contributing a greater share to the Federal Highway Trust 
     Fund and Mass Transit Account than the share of federal 
     transportation funds returned for use in Michigan; and
       Whereas last session, the United States Senate passed 
     highway reauthorization legislation that would have provided 
     $318 billion for highways and transit systems nationwide over 
     six years and increased Michigan's rate of return on our 
     federal transportation taxes from 90.5 percent to 95 percent. 
     In addition, the bill would have provided up to $300 million 
     more for Michigan transportation systems each year, and could 
     have created several thousand new jobs. The House passed 
     reauthorizing legislation that would have provided $284 
     billion for highways and transit systems and would have 
     reduced Michigan's rate of return below the current level of 
     90.5 percent. The Conference Committee narrowed the funding 
     difference to between $284 and $299 billion, but left 
     unRESOLVED the question of funding equity for donor states 
     such as Michigan; now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That we memorialize Congress to enact highway 
     reauthorization legislation with a level of funding that 
     closes the gap between federal fuel tax dollars paid by 
     Michigan motorists and dollars received to address Michigan's 
     transportation needs; 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-63. A resolution adopted by the Legislature of the 
     State of Michigan relative to highway funding; to the 
     Committee on Commerce, Science, and Transportation.

                    Senate Concurrent Resolution 12

       Whereas the sixth short-term extension of the federal road 
     and transit funding authorization act known as the 
     Transportation Equity Act for the 21st Century, or TEA 21, 
     expires on May 31, 2005. The uncertainty regarding long-term 
     federal funding hampers Michigan's ability to effectively 
     plan investments in infrastructure and may contribute to 
     delays in critical highway and transit projects; and
       Whereas Michigan has long been a ``donor state,'' 
     contributing a greater share to the Federal Highway Trust 
     Fund and Mass Transit Account than the share of federal 
     transportation funds returned for use in Michigan; and
       Whereas last session, the United States Senate passed 
     highway reauthorization legislation that would have provided 
     $318 billion for highways and transit systems nationwide over 
     six years and increased Michigan's rate of return on our 
     federal transportation taxes from 90.5 percent to 95 percent. 
     In addition, the bill would have provided up to $300 million 
     more for Michigan transportation systems each year, and could 
     have created several thousand new jobs. The House passed 
     reauthorizing legislation that would have provided $284 
     billion for highways and transit systems and would have 
     reduced Michigan's rate of return below the current level of 
     90.5 percent. The Conference Committee narrowed the funding 
     difference to between $284 and $299 billion, but left 
     unresolved the question of funding equity for donor states 
     such as Michigan; now, therefore be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize Congress to enact highway 
     reauthorization legislation with a level of funding that 
     closes the gap between federal fuel tax dollars paid by 
     Michigan motorists and dollars received to address Michigan's 
     transportation needs; 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-64. A concurrent resolution adopted by the Legislature 
     of the State of North Dakota relative to the Grand Forks 
     Automated Flight Service Station; to the Committee on 
     Commerce, Science, and Transportation.

                    House Concurrent Resolution 3058

       Whereas the Grand Forks Automated Flight Service Station 
     provides pilots with weather and aeronautical data to help 
     them make critical and often lifesaving decisions; and
       Whereas whether assisting University of North Dakota 
     student pilots, coordinating air ambulance flights to our 
     rural communities, relaying data to commercial operators 
     flying passengers and supplies over the state, often in the 
     worst of weather, or assisting the military in matters of 
     national security, the Grand Forks Automated Flight Service 
     Station provides an invaluable service that is intimately 
     related to the public interest; and
       Whereas the Grand Forks Automated Flight Service Station is 
     responsible for the continuous monitoring of international 
     border air space and daily support of the missions of the 
     Minot Air Force Base, Grand Forks Air Force Base, Fargo Air 
     National Guard, and Bismarck National Guard flight 
     operations; and

[[Page 10948]]

       Whereas maintaining the Grand Forks Automated Flight 
     Service Station with proper staffing levels and equipment is 
     a fundamental necessity in the continuation of these crucial 
     services; and
       Whereas the Federal Aviation Administration is primarily 
     responsible for the safety and security of aviation; Now, 
     therefore, be it
       Resolved by the House of Representatives of North Dakota, 
     the Senate Concurring therein:
       That the Fifty-ninth Legislative Assembly urges the Federal 
     Aviation Administration to maintain the Grand Forks Automated 
     Flight Service Station as a federal air traffic facility 
     properly staffed by government employees; and be it further
       Resolved, That the Secretary of State forward copies of 
     this resolution to the President and Vice President of the 
     United States, the administrator of the Federal Aviation 
     Administration, and to each member of the United States 
     Senate and United States House of Representatives.
                                  ____

       POM-65. A resolution adopted by the Senate of the General 
     Assembly of the State of Tennessee relative to federal 
     reauthorization of federal-aid highway and transit programs; 
     to the Committee on Commerce, Science, and Transportation.

                          Senate Resolution 13

       Whereas legislation to reauthorize the federal-aid highway 
     and transit programs is more than 17 months overdue; and
       Whereas the six short-term program extensions enacted by 
     the U.S. Congress have forced states and localities to delay 
     construction of critical highway and transit projects, 
     impeded job creation, and postponed life-saving safety 
     improvements and the completion of congestion-reducing 
     measures; and
       Whereas further delay will increase project costs and 
     dilute the purchasing power of federal transportation 
     dollars; and
       Whereas investments in transportation are investments in 
     people, and our transportation network is the means through 
     which our children return from school safely, aging Americans 
     and the disabled gain mobility, and commuters have affordable 
     mass transit options to get to work; and
       Whereas a well-functioning transportation system is 
     critical to America's security, productivity and global 
     competitiveness; and
       Whereas inadequate funding proposals impede the ability of 
     the U.S. Congress to reach agreement on a long-term bill; 
     now, therefore, be it
       Resolved by the Senate of the One Hundred Fourth General 
     Assembly of the State of Tennessee, that the Senate hereby 
     most fervently urges and encourages the U.S. Congress and the 
     administration to immediately enact a well-funded, multi-year 
     reauthorization of federal highway and transit programs, be 
     it further
       Resolved, That enrolled copies of this resolution be 
     transmitted to the President, the Vice President, the 
     Secretary of Transportation and to each member of Tennessee's 
     congressional delegation.
                                  ____

       POM-66. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to Weekly 
     Natural Gas Storage Report procedures; to the Committee on 
     Energy and Natural Resources.

                        Senate Resolution No. 6

       Whereas Louisiana serves as a major energy source and hub 
     for the entire nation; and
       Whereas information that impacts energy markets throughout 
     the nation is of critical importance to Louisiana; and
       Whereas the Department of Energy, Energy Information 
     Administration (EIA), solicited public comments regarding its 
     present policies and procedures concerning revision of 
     information contained in the Weekly Natural gas Storage 
     Report; and
       Whereas the Weekly Natural Gas Storage Report identifies 
     the amount of natural gas stored and the amount withdrawn in 
     underground storage on a weekly basis; and
       Whereas the contents of such report are critical factors in 
     the pricing of natural gas, and have a direct and immediate 
     impact upon markets and consumers; and
       Whereas the EIA's current revision policy provides that any 
     errors in the Weekly Natural Gas Storage Report will not be 
     corrected for up to one week; and
       Whereas such policy is seriously flawed, as demonstrated by 
     the events of November 24, 2004; and
       Whereas the November 24, 2004, Weekly Natural Gas Storage 
     Report contained information that had been submitted with a 
     clerical error; and
       Whereas shortly after such information had been submitted, 
     EIA personnel requested that the company review the accuracy 
     of its submission; and
       Whereas within thirty minutes from EIA's request the 
     correct information was obtained and submitted to EIA; and
       Whereas although EIA and private sector personnel acted 
     promptly and appropriately to discover and correct the 
     clerical error, the contents oft he Weekly Natural Gas 
     Storage Report were not publicly revise, updated, or 
     corrected, due to EIA's regulations preventing the disclosure 
     and dissemination of such information until the next week's 
     report; and
       Whereas such failure and delay in disclosure and 
     dissemination of the corrected information had disastrous 
     economic consequence, in that Federal Energy Regulatory 
     Commission analysts later estimated the cost to the 
     marketplace in relying upon the erroneous and uncorrected 
     information was between $200 million and $1 billion; and
       Whereas such cost is an unconscionable burden upon 
     consumers and businesses for an easily correctable and 
     actually corrected error, especially when it is within the 
     powers of agencies overseeing the report process to diminish 
     these costs by prompt disclosure and dissemination of revised 
     information; and
       Whereas under 15 U.S.C.A. Sec. 764(b)(5), the secretary of 
     energy has the duty to ``promote stability in energy prices 
     to the consumer, promote free and open competition in all 
     aspects of the energy field prevent unreasonable profits . . 
     . and promote free enterprise''; and
       Whereas in light of the events of November 24th, the Energy 
     Information Administration has proposed new policies and 
     procedures concerning the disclosure and dissemination of 
     revised or corrected information; and
       Whereas Congress should act to ensure that the proposed 
     changes promote market fairness and equality by mandating the 
     corrected information is disclosed and disseminated rapidly, 
     and that all participants in the natural gas industry markets 
     have the ability to obtain essential information at he same 
     time, therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to require Weekly Natural 
     Gas Storage Report policies and procedures that mandate the 
     prompt disclosure and dissemination of corrected information, 
     in order to promote market equality and fairness, be it 
     further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives, and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-67. A House Joint Memorial adopted by the Legislature 
     of the State of Idaho relative to funding for the Idaho 
     National Laboratory; to the Committee on Energy and Natural 
     Resources.

                         House Joint Memorial 6

       Whereas at the direction of the United States Government, 
     through its Department of Energy, a new national laboratory 
     ``Idaho National Laboratory'' was, on February 1, 2005, 
     formed from the former Argonne National Laboratory-West and 
     Idaho National Engineering and Environmental Laboratory; and
       Whereas the United States Department of Energy's stated 
     vision for the new Idaho National Laboratory is to: enhance 
     the Nation's energy security by becoming the preeminent, 
     internationally recognized nuclear energy research, 
     development and demonstration laboratory within ten years; 
     establish itself as a major center for national security 
     technology development and demonstration; be a multiprogram, 
     national laboratory with world-class nuclear capabilities; 
     and foster new academic, industry, government and 
     international collaborations to produce the investment, 
     programs and expertise that assure this vision is realized; 
     and
       Whereas the Idaho National Laboratory is considered an 
     essential partner alongside Idaho state government, Idaho's 
     universities and industry in carrying out the state's Science 
     and Technology Strategic Plan and building on Idaho's key 
     industry strengths in energy and power, imaging, new 
     materials and nanotechnology, and ag/biotechnology; and
       Whereas the state of Idaho has for fifty-six years 
     willingly and dutifully hosted Department of Energy, Energy 
     Research and Development Administration and Atomic Energy 
     Commission operations at the current Idaho National 
     Laboratory site; and
       Whereas both the federal government and the state of Idaho 
     have significant financial interests in seeing operations at 
     the Idaho National Laboratory succeed. Now, therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, that we herewith 
     respectfully petition the President and Congress to pledge 
     continued support and provide sufficient long-term funding to 
     assure execution of the federal government's stated, public 
     record vision for the Idaho National Laboratory, allowing 
     this great institution to advance, as it is uniquely able to, 
     our collective interests in strengthened energy, national and 
     economic security for these United States, be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     United States, the Secretary of Energy of the United States, 
     the President of the Senate and the Speaker of the House of 
     Representatives of Congress, and the congressional delegation 
     representing the State of Idaho in the Congress of the United 
     States.

[[Page 10949]]

     
                                  ____
       POM-68. A House Joint Memorial adopted by the Legislature 
     of the State of Idaho relative to Power Marketing 
     Administrations (PMAs) rates; to the Committee on Energy and 
     Natural Resources.

                         House Joint Memorial 9

       Whereas Power Marketing Administrations (PMAs) market 
     electricity generated primarily by federal hydropower 
     projects in thirty-three states served by the 1,190 consumer-
     owned electric utilities giving preference to public bodies 
     and cooperatives; and
       Whereas Bonneville Power Administration provides a 
     substantial amount of the electric power consumed in Idaho, 
     including the sale of firm and surplus electric power to 
     Idaho's investor-owned utilities and directs wholesale power 
     to 26 rural electric cooperatives and municipalities in Idaho 
     serving over 250,000 Idaho citizens; and
       Whereas the Administration's budget proposes to sell 
     electric power from PMAs at market rates rather than the 
     current practice of selling at cost-based rates; and
       Whereas the Pacific Northwest region has experienced a 
     nearly fifty percent increase in wholesale power rates since 
     the energy crisis of 2001-2002; and
       Whereas the current federal power program of cost-based 
     rates ensures that all federal costs, with interest, from the 
     generation, transmission and sale of federal power are 
     recovered from purchasers through the rates charged; and
       Whereas the proposal contains a projected rate increase of 
     twenty percent each year until it totals a one hundred 
     percent increase, which is an escalation of significant 
     magnitude and will severely harm the region's businesses and 
     industries, as well as all the residents of the region; and
       Whereas the budget proposal constitutes a thinly disguised 
     tax on the millions of Americans who purchase power through 
     utilities supplied by PMAs; and
       Whereas recognizing the true costs of this proposal and 
     assessing the economic impacts it entails, we find that the 
     proposal is not a prudent choice and should be rejected: Now, 
     therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, That we urge the Congress 
     to reject the Administration proposal to move PMA rates to 
     market rates thereby ensuring the continued responsible 
     management of power generation, transmission and sale; and be 
     it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, the congressional delegation representing the State 
     of Idaho in the Congress of the United States and to the 
     Secretary of the United States Department of Energy, Samuel 
     W. Bodman.
                                  ____

       POM-69. A House Joint Memorial adopted by the Legislature 
     of the State of Idaho relative to a feasibility study by the 
     U.S. Corps of Engineers relating to the possibilities, 
     benefits, and costs of providing flood control above Bear 
     Lake; to the Committee on Environment and Public Works.

                         House Joint Memorial 1

       Whereas the ongoing drought in the state of Idaho has had a 
     profound impact throughout the state, including the area of 
     southeastern Idaho known as the Bear River Basin. Although 
     inadequate, during times of high water such as spring runoff, 
     Bear Lake is the major reservoir for containing flood waters 
     of the Bear River within the Bear River Basin. The effects of 
     drought in the Bear River Basin would be significantly 
     reduced in the event alternative storage sites were 
     available; and
       Whereas the Bear River Basin encompasses 7,400 square miles 
     with 2,700 square miles in the state of Idaho. Originating in 
     Utah's Uintah Mountains, the Bear River crosses state 
     boundaries five times, has tributaries in Idaho, Utah and 
     Wyoming, and ultimately discharges into the Great Salt Lake; 
     and
       Whereas the Bear River did not naturally divert into Bear 
     Lake. The Utah Sugar Company and the Telluride Power Company 
     first proposed diversion of the Bear River into Bear Lake for 
     water storage in 1898. That project was taken over by Utah 
     Power and Light Company for the purpose of producing 
     hydropower. The project, which included a diversion dam on 
     the Bear River, a canal, and a pumping station was completed 
     in 1918; and
       Whereas a multistate compact between the states of Idaho, 
     Utah and Wyoming, known as the Bear River Compact, was 
     entered into in 1958 and amended in 1980. The Compact governs 
     the operation of the Bear River and, for management purposes, 
     the Compact divides the river into three segments. The three 
     segments are known as the Upper Division, located in Utah and 
     Wyoming, the Central Division, located in Wyoming and Idaho, 
     and the Lower Division, located in Idaho and Utah. The Bear 
     River Commission, made up of three members from each of the 
     Compact states, a chairman appointed by the President of the 
     United States, and an engineer/manager, manages the day-to-
     day operation of the river; and
       Whereas as a result of two lawsuits against Utah Power and 
     Light Company during the 1970's, which claimed damage to 
     crops due to flooding along the Bear River, the power company 
     is under court order to keep the Bear River within its banks. 
     Based on the court order, in the event the irrigation season 
     ends with Bear Lake above 5,918 feet in elevation, water is 
     released downstream to make room in Bear Lake for the spring 
     runoff; and
       Whereas since the 1970's, millions of acre feet of water 
     have been released to provide capacity for flood control. 
     Releases carry the river as well as the surface water removed 
     from Bear Lake downstream to the Great Salt Lake where the 
     principal beneficiary is the Great Salt Lake ecosystem. The 
     most recent releases were in 1997, 1998 and 1999; and
       Whereas lowering the elevation of Bear Lake in the Lower 
     Division for flood control also impacts water users in the 
     Upper and Central Divisions. Under the Compact, Woodruff 
     Narrows Reservoir located in the Upper Division is not 
     allowed to fill whenever the elevation of Bear Lake is below 
     5,911 feet above sea level, affecting both ground and surface 
     water in that area. In addition, when Woodruff Narrows 
     Reservoir is not full, no water is available for irrigation 
     in a ten mile stretch of river in the Central Division 
     leaving irrigators in that area without water for their 
     crops; and
       Whereas dredging has been necessary to provide water for 
     irrigation due to low lake levels; and
       Whereas studies to date have shown that use of Bear Lake 
     for flood control has resulted in tons of suspended sediment 
     solids to be deposited in the lake during the spring runoff. 
     This is highly detrimental to the ecosystem. Increases in 
     algae blooms on Bear Lake due to nitrates being carried in 
     have been documented; and
       Whereas in the event the water had not been released in the 
     interest of flood control, it is likely that Bear Lake would 
     now be full or nearly full. In that event, it is probable 
     that there would be no need to pump water out of Bear Lake 
     for irrigation because there would be enough capacity to 
     allow the water to flow out by gravity, there would be no 
     need to dredge in Bear Lake in that the elevation of the lake 
     would be high enough to make dredging unnecessary, and an 
     elevation above 5,911 feet would allow upstream storage at 
     the Woodruff Narrows Reservoir; and
       Whereas extremely low levels in Bear Lake could cause a 
     water emergency to be declared by the state of Utah. The 
     declaration would lead to closer scrutiny of the natural flow 
     rights administered under the interstate accounting system. 
     The lack of adequate storage water to supplement natural flow 
     could result in the curtailment of rights in Idaho; and
       Whereas if alternate storage sites were available, several 
     hundred thousand acre feet of water would still be in Bear 
     Lake to mitigate the effects of the drought. Pursuant to the 
     Bear River Compact, Idaho is entitled to store approximately 
     125,000 acre feet of water annually and Utah about 390,000 
     acre feet annually. Provided adequate storage, this water, 
     which is usually available during the spring runoff, could be 
     stored to prevent any flooding of the Bear River. The water 
     could then be used for irrigation, domestic and commercial 
     development and recreation. A reservoir above Bear Lake would 
     allow chemicals to be neutralized and suspended solids to 
     settle out that are now entering Bear Lake. Alternative 
     storage sites would provide for the conservation, 
     preservation and best utilization of the water to which the 
     state is entitled. This storage is desperately needed to 
     allow residential, commercial and municipal development in 
     the Bear River drainage without reducing irrigated 
     agricultural lands; and
       Whereas flood control above Bear Lake would make possible a 
     policy that Bear Lake would be the first to fill and the last 
     to empty. This would provide more water for irrigation, 
     minimize fluctuations of lake levels, improve spawning 
     habitat for Bear Lake cutthroat trout, provide boat-launching 
     capability at Idaho state parks, and allow the filling of 
     Woodruff Narrows Reservoir. Flood control above Bear Lake 
     would greatly benefit the economy of all three states in the 
     Bear River drainage; and
       Whereas the United States Army Corps of Engineers is the 
     federal agency responsible for flood control. The Corps has 
     indicated a willingness to conduct a feasibility study of 
     possible water storage sites upstream from Bear Lake which 
     could be used for flood control of the Bear River. Costs of 
     the study could range from $600,000 to $2,000,000 depending 
     on the areas the study would include. The study will require 
     an equal match of federal and nonfederal funds. However, with 
     congressional approval, past local expenditures may be used 
     as the local match; and
       Whereas past local expenditures that have been made include 
     $174,000 by the state of Wyoming for the Cokeville Reservoir 
     project on Smith's Fork, $350,000 by the State of Wyoming for 
     the Bear River Plan and over $2,000,000 of state funds from 
     Idaho, Wyoming, and Utah through the Bear River Commission 
     for stream gaging; and
       Whereas concerned citizens of the Bear River drainage, 
     including the Bear Lake

[[Page 10950]]

     County Commission, the Bear Lake Regional Commission, Bear 
     Lake Watch, Inc., and Love Bear Lake, Inc., are asking for 
     Congressional approval to recognize past expenditures as the 
     local match to make the Corps of Engineers feasibility study 
     possible: Now, therefore, be it
       Resolved by the members of the first Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, That we respectfully urge 
     the Congress of the United States and our Idaho delegation, 
     as well as the Utah and Wyoming delegations in Congress, to 
     support, work to pass and vote for legislation that will 
     authorize and fund a feasibility study by the United States 
     Corps of Engineers relating to the possibilities, benefits 
     and cost of providing flood control above Bear Lake; and be 
     it further
       Resolved, That we urge Congress to allow and approve past 
     local expenditures, equivalent to fifty percent of the total 
     cost of the study, as the required local match and that local 
     expenditures to be allowed and approved include $174,000 by 
     the state of Wyoming for the Cokeville Reservoir project on 
     Smith's Fork, $350,000 by the state of Wyoming for the Bear 
     River Plan and $2,000,000 of state funds from Idaho, Wyoming, 
     and Utah for stream gaging; and be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegations representing the 
     states of Idaho, Utah and Wyoming in the Congress of the 
     United States.
                                  ____

       POM-70. A House Joint Memorial adopted by the Legislature 
     of the State of Idaho relative to the Central America Free 
     Trade Agreement (CAFTA) and the Free Trade Area of the 
     Americas (FTAA); to the Committee on Finance.
       Whereas the state of Idaho is very diversified in its 
     agricultural production; and
       Whereas in January 2002, the federal government announced 
     that it was initiating negotiations on a free trade agreement 
     involving the countries of El Salvador, Guatemala, Honduras 
     and Nicaragua. These negotiations concluded in December 2003. 
     Negotiations with Costa Rica and the Dominican Republic were 
     subsequently completed and are now included in the agreement. 
     Congress must now decide whether to ratify the Central 
     America Free Trade Agreement (CAFTA); and
       Whereas the federal government is also negotiating the Free 
     Trade Area of the Americas (FTAA) agreement; and
       Whereas both CAFTA and the FTAA would allow these foreign 
     countries to export commodities to the United States, harming 
     Idaho agricultural industry in the process; and
       Whereas the agricultural producers of the United States 
     cannot be expected to compete with these foreign countries 
     under the trade agreements due to the labor practices, lack 
     of environmental regulations and subsidized agricultural 
     production of these foreign countries; and
       Whereas sugar is an import-sensitive commodity which will 
     be negatively impacted by CAFTA. Idaho is our nation's 
     second-largest producer of sugarbeets and a recent University 
     of Idaho study concludes that the demise of the sugar 
     industry in the state would also have a serious impact on 
     market prices relating to other Idaho crops such as potatoes 
     and onions which would be grown in place of sugarbeets; and
       Whereas the CAFTA nations already enjoy preferential, duty-
     free access into the United States market for 311,700 metric 
     tons of sugar. The United States is presently the world's 
     fourth-largest net importer of sugar under existing trade 
     agreements and its sugar market is already oversupplied, 
     resulting in our region's sugarbeet processing company 
     recently announcing the temporary closure of one of its 
     factories due to the existing low sugar marketing allocations 
     for United States producers; and
       Whereas the United States International Trade Commission in 
     August 2004, concluded that the Central American Free Trade 
     Agreement would actually increase the U.S. trade deficit with 
     the region by $100 million a year to $24 billion a year; and
       Whereas concerns over free trade agreements face the 
     agriculture industry at a time when the domestic consumption 
     of United States agricultural products is declining, forcing 
     domestic producers out of business; and
       Whereas the state of Idaho stands to lose thousands of jobs 
     and millions of dollars if these free trade agreements are 
     implemented, potentially devastating the state's agricultural 
     industry, moving production into other supply-sensitive 
     crops, and severely harming the state's economy as a whole; 
     and
       Whereas the economic impact of any trade agreement must be 
     recognized and considered to maintain viable economic health 
     of agricultural industries, as well as all industries, with 
     an emphasis on fair trade, rather than free trade; and
       Whereas the provisions of CAFTA and FTAA should be 
     renegotiated to limit exports from foreign countries to a 
     needs-based access, allowing the United States agricultural 
     policy to properly function and fairly treat agricultural 
     producers in the United States: Now, therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, That in negotiating any 
     national trade agreements, the federal government is urged to 
     recognize the economic impact of such trade agreements on the 
     states and consider those impacts in order to maintain the 
     viable economic health of agricultural industries, as well as 
     all industries, with an emphasis on fair trade, rather than 
     free trade, and be it further
       Resolved, That the federal government is urged to 
     renegotiate the provisions of CAFTA and the FTAA to limit 
     exports from the involved foreign countries to fairly protect 
     agricultural producers in the United States; and be it 
     further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     State of Idaho in the Congress of the United States.
                                  ____

       POM-71. A resolution adopted by the Senate of the 
     Legislature of the State of Louisiana relative to the Breast 
     Cancer Patient Protection Act; to the Committee on Health, 
     Education, Labor, and Pensions.

                          Senate Resolution 10

       Whereas individuals and organizations, including many 
     congressmen, have been fighting for access to quality health 
     care for a women since 1996; and
       Whereas the Breast Cancer Patient Protection Act is bi-
     partisan legislation co-sponsored by Senator Mary Landrieu of 
     Louisiana which would create a ban on ``drive through'' 
     mastectomies, in which a woman is forced out of the hospital 
     sometimes only hours after breast cancer surgery; and
       Whereas this legislation would require insurance companies 
     to cover a 48-hour hospital stay for a woman undergoing a 
     mastectomy and a 24-hour hospital stay for a woman undergoing 
     a lymph node dissection; and
       Whereas this legislation ensures that a physician and the 
     patient will make a decision together regarding staying at a 
     hospital following a mastectomy; and
       Whereas both the American College of Surgeons and the 
     American Medical Association have taken the position that 
     most patients require a longer hospital stay than those that 
     ``drive-by'' mastectomies afford; and
       Whereas among the groups supporting this legislation are 
     the American Medical Association, the American College of 
     Surgeons, the Association of Women's Health, the Society for 
     Advancement of Women's Health, the Susan G. Komen Foundation, 
     and Families USA: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to enact the Breast Cancer 
     Patient Protection Act; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-72. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to ``Amyotrophic Lateral Sclerosis 
     Awareness Month'', to the Committee on Health, Education, 
     Labor, and Pensions.

                          House Resolution 225

       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 40 
     and 70 years of age, with the peak at about 55 years of age, 
     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

[[Page 10951]]

     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 2005 
     as ``Amyotrophic Lateral Scerosis (ALS) Awareness Month'' in 
     Pennsylvania; and be if 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-73. A concurrent resolution adopted by the House of 
     Representatives and the Senate of the Legislature of the 
     State of Hawaii relative to the No Child Left Behind Act of 
     2001; to the Committee on Health, Education, Labor, and 
     Pensions.

                      House Concurrent Resolution

       Whereas in 2002, the No Child Left Behind Act of 2001 was 
     enacted on a bipartisan basis and signed into law by 
     President George W. Bush; and
       Whereas all states that accept federal Title I education 
     funds, including Hawaii, are subject to the requirements of 
     the Act; and
       Whereas the purpose of the Act is to compel all public 
     schools to make adequate yearly progress toward the goal of 
     100 percent student proficiency in math and reading by 2013-
     2014; and
       Whereas these expectations are unreasonable for students 
     with limited English proficiency and students with 
     disabilities, making it impossible for many of Hawaii's 
     schools, that have a high population of these students, to 
     comply with the law; and
       Whereas the Act does not allow states that may already have 
     successful accountability systems in place to use their 
     system to comply with the spirit of the Act; and
       Whereas states should be allowed to use a value-added or 
     student growth approach in their state accountability plan; 
     and
       Whereas the Act is an under-funded mandate that causes 
     states and school districts to spend more money than the 
     amounts appropriated by Congress to implement the Act; and
       Whereas the Act coerces participation by placing punitive 
     financial consequences on states that refuse to participate; 
     and
       Whereas in 2004, the National Conference of State 
     Legislatures created a bipartisan task force to study the 
     Act, resulting in suggestions for specific changes to make 
     the Act more workable, more responsive to variations among 
     the states, and more effective in improving elementary 
     education; and
       Whereas the recommendations of the task force's February 
     2005 Final Report include the following:
       (1) Substantially increasing federal funding for the Act;
       (2) Reexamining the financial consequences for states that 
     choose not to participate;
       (3) Reevaluating the 100 percent proficiency goal 
     established by the Act;
       (4) Conducting a Government Accountability Office study of 
     the compliance and proficiency costs associated with the Act;
       (5) Giving the Individuals with Disabilities Education Act 
     primacy over the Act in cases where these laws may conflict; 
     and
       (6) Providing states with much greater flexibility to meet 
     the objectives of the adequate yearly progress provisions of 
     the Act; and
       Whereas although the Act aims to provide flexibility for 
     states to improve academic achievement and to close the 
     achievement gap, the task force found that little flexibility 
     has been granted to states to implement the Act: Now, 
     therefore, be it
       Resolved, by the House of Representatives of the Twenty-
     third Legislature of the State of Hawaii, Regular Session of 
     2005, the Senate concurring, That the United States Congress 
     is respectfully requested to amend the No Child Left Behind 
     Act of 2001 according to the recommendations of the February 
     2005 Final Report of the National Conference of State 
     Legislatures' Task Force on No Child Left Behind; and be it 
     further
       Resolved, That the current law and any revisions thereof 
     recognize that under our federal system of government, 
     education is primarily a state and local responsibility; and 
     be it further
       Resolved, That Congress is requested to allow states more 
     flexibility to continue to work toward the goal of closing 
     the achievement gap without the threat of losing federal 
     funds; and be it further
       Resolved, That Congress is requested to appropriate federal 
     funding in amounts consistent with the levels authorized in 
     the Act for education programs and expanded information 
     systems needed to accurately reflect student, school, and 
     school district performance and to pay the costs of ensuring 
     student proficiency; and be it further
       Resolved, That Congress is requested to authorize 
     appropriate assessment methods and an alternative methodology 
     for determining adequate yearly progress targets and progress 
     for students who are not yet proficient in English and who 
     have certain disabilities; and be it further
       Resolved, That Congress is requested to amend the No Child 
     Left Behind Act's current provisions relating to adequate 
     yearly progress to apply sanctions only when the same groups 
     or subgroups within a grade level fail to meet adequate 
     yearly progress targets in the same subject area for two 
     consecutive years; and be it further
       Resolved, That Congress is requested to amend the Act to 
     allow flexibility in:
       (1) Determining adequate yearly progress using models that 
     measure individual student growth or growth in the same 
     cohort of students from year to year;
       (2) Calculating adequate yearly progress for students 
     belonging to multiple groups and subgroups; and
       (3) Determining whether certain categories of teachers, 
     such as special education teachers, are highly qualified; and 
     be it further
       Resolved, That Congress is requested to modify the No Child 
     Left Behind Act's provisions relating to school choice by 
     limiting the option only to those students whose performance 
     is consistently below the proficiency level; and be it 
     further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President and Secretary of the United States 
     Senate, the Speaker and Clerk of the United States House of 
     Representatives, and members of Hawaii's congressional 
     delegation.
                                  ____

       POM-74. A concurrent resolution adopted by the Legislature 
     of the State of North Dakota relative to a human life 
     amendment to the Constitution of the United States; to the 
     Committee on the Judiciary.

                    House Concurrent Resolution 3017

       Whereas the Legislative Assembly finds that the state of 
     North Dakota has compelling and paramount interest in the 
     preservation and protection of the life of all human beings; 
     and
       Whereas the Legislative Assembly finds that the life of a 
     human being should be protected at every stage of biological 
     development; and
       Whereas the Legislative Assembly finds that abortion 
     procedures impose significant risks to the health and life of 
     a pregnant mother, including subjecting her to significant 
     risk of severe depression, suicidal ideation, suicide, 
     attempted suicide, posttrau-
     matic stress disorders, physical injury, and a greater risk 
     of death than risks associated with carrying the unborn child 
     to full term and childbirth; and
       Whereas the inalienable right to life is found not only in 
     the Declaration of Independence but also in the Constitution 
     of the United States which the senators and representatives 
     of Congress, the members of the several state legislatures, 
     and all federal and state executive and judicial officers are 
     sworn to preserve, protect, and defend; and
       Whereas the 5th and 14th Amendments to the Constitution of 
     the United States guarantee that no person may be deprived of 
     life without due process of law; and
       Whereas Congress has the power and responsibility to 
     enforce the guarantees contained in the 5th, 13th, and 14th 
     Amendments to the Constitution of the United States of 
     America, which guarantee to all persons the right not to be 
     deprived of life without due process of law, the right to the 
     equal protection of the law, and the right to be free from 
     involuntary servitude and the power to enforce such 
     guarantees include the power to expand the definition of 
     persons entitled to such guarantees; and
       Whereas abortion is a deprivation of the right to life and 
     the right to the equal protection of the law and is the 
     ultimate manifestation of the involuntary servitude of one 
     human being to another: Now, therefore, be it
       Resolved, by the House of Representatives of North Dakota, 
     the Senate concurring therein, That the Fifty-ninth 
     Legislative Assembly strongly urges the Congress of the 
     United States to pass and all state executive and judicial 
     officers to support an amendment to the Constitution of the 
     United States recognizing that the inalienable right to life 
     is vested in each human being and guaranteeing that no human 
     being may be deprived the equal protection of the law without 
     due process; and be it further
       Resolved, That the Secretary of State forward copies of 
     this resolution to each member of the North Dakota 
     Congressional Delegation, the Speaker of the United States 
     House of Representatives, the President of the United States 
     Senate, the Governor of North Dakota, and the Chief Justice 
     of the North Dakota Supreme Court.
                                  ____

       POM-75. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Republic of Poland and the 
     United States Department of State's Visa Waiver Program; to 
     the Committee on the Judiciary.
       Whereas the Republic of Poland is a free, democratic and 
     independent nation; and
       Whereas in 1999 the United States and the Republic of 
     Poland became formal allies when Poland was granted 
     membership in the North Atlantic Treaty Organization; and

[[Page 10952]]

       Whereas the Republic of Poland has proven to be an 
     indispensable ally in the global campaign against terrorism; 
     and
       Whereas the Republic of Poland has actively participated in 
     Operation Iraqi Freedom and the Iraqi reconstruction, 
     shedding blood along with American soldiers; and
       Whereas the President of the United States and other high-
     ranking officials have described the Republic of Poland as 
     ``one of our closest friends''; and
       Whereas on April 15, 1991, the Republic of Poland 
     unilaterally repealed the visa obligation to United States 
     citizens traveling to Poland; and
       Whereas the United States Department of State's Visa Waiver 
     Program currently allows approximately 23 million citizens 
     from 27 countries to travel to the United States for tourism 
     or business for up to 90 days without having to obtain visas 
     for entry; and
       Whereas the countries that currently participate in the 
     Visa Waiver Program include Andorra, Australia, Austria, 
     Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, 
     Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the 
     Netherlands, New Zealand, Norway, Portugal, San Marino, 
     Singapore, Slovenia, Spain, Sweden, Switzerland and the 
     United Kingdom; and
       Whereas it is appropriate that the Republic of Poland be 
     made eligible for the United States Department of State's 
     Visa Waiver Program: Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania respectfully urge the President 
     and Congress of the United States to make the Republic of 
     Poland eligible for the United States Department of State's 
     Visa Waiver Program; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress, to the member of Congress from 
     Pennsylvania and to Przemyslaw Grudzinski, Ambassador of the 
     Republic of Poland to the United States.
                                  ____

       POM-76. A joint resolution adopted by the Legislature of 
     the State of Idaho relative to the Radiation Exposure 
     Compensation Act (RECA); to the Committee on the Judiciary.
       Whereas on October 15, 1990, Congress passed the Radiation 
     Exposure Compensation Act (RECA), which provides for 
     compassionate payments to persons or to their beneficiaries 
     who developed diseases as a result of exposure to radiation 
     from U.S. atmospheric nuclear weapons testing; and
       Whereas currently, a study is underway by the National 
     Academy of Sciences and a report will be filed with Congress 
     to address the adequacy of the initial geographic coverage 
     provided in RECA; and
       Whereas compelling anecdotal evidence has been accumulated 
     at public meetings and in written reports, to indicate the 
     impact of atmospheric testing on the downwinder populations 
     in Idaho; and
       Whereas preliminary evidence suggests that scientific 
     documentation being gathered and assessed for inclusion in 
     the report will find that risk factors present in Idaho equal 
     or exceed the factors present in areas previously included in 
     RECA coverage; and
       Whereas members of Idaho's congressional delegation have 
     worked and will continue to press for responsible legislative 
     action to address the claims of Idahoans based upon radiation 
     exposure; and
       Whereas it is appropriate that members of the Idaho 
     Legislature, speaking on behalf of the citizens of the state, 
     express support for the efforts of Idaho's congressional 
     delegation in their representation of downwinders in Idaho: 
     Now, therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, That we anticipate the 
     findings of the National Academy of Sciences will verify the 
     impact of testing on residents of Idaho, and we conclude that 
     it is appropriate to compensate these downwinders in the same 
     manner and to the same extent as those individuals previously 
     compensated for similar exposures. We urge the members of 
     Idaho's congressional delegation to continue in their 
     endeavors on behalf of Idaho's citizens; and be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     State of Idaho in the Congress of the United States.
                                  ____

       POM-77. A resolution adopted by the Board of the Town of 
     Brookhaven of the State of New York relative to the 
     opposition of the elimination of the Community Development 
     Block Grant Program (CDBG); to the Committee on Banking, 
     Housing, and Urban Affairs.
                                  ____

       POM-78. A resolution adopted by the Mayor and City Council 
     of Atlanta, Georgia relative to proposed cuts in Community 
     Development Block Grant Funds (CDBG); to the Committee on 
     Banking, Housing, and Urban Affairs.
                                  ____

       POM-79. A resolution adopted by the City of Pembroke Pines, 
     Florida relative to the Community Development Block Grant 
     Program (CDBG); to the Committee on Banking, Housing, and 
     Urban Affairs.
                                  ____

       POM-80. A resolution adopted by the California State Lands 
     Commission relative to the lifting of the Federal Moratorium 
     on Oil and Gas Leasing off the California Coast; to the 
     Committee on Environment and Public Works.
                                  ____

       POM-81. A resolution adopted by Hudson County (New Jersey) 
     Board of Chosen Freeholders relative to the Passaic River 
     Restoration Initiative; to the Committee on Environment and 
     Public Works.
                                  ____

       POM-82. A resolution adopted by the Mayor and Council of 
     the Town of Harrison, Hudson County, New Jersey, relative to 
     the Passaic River Restoration Initiative; to the Committee on 
     Environment and Public Works.
                                  ____

       POM-83. A resolution adopted by the Macomb County Board of 
     Commissioners of the State of Michigan relative to the Social 
     Security program; to the Committee on Finance.
                                  ____

       POM-84. A resolution adopted by the Board of Directors of 
     the New Jersey Association of Counties relative to Perkins 
     Funding; to the Committee on Health, Education, Labor, and 
     Pensions.
                                  ____

       POM-85. A resolution adopted by the Board of Directors of 
     the New Jersey Association of Counties relative to the 
     Community Development Block Grant Program (CDBG); to the 
     Committee on Health, Education, Labor, and Pensions.
                                  ____

       POM-86. A resolution adopted by the Borough of Maywood, 
     State of New Jersey relative to cloture rules adopted by the 
     United States Senate; to the Committee on Rules and 
     Administration.

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