[Congressional Record (Bound Edition), Volume 152 (2006), Part 17]
[Senate]
[Pages 21982-21986]
[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-430. A resolution adopted by the Senate of Pennsylvania 
     relative to the Federal Aviation Administration's proposed 
     air traffic diversion plan; to the Committee on Commerce, 
     Science, and Transportation.

                           Senate Resolution

       Whereas, the Senate of the Commonwealth of Pennsylvania 
     recognizes the Federal Aviation Administration's plan to 
     divert substantial air traffic from the Philadelphia 
     International Airport over Delaware County, Pennsylvania; and
       Whereas, Philadelphia International Airport air traffic 
     presently travels over the Delaware River, with minimal 
     impact on air pollution and noise pollution and minimal 
     danger of catastrophic aircraft disaster to residents of 
     Delaware County communities; and
       Whereas, Delaware County comprises 49 municipalities and 
     has an approximate population of 550,000 people; and
       Whereas, Delaware County is the fourth most populous county 
     in the Commonwealth of Pennsylvania; and
       Whereas, diverting Philadelphia International Airport air 
     traffic over Delaware County potentially increases air and 
     noise pollution by 925% in residential areas, subjects 
     residents to the danger of falling debris as a result of an 
     aircraft disaster and threatens hundreds of wildlife species 
     inhabiting the John Heinz National Wildlife Refuge; and
       Whereas, over 4,000 residents of Delaware County have 
     signed petitions objecting to the Federal Aviation 
     Administration's plan to divert air traffic over their homes 
     and schools; and
       Whereas, the Federal Aviation Administration has not fully 
     provided residents and government officials an opportunity to 
     offer meaningful comment or input on its plan to change 
     flight patterns over Delaware County; Now, therefore, be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania call on the Federal Aviation Administration to 
     conduct at least three public hearings throughout Delaware 
     County to properly inform residents and government officials 
     of the Federal Aviation Administration's proposed air traffic 
     diversion plan, to explore the health, safety and impact on 
     quality of life by diverting air traffic over a densely 
     populated residential area, to afford residents and 
     government officials an opportunity to provide meaningful 
     comment on the plan and to obtain additional input on the 
     environmental impact of its flight diversion plan; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania and to the Federal 
     Aviation Administration's Eastern Region Air Traffic 
     Division, 1 Aviation Plaza, Jamaica, NY 11434-4809.
                                  ____

       POM-431. A concurrent resolution adopted by the 
     Pennsylvania House of Representatives relative to the Federal 
     Aviation Administration's proposed air traffic diversion 
     plan; to the Committee on Commerce, Science, and 
     Transportation.

                        House Resolution No. 836

       Whereas, the House of Representatives of the Commonwealth 
     of Pennsylvania recognizes the Federal Aviation 
     Administration's plan to divert substantial air traffic from 
     the Philadelphia International Airport over Delaware County, 
     Pennsylvania; and
       Whereas, Philadelphia International Airport air traffic 
     presently travels over the Delaware River, with minimal 
     impact on air pollution and noise pollution and minimal 
     danger of catastrophic aircraft disaster to residents of 
     Delaware County communities; and
       Whereas, Delaware County comprises 49 municipalities and 
     has an approximate population of 550,000 people; and
       Whereas, Delaware County is the fourth most populous county 
     in the Commonwealth of Pennsylvania; and
       Whereas, diverting Philadelphia International Airport air 
     traffic over Delaware County potentially increases air and 
     noise pollution by 925% in residential areas, subjects 
     residents to the danger of falling debris as a result of an 
     aircraft disaster and threatens hundreds of wildlife species 
     inhabiting the John Heinz National Wildlife Refuge; and
       Whereas, over 4,000 residents of Delaware County have 
     signed petitions objecting to the Federal Aviation 
     Administration's plan to divert air traffic over their homes 
     and schools; and
       Whereas, the Federal Aviation Administration has not fully 
     provided residents and government officials an opportunity to 
     offer meaningful comment or input on its plan to change 
     flight patterns over Delaware County; therefore, Now, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania call on the Federal Aviation 
     Administration to conduct at least three public hearings 
     throughout Delaware County to properly inform residents and 
     government officials of the Federal Aviation Administration's 
     proposed air traffic diversion plan, to explore the health, 
     safety and impact on quality of life by diverting air traffic 
     over a densely populated residential area, to afford 
     residents and government officials an opportunity to provide 
     meaningful comment on the plan and to obtain additional input 
     on the environmental impact of its flight diversion plan; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania and to the Federal 
     Aviation Administration's Eastern Region Air Traffic 
     Division, 1 Aviation Plaza, Jamaica, NY 11434-4809.
                                  ____

       POM-432. A joint resolution adopted by the California 
     Legislature relative to amending the Federal Railroad Safety 
     Act; to the Committee on Commerce, Science, and 
     Transportation.

                     Senate Joint Resolution No. 13

       Whereas, the transportation of freight and passengers by 
     railroad has been an integral part of California's economic 
     infrastructure for nearly 150 years, and remains central to a 
     vibrant economy that Californians hope to continue to enjoy 
     in the 21st century; and
       Whereas, the regulation of railroad operations is a major 
     objective of California government in order to ensure and 
     promote the health and safety of California's communities and 
     its residents; and
       Whereas, there has been a significant increase in the past 
     10 years in the number of derailments and accidents on 
     California railways, resulting in injuries, death, and damage 
     within communities where railways exist, and leading to 
     growing attention and concern throughout the country; and
       Whereas, the Federal Railroad Safety Act was intended to 
     promote safety in every area of railroad operations and 
     reduce railroad-related accidents and incidents, and has 
     sharply restricted the authority of California and the other 
     states to address rail safety issues, through a broad 
     preemption of state laws; and
       Whereas, the Federal Railroad Safety Act nevertheless was 
     intended to provide for cooperative state and federal 
     activity to prevent accidents and reduce their severity when 
     they do occur, including allowing states to act where federal 
     officials have not, providing concurrent state safety 
     jurisdiction over railroads at essentially local safety 
     hazards within states, and authorizing delegations of 
     authority to state officials by the Federal Railway 
     Administration; and
       Whereas, Federal courts have consistently failed to find 
     local safety hazards that would permit California to 
     effectively regulate railway safety so as to anticipate and 
     prevent accidents; and
       Whereas, the Federal Railroad Administration has failed to 
     institute the necessary rulemakings to develop safety 
     regulations that fully protect California's communities and 
     their residents from railroad derailments, hazardous 
     materials spills, and highway-rail crossing accidents that 
     result in injuries, death, and damage within communities 
     where railways exist; and where the Federal Railroad 
     Administration has exercised jurisdiction, it has precluded 
     states from providing the public with greater safety 
     protections and from reducing the number and severity of 
     railroad derailments, hazardous materials spills, and 
     highway-rail crossing accidents within their jurisdictions; 
     and
       Whereas, the Federal government has failed to develop 
     comprehensive plans to protect the public health and safety 
     and to effectively fund railway safety programs; and
       Whereas, California has a history of working with the 
     Federal Railroad Administration in coordinating inspections, 
     and has established and funded extensive railway safety 
     programs; and
       Whereas, there now exists a clear need to amend federal law 
     in order to empower California officials to protect the 
     public health and safety and to continue to build on the

[[Page 21983]]

     cooperation between California and federal rail safety 
     officials; Now, therefore, be it
       Resolved, by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California urges the President and the Congress of the United 
     States to amend the Federal Railroad Safety Act to increase 
     the authority of state and local governments to enact 
     railroad safety regulations providing greater protection for 
     their residents from railroad derailments, hazardous 
     materials spills, and highway-rail crossing accidents, so 
     long as the state enactments, rules, or regulations do not 
     conflict with federal law and do not impose an unreasonable 
     burden on interstate commerce; and be it further
       Resolved, That the Federal Railroad Administration is urged 
     to work cooperatively with California and the railroad 
     corporations by increasing its staff and funding, and by 
     delegating additional authority to California officials to 
     promulgate and enforce standards relating to railway track, 
     operations, and equipment that will prevent and reduce the 
     severity of accidents, derailments, and hazardous materials 
     spills; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-433. A concurrent resolution adopted by the 
     Pennsylvania House of Representatives relative to urging the 
     Pennsylvania Congressional Delegation to support legislation 
     calling for Federal approval of the extension of the Lewis 
     and Clark National Historic Trail; to the Committee on Energy 
     and Natural Resources.

                        House Resolution No. 676

       Whereas, the Lewis and Clark Expedition was conceptualized 
     by President Thomas Jefferson, who appointed his personal 
     secretary, Meriwether Lewis, to lead the expedition; and
       Whereas, Meriwether Lewis spent the early months of 1803 in 
     southeastern Pennsylvania, where he trained with the official 
     Surveyor of the United States, Andrew Ellicott, in Lancaster 
     County and received instruction in celestial navigation; was 
     tutored in botany by Benjamin Smith Barton, professor of 
     natural history and botany at the University of Pennsylvania 
     in Philadelphia; gained know1edge of latitude and longitude, 
     botany and fossils from University of Pennsylvania's vice-
     provost and professor of mathematics and natural philosophy, 
     Robert Patterson; received advice on health standards to 
     maintain on the trail, diet and internal cleansing from Dr. 
     Benjamin Rush, professor at the University of Pennsylvania's 
     Institute of Medicine and Clinical Practice; and studied 
     paleontology and anatomy with Caspar Wistar, another noted 
     Philadelphian; and
       Whereas, Meriwether Lewis purchased more than 3,500 pounds 
     of equipment and merchandise from 28 Philadelphia merchants 
     and artisan manufacturers providing life necessities for the 
     28-month venture, including portable shelter, clothing, 
     illumination, Indian trading goods, weapons, powder and ball, 
     health maintenance items, emergency food, navigational and 
     cartographic instruments, construction tools and packing 
     boxes, and all was loaded in a Conestoga wagon along with 
     supplies requisitioned at the United States Arsenal, also 
     known as Schuylkill Arsenal, for shipment to Pittsburgh; and
       Whereas, renowned Philadelphia clock and gun maker Isaiah 
     Lukens provided Meriwether Lewis with a compressed air rifle 
     he made which became a showpiece of the expedition: the stock 
     of the pneumatic rifle served as an air reservoir to shoot 
     its .31 caliber bullet, producing no smoke and little noise 
     and using no black powder, an astounding innovation during an 
     era when ``keep your powder dry'' was a hallmark admonition 
     to outdoorsmen; and
       Whereas, after obtaining more equipment, including his iron 
     frame boat, from the United States Army Arsenal in Harpers 
     Ferry, Virginia, and hiring a wagon and horses in 
     Fredericktown, Maryland, Meriwether Lewis traveled with his 
     second wagon through Uniontown, Pennsylvania, and finally 
     reached Redstone Old Fort (now Brownsville, Fayette County); 
     and
       Whereas, Meriwether Lewis arrived in Pittsburgh on July 15, 
     1803, where he received a letter from President Thomas 
     Jefferson informing him that the United States had acquired 
     the Louisiana Purchase from France; and
       Whereas, on August 31, 1803, Meriwether Lewis departed 
     Pittsburgh at 10 a.m. in a pirogue and a 55-foot masted 
     keelboat built either by Captain John Walker at the Bayard's 
     boat yard in Elizabeth, or by Eliphalet Beebe at a boatyard 
     operated by John Tarascon and James Berthoud on land owned by 
     William Greenough, near what is now the north end of the 
     Liberty Bridge in Pittsburgh; and
       Whereas, after launching the crafts with a party of 11 men, 
     Meriwether Lewis traveled three miles down the Ohio River to 
     Brunot Island where he demonstrated his air rifle, and then 
     proceeded downriver to McKees Rock, where the water had 
     fallen so low that the crew was forced to raise the boat for 
     30 yards; and
       Whereas, Meriwether Lewis and his party continued downriver 
     until the pirogue began to leak, forcing him to purchase a 
     canoe at Georgetown, Beaver County, before continuing to 
     Wheeling, West Virginia, where supplies from Pittsburgh were 
     loaded; and
       Whereas, on October 15, 1803, Meriwether Lewis and William 
     Clark met in Louisville, Kentucky, and continued their 
     expedition west with their Corps of Discovery on a quest to 
     find and map a transcontinental water route to the Pacific 
     Ocean; and
       Whereas, the expedition reached the Pacific Ocean in 
     November 1805 and built Fort Clatsop on the south side of the 
     Columbia River in Oregon; and
       Whereas, Meriwether Lewis returned in April 1807 to 
     Philadelphia where he commissioned John James Barralet to 
     paint a likeness of the Great Falls of the Missouri; arranged 
     for noted horticulturist William Hamilton to propagate seeds 
     gathered in the West at the renowned greenhouses adjacent to 
     Hamilton's residence, The Woodlands; sat for a portrait 
     painted by Charles Willson Peale; worked with preeminent 
     ornithologist Alexander Wilson, who arranged the painting of 
     four birds the Corps of Discovery found in the West--Lewis's 
     woodpecker, Clark's nutcracker, the western tanager and the 
     black-billed magpie; and
       Whereas, the expedition led by Meriwether Lewis and William 
     Clark ``from sea to shining sea'' mapped a western route and 
     resulted in the discovery of hundreds of species new to 
     science and collection of natural history specimens; and
       Whereas, the Academy of Natural Sciences in Philadelphia 
     houses 226 of these original plant specimens, still mounted 
     on the original sheets of linen paper and labeled in the 
     handwriting of Meriwether Lewis; and
       Whereas, a journal kept by Meriwether Lewis during the 
     expedition, contained in 18 small notebooks, was edited by 
     Philadelphia literary figure Nicholas Biddle, with the final 
     revision completed by Paul Allen before its publication by 
     the Philadelphia firm of Bradford and Inskeep in 1814 as 
     ``History of the Expedition under the Command of Captains 
     Lewis and Clark to the Sources of the Missouri, Thence Across 
     the Rocky Mountains and Down the River Columbia to the 
     Pacific Ocean''; original journals of Meriwether Lewis and 
     William Clark are held by the American Philosophical Society 
     Library in Philadelphia; and
       Whereas, while the Lewis and Clark National Historic Trail 
     currently begins at Camp River Dubois near Hartford, 
     Illinois, and continues through 11 states, ending in Oregon, 
     the significant representation of the Commonwealth of 
     Pennsylvania and many Pennsylvanians in the planning and 
     preparations which launched the Lewis and Clark search for 
     the Gateway to the West and in the expansion of knowledge 
     from the expedition which is recognized as a foundation of 
     our American heritage is not included in the Lewis and Clark 
     National Historic Trail; and
       Whereas, the General Assembly of the Commonwealth of 
     Pennsylvania joins the Lewis and Clark Trail Heritage 
     Foundation in supporting the recognition of a continuous 
     Lewis and Clark National Historic Trail which would include 
     nine additional eastern states of Pennsylvania, Delaware, 
     Maryland, Virginia, West Virginia, Ohio, Kentucky, Indiana 
     and Tennessee and the District of Columbia and would complete 
     the story of the expedition and expose a broader base of 
     Americans to the educational and cultural aspects of the 
     expedition; Now, therefore be, it
       Resolved, (the Senate concurring), That the General 
     Assembly of the Commonwealth of Pennsylvania memorialize the 
     Pennsylvania Congressional Delegation to support legislation 
     calling for Federal approval of the extension of the Lewis 
     and Clark National Historic Trail; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     each member of the Pennsylvania Congressional Delegation.
                                  ____

       POM-434. A resolution adopted by the Pennsylvania House of 
     Representatives relative to urging the President and Congress 
     of the United States to enact bills that would add denatonium 
     benzoate to antifreeze containing ethylene glycol; to the 
     Committee on Energy and Natural Resources.

                        House Resolution No. 835

       Whereas, each year a number of adults intentionally ingest 
     antifreeze to commit suicide; and
       Whereas, each year a number of children are accidentally 
     exposed to antifreeze left unattended or in open containers; 
     and
       Whereas, pets and other animals can die from ingesting 
     antifreeze that has leaked, spilled or been left in 
     improperly secured containers in a garage or driveway; and
       Whereas, the National Safety Council, the American Medical 
     Association and the American Association of Poison Control 
     Centers have noted that the addition of a nontoxic bittering 
     agent can make antifreeze so unpalatable that adults, 
     children and animals will reject these products upon tasting 
     them, preventing injury and death; and
       Whereas, legislation, in the form of S. 1110 and H.R. 2567, 
     has been introduced in the 109th Congress to require the 
     inclusion of denatonium benzoate at a minimum of 30 parts per 
     million as a bittering agent to any engine coolant or 
     antifreeze that contains more than 10% ethylene glycol; and

[[Page 21984]]

       Whereas, the Doris Day Animal League, the Humane Society of 
     the United States, the American Veterinary Medical 
     Association, the Society for Animal Protective Legislation, 
     the Pet Food Institute, the United States Conference of 
     Mayors, the Consumer Specialty Products Association and the 
     retail antifreeze industry have endorsed the proposed 
     legislation with the goal of protecting consumers and animals 
     and
       Whereas, the House of Representatives of the Commonwealth 
     of Pennsylvania supports protecting the health and safety of 
     adults, children and animals through the inclusion of a 
     bittering agent in ethylene glycol-based antifreeze; Now, 
     therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and Congress 
     of the United States to protect adults, children and animals 
     by enacting legislation, S. 1110 or H.R. 2567, to require the 
     addition of denatonium benzoate to antifreeze containing 
     ethylene glycol; and be it further
       Resolved, That the House of Representatives urge the 
     Pennsylvania Congressional Delegation to protect adults, 
     children and animals by supporting enactment of this 
     legislation; and be it further
       Resolved, That the House of Representatives urge the 
     President of the United States to advance this legislation to 
     protect adults, children and animals; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-435. A joint resolution adopted by the California 
     Legislature relative to urging the Administrator of the 
     Environmental Protection Agency to adopt federal regulations 
     limiting emissions from marine vessels, locomotives, and 
     aircraft; to the Committee on Environment and Public Works.

                     Senate Joint Resolution No. 31

       Whereas, California is a global gateway for trade, with 
     more than 40 percent of all of the goods imported to the 
     United States entering through California's ports; and
       Whereas, growth in the movement of goods through 
     California's ports is projected to double or triple over the 
     next 25 years; and
       Whereas, toxic diesel air pollution from goods movement 
     sources, such as marine vessels and locomotives, will 
     increase in the face of this growth, unless more protective 
     control actions are undertaken; and
       Whereas,the International Maritime Organization (IMO), and 
     agency of the United Nations, has established initial smog-
     forming NOx emissions limitations and fuel sulfur 
     specifications for oceangoing vessels, and the United States 
     Environmental Protection Agency (EPA) has adopted emission 
     standards for new locomotives, new trucks, and some vessels; 
     and
       Whereas, current international and federal standards 
     governing air pollution from port-related sources are not 
     sufficient to support attainment of federal health-based air 
     quality standards in areas with growing emissions from port-
     related sources; and
       Whereas, rules adopted by the EPA and the IMO have not 
     adequately reduced emissions from sources associated with the 
     ports; and
       Whereas, the EPA has not regulated emissions from foreign 
     flag vessels. The vast majority of oceangoing vessels calling 
     on local ports, over 90 percent, are foreign flagged; and
       Whereas, the EPA stated that it will consider adopting 
     emission standards for foreign flag vessels in 2007; and
       Whereas, the IMO emissions and fuel standards for foreign 
     flag vessels are particularly weak. IMO smog-forming 
     NOx standards for new ``Category 3'' vessels will 
     achieve only a 6-percent reduction in emissions. IMO fuel 
     rules allow extraordinarily high levels of sulfur content; 
     and
       Whereas, Federal emission standards for locomotives are 
     relatively lenient. Even the newest locomotives must only 
     achieve a 57-percent reduction in NOx emissions. 
     In contrast, most onroad and stationary sources are 
     controlled to over 90 percent. EPA has stated it intends to 
     adopt more stringent locomotive emission standards in 2006; 
     and
       Whereas, port-related sources emit substantial and growing 
     quantities of smog-forming nitrogen oxides and other air 
     contaminants; and
       Whereas, locomotives and marine vessels emit diesel 
     exhaust, a toxic air contaminant; and
       Whereas, diesel emissions are responsible for 70 percent of 
     the cancer risk from air toxics emissions in California; and
       Whereas, the EPA has stated that diesel exhaust is likely 
     to be carcinogenic for humans; and
       Whereas, part or all of 474 counties in 32 states are 
     classified nonattainment for either failing to meet the new 
     eight-hour federal ozone standard or for causing a downwind 
     county to fail to meet that standard; and
       Whereas, one hundred fifty-nine million people nationwide 
     live in areas that do not meet the new eight-hour federal 
     ozone standard; and
       Whereas, all areas of the country could benefit from the 
     reduction in emissions of toxic air contaminants from 
     locomotives, and many areas would benefit from reduction in 
     those emissions from marine vessels; and
       Whereas, emissions from mobile sources, including 
     locomotives, marine vessels, and aircraft, are preventing 
     California from achieving state and federal clean air 
     standards; and
       Whereas, the EPA has authority to adopt regulations 
     establishing emissions standards for marine vessels, 
     locomotives, and aircraft; and
       Whereas, Federal law mandates that the state adopt rules to 
     attain national ambient air quality standards, but limits 
     state and local authority to adopt certain regulations 
     establishing emissions standards for aircraft, new 
     locomotives, and new locomotive engines; and
       Whereas, Federal regulations define new locomotives and new 
     locomotive engines to include remanufactured locomotives and 
     engines so as to restrict state authority to adopt some 
     regulations establishing emissions standards for these older 
     locomotives; and
       Whereas, locomotives have extremely long useful lives and 
     older locomotives emit air contaminants at relatively high 
     rates; and
       Whereas, State and local governments seeking to control 
     emissions from marine vessels have faced arguments by vessel 
     operators that state and local governments lack authority to 
     adopt laws establishing emission limits for foreign flag 
     vessels; and
       Whereas, stringent regulations in California have reduced 
     emissions by over 90 percent from most significant stationary 
     sources and from motor vehicles and other mobile sources 
     under the jurisdiction of state and local authorities in 
     California, but locomotives, marine vessels, and aircraft 
     have been controlled far less stringently by the Federal 
     government, and have not achieved their fair share of 
     emission reductions needed to meet State and Federal clean 
     air standards; and
       Whereas, until locomotives, marine vessels, and aircraft 
     are required to achieve their fair share of emission 
     reductions, other mobile sources such as passenger cars, 
     buses, and commercial trucks, as well as stationary sources, 
     including large and small businesses in California will have 
     to make up the difference; and
       Whereas, the ports have developed ambitious programs and 
     plans but, to date, they have not rolled back emissions or 
     even arrested emissions growth. Both the Port of Los Angeles 
     and the Port of Long Beach have developed emission control 
     programs and plans that will help mitigate air quality 
     impacts, but the fact remains that the ports continue to be 
     sources of singularly large and growing quantities of diesel 
     emissions; Now, therefore, be it
       Resolved, by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature respectfully 
     memorializes the Administrator of the EPA urging the 
     administrator to adopt Federal regulations limiting emissions 
     from marine vessels, locomotives, and aircraft in order to 
     achieve healthful air quality in California and other areas 
     with air quality problems; and be it further
       Resolved, That those Federal regulations mandate use and 
     improvement of state-of-the-art emission control and 
     prevention technologies at the earliest feasible date, be 
     comparably stringent to State and local air pollution control 
     requirements so that operators of locomotives, marine 
     vessels, and aircraft contribute their fair share to support 
     air quality attainment plans, and implement Congress' intent 
     that State and local air quality authorities be allowed to 
     adopt rules establishing emissions standards for 
     remanufactured locomotives; and be it further
       Resolved, That the Legislature respectfully encourages the 
     EPA to pursue more protective regulations and incentive 
     programs to reduce substantially the emissions from marine 
     vessels, including domestic and foreign flagged vessels, 
     locomotives, and aircraft, with the level of emissions 
     sufficiently reduced to help regions polluted by trade-
     related diesel emissions attain Federal health-based 
     standards by the dates required by the Clean Air Act, Federal 
     regulations, and corresponding State implementation plans; 
     and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to each Senator and Representative from 
     California in the Congress of the United States, to the 
     United States Environmental Protections Agency, to the United 
     States Coast Guard, and to the author for appropriate 
     distribution.
                                  ____

       POM-436. A resolution adopted by the Massachusetts State 
     Senate relative to memorializing the fiftieth anniversary of 
     the 1965 Hungarian Revolution for Freedom and Democracy; to 
     the Committee on Foreign Relations.

                           Senate Resolution

       Whereas, following World War II, the Soviet Union occupied 
     Hungary and forced an anti-democratic and brutal government 
     upon the people of Hungary; and
       Whereas, on October 23, 1956, Hungarian freedom fighters, 
     the Time magazine 1956 ``Man of the Year'', took up arms in 
     Hungary to establish a democratic government and

[[Page 21985]]

     free the people of Hungary from oppression by ending the 
     political and economic domination by the communist government 
     and the Soviet Union; and
       Whereas, the people of Hungary fought valiantly but alone, 
     and in the course of the uprising thousands gave their lives, 
     thousands were imprisoned, and over 150,000 escaped, many to 
     the United States, including Massachusetts; and
       Whereas, in 1956, the brave Hungarians were the first to 
     rebel against the totalitarian and oppressive communist 
     government and their sacrifices exposed the weaknesses of the 
     communist system; and
       Whereas, the Hungarians in 1989 were again instrumental in 
     the collapse of communism as they dismantled the Iron Curtain 
     and allowed the East Germans to leave Eastern Europe through 
     Hungary, actions that eventually led to the fall of the 
     Berlin Wall; and
       Whereas, the sacrifices of the Hungarians in 1956 were not 
     in vain, as they ultimately led to the collapse of most of 
     the communist systems of the world and freedom for hundreds 
     of millions of people; and
       Whereas, the Massachusetts Senate supports the current 
     efforts of people of all nations to assert the right of self-
     determination and other basic human rights for which the 
     Hungarian people bravely fought in 1956; and
       Whereas, October 23, 2006, is the 50th anniversary of the 
     ultimately successful uprising of the people of Hungary, 
     which still serves as an example that sacrifices must be made 
     for the freedom and democracy; now therefore be it
       Resolved, that the Massachusetts Senate commends the people 
     of Hungary for their sacrifices for freedom and democracy, 
     and joins in celebrating October 23, 2006, as ``Hungarian 
     Freedom Fighters' Day'' in the Commonwealth; and be it 
     further
       Resolved, that a copy of these resolutions be transmitted 
     forthwith by the Clerk of the Senate to Honorary Consul Gabor 
     Garai, to each member of the Massachusetts Congressional 
     Delegation, the Honorable George H. Walker, United States 
     Ambassador to Hungary, and the Honorable Andras Simonyi, the 
     Ambassador of Hungary to the United States.
                                  ____

       POM-437. A resolution adopted by the Michigan Senate 
     relative to urging Congress to support the National Cancer 
     Institute's plan to eliminate suffering and death from cancer 
     by the year 2015; to the Committee on Health, Education, 
     Labor, and Pensions.

                       Senate Resolution No. 152

       Whereas, each year more than 1.4 million Americans are 
     diagnosed with cancer. One out of every two men and one out 
     of every three women will be diagnosed with cancer in their 
     lifetimes. In 1971, Congress began the battle against cancer 
     with enactment of the National Cancer Act and creation of the 
     National Cancer Institute within the National Institutes of 
     Health. The foundation laid by their foresight puts the 
     nation in position to aggressively enter the final stages of 
     the fight against cancer. Sixty designated cancer research 
     centers have been established across the country by the 
     National Cancer Institute. These centers have the capacity to 
     share knowledge with each other and solve problems in real 
     time through advances in computer technology as well as work 
     collaboratively with researchers in other disciplines, such 
     as engineering, to develop the technologies needed to fight 
     cancer; and
       Whereas, scientific research on the human genome and 
     proteins have led to breakthroughs in our understanding of 
     the molecular changes that cause cancer and differences 
     between the same cancers in different patients. This 
     understanding makes it possible to design therapies that 
     target the cancer and bypass healthy tissues that will 
     eliminate the suffering caused by collateral damage to normal 
     tissues from chemotherapy and radiation treatment. Therapies 
     can also be modified to account for the cancer's response to 
     a given treatment in individual patients. Doctors believe it 
     is within their grasp to cure or manage cancer similar to 
     other chronic diseases that a person can live with and not 
     necessarily die from; and
       Whereas, concurrent advances in imaging technologies and 
     knowledge networking mean scientists and doctors will be able 
     to see and assess the impact of treatment within days and not 
     have to wait months or years to know the outcome. Imaging 
     technologies now show not only the physical size, shape, and 
     location of cancer tissue, but can also show the function of 
     the tissue. Thus, doctors may apply a treatment targeting the 
     abnormal cells that make up the cancer tissue and be able to 
     see within 24 to 48 hours whether the treatment is altering 
     function in the expected way. Knowledge networking through 
     computers in real time means scientists and doctors working 
     across the country at the 60 centers sponsored by the 
     National Cancer Institute can share what they have learned. 
     This will be particularly valuable with rare forms of cancer 
     as doctors will pool their experience with patients being 
     treated in different centers; and
       Whereas, tremendous advances in the treatment and cure of 
     cancer have been achievcd in the past 35 years, and this 
     nation has never shied away from bold goals to advance 
     science and technology. The director of the National Cancer 
     Institute has shown great leadership, enthusiasm, and 
     optimism for being able to harness what we know and catapult 
     the scientific and clinical communities forward through the 
     final stage of the battle against cancer; Now, therefore, be 
     it
       Resolved by the Senate, That we memorialize Congress to 
     support the National Cancer Institute's plan to eliminate 
     suffering and death from cancer by the year 2015; 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-438. A joint resolution adopted by the California 
     Legislature relative to urging Congress and the President to 
     enact the Microbicide Development Act; to the Committee on 
     Health, Education, Labor, and Pensions.

                     Senate Joint Resolution No. 22

       Whereas, microbicides are a promising new prevention tool 
     that could slow down the spread of the HIV/AIDS epidemic in 
     the United States and around the world; and
       Whereas, women and girls are the new face of HIV/AIDS and 
     account for almost one-half of the 37 million adults living 
     with HIV and AIDS worldwide as of 2005, and approximately 
     7,000 women are infected with HIV each day; and
       Whereas, in California, women comprise about 8 percent of 
     all reported AIDS cases, yet are the fastest growing 
     population with AIDS, and sex with an HIV-infected male is 
     the most common route of transmission; and
       Whereas, AIDS is now the number one cause of death among 
     African-American women between the ages of 25 and 34 years; 
     and
       Whereas, the United States has the highest rates of 
     sexually transmitted diseases of any industrialized nation, 
     with more than 19 million new STD infections every year; and
       Whereas, it is estimated that by age 25 one-half of all 
     sexually active people in the United States can expect to be 
     infected with a STD; and
       Whereas, HIV and AIDS result in direct medical costs of 
     more than $15 billion per year and the pandemic undermines 
     our economy and security; and
       Whereas, microbicides may be formulated as gels, creams, or 
     rings to inactivate, block, or otherwise interfere with the 
     transmission of the pathogens that cause AIDS and other STDs, 
     allowing women to protect themselves from disease; and
       Whereas, unlike current HIV prevention methods, 
     microbicides would allow women to both conceive children and 
     protect themselves from HIV and STDs; and
       Whereas, the microbicide field has achieved an 
     extraordinary amount of scientific momentum, with several 
     first-generation candidates now in large scale human trials 
     around the world; and
       Whereas, microbicides are a classic public health good, for 
     which the social benefits are high but the economic incentive 
     to private investment is low and, like other public health 
     goods such as vaccines, public funding must fill the gap; and
       Whereas, the federal government needs to make a strong 
     commitment to microbicides research and development, and 
     while three agencies--the National Institutes of Health 
     (NIH), the Centers for Disease Control and Prevention (CDC), 
     and the United States Agency for International Development 
     (USAID)--have played important roles, further strong, well-
     coordinated, and visible public sector leadership is 
     essential for the promise of microbicides to be fully 
     realized; and
       Whereas, in 2005, NIH spent less than 2 percent of its HIV/
     AIDS research budget on microbicides, and that funding level 
     is inadequate; and
       Whereas, HIV and STD prevention strategies must recognize 
     women's unique needs and vulnerabilities if women are to have 
     a genuine opportunity to protect themselves, and their best 
     opinion is the rapid development of new HIV prevention 
     techniques such as microbicides; Now, therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature memorializes the 
     United States Congress and the President and the United 
     States to enact the Microbicide Development Act (S. 550 and 
     H.R. 3854), which would amend the Public Health Service Act 
     to facilitate the development of microbicides for preventing 
     the transmission of HIV and other diseases, and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Speaker of the House of Representatives, 
     the Majority Leader of the Senate, and each Senator and 
     Representative from California in the Congress of the United 
     States.
                                  ____

       POM-439. A joint resolution adopted by the California 
     Legislature relative to urging Congress to place a statue of 
     former President Ronald Reagan next to the statue of Father 
     Junipero Serra in the Congressional collection representing 
     California; to the Committee on the Judiciary.

[[Page 21986]]



                     Senate Joint Resolution No. 3

       Whereas, by act of the Congress of the United States, each 
     state is invited to provide two statues of distinguished 
     citizens for display in the United States Capitol; and
       Whereas, California, in years past, provided two statues of 
     notable citizens that have been displayed in the United 
     States Capitol since 1931; and
       Whereas, one of the those statues is of Thomas Starr King, 
     known as ``the orator who saved the nation.'' He spoke out 
     fervently in favor of the union during the Civil War and is 
     credited with saving California from becoming a separate 
     republic; and
       Whereas, Thomas Starr King can best be memorialized by 
     locating his statute in a place of honor in the Capitol of 
     California where citizens and visitors can enjoy it and be 
     reminded of his significant historical impact upon our state; 
     and
       Whereas, California has a citizen, Ronald Wilson Reagan, 
     who is exceptionally worthy of national commemoration. He 
     stands alone in California history as beloved actor, 
     President of the Screen Actors Guild, two-term Governor of 
     California, and two-term President of the United States; and
       Whereas, affectionately known as the ``Great 
     Communicator,'' Ronald Wilson Reagan served as the 40th 
     President of the United States and was the first Governor of 
     California to be elected President of the United States; and
       Whereas, the people of California wish to place a statue of 
     Ronald Wilson Reagan in Statuary Hall in the United States 
     Capitol, with the statue being provided by the citizens of 
     California through the efforts of the Ronald Reagan 
     Presidential Foundation; and
       Whereas, the Ronald Reagan Presidential Foundation shall 
     select a commission to represent the state in selecting the 
     sculptor or sculptors to sculpt the statue and obtain the 
     necessary funds to carry out this resolution; and
       Whereas, the Ronald Reagan Presidential Foundation shall be 
     responsible for all of the following:
       (a) Forming a commission to select the sculptor or 
     sculptors.
       (b) Paying the sculptor or sculptors to carve or cast the 
     statue.
       (c) Creating a pedestal and desired inscription.
       (d) Transporting the statue and pedestal to the United 
     States Capitol.
       (e) Removing and transporting the replaced statue of Thomas 
     Starr King back to the California State Capitol.
       (f) Temporarily erecting the new statue of Ronald Wilson 
     Reagan in the Rotunda of the United States Capitol for the 
     unveiling ceremony.
       (g) Paying the expenses related to the unveiling ceremony 
     and any other expenses that the commission may find necessary 
     to incur in implementing this resolution; Now, therefore, be 
     it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California respectfully memorializes the Congress of the 
     United States to place a statute of Ronald Wilson Reagan 
     alongside the statute of Father Junipero Serra in the 
     Congressional collection representing the State of 
     California; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-440. A resolution adopted by the Tompkins County 
     Legislature of the State of New York relative to urging the 
     federal government to commence a humane, orderly, and 
     comprehensive withdrawal of United States military personnel 
     and bases from Iraq; to the Committee on Armed Services.
                                  ____

       POM-441. A resolution adopted by the Lauderdale Lakes City 
     Commission of the State of Florida relative to opposing the 
     enactment of the Communications, Opportunity, Promotion, and 
     Enhancement Act of 2006; to the Committee on Commerce, 
     Science, and Transportation.
                                  ____

       POM-442. A resolution adopted by the Macomb County Board of 
     Commissioners of the State of Michigan relative to urging 
     full federal funding to complete construction and ensure 
     permanent operation and maintenance of both electrical 
     barriers in the Chicago Sanitary and Ship Canal to protect 
     the Great Lakes from Asian carp; to the Committee on 
     Environment and Public Works.

                          ____________________