[Congressional Record (Bound Edition), Volume 153 (2007), Part 11]
[Senate]
[Pages 15104-15108]
[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-101. A concurrent resolution adopted by the House of 
     Representatives of the State of Louisiana urging Congress to 
     take such actions as are necessary to continue the current 
     United States sugar program in the 2007 Farm Bill; to the 
     Committee on Agriculture, Nutrition, and Forestry.

                   House Concurrent Resolution No. 83

       Whereas, Louisiana farmers have produced sugarcane for more 
     than two hundred years; and
       Whereas, Louisiana's sugarcane industry employs 
     approximately twenty-seven thousand people and contributes 
     more than 1.7 billion dollars to the state's economy; and
       Whereas, the state's sugar producers were severely harmed 
     by Hurricanes Katrina and Rita; and
       Whereas, a strong domestic sugar market is a critical 
     component to the sugar industry's recovery in Louisiana; and
       Whereas, the state's sugar producers depend on the sugar 
     policy in the Farm Security and Rural Investment Act of 2002 
     for survival; and
       Whereas, United States sugar policy has kept sugar 
     affordable for grocery shoppers, has operated at no cost to 
     taxpayers, and has strengthened the country's food security: 
     Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to continue the current United States sugar 
     program in the 2007 Farm Bill; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-102. A concurrent resolution adopted by the House of 
     Representatives of the State of Louisiana urging Congress to 
     take such actions as are necessary to expedite the repair and 
     rebuilding of the St. Bernard Parish levee system by all 
     appropriate federal agencies and to close the Mississippi 
     River Gulf Outlet; to the Committee on Environment and Public 
     Works.

                   House Concurrent Resolution No. 67

       Whereas, the Southeast Louisiana Flood Protection 
     Authority-East (SLFPA-E) is charged with flood protection of 
     a large portion of south Louisiana; and
       Whereas, this geographical area includes the Lake Borgne 
     Levee District, which encompasses St. Bernard Parish; and
       Whereas, the Lake Borgne Levee District has suffered 
     catastrophic damage to its flood protection systems, 
     including pumps, pump stations, drainage canals, and levees 
     from the effects of Hurricanes Katrina and Rita; and
       Whereas, it has been twenty months since the hurricanes 
     passed through the area; and
       Whereas, much-needed repairs to the flood protection 
     systems include the need for temporary pumping capacity, 
     sediment removal from all canals, storm-proofing pump 
     stations, raising the Caernarvon to Verret levee to its 
     authorized height, raising the Bayou Bienvenue to the Inner 
     Harbor Navigation Canal levee and floodwall, and completion 
     of the design and construction of permanent pump stations to 
     replace those ruined by the hurricanes; and
       Whereas, the Lake Borgne Levee District cannot provide 
     adequate flood protection to the citizens of St. Bernard 
     Parish until repairs to the levee system are complete; and
       Whereas, delays have been caused by a lack of cooperation 
     between several key federal agencies, including the United 
     States Army Corps of Engineers, National Resources 
     Conservation Service, Federal Emergency Management Agency, 
     and the Department of Homeland Security; and
       Whereas, congress must intervene on behalf of the citizens 
     of Louisiana to finish these key hurricane flood protection 
     projects; and
       Whereas, the Mississippi River Gulf Outlet (MRGO) is a 
     seventy-six-mile-long, man-made navigational channel which 
     connects the Gulf of Mexico to the Port of New Orleans; and
       Whereas, since MRGO was completed, the United States Army 
     Corps of Engineers estimates that the area has lost nearly 
     three thousand two hundred acres of fresh and intermediate 
     marsh, more than ten thousand three hundred acres of brackish 
     marsh, four thousand two hundred acres of saline marsh, and 
     one thousand five hundred acres of cypress swamp and levee 
     forest in addition to major habitat alterations due to 
     saltwater intrusion; and
       Whereas, the dramatic loss of coastal wetlands and marshes 
     caused by MRGO exposed St. Bernard Parish to much more severe 
     impacts from the hurricanes and tropical storms that 
     regularly occur in the Gulf of Mexico; and
       Whereas, those concerns proved true in an extremely 
     dramatic fashion on August 29, 2005, when Hurricane Katrina 
     struck Louisiana's coast with a tidal surge well in excess of 
     twenty feet; and
       Whereas, there is a growing consensus that the flooding 
     that occurred in St. Bernard Parish, New Orleans East, and 
     the Lower Ninth Ward of New Orleans was a result of storm 
     surge that flowed up MRGO to the point where it converges 
     with the Intracoastal Waterway and that the confluence 
     created a funnel that directed the storm surge into the New 
     Orleans Industrial Canal, where it overtopped the levees 
     along MRGO and the Industrial Canal and eventually breached 
     the levees and flooded into the neighborhoods that lie close 
     to those three waterways, resulting in more than eleven 
     hundred deaths in the Greater New Orleans area, including one 
     hundred twenty-eight deaths in St. Bernard Parish, destroying 
     over twenty-four thousand homes, and rendering more than 
     sixty-seven thousand residents of St. Bernard Parish and 
     uncounted

[[Page 15105]]

     numbers in New Orleans East and the Lower Ninth Ward of New 
     Orleans homeless, without possessions, and unemployed; and
       Whereas, in addition to destroying homes, the floodwaters 
     washed away churches and other places of worship, schools, 
     businesses, community centers, recreational facilities, and 
     utility and transportation infrastructure; and
       Whereas, as the only entity which can authorize the 
     waterway to be closed and which can enable the 
     reestablishment of our essential coastal wetlands, the United 
     States Congress must come to the aid of the citizens of 
     Louisiana, particularly those of St. Bernard Parish by 
     authorizing the immediate closure of MRGO: Therefore, be it,
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to expedite the repair and rebuilding of the 
     St. Bernard Parish levee system by all appropriate federal 
     agencies and to immediately close the Mississippi River Gulf 
     Outlet; and Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-103. A joint resolution adopted by the Legislature of 
     the State of Montana opposing, among other things, any effort 
     to implement a trinational political, governmental entity 
     among the United States, Canada, and Mexico; to the Committee 
     on Foreign Relations.

                     House Joint Resolution No. 25

       Whereas, the Security and Prosperity Partnership of North 
     America was launched in March of 2005 as a trilateral effort 
     among the United States, Canada, and Mexico to share 
     information and streamline traffic across shared borders; and
       Whereas, in meeting Security and Prosperity Partnership 
     initiatives, the security and prosperity ministers are 
     examining opportunities to open the borders between the 
     United States, Canada, and Mexico; and
       Whereas, the gradual creation of such a North American 
     Union from a merger of the United States, Mexico, and Canada 
     would be a direct threat to the Constitution and national 
     independence of the United States and imply an eventual end 
     to national borders within North America; and
       Whereas, according to the Department of Commerce, United 
     States trade deficits with Mexico and, Canada have 
     significantly widened since the implementation of the North 
     American Free Trade Agreement (NAFTA); and
       Whereas, the economic and physical security of the United 
     States is impaired by the potential loss of control of its 
     borders attendant to the full operation of NAFTA; and
       Whereas, a NAFTA Superhighway System from the west coast of 
     Mexico through the United States and into Canada has been 
     suggested as part of a North American Union and the broader 
     plan to advance the Security and Prosperity Partnership; and
       Whereas, it would be particularly difficult for Americans 
     to collect insurance from Mexican companies that employ 
     Mexican drivers involved in accidents in the United States, 
     which would increase the insurance rates for American 
     drivers; and
       Whereas, future unrestricted foreign trucking into the 
     United States can pose a safety hazard due to inadequate 
     maintenance and inspection and can act collaterally as a 
     conduit for the entry into the United States of illegal 
     drugs, illegal human smuggling, and terrorist activities; and
       Whereas, a NAFTA Superhighway System would be funded by 
     foreign consortiums and controlled by foreign management, 
     which threatens the sovereignty of the United States; and
       Whereas, the Security and Prosperity Partnership aims to 
     integrate United States laws with Mexico and Canada on a 
     broad range of issues such as e-commerce, transportation, 
     environment, health, agriculture, financial services, and 
     national security, which may lead to negative changes in 
     United States administrative laws; and
       Whereas, state and local governments throughout the United 
     States would be negatively impacted by the Security and 
     Prosperity Partnership or a North American Union process, 
     such as an open borders vision, eminent domain takings of 
     private property along potential superhighways, and increased 
     law enforcement problems along such superhighways; and
       Whereas, this trilateral partnership to develop a North 
     American Union has never been presented to Congress as an 
     agreement or treaty and has had virtually no congressional 
     oversight; and
       Whereas, initiatives advancing the Security and Prosperity 
     Partnership will lead to the erosion of United States 
     sovereignty and could lead to integrated continental court 
     systems and currency; and
       Whereas, United States policy, not foreign consortiums, 
     should be used to control our national borders and to ensure 
     that national security is not compromised; Now, Therefore, be 
     it:
       Resolved, by the Senate and the House of Representatives of 
     the State of Montana:
       That the Montana Legislature urge the President and the 
     Congress of the United States to withdraw the United States 
     from any further participation in the Security and Prosperity 
     Partnership, any efforts to implement a trinational 
     political, governmental entity among the United States, 
     Canada, and Mexico, or any other efforts used to accomplish 
     any form of a North American Union System; and be it further
       Resolved, that copies of this resolution be sent by the 
     Secretary of State to the Honorable George W. Bush, President 
     of the United States, the Vice President of the United 
     States, the United States Secretary of Commerce, and each 
     member of the United States Congress.
       POM-104. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii urging Congress to support legislation 
     authorizing the Secretary of Health and Human Services to 
     negotiate lower drug prices on behalf of Medicare 
     beneficiaries; to the Committee on Health, Education, Labor, 
     and Pensions.
       Whereas, data provided by AARP Hawaii shows that half of 
     all people in Hawaii, particularly those ages 50 and older 
     and those with lower incomes, are concerned about being able 
     to afford prescription drugs; and
       Whereas, slightly over half of Hawaii's residents who are 
     taking prescription medication on a regular basis say that 
     paying for their drugs presents a financial burden; and
       Whereas, nearly one-third of our residents who regularly 
     take prescription drugs report taking at least one 
     significant cost-reducing measure to pay for their 
     medication; and
       Whereas, the United States Congress has the opportunity to 
     help reduce the cost of prescription drugs for Hawaii's 
     155,000 enrolled Medicare Part D beneficiaries by 
     strengthening the Medicare Modernization Act of 2003 (MMA) 
     through supporting legislation to give the Secretary of 
     Health and Human Services the authority to use the bargaining 
     power of 43 million Medicare beneficiaries to help make 
     prescription drugs more affordable; and
       Whereas, Hawaii families are counting on Congress to do 
     everything possible to help make prescription drugs more 
     affordable and accessible to beneficiaries under the MMA; 
     now, therefore, be it
       Resolved, by the House of Representatives of the Twenty-
     fourth Legislature of the State of Hawaii, Regular Session of 
     2007, the Senate concurring, that the Legislature urges the 
     United States Congress to support legislation authorizing the 
     Secretary of Health and Human Services to negotiate lower 
     drug prices on behalf of Medicare beneficiaries; and be it 
     further
       Resolved, that certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, and 
     the members of Hawaii's Congressional Delegation.
       POM-105. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii urging Congress to propose amendments 
     to the No Child Left Behind Act of 2001; to the Committee on 
     Health, Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 57

       Whereas, the United States Congress must decide in 2007 
     whether to reauthorize the No Child Left Behind Act of 2001 
     or let it die and replace it with a new law; and
       Whereas, the No Child Left Behind Act, unprecedented in the 
     history of federal and state roles in public education by the 
     mandated imposition of a federally prescribed, single 
     accountability model for all public schools, undermines the 
     established constitutional role of state and local public 
     education governance; and
       Whereas, the No Child Left Behind Act, while purporting to 
     create an accountability system for public schools, has in 
     reality, been an enormous financial and programmatic burden 
     on schools and taxpayers; and
       Whereas, even if states and schools are satisfied with 
     their educational programs and outcomes, they are forced to 
     participate in this top-down system in order to continue to 
     receive federal funds for education, such as Title I funds; 
     and
       Whereas, the No Child Left Behind Act mandates consequences 
     to schools if just one of thirty-seven possible adequate 
     yearly progress calculation outcomes are not met, and makes 
     no distinction in the consequences imposed on schools that 
     did not meet one or did not meet all thirty-seven, resulting 
     in dilution of energy, time, and money by mandating the 
     treatment of all such schools to include identical sanctions; 
     and
       Whereas, the No Child Left Behind Act employs a view of 
     motivation that is misguided and objectionable, using 
     threats, punishments, and pernicious comparisons to 
     ``motivate'' teachers, students, and schools; and
       Whereas, private K-12 schools have chosen not to spend 
     their time or money adopting key elements of the, No Child 
     Left Behind Act's intensive testing and accountability 
     regimen; and
       Whereas, the No Child Left Behind Act's narrow focus on the 
     ``basics'' has discouraged the implementation of best 
     practices cutting edge educational research in order to 
     achieve higher test scores; and

[[Page 15106]]

       Whereas, the No Child Left Behind Act has driven many 
     schools and school systems into a narrowing of curriculum, 
     often focused on only tested subjects, to the detriment of 
     subjects and rich educational experiences, such as the arts; 
     and
       Whereas, the goal of achieving percent proficiency, 
     including special education students, is unrealistic, and the 
     pursuit of which channels millions of dollars into tactically 
     targeted programs that divert limited resources from other 
     critical school programs, professional, training, as well as 
     the educational and physical environment of schools; and
       Whereas, the requirements of the No Child Left Behind Act 
     penalize schools who enroll students who have inherent 
     educational deficiencies and, who as a group, will continue 
     to remain below ever increasing No Child Left Behind ``annual 
     measurable objectives''; and
       Whereas, while there has recently been some interest in the 
     development of so-called ``growth models'' to recognize the 
     contributions of a school to individual students over time, 
     the lack of adequate funding and the prohibition against 
     states developing their own growth models has rendered this 
     initiative almost meaningless; and
       Whereas, the No Child Left Behind Act does not provide 
     additional funds for teacher education or training, if school 
     is in ``status'' or under, restructuring, which creates a 
     punitive environment with little commitment on the part of 
     the federal government for improving teaching and learning, 
     or for supporting increased school success; and
       Whereas, Adequate Yearly Progress does not take into 
     account a school's adoption of meaningful educational 
     innovation or judicious use of research; and
       Whereas, the No Child Left Behind Act has channeled 
     countless dollars into high-stake testing, which has largely 
     benefited national private testing companies, but at the 
     expense of ignoring genuine student accomplishments; and
       Whereas, the No Child Left Behind Act appears biased 
     towards a one-size fits all multiple choice testing system, 
     and tends to ignore other means of engaging and assessing 
     students such as project-based, hands-on, or problem-solving 
     demonstrations of competency: and
       Whereas, the United States Department of Education has 
     shown little or no interest in creating incentives among 
     colleges and universities to incorporate innovative 
     portfolios or project-based competencies into their 
     admissions decisions, thus reinforcing the use of high-stake, 
     multiple-choice private contractors; now, therefore, be it
       Resolved by the Senate of the Twenty-fourth Legislature of 
     the State of Hawaii, Regular Session of 2007, the House of 
     Representatives concurring, that the United States Congress 
     is strongly urged to proposed specific amendments to, or 
     recommend the repeal of, the federal No Child Left Behind Act 
     of 2001; and be it further
       Resolved, that among the issues and amendments the United 
     States Congress should address are the following:
       (1) Improving teacher quality, preparation, and training 
     by:
       (A) Building support for a comprehensive incentive program 
     to recruit, place, and retain experienced, well-qualified 
     teachers in high-need schools (e.g., high poverty, or 
     geographically-isolated communities);
       (B) Providing significant support for teacher education, 
     professional development, in-service training, and career 
     opportunities;
       (C) Improving the occupational status and compensation of 
     teaching as a career;
       (D) Improving qualifications of teacher candidates at 
     colleges of education;
       (E) Providing financial incentives for institutions of 
     higher learning to incorporate portfolios and demonstrations 
     of competency into their admissions decisions;
       (F) Strengthening teacher education preparation programs in 
     areas such as science, mathematics, technology, measurement, 
     data analysis, and evaluation;
       (G) Recognizing teachers having achieved certification by 
     the National Board for Professional Teaching Standards as 
     ``highly qualified'' in their respective fields; and
       (H) Providing flexibility in recognizing certified 
     secondary level special education teachers as qualified 
     teachers in their own right, and removing the unrealistic 
     expectation that such teachers be additionally certified in 
     every single core subject area;
       (2) Improving assessment measures and systems by:
       (A) Refining student assessment instruments designed 
     specifically for use in improving instruction as well as 
     school accountability;
       (B) Encouraging states and school districts to utilize a 
     wider range of useful assessments, including project-based 
     competency and portfolios;
       (C) Developing more appropriate means of assessing the 
     academic progress of English Language Learners, special 
     education students; and those with behavioral health issues; 
     and
       (D) Supporting the development and implementation of 
     comprehensive statewide data collection and exchange systems 
     that allow for more efficient support for student record 
     keeping and informed educational policy decision making 
     (e.g., electronic student transcript systems, and 
     longitudinal analyses of growth in academic achievement);
       (3) Improving accountability models, indicators of 
     performance, and consequences by:
       (A) Supporting states and the educational research 
     community in research and development efforts to further the 
     pioneering work required in refining the technology 
     underlying growth (toward standards) analysis models;
       (B) Permitting each state to adopt and pilot its own growth 
     model to calculate adequate yearly progress under the No 
     Child Left Behind Act to take advantage of inherent benefits 
     that motivate students at all levels of proficiency;
       (C) Supporting wholesale changes to the ``adequate yearly 
     progress'' model for educational accountability that would 
     provide for a fairer and more balanced appraisal of school 
     performance and quality;
       (D) Replacing punitive, conjunctive ``miss one miss all'' 
     criteria;
       (E) Expanding accountability indicators to reflect 
     performance on standards in other important disciplines and 
     countering unintended consequences such as a narrowing of 
     curriculum;
       (F) Allowing for current limitations in reliable and valid 
     assessments of students within a wide range of disability 
     classifications; and
       (G) Allowing for deferrals to test new immigrant students 
     with limited English proficiency for up to three years of 
     entering the country;
       (4) Augmenting resources to assist states in efforts to 
     accomplish challenging educational initiatives by:
       (A) Requiring schools to maintain a broad and comprehensive 
     curriculum to support adopted content and performance 
     standards, including the arts and physical education;
       (B) Fully funding special education programs, as once 
     promised;
       (C) Providing adequate funding to research and develop 
     multiple and more valid means of assessing student 
     competence, skills and knowledge for use in both improvement 
     and educational accountability; and
       (D) Providing funding and training support for data and 
     technology infrastructure requirements;
       (5) Supporting innovation, capacity building, and 
     flexibility to address state and local education needs by:
       (A) Recognizing schools that demonstrate successful 
     strategies using innovative curriculum and methodologies;
       (B) Developing new initiatives for school facilities that 
     do not push educational funding toward ever larger schools 
     and economy-of-scale construction mentality;
       (C) Avoiding simplistic ``one size fits all'' solutions for 
     assessment, accountability, and intervention;
       (D) Addressing unique needs of ``high-need'' schools (e.g:, 
     high poverty, high immigration, extreme geographic 
     isolation); and
       (E) Allowing states to determine which and how many grade 
     levels are best to test; and
       (6) Returning to the original intent and purpose of the 
     Elementary and Secondary Education Act (ESEA) by:
       (A) Restoring the foundational precepts of ESEA and its 
     focus on equity in educational attainment despite 
     disadvantages stemming from socio-economic background;
       (B) Allowing states to ``opt out'' of requirements that 
     impact schools that do not receive ESEA entitlements, without 
     loss of Federal funds;
       (C) Promoting strategies that directly reduce achievement 
     gaps through better instruction, such as incentives for 
     experienced, well-qualified teachers to accept positions in 
     high-need schools and for reducing class size;
       (D) Resolving to build the best public education system and 
     teacher work force in the world, rather than promoting lofty 
     rhetoric and ploys that undermine and divert public funds to 
     private schools; and
       (E) Returning policy setting and curriculum and teaching 
     decision making control back to states, school districts and 
     local communities; and be it further
       Resolved that certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the Vice President of the United States, the 
     President pro tempore of the United States Senate, the 
     Speaker of the United States House of Representatives and the 
     members of Hawaii's Congressional delegation.
                                  ____

       POM-106. A resolution adopted by the Senate of the State of 
     Pennsylvania urging Congress to enact legislation to provide 
     additional funding for amyotrophic lateral sclerosis 
     research; to the Committee on Health, Education, Labor, and 
     Pensions.

                       Senate Resolution No. 115

       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

[[Page 15107]]

       Whereas, ALS eventually causes muscles to atrophy, and the 
     patient becomes a functional quadriplegic; and
       Whereas, Because ALS does not affect mental capacity, 
     persons with ALS remain alert and aware of the loss of motor 
     function and the inevitable outcome of continued 
     deterioration and death; and
       Whereas, ALS occurs in adulthood, most commonly between the 
     ages of 40 and 70, with the peak age about 55; and
       Whereas, ALS 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 
     only two to five years from the time of diagnosis; and
       Whereas, Research indicates that military veterans are at a 
     50% or greater risk of developing ALS than other persons; and
       Whereas, ALS has no known cause, means of prevention or 
     cure; and
       Whereas, ``Amyotrophic Lateral Sclerosis Awareness Month'' 
     increases public awareness of ALS patients' circumstances, 
     acknowledges the terrible impact of ALS on patients and their 
     families and recognizes ongoing research to eradicate ALS; 
     therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania recognize the month of May 2007 as ``Amyotrophic 
     Lateral Sclerosis (ALS) Awareness Month'' in the Commonwealth 
     of Pennsylvania; and be it further
       Resolved, That the Senate 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-107. A resolution adopted by the Senate of the State of 
     Pennsylvania urging Congress to fulfill the commitment of the 
     Individuals with Disabilities Education Act to provide 
     resources equal to 40 percent of the national average per 
     pupil expenditure for special education students for each 
     Pennsylvania student with special needs; to the Committee on 
     Health, Education, Labor, and Pensions.

                        Senate Resolution No. 91

       Whereas, In the interest of ensuring that children with 
     disabilities in the United States receive a free appropriate 
     public education, the Individuals with Disabilities Education 
     Act (Public Law 91-230, 20 U.S.C. Sec. 1400 et seq.) 
     encroached upon the states' traditional domain over education 
     and established certain mandates that all state and local 
     governments must observe in the education of children with 
     special needs; and
       Whereas, In recognition of the high cost of these Federal 
     mandates, the Individuals with Disabilities Education Act 
     allows the Congress to provide each state with a maximum 
     Federal grant equal to the number of children with 
     disabilities in the state multiplied by 40% of the average 
     per pupil expenditure for all special education students in 
     the United States; and
       Whereas, Although the Commonwealth of Pennsylvania has 
     endeavored to serve its students with special needs by 
     implementing the costly mandates imposed by the Individuals 
     with Disabilities Education Act, the Federal Government has 
     not provided sufficient funding to pay for these mandates; 
     and
       Whereas, The Federal funding the Commonwealth receives for 
     each student with special needs is only the equivalent of 
     14.8% of the national average per pupil expenditure; and
       Whereas, By this measure, the Federal Government 
     contributes only 37% of the total cost of special education 
     in this Commonwealth even though the Commonwealth and its 
     school districts must comply with 100% of the costly mandates 
     imposed by the Individuals with Disabilities Education Act; 
     and
       Whereas, These costs have been increasing rapidly in recent 
     years; and
       Whereas, In this Commonwealth, the population of students 
     with special needs has increased by less than 1% since 2000; 
     and
       Whereas, In the same period, the Commonwealth's 
     appropriations for special education have increased by 25% in 
     order to keep pace; and
       Whereas, Because the Federal Government has failed to 
     provide the level of funding that the Individuals with 
     Disabilities Education Act allows, it has placed a 
     disproportionate financial burden on the Commonwealth and its 
     school districts; and
       Whereas, If the Individuals with Disabilities Education Act 
     is to fully accomplish its mission to provide a free 
     appropriate public education to children with disabilities, 
     the Federal Government must provide State and local 
     governments with the funding they need to successfully 
     implement the act's mandates; therefore be it
       Resolved, That the Senate of Pennsylvania urge Congress and 
     the President of the United States to fulfill the commitment 
     of the Individuals with Disabilities Education act to provide 
     resources equal to 40% of the national average per pupil 
     expenditure for special education students for each 
     Pennsylvania student with special needs; and be it further
       Resolved, That copies of this resolution be sent to the 
     President and Vice President of the United States, to the 
     presiding officers of each house of Congress from 
     Pennsylvania, to the National Conference of State 
     Legislatures, to the State Board of Education and to the 
     Secretary of Education.
                                  ____

       POM-108. A resolution adopted by the Legislature of the 
     State of Arizona urging Congress to continue the funding and 
     completion of the Secure Border Initiative Network program by 
     the target date of December 31, 2008; to the Committee on 
     Homeland Security and Governmental Affairs.

                          Senate Memorial 1004

       To the Congress of the United States of America:
       Your memorialist respectfully represents:
       Whereas, the safety and security of Arizona's southern 
     border are critical to the economy and the health and welfare 
     of all Arizona citizens; and
       Whereas, the Federal government, through the United States 
     Customs and Border Protection's Secure Border Initiative 
     Network program (SBInet), is allocating millions of dollars 
     and significant resources to developing and deploying 
     personnel, infrastructure, technologies and rapid response 
     platforms to prohibit the illegal entry of people and 
     contraband across the entire southern border of Arizona; and
       Whereas, SBinet is a program of intense national interest 
     with a challenge to accomplish something that has never 
     before been done and is committed to delivering a system to 
     the United States government that will support the United 
     States Customs and Border Protection in detecting, 
     apprehending and processing people who cross Arizona's border 
     illegally; facilitate legitimate cross-border travel and 
     commerce; and most importantly, provide taxpayers with the 
     best value solution over the life of the program; and
       Whereas, SBInet will deliver the ability to detect entries 
     into the United States when they occur, to identify what the 
     entry is and to classify its level of threat, thereby 
     allowing the border patrol to effectively and efficiently 
     respond to the entry, and to resolve the situation with 
     appropriate law enforcement; and
       Whereas, Arizona, takes pride in being the first state to 
     receive the benefits of SBInet: and
       Whereas, by the end of calendar year 2008, the SBInet 
     program will deploy fencing, vehicle barriers and proven 
     current and next-generation technology, including radars, 
     sensors, communications enhancements and the requisite number 
     of United States Customs and Border Protection Border Patrol 
     agents to secure Arizona's southern border.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, prays:
       1. That the United States Congress continue the funding and 
     completion of SBInet by the target date of December 31, 2008.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-109. A resolution adopted by the Legislature of the 
     State of Arizona urging Congress to use its powers as 
     delegated by the Indian Commerce Clause to acknowledge and 
     protect the public interest of Indian country from competing 
     public interests and regulatory jurisdictions; to the 
     Committee on Indian Affairs.

                     House Concurrent Memorial 2007

       To the Congress of the United States of America:
       Your memorialist respectfully represents:
       Whereas, it is crucial for Native Americans to establish 
     equitable, affordable and universal access to 
     telecommunications services, allowing placement of 
     infrastructure and information technology equipment to 
     deliver broadband services and other evolving and emerging 
     technologies on tribal lands to American Indian communities 
     by the year 2010; and
       Whereas, it is vital to ensure that the universal service 
     concepts of the 1996 Telecommunications Act allow for 
     telecommunications infrastructure and information technology 
     to be developed and used in a manner that meets the social, 
     civic, economic, educational and cultural needs of American 
     Indian tribes and communities; and
       Whereas, it is essential to protect, strengthen and assert 
     tribal government sovereignty and regulatory jurisdiction, in 
     the areas of telecommunications and information technology; 
     and
       Whereas, it is vital to create a framework and guidelines 
     for tribal governments and communities, intertribal 
     organizations and American Indian organizations to prepare, 
     plan and make recommendations for telecommunications and 
     information technology policy, legislation, appropriations, 
     program development and self-determination.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the United States Congress recognize the rights of 
     tribal governments and

[[Page 15108]]

     communities to exercise and assert regulatory jurisdiction 
     over telecommunications activities in the boundaries of 
     reservations and communities.
       2. That the United States Congress encourage states, 
     counties and municipalities to provide partnership 
     opportunities that promote telecommunication services and 
     that are mutually beneficial for the economic, social and 
     general welfare for all state citizens.
       3. That the United States Congress provide a sufficient 
     set-aside of Homeland Security monies to ensure equitable and 
     sufficient distribution of monies among tribal governments 
     and American Indian communities for the development of 
     telecommunications build-out necessary to mitigate 
     emergencies and crisis brought about by acts of terrorism, 
     drug trafficking, human smuggling and other deplorable acts 
     that threaten national and local security.
       4. That the United States Congress promote and support 
     tribal government and community efforts to establish 
     telecommunications regulatory authorities and codes.
       5. That the United States Congress support and advance 
     public safety implementation among tribes and communities 
     through the provision of grants for the development of 
     telecommunications and information technology capacities 
     among law enforcement agencies, emergency medical service 
     providers, fire departments, courts and justice departments 
     and other emergency responder agencies.
       6. That the United States Congress support and advance 
     tribal government and ownership of spectrum above tribal 
     lands and communities by granting, rather than auctioning, 
     partitioned spectrum licenses to tribal entities.
       7. That the United States Congress encourage and support 
     tribal government and community efforts to establish and 
     operate telephone companies and other telecommunication 
     businesses, such as internet service providers, especially in 
     unserved and underserved areas.
       8. That the United States Congress support and advance the 
     efforts of tribal governments and American Indian communities 
     to bridge their respective digital divides through the 
     provision of grants, loans and contracts, tax incentives and 
     infrastructure build-out services.
       9. That the United States Congress use its powers as 
     delegated by the Indian Commerce Clause to acknowledge, and 
     protect the public interest of Indian country from competing 
     public interests and regulatory jurisdictions and perform the 
     following:
       (a) Amend section 214(e) of the Telecommunications Act to 
     include the following definition of unserved areas:
       An unserved area is defined as service penetration 15% 
     below the nationwide penetration rate for any communications 
     service; or 5% below national rural penetration rate for any 
     communications service, whichever rate is higher.
       (b) Amend section 214(e) 6 of the Telecommunications Act to 
     include tribes and acknowledge tribal regulatory authority.
       (c) Provide mechanisms, with enforcement powers, for 
     ensuring equitable, affordable and sustainable access to 
     communications services, including broadband, broadcast and 
     emerging technologies, in Indian country.
       (d) Support tribal access and options for ownership and 
     management of spectrum on tribal lands for both wireless and 
     broadcast applications.
       (e) Provide mechanisms to promote cooperation among tribes, 
     state public utility commissions and the federal 
     communications commission and remedies for resolving 
     unforeseen conflicts.
       (f) Provide public financing to tribal communities that 
     fall under the definition of an unserved area to close any 
     service gap.
       (g) Permit the bureau of Indian affairs to allow for 
     telecommunication entities to colocate on existing linear 
     rights of way, such as power and water routes, so that rapid 
     expansion of telecom services, including categorical 
     exclusion of clearance requirements, can proceed.
       10. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-110. A resolution adopted by the California State Lands 
     Commission expressing its support for H.R. 1187; to the 
     Committee on Energy and Natural Resources.
       POM-111. A resolution adopted by the Council of the 
     District of Columbia expressing the Council's support of 
     amending the Home Rule Charter to increase the pay of the 
     Chief Financial Officer, Dr. Natwar M. Gandhi; to the 
     Committee on Homeland Security and Governmental Affairs.

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