[Congressional Record (Bound Edition), Volume 153 (2007), Part 11]
[Senate]
[Pages 15623-15627]
[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-116. A joint resolution adopted by the Legislature of 
     the State of Montana expressing its opposition to the Rockies 
     Prosperity Act; to the Committee on Energy and Natural 
     Resources.

                     House Joint Resolution No. 31

       Whereas, bills with the same content have been introduced 
     in the Congress for the past three sessions, named 
     successively the Northern Rockies Ecosystem Protection Act of 
     2001, the Northern Rockies Ecosystem Protection Act of 2003, 
     and the Rockies Prosperity Act of 2005; and
       Whereas, these acts would designate more than 15.4 million 
     acres as new wilderness, more than 1.4 million acres as park 
     preserves, more than 1 million acres as recovery areas, and 
     an additional 8.51 million acres as biological connecting 
     corridors; and
       Whereas, the proposed wilderness, preserves, and recovery 
     areas would impose severe restrictions on access and human 
     activities in violation of existing laws such as the 
     Multiple-Use Sustained-Yield Act; and
       Whereas, severe restrictions on the management of the 
     private property within the corridors would lead to 
     prohibition of even-aged silvicultural management, 
     prohibition of timber harvesting, prohibition of mineral, 
     oil, and gas exploration, prohibition of road construction or 
     reconstruction with the goal of achieving zero miles of road 
     in the corridors over a short time period, causing loss of 
     value to private property even to the point of forcing 
     landowners to abandon their properties, hopes and dreams and 
     causing extreme hardship and anguish; and
       Whereas, additional taking of private property would occur 
     with the reduction of water rights on National Forest land 
     and the reduction of grazing rights on National Forest land, 
     causing hardship and loss of business to ranchers, farmers, 
     and residents in the region; and
       Whereas, the requirements for implementation of the 
     management plans set forth in the acts are extremely 
     unbalanced in their approach to conservation, focus entirely 
     on plant, animal, and ecological effects and leave out the 
     social, economic, and cultural impacts on people who also are 
     part of the natural environment, and are in violation of 
     existing law, such as the National Environmental Policy Act; 
     and
       Whereas, the Montana Legislature does not believe these 
     acts, drafted by extreme special interest groups funded by 
     international foundations and other sources that do not 
     represent the majority of Montana residents, should be 
     allowed to subject land in Montana to this sort of 
     unbalanced, unnecessary control; and
       Whereas, the placing of environmental or other restrictions 
     upon the use of private lands has been held by a number of 
     recent United States Supreme Court decisions to constitute a 
     taking of the land for public purposes; and
       Whereas, these acts do not include proposals to purchase 
     the private lands; and
       Whereas, the restrictions contemplated constitute an 
     unlawful taking of that land in violation of Article I, 
     section 8, clause 17, of the Constitution of the United 
     States, which provides that before any state land can be 
     purchased, the consent of the state Legislature and not the 
     state Executive Branch must be obtained; and
       Whereas, Article IV, section 3, clause 2, of the 
     Constitution of the United States provides that ``nothing in 
     this Constitution shall be so construed as to prejudice any 
     claims of the United States, or of any particular state''; 
     and
       Whereas, Article IV, section 4, of the Constitution of the 
     United States provides that ``the United States shall 
     guarantee to every state in this union a republican form of 
     government''; and
       Whereas, Amendment V of the Constitution of the United 
     States provides that no person shall ``be deprived of life, 
     liberty, or property, without due process of law; nor shall 
     private property be taken for public use, without just 
     compensation''. Now, therefore, be it
       Resolved by the Senate and the House of Representatives of 
     the State of Montana: That the Montana Legislature is opposed 
     to the passage of these acts. Be it further
       Resolved, That the Montana Legislature urge the members of 
     Congress, especially the Montana delegation, to vigorously 
     oppose these acts and any revisions of these acts and to vote 
     against these acts at every opportunity, Be it further
       Resolved, That the Secretary of State send copies of this 
     resolution to the President of the United States, the 
     Secretary of State of the United States, the President of the 
     Senate and the Speaker of the House of Representatives of the 
     United States, and Montana's Congressional Delegation.
                                  ____

       POM-117. A joint resolution adopted by the Senate of the 
     State of Nevada urging Congress to support a proposed off-
     highway vehicle park in Clark County; to the Committee on 
     Energy and Natural Resources.

                     Senate Joint Resolution No. 18

       Whereas, the Nellis Dunes area comprises approximately 
     10,181 acres located in unincorporated Clark County, Nevada, 
     on federal public lands managed by the Bureau of Land 
     Management, 8,921 acres of which are usable recreation space, 
     offering a variety of terrain and trails for off-highway 
     vehicle enthusiasts; and
       Whereas, most areas of Clark County have been closed to 
     motorized recreation; and
       Whereas, the Nellis Dunes is recognized in the Southern 
     Nevada Regional Planning Coalition's open space plan to 
     protect the natural backdrops and maintain a perimeter trail 
     corridor around the Las Vegas Valley; and
       Whereas, the Bureau of Land Management's Las Vegas Resource 
     Management Plan designates the Nellis Dunes as an ``open 
     area,'' allowing unrestricted motorized recreation; and
       Whereas, an opportunity exists for Clark County to develop 
     and manage a motorized recreation system, consistent with the 
     mission of Nellis Air Force Base, with the potential to 
     prevent safety concerns, improve air quality, protect rare 
     plants and sensitive soils, prevent refuse dumping and 
     capitalize on potential economic development possibilities; 
     and
       Whereas, a feasibility study, funded by the Board of County 
     Commissioners for Clark County, evaluated supply and demand 
     considerations, capital and operations and maintenance costs 
     and options for funding, and likely operation models for a 
     motorized recreation park; and
       Whereas, development of a motorized recreation park managed 
     by Clark County will benefit southern Nevadans through the 
     promotion of safe off-road activities and implementation of 
     environmental protections to air, sensitive soils and native 
     plants: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature hereby 
     urge Congress to promulgate legislation for the conveyance of 
     the Nellis Dunes area to Clark County for the purpose of off-
     road recreation and environmental protection; and be it 
     further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the United 
     States Senate, the Speaker of the House of Representatives, 
     the Board of County Commissioners of Clark County and each 
     member of the Nevada Congressional Delegation; and be it 
     further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-118. A joint resolution adopted by the Senate of the 
     State of Nevada encouraging the use of biomass in the 
     production of energy in Nevada and encouraging certain 
     activities relating to that production; to the Committee on 
     Energy and Natural Resources.

                     Senate Joint Resolution No. 11

       Whereas, ``Biomass'' is the term used to describe organic 
     matter that is available on a renewable basis, including, but 
     not limited to, agricultural crops and agricultural wastes, 
     wood and wood residues, animal wastes, municipal wastes and 
     various aquatic plants; and
       Whereas, unlike petroleum, biomass is a resource that is 
     renewable and is generally readily available at the location 
     where it is used to produce renewable energy, thereby 
     reducing the costs of distributing the biomass; and
       Whereas, although the production and use of renewable 
     energy is encouraged in Nevada, and biomass is included in 
     the incentives provided for the production and use of 
     renewable energy, the availability and benefits of using 
     biomass itself should be accentuated and brought to the 
     attention of the members of the general public: Now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the Nevada Legislature hereby urges Congress to 
     make biomass eligible for production tax credits at the same 
     level and in the same manner as wind and geothermal energy: 
     and be it further
       Resolved, That this Legislature encourages the use of 
     biomass in the production of energy in Nevada and therefore 
     urges all Nevadans to consider investing money in the 
     production of energy from biomass and to participate in the 
     establishment throughout the State of Nevada of projects that 
     demonstrate the effectiveness and desirability of

[[Page 15624]]

     using locally obtained biomass in the production of energy 
     and partnerships between private enterprises and federal, 
     state and local governmental entities to create those 
     projects: and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives, the Secretary of the 
     Interior, the Secretary of Agriculture, the Director of the 
     Bureau of Land Management, the Chief of the United States 
     Forest Service, the Governor of the State of Nevada, the 
     Director of the State Department of Conservation and Natural 
     Resources and each member of the Nevada Congressional 
     Delegation: and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-119. A resolution adopted by the Senate of the State of 
     Florida urging Congress to, among other things, fully 
     authorize the conditionally approved projects in section 601 
     of the Water Resources Development Act of 2000; to the 
     Committee on Environment and Public Works.

                          Senate Memorial 2770

       Whereas, the Everglades is one of the most unique and 
     fragile ecosystems in the world, and
       Whereas, the Legislature and the Congress of the United 
     States have long recognized that the Everglades is imperiled 
     and must be restored, and
       Whereas, the Comprehensive Everglades Restoration Plan was 
     approved by Congress as a framework for restoration of the 
     Everglades in the Water Resources Development Act of 2000, 
     and
       Whereas, the Comprehensive Everglades Restoration Plan will 
     restore more than 2.4 million acres of the south Florida 
     ecosystem while meeting the other water-related needs of the 
     region, and
       Whereas, the Legislature and the governing board of the 
     South Florida Water Management District have appropriated 
     more than $2 billion to implement the Comprehensive 
     Everglades Restoration Plan since the passage of the Water 
     Resources Development Act of 2000, and
       Whereas, the Legislature and the governing board of the 
     South Florida Water Management District have provided more 
     than 90 percent of the funding to implement the plan, and the 
     South Florida Water Management District has begun 
     construction on the initial conditionally authorized 
     projects, and
       Whereas, the Water Resources Development Act of 2000 
     approved the restoration plan as a full and equal partnership 
     between the State Government and the Federal Government, and
       Whereas, the Indian River Lagoon and Picayune Strand 
     projects and 10 conditionally authorized projects require 
     authorization from Congress: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to fully 
     authorize the conditionally approved projects in section 601 
     of the Water Resources Development Act of 2000 and the Indian 
     River Lagoon and Picayune Strand projects in the 
     Comprehensive Everglades Restoration Plan and to provide 
     funding for the federal share of the full and equal 
     partnership; and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-120. A resolution adopted by the Senate of the State of 
     Florida urging Congress to authorize improvements to bring 
     the Herbert Hoover Dike into compliance with current levee 
     protection safety standards and to authorize funding to 
     expedite the improvements; to the Committee on Environment 
     and Public Works.

                          Senate Memorial 1680

       Whereas, Lake Okeechobee was impacted by four hurricanes 
     during the 2004 and 2005 hurricane seasons, and
       Whereas, subsequently, at the request of local community 
     leaders, the South Florida Water Management District 
     Governing Board implemented an independent report on the 
     Herbert Hoover Dike surrounding Lake Okeechobee, and
       Whereas, the report found that the dike does not meet 
     current levee protection safety standards, which constitutes 
     a failure of the structure, and
       Whereas, the failure of the structure poses a clear and 
     imminent threat of catastrophic proportion to the communities 
     surrounding Lake Okeechobee, and
       Whereas, the dike was not built to current levee 
     engineering standards and is therefore not authorized by 
     Congress to be brought into compliance to such standards: 
     Now, therefore, be it
       Resolved, by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to authorize 
     improvements to bring the Herbert Hoover Dike into compliance 
     with current levee protection safety standards by 2014 and to 
     authorize funding to expedite the improvements; and be it 
     further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-121. A joint resolution adopted by the Legislature of 
     the State of Nevada urging Congress to reevaluate the ``fast 
     track'' approval of international trade agreements; to the 
     Committee on Finance.

                    Assembly Joint Resolution No. 10

       Whereas, as international trade has evolved in recent years 
     under the ``fast track'' authority by which Congress reviews 
     international trade agreements involving the United States, 
     the authority for which will expire on June 30, 2007, 
     significant questions have developed with respect to the 
     continuing ability of states to retain their character, 
     environmental controls and quality of life; and
       Whereas, under ``fast track'' rules, the review of complex 
     trade agreements by Congress is limited to a vote to approve 
     or reject the agreements, after limited time for 
     consideration, without the possibility of amendments; and
       Whereas, trade agreements today have an impact which 
     extends significantly beyond the bounds of traditional trade 
     matters such as tariffs and quotas, and instead grant foreign 
     investors and service providers certain rights and privileges 
     regarding acquisition of land and facilities and regarding 
     operations within a state's territory, subject state laws to 
     challenge as ``non-tariff barriers to trade'' in the binding 
     dispute resolution bodies that accompany the pacts and place 
     limits on the future policy options of state legislatures; 
     and
       Whereas, despite the demonstrated variety of significant 
     impacts that trade and investment agreements have on state 
     governance, taxation authority, environmental protection, 
     land use regulation and many other areas of state interest, 
     states and local governments have not received assurances 
     that their concerns will be adequately addressed in any 
     ``fast track'' renewal process; and
       Whereas, Federal legislation should clarify the negotiating 
     agenda of the United States in a manner that establishes a 
     stronger role for states and should include an explicit 
     mechanism for the prior informed consent of affected state 
     legislatures: Now, therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the Nevada Legislature hereby urges Congress to 
     reevaluate the ``fast track'' approval of international trade 
     agreements, and to consider replacing that authority with a 
     more democratic, inclusive and deliberative mechanism which 
     takes into consideration the concerns of state legislatures 
     and authorizes their participation in the international trade 
     agreement process; and be it further
       Resolved, That the Chief Clerk of the Assembly prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-122. A joint resolution adopted by the Legislature of 
     the State of Nevada urging Congress to enact the Resident 
     Physician Storage Reduction Act of 2007; to the Committee on 
     Finance.

                     Senate Joint Resolution No. 17

       Whereas, the Resident Physician Shortage Reduction Act of 
     2007 was recently introduced in Congress as a tool to help 
     states whose physician to population ratios are below that of 
     the national median; and
       Whereas, the intent of this legislation is to increase the 
     number of residency positions for which Medicare payments 
     will be made to teaching hospitals in states with a shortage 
     of resident physicians; and
       Whereas, increasing the number of resident physicians in 
     states is an important step towards ensuring an adequate 
     supply of physicians in the health care system; and
       Whereas, as a result of this legislation, teaching 
     hospitals in approximately 24 states would be eligible for an 
     increase in their resident cap, including Nevada which 
     currently has 199 physicians in training and is estimated to 
     be eligible for an additional 93 positions; and
       Whereas, as one of the fastest growing states in the 
     nation, and with a ranking of 43rd in the nation in 
     physicians per 100,000 residents, it is critical to the 
     residents of Nevada that the shortage of physicians be 
     remedied; and
       Whereas, it is the belief of the Nevada Legislature that 
     the Resident Physician Shortage Reduction Act is an important 
     first step that will help meet Nevada's and the nation's need 
     for future physician services: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     jointly, That the members of the Nevada Legislature hereby 
     express their support for passage of the Resident Physician 
     Shortage Reduction Act of 2007: and be it further

[[Page 15625]]

       Resolved, That the Nevada Legislature will continue to do 
     all things possible to make Nevada a desirable location for 
     the physicians who choose to practice here; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the Vice President of the United States as the 
     presiding officer of the United States Senate, the Secretary 
     of Health and Human Services and each member of the Nevada 
     Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-123. A joint resolution adopted by the Legislature of 
     the State of Nevada urging Congress to support a free trade 
     agreement between the Republic of China on Taiwan and the 
     United States; to the Committee on Finance.

                     Senate Joint Resolution No. 16

       Whereas, it is our belief that it is this country's 
     responsibility to promote the values of freedom and 
     democracy, a commitment to open markets and the free exchange 
     of goods and ideas both at home and abroad, and the Republic 
     of China on Taiwan shares these values and has struggled 
     throughout the past 50 years to create what is an open and 
     thriving democracy; and
       Whereas, despite the fact that Taiwan is a member of the 
     World Trade Organization, it has no formal trade agreement 
     with the United States, yet Taiwan has emerged as the United 
     States' eighth largest trading partner, the United States is 
     Taiwan's largest trading partner and American businesses have 
     benefited greatly from this dynamic trade relationship; and
       Whereas, Taiwan has emerged over the past two decades as 
     one of the United States' most important allies in Asia and 
     throughout the world; and
       Whereas, Taiwan has forged an open, market-based economy 
     and a thriving democracy based on free elections and the 
     freedom of dissent, and it is in the interest of the United 
     States to encourage the development of both these 
     institutions; and
       Whereas, the United States has an obligation to its allies 
     and to its own citizens to encourage economic growth, market 
     opening and the destruction of trade barriers as a means of 
     raising living standards across the board; and
       Whereas, a free trade agreement with Taiwan would be a 
     positive step toward accomplishing all of these goals: Now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature hereby 
     urge President George W. Bush and Congress to support a free 
     trade agreement between the United States and Taiwan: and be 
     it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the Vice President of the United States as 
     presiding officer of the United States Senate, the Speaker of 
     the United States House of Representatives, the United States 
     Secretary of State, the Director General of the Taipei 
     Economic and Cultural Office in San Francisco, the Executive 
     Director of the Las Vegas Taiwanese Chamber of Commerce and 
     the members of the Nevada Congressional Delegation; and be it 
     further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-124. A resolution adopted by the Senate of the State of 
     Florida urging Congress to timely authorize the State 
     Children's Health Insurance Program to assure federal funding 
     for the Florida Kidcare program; to the Committee on Finance.

                          Senate Memorial 1506

       Whereas, the Legislature of the State of Florida regards 
     the health of children to be of paramount importance to 
     families in the State, and
       Whereas, the Legislature of the State of Florida regards 
     poor child health as a threat to the educational achievement 
     and social and psychological well-being of the children of 
     the State of Florida, and
       Whereas, the Legislature of the State of Florida considers 
     protecting the health of children to be essential to the 
     well-being of Florida's youngest citizens and the quality of 
     life in the state, and
       Whereas, the Legislature of the State of Florida considers 
     the Florida Kidcare program, which was created in 1998 and 
     currently has 1,388,520 children enrolled in the program, to 
     be an integral part of the arrangements for health benefits 
     for the children of the State of Florida, and
       Whereas, the Legislature of the State of Florida recognizes 
     the value of the Florida Kidcare program in preserving child 
     wellness, preventing and treating childhood disease, 
     improving health outcomes, and reducing overall health costs, 
     and
       Whereas, the Legislature of the State of Florida considers 
     the federal funding available for the Florida Kidcare program 
     to be indispensable to providing health benefits for children 
     of modest means, Now, therefore, be it
       Resolved, by the Legislature of the State of Florida: That 
     the Legislature urges the members of the Florida delegation 
     to the United States Congress to ensure that the Congress 
     reauthorizes the State Children's Health Insurance Program 
     (SCHIP) to continue to provide federal funding for the 
     Florida Kidcare program: Be it further
       Resolved, That the Legislature urges the Governor to work 
     with the Florida delegation to ensure that SCHIP is 
     reauthorized in a timely manner. Be it further
       Resolved, That the Legislature urges the Governor to 
     provide the assistance necessary to identify and enroll 
     children who qualify for Medicaid or the Florida Kidcare 
     program. Be it further
       Resolved, That the Legislature proclaims that all 
     components of state government should work together with 
     educators, health care providers, social workers, and parents 
     to ensure that all available public and private assistance 
     for providing health benefits to uninsured children in this 
     state be used to the maximum extent possible. Be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-125. A joint resolution adopted by the Legislature of 
     the State of Nevada urging Congress to continue to support 
     the participation of the Republic of China on Taiwan in the 
     World Health Organization; to the Committee on Foreign 
     Relations.

                     Senate Joint Resolution No. 15

       Whereas, in the first chapter of its charter, the World 
     Health Organization set forth the objective of attaining the 
     highest possible level of health for all people, and 
     participation in international health programs is crucial as 
     the potential for the spread of infectious diseases increases 
     proportionately with increases in world trade, travel and 
     population; and
       Whereas, Taiwan's population of over 23 million is larger 
     than three-fourths of the member countries who currently 
     participate in the World Health Organization; and
       Whereas, the achievements of Taiwan in the field of health 
     are substantial and include one of the highest life 
     expectancy levels in Asia, maternal and infant mortality 
     rates comparable to those of western countries, the 
     eradication of such infectious diseases as cholera, smallpox 
     and the plague, and the distinction of being the first 
     country in the world to provide children with free hepatitis 
     B vaccinations; and
       Whereas, before its loss of membership in the World Health 
     Organization in 1972, Taiwan sent specialists to serve in 
     other member countries on countless health projects and its 
     health experts held key positions in the organization, all to 
     the benefit of the entire Pacific region; and
       Whereas, presently, this remarkable country is not allowed 
     to participate in any forums or workshops organized by the 
     World Health Organization concerning the latest technologies 
     in the diagnosis, monitoring and control of disease; and
       Whereas, in recent years, the government and the expert 
     scientists and doctors of Taiwan have expressed a willingness 
     to assist financially and technically in international aid 
     and health activities supported by the World Health 
     Organization, but these offers have been refused; and
       Whereas, admittance of Taiwan to the World Health 
     Organization would bring tremendous benefits to all persons 
     in this world: Now, therefore, be it
       Resolved, by the Senate and Assembly of the State of 
     Nevada, Jointly, That the members of the Nevada Legislature 
     hereby urge President George W. Bush and the Congress of the 
     United States to continue to support all efforts made by the 
     Republic of China on Taiwan to gain meaningful participation 
     in the World Health Organization; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the Vice President of the United States, the 
     Speaker of the House of Representatives, the Secretary of 
     Health and Human Services, the Director General of the Taipei 
     Economic and Cultural Office in San Francisco, the Executive 
     Director of the Las Vegas Taiwanese Chamber of Commerce and 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-126. A resolution adopted by the Senate of the State of 
     Florida urging Congress to engage the international community 
     to take action in the effort to bring a just and lasting 
     peace to the people of Darfur; to the Committee on Foreign 
     Relations.

                          Senate Memorial 1698

       Whereas, United Nations officials have described the 
     ongoing crisis in Darfur as ``the world's worst humanitarian 
     crisis,'' and
       Whereas, hundreds of thousands of people have died and more 
     than 2.5 million have been displaced in Darfur since 2003, 
     and
       Whereas, the Government of Sudan has failed in its 
     responsibility to protect the many peoples of Darfur, and
       Whereas, the United States Congress declared on July 22, 
     2004, that the atrocities in Darfur constituted genocide, and
       Whereas, on September 9, 2004, Secretary of State Colin 
     Powell and President George

[[Page 15626]]

     W. Bush described the crisis in Darfur as genocide, and
       Whereas, on June 30, 2005, President Bush confirmed that 
     ``the violence in the Darfur region is clearly genocide and 
     the human cost is beyond calculation,'' and
       Whereas, on May 8, 2006, President Bush stated, ``we will 
     call genocide by its rightful name, and we will stand up for 
     the innocent until the peace of Darfur is secured,'' and
       Whereas, on May 5, 2006, the Government of Sudan and the 
     largest rebel faction in Darfur, the Sudan Liberation 
     Movement, led by Minni Minnawi, signed the Darfur Peace 
     Agreement (DPA), and
       Whereas, violence in Darfur escalated in the months 
     following the signing of the DPA, with increased attacks 
     against civilians and humanitarian workers, and
       Whereas, violence has spread to the neighboring states of 
     Chad and the Central African Republic, threatening regional 
     peace and security, and
       Whereas, in July 2006, more humanitarian aid workers were 
     killed than in the previous 3 years combined, and
       Whereas, violence has forced some humanitarian 
     organizations to suspend operations, leaving 40 percent of 
     the population of Darfur inaccessible to aid workers, and
       Whereas, on August 30, 2006, the United Nations Security 
     Council passed Security Council Resolution 1706 (2006), 
     asserting that the existing United Nations Mission in Sudan 
     (UNMIS) ``shall take over from the African Union Mission in 
     Sudan (AMIS) responsibility for supporting the implementation 
     of the Darfur Peace Agreement (DPA) upon the expiration of 
     AMIS's mandate but in any event no later than 31 December 
     2006,'' and that UNMIS ``shall be strengthened by up to 
     17,300 military personnel . . . up to 3,300 civilian police 
     personnel and up to 16 Formed Police Units,'' which ``shall 
     begin to be deployed no later than 1 October 2006,'' and
       Whereas, on September 19, 2006, President Bush announced 
     the appointment of Andrew Nastios as Presidential Special 
     Envoy to lead United States efforts to bring peace to the 
     Darfur region in Sudan, and
       Whereas, on November 16, 2006, high-level consultations led 
     by Kofi Annan, Secretary General of the United Nations, and 
     Alpha Oumar Konare, Chairperson of the African Union 
     Commission, and including representatives of the Arab League, 
     the European Union, the Government of Sudan, and other 
     national governments, produced the ``Addis Ababa Agreement,'' 
     and
       Whereas, the Agreement stated that the DPA must be made 
     more inclusive, and ``called upon all parties--Government and 
     DPA nonsignatories--to immediately commit to a cessation of 
     hostilities in Darfur in order to give the peace process the 
     best chances for success,'' and
       Whereas, the Agreement included a plan to establish a 
     United Nations-African Union peacekeeping operation that 
     would consist of no fewer than 17,000 military troops and 
     3,000 civilian police, and would have a primarily African 
     character, and
       Whereas, the Agreement stated that the peacekeeping 
     operation must be logistically and financially sustainable, 
     with support coming from the United Nations, and
       Whereas, it is imperative that a peacekeeping force in 
     Darfur have sufficient strength and the mandate to provide 
     adequate security to the people of Darfur, and
       Whereas, on January 10, 2007, New Mexico Governor Bill 
     Richardson met with Sudanese President Omar Hassan Al-Bashir; 
     their meeting resulted in the issuance of a Joint Statement 
     calling for ``a 60-day cessation of hostilities by all 
     parties within the framework of the Darfur Peace Agreement,'' 
     and
       Whereas, the Joint Statement called for the initiation of 
     African Union/United Nations diplomatic efforts within the 
     framework of the DPA, and for two projected meetings--a 
     Government of Sudan-sponsored field commanders' conference to 
     be attended by representatives of the African Union and the 
     United Nations, and a subsequent African Union/United Nations 
     sponsored peace summit, again within the framework of the 
     DPA, to be held no later than March 15, 2007, and
       Whereas, the Joint Statement stated the need to disarm all 
     armed groups, including the Janjaweed, pursuant to the 
     provision of the DPA: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Florida Legislature:
       (1) Supports, given the rapidly deteriorating situation on 
     the ground in Darfur, the principles of the Addis Ababa 
     Agreement of November 17, 2006, in order to increase security 
     and stability for the people of Darfur.
       (2) Declares that the deployment of an African Union-United 
     Nations peacekeeping force under the command and control of 
     the United Nations, as laid out in the Addis Ababa Agreement, 
     is the minimum acceptable effort on the part of the 
     international community to protect the people of Darfur.
       (3) Supports the strengthening of the African Union 
     peacekeeping mission in Sudan so that it may improve its 
     performance with regard to civilian protection as the African 
     Union peacekeeping mission begins to transfer responsibility 
     for protecting the people of Darfur to the United Nations-
     African Union peacekeeping force under the command and 
     control of the United Nations, as laid out in the Addis Ababa 
     Agreement.
       (4) Calls upon the Government of Sudan to immediately:
       (a) Allow the implementation of the united Nations light 
     and heavy support packages as provided for in the Addis Ababa 
     Agreement; and
       (b) Work with the United Nations and the international 
     community to deploy United Nations peacekeepers to Darfur in 
     keeping with the United Nations Security Council Resolution 
     1706 passed on August 31, 2006.
       (5) Calls upon all parties to the conflict to immediately:
       (a) Adhere to the Joint Statement issued by Governor Bill 
     Richardson and President Omar Hassan Al-Bashir on January 10, 
     2007;
       (b) Observe the cease-fire contained therein; and
       (c) Respect the impartiality and neutrality of humanitarian 
     agencies so that relief workers can have unfettered access to 
     their beneficiary populations and deliver desperately needed 
     assistance.
       (6) Urges the President to:
       (a) Continue work with other members of the international 
     community, including the permanent members of the United 
     Nations Security Council, the African Union, the European 
     Union, the Arab League, Sudan's trading partners, and the 
     Government of Sudan to facilitate the implementation of the 
     Addis Ababa Agreement and the subsequent Richardson-Bashir 
     Joint Statement;
       (b) Ensure the ability of any peacekeeping force deployed 
     to Darfur to carry out its mandate by providing adequate 
     funding and by working with our international partners to 
     provide technical assistance, logistical support and 
     intelligence-gathering capabilities, and military assets;
       (c) Vigorously pursue, in cooperation with other members of 
     the international community, strong punitive action against 
     those persons responsible for crimes against humanity as 
     previously authorized in the Darfur Peace and Accountability 
     Act of 2006 (Public Law 109-344), United Nations Security 
     Council Resolution 1591 (2005), and the Comprehensive 
     Peace in Sudan Act of 2004 (Public Law 108-497, 118 Stat. 
     4012); and
       (d) Make all necessary efforts to address the widespread 
     incidents of gender-based violence in Darfur, including 
     working with the Government of Sudan to help institute a 
     zero-tolerance policy for gender-based violence as agreed to 
     in the Richardson-Bashir Joint Statement.
       (7) Calls upon the Speaker of the United States House of 
     Representatives, the Majority Leader of the United States 
     Senate, and the Florida delegation to the United States 
     Congress to:
       (a) Provide all necessary funding and support for United 
     Nations and African Union peacekeeping operations in Darfur;
       (b) Provide all necessary funding and support for 
     humanitarian aid in Darfur and affected areas of Chad and the 
     Central African Republic;
       (c) Conduct sufficient oversight of actions by the United 
     States administration to ensure that no opportunities for 
     furthering the peace are missed; and
       (d) Continue to monitor the conflict and political 
     processes and, if necessary, examine imposing additional 
     punitive sanctions against the Government of Sudan, officials 
     within the Government of Sudan, rebel leaders, and any other 
     individual or group obstructing the ongoing peace process or 
     in violation of agreed-upon cease-fires and the Darfur Peace 
     Agreement; and be it further
       Resolved, That the Florida Legislature urges Congress to do 
     all in its power to further the goals expressed in this 
     memorial in order to bring lasting peace to the people of 
     Darfur: and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-127. A joint resolution adopted by the Legislature of 
     the State of Montana repealing, rescinding, canceling, 
     voiding, and superseding any and all extant application 
     previously made by the Legislature to Congress to call a 
     convention pursuant to the terms of Article V of the U.S. 
     Constitution for proposing one or more amendments to it; to 
     the Committee on the Judiciary.

                     House Joint Resolution No. 38

       Whereas, the Legislature of the State of Montana, acting 
     with the best of intentions, has, at various times and during 
     various sessions, previously made applications to the 
     Congress of the United States of America to call one or more 
     conventions to propose either a single amendment concerning a 
     specific subject or to call a general convention to propose 
     an unspecified and unlimited number of amendments to the 
     United States Constitution, pursuant to the provisions of 
     Article V of the United States Constitution; and
       Whereas, former Chief Justice of the United States of 
     America Warren E. Burger, former Associate Justice of the 
     United States Supreme Court Arthur J. Goldberg, and other 
     leading constitutional scholars agree that such a convention 
     may propose sweeping changes to the Constitution, any

[[Page 15627]]

     limitations or restrictions purportedly imposed by the states 
     in applying for a convention or conventions to the contrary 
     notwithstanding. thereby creating an imminent peril to the 
     well-established rights of the citizens and the duties of 
     various levels of government; and
       Whereas, the Constitution of the United States of America 
     has been amended many times in the history of this nation and 
     may be amended many more times. without the need to resort to 
     a constitutional convention, and has been interpreted for 
     more than 200 years and has been found to be a sound document 
     that protects the lives and liberties of the citizens; and
       Whereas, there is no need for, and rather there is great 
     danger in, a new Constitution or in opening the Constitution 
     to sweeping changes, the adoption of which would only create 
     legal chaos in this nation and only begin the process of 
     another 2 centuries of litigation over its meaning and 
     interpretation. Now, therefore, be it
       Resolved by the Senate and the House of Representatives of 
     the State of Montana, That the Legislature does hereby 
     repeal, rescind, cancel, nullify, and supersede to the same 
     effect as if they had never been passed any and all extant 
     applications by the Legislature of the State of Montana to 
     the Congress of the United States of America to call a 
     convention to propose amendments to the Constitution of the 
     United States of America, pursuant to the terms of Article V 
     of the Constitution, regardless of when or by which session 
     or sessions of the Montana Legislature the applications were 
     made and regardless of whether the applications were for a 
     limited convention to propose one or more amendments 
     regarding one or more specific subjects and purposes or for a 
     general convention to propose an unlimited number of 
     amendments upon an unlimited number of subjects; and be it 
     further
       Resolved, That the following resolutions and memorials are 
     specifically repealed, rescinded, canceled, nullified, and 
     superseded: Joint Concurrent Resolution No. 2, 1901; House 
     Joint Resolution No. 1, 1905; Senate Joint Resolution No. 1, 
     1907; House Joint Memorial No. 7, 1911; House Joint 
     Resolution No. 13, 1963; and Senate Joint Resolution No. 5, 
     1965; and be it further
       Resolved, That the Legislature of the State of Montana 
     urges the Legislatures of each and every state that has 
     applied to Congress to call a convention for either a general 
     or a limited constitutional convention to repeal and rescind 
     the applications; and be it further
       Resolved, That the Secretary of State is directed to send 
     copies of this resolution to the Secretary of State of each 
     state in the Union, to the presiding officers of both houses 
     of the Legislatures of each state in the Union, to the 
     President of the United States Senate, to the Speaker of the 
     United States House of Representatives, and to the Montana 
     Congressional Delegation.

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