[Congressional Record Volume 140, Number 137 (Tuesday, September 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.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-635. A concurrent resolution adopted by the Legislature 
     of the State of Mississippi; to the Committee on Armed 
     Services.

                    ``House Concurrent Resolution 13

       ``Whereas, the smuggling of drugs into the United States is 
     a multi-billion dollar business which destroys numerous lives 
     and has created a plague on our society; and
       ``Whereas, by using military force the flow of drugs could 
     be drastically reduced and hopefully halted; and
       ``Whereas, a drug free United States would result in a 
     nation with less crime and would remove the fear of crime 
     which is so prevalent among law abiding citizens; and
       ``Whereas, drug abuse destroys the fabric of our proud 
     heritage as citizens of the greatest nation in the world; and
       ``Whereas, it is the policy of this Legislature to make 
     every effort to make our nation a safe and prosperous place 
     for all of our citizens: Now, therefore, be it
       ``Resolved by the House of Representatives of the State of 
     Mississippi, the Senate concurring therein, That we do hereby 
     memorialize the United States Congress to use all available 
     military forces to stop the flow of illegal drugs into the 
     United States; and be it further
       ``Resolved, That copies of this resolution be furnished to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, the Mississippi 
     Congressional Delegation and to the members of the Capitol 
     Press Corps.''
                                  ____

       POM-636. A resolution adopted by the Legislature of 
     Rockland County, New York relative to the Sterling Forest; to 
     the Committee on Energy and Natural Resources.
       POW-637. A resolution adopted by the Municipal Assembly of 
     the City of Aquadilla, Puerto Rico relative to the election 
     of President and Vice President of the United States; to the 
     Committee on Energy and Natural Resources.
       POW-638. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Massachusetts; to the 
     Committee on Environment and Public Works.

                              ``Resolution

       ``Whereas, the communities serviced by the south Essex 
     Sewerage District are faced with meeting the Federal 
     requirements of the Clean Water Act in the construction of a 
     new sewerage treatment facility at a cost of two hundred and 
     sixty million dollars; and
       ``Whereas, the cost of the project is so overwhelming that 
     there has been a tremendous burden placed on the local 
     ratepayers causing wholesale sewer user charges in the south 
     Essex Sewerage District to triple and communities throughout 
     the commonwealth of Massachusetts are now, or soon will be 
     faced with similar unfunded clean water mandates; and
       ``Whereas, the new State revolving fund formula contained 
     in the United States Senate bill, S. 2093, properly adopts 
     and undated needs assessment formula which recognizes the 
     changing national priorities in the construction of their 
     important wastewater facilities, including the financial 
     impact of the south Essex Sewerage District project on the 
     communities served by the south Essex sewerage district, as 
     well as other Massachusetts communities faced with similar 
     burdens: Therefore be it
       ``Resolved, That the Massachusetts House of Representatives 
     urges the Congress of the United States to take all actions 
     necessary to ensure the reauthorization of the Clean Water 
     Act in 1994, and to ensure that the south Essex Sewerage 
     District and other communities receive their fair share of 
     funding to offset the cost of Federal clean water projects; 
     and be it further
       ``Resolved, That a copy of these resolutions be forwarded 
     by the Clerk of the House of Representatives to the presiding 
     officer of each branch of Congress and to the Members thereof 
     from this commonwealth.
                                  ____

       POM-639. A resolution adopted by the Legislature of 
     Schuyler County, New York relative to the Uruguay Round of 
     the General Agreement on Tariffs and Trade; to the Committee 
     on Finance.
       POM-640. A resolution adopted by the General Assembly of 
     the Presbyterian Church to the United Nations International 
     Conference on Population and Development; to the Committee on 
     Foreign Relations.
       POM-641. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Foreign 
     Relations.
       ``Whereas, for Fiscal Year 1994, the Congress of the United 
     States enacted $12.7 billion in federal foreign aid; and
       ``Whereas, in the case Hope Medical Group for Women v. 
     Edwards the United States District Court, Eastern District of 
     Louisiana has enjoined the state from enforcing R.S. 
     40:1299.34.5, insofar as it prohibits state funding for 
     abortions to terminate pregnancies resulting from acts of 
     rape or incest, while at the same time accepting Medicaid 
     funds; and
       ``Whereas, irregardless of Louisiana's participation in the 
     Medicaid program, the citizens and taxpayers of Louisiana 
     would still continue to pay taxes to support both the 
     Medicaid program and, directly or indirectly, the costs of 
     medical treatment for citizens in foreign nations: Therefore 
     be it
       ``Resolved That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States and in 
     particular the members of the Louisiana congressional 
     delegation to withhold all foreign aid if Medicaid funds are 
     withheld from Louisiana citizens; and be it further
       ``Resolved That copies of this Resolution be transmitted to 
     the secretary of the United States Senate, the clerk of the 
     United States House of Representatives, and to each member of 
     the Louisiana congressional delegation.''
                                  ____

       POM-642. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on Governmental 
     Affairs.

                   ``House Concurrent Resolution 126

       ``Whereas, in 1995, Texans will commemorate the 150th 
     anniversary of Texas' admission to the union with great pride 
     and patriotic celebrations, paying homage both to statehood 
     and to the unique history and bold traditions that are our 
     heritage; and
       ``Whereas, Texas was founded by pioneers who were willing 
     to endure any hardship and accept any challenge, for they 
     believed that the fight for freedom was a noble and just 
     cause; after winning their freedom in 1836, these settlers 
     established the Republic of Texas, thus making Texas the only 
     state in this country to exist for nearly a decade as a free 
     and independent nation; and
       ``Whereas, Texas joined the union in 1845 as the 26th 
     state, and as part of the annexation agreement, the United 
     States included several unique terms for statehood; Texas 
     entered the union as a state, not a territory, was the only 
     state allowed to retain its public domain, and preserved a 
     right to subdivide into additional states; and
       ``Whereas, Texans wisely chose to keep the Lone Star State 
     intact, however, and in doing so, they ensured that future 
     generations would enjoy a land of immense beauty and 
     contrast; the rugged terrain offers more geographic diversity 
     than many nations, and from the mountains of West Texas to 
     the lush Gulf Coast, from the arid plains of the Panhandle to 
     the fertile Rio Grande Valley, Texas provides a sweeping 
     panorama of the American landscape in all its many forms; and
       ``Whereas, Similarly, the people of Texas represent a blend 
     of cultures and ethnicities; combining the food, traditions, 
     and languages of Mexico, Spain, Germany, France, and Sweden, 
     as well as many other nations, Texans forged a unique bond 
     and created a distinct culture that celebrates the diversity 
     of its people; and
       ``Whereas, For many Americans, Texas remains the last 
     frontier, a place where wide open spaces and the Alamo echo 
     the spirit and adventure of the past, while microchip 
     industries and NASA headquarters herald the promise of the 
     future; the spirit of Texas encompasses those values that 
     Americans hold most dear, such as honor, integrity, courage, 
     and liberty; and
       ``Whereas, As Texans mark 150 years of statehood, they will 
     celebrate this event with much price and joy throughout the 
     Lone Star State; the good people of Texas invite all 
     Americans to join in commemorating a century and a half of 
     Texas history and culture, for this auspicious event is of 
     national as well as statewide significance: Now, therefore, 
     be it
       ``Resolved, That the 73rd Legislature of the State of 
     Texas, Regular Session, 1993, hereby request the United 
     States Postal Service to issue a commemorative postage stamp 
     during 1995 in recognition of Texas' 150 years of statehood; 
     and, be it further
       ``Resolved, That the Texas secretary of state forward an 
     official copy of this resolution to the postmaster general as 
     an expression of the sentiment of the Texas Legislature.''
                                  ____

       POM-643. A concurrent resolution adopted by the Legislature 
     of the State of Utah; to the Committee on Governmental 
     Affairs.

                    ``Senate Concurrent Resolution 1

       ``Whereas the Tenth Amendment to the Constitution of the 
     United States, part of the original Bill of Rights, reads as 
     follows: ``The powers not delegated to the United States by 
     the Constitution, nor prohibited by it to the States, are 
     reserved to the States respectively or to the people'';
       ``Whereas it is the sense of the Legislature of the state 
     of Utah and the Governor, acting on behalf of the people of 
     the state of Utah, that the Tenth Amendment was intended to 
     be a substantive limit on the power of the federal government 
     over the states and that it should be so applied by the state 
     and federal courts in deciding questions concerning the 
     exercise of federal authority over the states;
       ``Whereas the plain meaning of this important 
     constitutional provision has been abrogated by the United 
     States Supreme Court in the two recent decisions of Garcia v. 
     San Antonio Metropolitan Transit Authority, 469 U.S. 528 1985 
     and South Carolina v. Baker, 108 S. Ct. 1355 (1988), wherein 
     the high court held that the limits of the Tenth Amendment 
     are structural rather than substantive, thus inviting further 
     federal preemption of state authority;
       ``Whereas the states, in light of the rulings discussed 
     above, must look to Congress rather than to the courts for 
     protection from further federal regulation and intrusion into 
     the power previously recognized by the courts as being 
     specifically reserved to the states by the Constitution; and
       ``Whereas the President of the United States and the 
     Congress should be urged to protect and strengthen the 
     position of the states of our republic, to avoid further 
     intrusion by the federal government upon state prerogatives, 
     and to afford greater protection to the governing authorities 
     of the states: Now, therefore, be it
       ``Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the President of the United 
     States and the Congress to reaffirm the powers originally 
     granted to the states by the Tenth Amendment to the U.S. 
     Constitution, to protect and strengthen the position of the 
     states in this republic, to avoid further intrusion by the 
     federal government upon state prerogatives, and to afford 
     greater constitutional and statutory autonomy to the 
     governing authorities of the states; and be it further
       ``Resolved, That copies of this resolution be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the majority and minority 
     leaders of the United States Senate and the members of the 
     Utah Congressional delegation.''
                                  ____

       POM-644. A joint resolution adopted by the Legislature of 
     the State of Utah; to the Committee on the Judiciary.

                      ``Senate Joint Resolution 24

       ``Whereas Congress was originally envisioned by the 
     founding fathers as a nonpartisan, part-time legislative body 
     whose members would take time from their normal businesses 
     and professions to attend the congressional session for four 
     to five months annually;
       ``Whereas the press of the nation's business has forced the 
     Congress to become increasingly a highly structured, 
     professional, and hierarchical institution rather than an 
     informal, flexible gathering of citizens and legal intellects 
     that obtained in the federalist era;
       ``Whereas the power of the incumbency has grown over time 
     and, with the institution of electronic media, to the point 
     that the incumbent is nearly unassailable in any normal 
     election;
       ``Whereas the seniority system in the Congress, though 
     recently reformed, still places disproportionate stress on 
     electoral longevity;
       ``Whereas innovative ideas and rejuvenated vigor are more 
     likely to come to the Congress through new members fresh from 
     association with the American people;
       ``Whereas the most common complaint that the public makes 
     about congressional service is that congressmen spend more of 
     their time running for office than attending their duties;
       ``Whereas the power of incumbency makes biennial 
     congressional elections an expensive, exasperating, and 
     ultimately rather meaningless waste of each congressman's 
     time and talents; and
       ``Whereas under Article V of the Constitution of the United 
     States, an amendment to the Constitution may be proposed by 
     Congress, which shall become part of the Constitution when 
     ratified by three-fourths of the several states: Now, 
     therefore, be it
       ``Resolved by the Legislature of the State of Utah, That 
     the Congress of the United States is hereby petitioned to 
     propose an amendment to the Constitution of the United 
     States, for submission to the states for ratification, to 
     limit the number of terms a person may serve in the United 
     States House of Representatives to no more than six and to 
     limit the number of terms a person may serve in the United 
     States Senate to no more than two; and be it further
       ``Resolved, That this application by this Legislature 
     constitutes a continuing application in accordance with 
     Article V of the Constitution of the United States until the 
     Congress has proposed an amendment to the Constitution of the 
     United States similar in subject matter to that contained in 
     this Joint Resolution; and be it further
       ``Resolved, That certified copies of this resolution be 
     transmitted to the president and the secretary of the United 
     States Senate, to the speaker and the clerk of the United 
     States House of Representatives, to each member of this 
     state's delegation to the Congress, and to the presiding 
     officer of each house of each state legislature in the United 
     States.''
                                  ____

       POM-645. A concurrent resolution adopted by the Legislature 
     of the State of Utah; to the Committee on the Judiciary.

                    ``Senate Concurrent Resolution 3

       ``Whereas the U.S. Supreme Court decision legalizing the 
     burning of the American flag as a form of symbolic political 
     speech poses a threat to the ideals the flag represents;
       ``Whereas Americans hold the flag in high respect because 
     it is a symbol of the many freedoms made available to us 
     through our democratic system of government, and stands as a 
     reminder of the men and women who fought and died to protect 
     these freedoms;
       ``Whereas in the words of the President, ``Flag burning is 
     wrong, dead wrong, the flag is very special to all loyal 
     Americans'';
       ``Whereas in the words of the National Commander of the 
     American Legion, ``Many a Gold Star mother cherishes the 
     carefully folded triangular bundle of red, white, and blue as 
     the closest link to a fallen hero son'';
       ``Whereas Americans in Utah and throughout this great land 
     should not stand silent on this issue, but should let our 
     voice be heard until our elected leaders constitutionally 
     protect the American flag; and
       ``Whereas many members of Congress give bipartisan support 
     to a constitutional amendment designed to make illegal the 
     physical desecration of the American flag as a form of 
     protected symbolic political speech: Now, therefore, be it
       ``Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, strongly urges Utah's 
     congressional delegation to support a constitutional 
     amendment forbidding the physical desecration of the flag as 
     a form of protected symbolic political speech; and be it 
     further
       ``Resolved, That copies of this resolution be sent to 
     President Bush, the leadership of the United States Congress, 
     and Utah's congressional delegation.''

                          ____________________