[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[Senate]
[Pages S15115-S15118]
From the Congressional Record Online through the 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-328. A resolution adopted by the Military Chaplains 
     Association of the United States of America relative to 
     Medicare; to the Committee on Finance.
       POM-329. A petition from a citizen of the State of 
     Connecticut relative to the medical profession; to the 
     Committee on Finance.
       POM-330. A resolution adopted by the Greater Miami Chamber 
     of Commerce of the City of Miami, Florida relative to Chile; 
     to the Committee on Finance.
       POM-331. A joint resolution adopted by the Legislature of 
     the State of Alabama; to the Committee on Finance.

                      ``House Joint Resolution 370

       ``Whereas, the health insurance benefits of nearly 100,000 
     retired coal miners, with an average age of 73, are in 
     jeopardy due to pending bills in the United States Congress; 
     and
       ``Whereas, the coal mining industry is vital to the economy 
     of Alabama and other states threatened by these pending 
     bills; and
       ``Whereas, these bills, if enacted, could relieve more than 
     400 corporations and companies from contributing into a 
     health care 

[[Page S 15116]]
     fund established to replace several financially-troubled funds and 
     would result in severe hardship to retired coal miners, 
     imperil the economic stability of the communities in which 
     these miners live, and would impose additional fiscal burdens 
     on the social service systems of the various states; and
       ``Whereas, most of the retirees that would be affected 
     worked their entire lives in appallingly dangerous and severe 
     conditions, and to now deny benefits is unthinkable to fair-
     minded persons throughout the country: Now therefore be it
       ``Resolved by the Legislature of Alabama, both Houses 
     thereof concurring, That we hereby express our strongest 
     opposition to the passage or consideration of any pending 
     bills before the United States Congress that would eliminate 
     or reduce benefits for coal miners and their widows.
       ``Resolved further, That a copy of this resolution be sent 
     to each member of the Alabama Congressional Delegation, and 
     to the Speaker of the U.S. House of Representatives and the 
     President of the U.S. Senate as an expression of our 
     opposition.''
                                                                    ____

       POM-332. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on Finance.

                     ``House Concurrent Resolution

       ``Whereas, congressional legislation in 1976 added Section 
     170(e)(3) of the Internal Revenue Code, offering a tax 
     incentive for donations by corporations to charities serving 
     the ill, the needy, or infants; and
       ``Whereas, the incentive exists in the form of a charitable 
     contribution deduction equal to half the difference between 
     the donor's cost and the fair market value of the donated 
     product, not to exceed twice the cost; and
       ``Whereas, in West Texas, which contributes a high 
     percentage of this state's agricultural production, farmers 
     have responded generously to solicitations by providing 
     donations of food for dehydration and distribution to the 
     hungry through the food bank network; and
       ``Whereas, fairness warrants that noncorporate farmers and 
     any other entities supplying food or other charitable 
     donations be entitled to equal tax treatment and enjoy a 
     similar tax incentive as corporate farmers; and
       ``Whereas, such an incentive would not only increase the 
     amount of food destined for the needy but would have a 
     positive effect on net farm income and would prevent the 
     destruction of crops that are economically unmarketable due 
     to poor weather conditions, corresponding low yield, or other 
     factors: Now, therefore, be it
       ``Resolved, That the 74th Legislature of the State of Texas 
     hereby respectfully urge the United States Congress to amend 
     the Internal Revenue Code to extend to noncorporate farmers, 
     entities, and individuals the tax incentive for charitable 
     donations; and, be it further
       ``Resolved, That the Texas Secretary of State forward 
     official copies of this resolution to the Speaker of the 
     House of Representatives and President of the Senate of the 
     United States Congress and to all Members of the Texas 
     delegation to the Congress with the request that it be 
     entered officially in the Congressional Record as a memorial 
     to the Congress of the United States.''
                                                                    ____

       POM-333. A concurrent resolution adopted by the Legislature 
     of the State of Nevada; to the Committee on Finance.

                 ``Senate Concurrent Resolution No. 16

       ``Whereas, persons with disabilities should have the 
     opportunity to achieve the highest possible level of personal 
     independence; and
       ``Whereas, persons with disabilities frequently require 
     assistance to perform daily tasks that they would normally 
     perform for themselves if they did not have a disability, 
     such as bathing, dressing and preparing meals; and
       ``Whereas, assistance provided to a person with a 
     disability in his home allows him to maintain his 
     independence; and
       ``Whereas, if the state could pay a recipient directly for 
     assistance provided to him in his home, the recipient could 
     employ the person of his choice to assist him; and
       ``Whereas, allowing a recipient the opportunity to employ 
     the person of his choice to assist him with his daily tasks 
     would provide him with additional freedom and independence to 
     manage his own affairs; and
       ``Whereas, under the current federal law the State of 
     Nevada would lose federal funding if it made direct payments 
     to a recipient for such services; and
       ``Whereas, under the provisions of the Internal Revenue 
     Code of 1986 and regulations adopted pursuant thereto, the 
     State of Nevada may not, without being considered an 
     employer, provide various administrative, clinical and 
     quality assurance services relating to personal assistants 
     employed by persons with disabilities, including the 
     investigation, recruiting, screening, training, supervision 
     or monitoring of such persons; Now, therefore, be it
       ``Resolved by the Senate of the State of Nevada, the 
     Assembly concurring, That the Nevada Legislature urges the 
     Congress of the United States to amend Title XIX of the 
     Social Security Act (42 U.S.C. Sec. Sec. 1396 et seq.) to 
     allow states to make payments for personal assistance 
     services provided in the homes of recipients of Medicaid who 
     have disabilities directly to the recipients of such services 
     under appropriate circumstances; and be it further
       ``Resolved, That the Nevada Legislature urges the Congress 
     of the United States to amend the provisions of the Internal 
     Revenue Code of 1986 to require the Secretary of the Treasury 
     to revise Revenue Procedures 70-6 and 80-4 to allow states or 
     designated agencies of the states to provide, without being 
     deemed an employer, various administrative, clinical and 
     quality assurance services relating to personal assistants 
     employed by recipients of Medicaid who have disabilities, 
     including the investigation, recruiting, screening, training, 
     supervising and monitoring of such assistants; 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 and each member of 
     the Nevada Congressional Delegation.''
                                                                    ____

       POM-334. A resolution adopted by the Society For 
     Conservation Biology relative to Cuba; to the Committee on 
     Foreign Relations.
       POM-335. A resolution adopted by the Senate of the 
     Legislature of the State of Alaska; to the Committee on 
     Foreign Relations.

                       ``Senate Resolution No. 2

       ``Whereas the International Maritime Organization (IMO), an 
     organization under the auspices of the United Nations, is 
     currently drafting proposals for an international treaty 
     adopting and expanding insurance indemnity provisions for 
     seaborne commodities; and
       ``Whereas in contrast to existing maritime classifications 
     and the policies and regulations of the United States 
     Department of Transportation and the United States Coast 
     Guard, the IMO proposes classifying coal as a hazardous and 
     noxious material; and
       ``Whereas there is no rational reason or precedent for 
     classifying coal as a hazardous or noxious material and the 
     current maritime insurance has, without exception, adequately 
     provided insurance indemnity for seaborne coal shipping; and
       ``Whereas action classifying coal as a hazardous or noxious 
     material could significantly increase insurance rates and the 
     delivered cost of coal to the benefit of competing fuel 
     sources; and
       ``Whereas this action would dramatically reduce the 
     competitiveness of coal as an import fuel and reduce the 
     amount of exported coal from countries such as the United 
     States; and
       ``Whereas this action would reduce the potential for the 
     increased export of Alaska coal; and
       ``Whereas the National Mining Association, the United 
     States Coal Exporters Association, and the Alaska Coal 
     Association, together with labor organizations, adamantly 
     oppose the IMO proposal; and
       ``Whereas it is critical that United States government 
     representatives to the IMO convention oppose the 
     classification of coal as a hazardous or noxious material;
       Be it Resolved That the Senate respectfully urges the 
     United States Senate not to ratify a Hazardous and Noxious 
     Substance Convention proposed by the International Maritime 
     Organization that includes coal as a designated hazardous or 
     noxious material.''
                                                                    ____

       POM-336. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                   ``Assembly Joint Resolution No. 42

       ``Whereas, Harry Wu, a United States citizen and resident 
     of Milpitas, California, is an outspoken critic of the 
     Chinese penal system; and
       ``Whereas, as a young man, Harry Wu was arrested by the 
     Chinese Communist authorities after criticizing the Soviet 
     Union's 1956 invasion of Hungary, and being labeled a 
     `counterrevolutionary rightist,' and spent 19 years as a 
     political prisoner in a labor reform camp; and
       ``Whereas, Harry Wu came to the United States in 1985 as a 
     visiting scholar at the University of California, Berkeley, 
     in the Civil Engineering Department; and
       ``Whereas, Harry Wu is currently a research fellow at the 
     Hoover Institution on War and Peace at Stanford University; 
     and
       ``Whereas, Harry Wu has completed research and published 
     articles and books reflecting the human rights abuses in 
     China, including `Laogai--The Chinese Gulag' and `Bitter 
     Winds: A Memoir of My Years in China's Gulag'; and
       ``Whereas, Harry Wu is the founder and executive director 
     of the Laogai Foundation, founded to study China's labor 
     camps; and
       ``Whereas, Harry Wu has worked diligently and risked his 
     freedom to document the human rights abuses and conditions in 
     Chinese gulags, twice returning to China in 1991 to secretly 
     videotape conditions in the Chinese gulag, and has provided 
     documentation on how Chinese officials disguise prison-made 
     products so that American and other Western businesses would 
     not be reluctant to buy them; and
       ``Whereas, Harry Wu has testified numerous times on Capitol 
     Hill regarding human rights abuses, and most recently 
     testified before the Senate Foreign Relations Committee on 
     the illegal human organ trade that occurs with China's prison 
     camps; and
       ``Whereas, Harry Wu has gained international attention for 
     his crusade against the Chinese system of prison labor camps 
     and has been instrumental in providing documentary 
     information that has been broadcast in the United States and 
     Great Britain; and

[[Page S 15117]]

       ``Whereas, Harry Wu has been nominated for the Nobel Peace 
     Prize for his work on behalf of human rights in China; and
       ``Whereas, Harry Wu has been detained in China since June 
     19, 1995; Now, therefore, be it
       ``Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature hereby memorializes 
     the President and Congress of the United States to continue 
     to use all diplomatic avenues available to press the Chinese 
     government for the safe and speedy return of Harry Wu; and be 
     it further
       ``Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
                                                                    ____

       POM-337. A resolution adopted by the Senate of the 
     Legislation of the Commonwealth of Massachusetts; to the 
     Committee on Foreign Relations.

                              ``Resolution

       ``Whereas, Harry Wu has dedicated his life to exposing the 
     evil of the Chinese prison camps of which he was a prisoner 
     for nineteen years; and
       ``Whereas, Mr. Wu has chosen to become an American citizen, 
     fully vested with the rights and freedoms accruing to all 
     American citizens and the protections afforded by the United 
     States Government to all such citizens; and
       ``Whereas, Mr. Wu has recently been detained by the Chinese 
     Government without access to the United States consular 
     officials for more than twenty days; and
       ``Whereas, nascent economic relationships, such as those 
     between the United States and the People's Republic of China, 
     grounded in emerging opportunities made possible through 
     significant free market reforms, cannot be maintained with 
     societies that fail to recognize the immutable link between 
     individual liberty and economic freedom; Now therefore be it
       ``Resolved, That the Massachusetts Senate hereby urges the 
     Congress of the United States to take whatever action 
     necessary to secure the immediate release of Harry Wu and to 
     guarantee his safe passage from the People's Republic of 
     China to his home in Milpitas, California in the United 
     States of America; and be it further
       ``Resolved, That a copy of these resolutions be transmitted 
     forthwith by the clerk of the Senate to the presiding officer 
     of each branch of Congress and the members thereof from the 
     Commonwealth.''
                                                                    ____

       POM-338. A resolution adopted by the Senate of the 
     Legislature of the State of New York; to the Committee on 
     Foreign Relations.

                      ``Senate Resolution No. 1612

       ``Whereas, the United Nations Convention on the Elimination 
     of All Forms of Discrimination Against Women was adopted by 
     the United Nations General Assembly on December 18, 1979, and 
     became an international treaty on September 3, 1991; and
       ``Whereas, by March of 1995, 139 nations, including all 
     industrialized members of the United Nations except South 
     Africa and the United States have ratified or acceded to the 
     Convention's provisions; and
       ``Whereas, the Convention provides a comprehensive 
     framework for challenging the various forces that have 
     created and sustained discrimination based on sex against 
     half the world's population, and the nations in support of 
     the present Convention have agreed to follow Convention 
     prescriptions; and
       ``Whereas, New York State shares the goals of the 
     Convention, namely, affirming faith in fundamental human 
     rights, in the dignity and worth of the human person, and in 
     the equal rights of women; and
       ``Whereas, New York State has a history of supporting 
     efforts to end discrimination against women, having 
     prohibited discrimination in employment on the basis of sex 
     in 1964 and having ratified the Equal Rights Amendment to the 
     United States Constitution in 1972; and
       ``Whereas, it is the belief of this Legislative Body that 
     it is fitting and appropriate to support ratification of the 
     most important international agreement affecting the lives of 
     women throughout the world: Now, therefore, be it
       ``Resolved, That this Legislative Body pause in its 
     deliberations to memorialize the Congress of the United 
     States to ratify the United Nations Convention on the 
     Elimination of All Forms of Discrimination Against Women and 
     support the Convention's continuing goals; and be it further
       ``Resolved, That copies of this Resolution, suitably 
     engrossed, be transmitted to the President of the United 
     States, the President of the Senate, the Secretary of State, 
     the Speaker of the House of Representatives, the Chair of the 
     Senate Foreign Relations Committee and to each member of the 
     New York State Congressional Delegation.''
                                                                    ____

       POM-339. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on Government 
     Affairs.

                  ``House Concurrent Resolution No. 30

       ``Whereas, in response to an Act of Congress approved April 
     10, 1869, the 12th Legislature of the State of Texas convened 
     in Provisional Session from February 8 to February 24, 1870, 
     and ratified Amendments XIII, XIV, and XV to the United 
     States Constitution; and
       ``Whereas, those federal constitutional amendments, each 
     ratified by separate joint resolutions of the 12th 
     Legislature on February 15, 1870, solidified some of the most 
     precious rights that have been guaranteed constitutionally to 
     Americans, particularly ethnic minorities who were granted 
     the blessings of equal citizenship and the beginning of an 
     end to their past oppression; and
       Whereas, Amendment XIII eliminated forever the practice of 
     slavery, Amendment XIV promised due process and the equal 
     protection of the laws, and Amendment XV prohibited denial of 
     suffrage on the grounds of race, color, or previous condition 
     of servitude; and
       ``Whereas, over time, copies of the three resolutions 
     regrettably have vanished from the holdings of the Texas 
     state archives, yet others are preserved in Washington, D.C., 
     by virtue of their certification and transmittal to the 
     Secretary of State of the United States and to the presiding 
     officers of the United States Congress; and
       ``Whereas, the 1995 Regular Session of the 74th Legislature 
     coincides with the 125th anniversary of these historic 
     ratification actions and marks an appropriate time for the 
     conveyance to this state of replicas of the three resolutions 
     so that Texans may view and appreciate a series of documents 
     that have played such an important role in the extension and 
     elaboration of their civil rights: Now, therefore, be it
       ``Resolved, That the 74th Legislature of the State of 
     Texas, Regular Session, 1995, hereby respectfully request the 
     National Archives and Records Administration to make copies 
     of the joint resolutions of the 12th Texas Legislature 
     ratifying Amendments XIII, XIV, and XV to the United States 
     Constitution and transmit those copies to the Texas State 
     Library and Archives Commission for placement in the state 
     archives; and, be it further
       ``Resolved, That the Texas secretary of state forward 
     copies of this resolution to the archivist of the United 
     States at the National Archives and Records Administration, 
     to the vice-president of the United States and speaker of the 
     United States House of Representatives with a request that 
     this resolution be officially entered in the Congressional 
     Record, and to all members of the Texas delegation to the 
     United States Congress, as an official request to the federal 
     government by the 74th Legislature of the State of Texas; 
     and, be it further
       ``Resolved, That if and when such replicas are received 
     from the National Archives and Records Administration, the 
     Texas State Library and Archives Commission be hereby 
     directed to place them in the holdings of the state archives 
     to be available for public viewing and photocopying and in 
     all other respects to be treated as any other material worthy 
     of archival storage and retrieval.''
                                                                    ____

       POM-340 A resolution adopted by the Senate of the 
     Legislature of the State of Alaska; to the Committee on 
     Indian Affairs.

                       ``Senate Resolution No. 4

       ``Whereas the State of Alaska entered into the Union on an 
     equal footing with all other states, and the Statehood 
     Compact specifically granted authority over fish and wildlife 
     to the State of Alaska; and
       ``Whereas the State of Alaska is the only state subject to 
     a federally imposed policy barring the ownership of reindeer 
     based on race; and
       ``Whereas the Congress and the President of the United 
     States are presently embarking on a campaign to return rights 
     and authority to the states; and
       ``Whereas federal laws applicable to the Territory of 
     Alaska do not necessarily apply to the State of Alaska; and
       ``Whereas the Reindeer Industry Act of 1937 was enacted 
     when Alaska was a territory and became ineffective upon 
     statehood;
       ``Be it Resolved That the Alaska State Senate respectfully 
     requests the U.S. Congress to clarify that the Reindeer 
     Industry Act of 1937 does not apply in the State of Alaska.''
                                                                    ____

       POM-341. A petition from a citizen of the State of Texas 
     relative to a Constitutional amendment; to the Committee on 
     the Judiciary.
       POM-342. A concurrent resolution adopted by the Legislature 
     of the State of Texas; to the Committee on the Judiciary.

                     ``House Concurrent Resolution

       ``Whereas, the Red River constitutes the boundary between 
     the states of Texas and Oklahoma; and
       ``Whereas, the exact determination of where the bank of the 
     Red River is located is extremely difficult and subject to 
     widely divergent opinion; and
       ``Whereas, the bank of the Red River is not a permanent 
     location, but is constantly changing; and
       ``Whereas, the federal government claims ownership of the 
     south half of the Red River within a 116-mile stretch between 
     the 98th Meridian and the mouth of the North Fork of the Red 
     River; and
       ``Whereas, the Kiowa, Comanche, and Apache tribes claim 
     entitlement to 62\1/2\ percent of the revenues derived from 
     oil and gas production from these lands; and
       ``Whereas, the changing location of the bank and the 
     difficulty in determining its location at any given time has 
     created problems in the enforcement of laws, collection of 
     taxes, economic development, and the establishment of 
     property ownership; and
       ``Whereas, it is to the mutual advantage of the states of 
     Texas and Oklahoma to agree 

[[Page S 15118]]
     on and establish a permanent boundary between both states; Now, 
     therefore, be it
       ``Resolved by the 74th Legislature of the State of Texas, 
     That the Red River Boundary Commission is hereby created; the 
     commission shall consist of not more than 17 members 
     appointed by the governor; the commissioners shall be 
     representative of private property owners, local government 
     elected officials, mineral interests, and the general public; 
     such members shall serve without compensation, except for 
     reasonable travel reimbursement; staffing for this commission 
     shall be provided by the General Land Office, the Office of 
     the Attorney General, and the Texas Natural Resource 
     Conservation Commission; and, be it further
       ``Resolved, That the chairman shall be appointed by the 
     governor; the first meeting of the commission shall be no 
     later than July 15, 1995; and, be it further
       ``Resolved, That it shall be the duty of the commission to 
     confer and act in conjunction with the representatives to be 
     appointed on behalf of the State of Oklahoma for the 
     following purposes:
       ``(1) to initially make a joint investigation at the joint 
     expense of the two states as to the appropriate method of 
     establishing a permanent location of the common boundary 
     between the two states with respect to the Red River;
       ``(2) to investigate, negotiate, and report as to the 
     necessity and advisability of a compact between the two 
     states defining and locating a permanent, identifiable state 
     line;
       ``(3) to hold such hearings and conferences in either of 
     the two states as may be required and to take such action, 
     either separately or in cooperation with the State of 
     Oklahoma or the United States, or both, as may be necessary 
     or convenient to accomplish the purposes of this resolution; 
     and
       ``(4) to report to the governor and the Legislature of the 
     State of Texas annually no later than January 15 of each 
     year its findings and recommendations concerning joint 
     action by the State of Texas and the State and the State 
     of Oklahoma; and, be it further
       ``Resolved, That the Red River Boundary Commission shall 
     terminate on June 30, 1998; and, be it further
       ``Resolved, That the legislature hereby respectfully 
     request the president and the Congress of the United States 
     to meet and confer with the commission and the 
     representatives of the State of Oklahoma and to assist in 
     carrying out the purposes of this resolution; and, be it 
     further
       ``Resolved, That the governor of the State of Texas be and 
     is hereby empowered and requested to forward a copy of this 
     resolution to the governor of the State of Oklahoma and to 
     request that the governor or legislature of that state 
     appoint representatives of the State of Oklahoma to confer 
     and act in conjunction with the commission for the purposes 
     above specified, with the understanding that each state pay 
     all expenses of its representatives; and, be it further
       ``Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, the speaker of the house of representatives 
     and president of the senate of the United States Congress and 
     to all members of the Texas delegation to the congress with 
     the request that it be officially entered in the 
     Congressional Record as a memorial to the Congress of the 
     United States of America.''
                                                                    ____

       POM-343. A concurrent resolution adopted by the Legislature 
     of the State of Oregon; to the Committee on the Judiciary.

                    ``House Concurrent Resolution 3

       ``Section 1. Total outlays for any fiscal year shall not 
     exceed total receipts for that fiscal year, unless three-
     fifths of the whole number of each House of Congress shall 
     provide by law for a specific excess of outlays over receipts 
     by a rollcall vote.
       ``Section 2. The limit on the debt of the United States 
     held by the public shall not be increased, unless three-
     fifths of the whole number of each House shall provide by law 
     for such an increase by a rollcall vote.
       ``Section 3. Prior to each fiscal year, the President shall 
     transmit to the Congress a proposed budget for the United 
     States Government for that fiscal year, in which total 
     outlays do not exceed total receipts.
       ``Section 4. No bill to increase revenue shall become law 
     unless approved by a majority of the whole number of each 
     House by a rollcall vote.
       ``Section 5. The Congress may waive the provisions of this 
     article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an imminent and serious 
     military threat to national security and is so declared by a 
     joint resolution, adopted by a majority of the whole number 
     of each House, which becomes law.
       ``Section 6. The Congress shall enforce and implement this 
     article by appropriate legislation, which may rely on 
     estimates of outlays and receipts.
       ``Section 7. Total receipts shall include all receipts of 
     the United States Government except those derived from 
     borrowing. Total outlays shall include all outlays of the 
     United States Government except for those for repayment of 
     debt principal.
       ``Section 8. This article shall take effect beginning with 
     fiscal year 1999 or with the second fiscal year beginning 
     after its ratification, whichever is later.''

                          ____________________