[Congressional Record Volume 142, Number 97 (Thursday, June 27, 1996)]
[Senate]
[Pages S7175-S7178]
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-639. A petition adopted by the Legislature of the State 
     of Maryland; to the Committee on Governmental Affairs.

                            ``House Bill 712

                 ``TITLE III.--ARTICLE--TRANSPORTATION

                            ``Section 10-204


                             ``article iii

     ``Section 3
       ``There is hereby created the Washington Metropolitan Area 
     Transit Zone which shall embrace the District of Columbia, 
     the cities of Alexandria, Falls Church and Fairfax, and the 
     counties of Arlington, Fairfax, and Loudoun and political 
     subdivisions of the Commonwealth of Virginia located within 
     those counties, and the counties of Montgomery and Prince 
     George's in the State of Maryland and political subdivisions 
     of the State of Maryland located in said counties.
     ``Section 5
       ``(a) The Authority shall be governed by a board of six 
     directors consisting of two directors for each signatory. For 
     Virginia, the directors shall be appointed by the Northern 
     Virginia Transportation Commission; for the District of 
     Columbia, by the Council of the District of Columbia; and for 
     Maryland, by the Washington Suburban Transit Commission. For 
     Virginia and Maryland, the directors shall be appointed from 
     among the members of the appointing body, except as otherwise 
     provided herein, and shall serve for a term coincident with 
     their term on the appointing body. A director may be removed 
     or suspended from office only as provided by the law of the 
     signatory from which he was appointed. The appointing 
     authorities shall also appoint an alternate for each 
     director, who may act only in the absence of the director for 
     whom he has been appointed an alternate, except that, in the 
     case of the District of Columbia where only one director and 
     his alternate are present, such alternate may act on behalf 
     of the absent director. Each alternate shall serve at the 
     pleasure of the appointing authority. In the event of a 
     vacancy in the office of director or alternate, it shall be 
     filled in the same manner as an original appointment.
     ``Section 8
       ``(a) Four directors or alternates consisting of at least 
     one director or alternate appointed from each signatory, 
     shall constitute a quorum and no action by the board shall be 
     effective unless a majority of the board present and voting, 
     which majority shall include at least one director or 
     alternate from each signatory, concur therein; provided, 
     however, that a plan of financing may be adopted or a mass 
     transit plan adopted, altered, revised or amended by the 
     unanimous vote of the directors representing any two 
     signatories.


                              ``article vi

     ``Section 14
       ``(b) It shall be the duty and responsibility of each 
     member of the board to serve as liaison between the board and 
     the body which appointed him to the board. To provide a 
     framework for regional participation in the planning process, 
     the board shall create technical committees concerned with 
     planning and collection and analyses of data relative to 
     decision-making in the transportation planning proces and the 
     mayor and council of the District of Columbia, the component 
     governments of the Northern Virginia Transportation District 
     and the Washington Suburban Transit District shall appoint 
     representatives to such technical committees and otherwise 
     cooperate with the board in the formulation of a mass transit 
     plan, or in revisions, alterations or amendments thereof.
     ``Section 15
       ``(a) Before a mass transit plan is adopted, altered, 
     revised or amended, the board shall transmit such proposed 
     plan, alteration, revision or amendment for comment to the 
     following and to such other agencies as the board shall 
     determine:
       ``(1) The Mayor and Council of the District of Columbia, 
     the Northern Virginia Transportation Commission and the 
     Washington Suburban Transit Commission;
       ``(2) The governing bodies of the counties and cities 
     embraced within the zone;
       ``(3) The transportation agencies of the signatories;
       ``(4) The Washington Metropolitan Area Transit Commission;
       ``(5) The Washington Metropolitan Council of Governments;
       ``(6) The National Capital Planning Commission;
       ``(7) The National Capital Regional Planning Council;
       ``(8) The Maryland-National Capital Park and Planning 
     Commission;
       ``(9) The Northern Virginia Regional Planning and Economic 
     Development Commission;

[[Page S7176]]

       ``(10) The Maryland Office of Planning; and
       ``(11) The private transit companies operating in the zone 
     and the labor unions representing the employees of such 
     companies and employees of contractors providing service 
     under operating contracts.
       ``(b) A copy of the proposed mass transit plan, amendment 
     or revision, shall be kept at the office of the board and 
     shall be available for public inspection. Information with 
     respect thereto shall be released to the public. After thirty 
     days' notice published once a week for two successive weeks 
     in one or more newspapers of general circulation within the 
     zone, a public hearing shall be held with respect to the 
     proposed plan, alteration, revision or amendment. The thirty-
     days' notice shall begin to run on the first day the notice 
     appears in any such newspaper. The board shall consider the 
     evidence submitted and statements and comments made at 
     such hearing and may make any changes in the proposed 
     plan, amendment or revision which it deems appropriate and 
     such changes may be made without further hearing.


                             ``article vii

     ``Section 18
       ``(c) With respect to the federal government, the 
     commitment or obligation to render financial assistance shall 
     be created by appropriation or in such other manner, or by 
     such other legislation, as the Congress shall determine. 
     Commitments by the District of Columbia shall be by contract 
     or agreement between the governing body of the District of 
     Columbia and the Authority, pursuant to which the Authority 
     undertakes, subject to the provisions of Section 20 hereof, 
     to provide transit facilities and service in consideration 
     for the undertaking by the District of Columbia to contribute 
     to the capital required for the construction and/or 
     acquisition of facilities specified in a mass transit plan 
     adopted as provided in Article VI, or in any alteration, 
     revision or amendment thereof, and for meeting expenses and 
     obligations incurred in the operation of such facilities.


                             ``article xvi

     ``Section 81
       ``The United States District Courts shall have original 
     jurisdiction, concurrent with the courts of Maryland, 
     Virginia and the District of Columbia, of all actions brought 
     by or against the Authority and to enforce subpoenas issued 
     under this title. Any such action initiated in a State or 
     District of Columbia court shall be removable to the 
     appropriate United States District Court in the manner 
     provided by Act of June 25, 1948, as amended (28 U.S.C. 
     1446).
     ``Section 84
       ``Amendments and supplements to this title to implement the 
     purposes thereof may be adopted by legislative action of any 
     of the signatory parties concurred in by all of the others. 
     When one signatory adopts an amendment or supplement to an 
     existing section of the compact, that amendment or supplement 
     shall not be immediately effective, and the previously 
     enacted provision or provisions shall remain in effect in 
     each jurisdiction until the amendment or supplement is 
     approved by the other signatories and is consented to by 
     Congress.
     ``Section 86
       ``This title shall be adopted by the signatories in the 
     manner provided by law therefor and shall be signed and 
     sealed in four duplicate original copies. One such copy shall 
     be filed with the Secretary of State of each of the signatory 
     parties or in accordance with the laws of the state in which 
     the filing is made, and one copy shall be filed and retained 
     in the archives of the authority upon its organization. This 
     title shall become effective ninety days after the enactment 
     of concurring legislation by or on behalf of the District 
     of Columbia, Maryland and Virginia and consent thereto by 
     the Congress and all other acts or actions have been 
     taken, including the signing and execution of the title by 
     the Governors of Maryland and Virginia and the Mayor and 
     Council of the District of Columbia.
       ``Section 2. And be it further enacted, That this Act may 
     not take effect until semilar Acts are passed by the District 
     of Columbia and the Commonwealth of Virginia; that the 
     District of Columbia and the Commonwealth of Virginia are 
     requested to concur in this Act of the General Assembly by 
     the passage of substantially similar Acts; that the 
     Department of Legislative Reference shall notify the 
     appropriate officials of the District of Columbia, the 
     Commonwealth of Virginia, and the United States Congress of 
     the passage of this Act; and that, upon the concurrence in 
     this Act by the District of Columbia, the Commonwealth of 
     Virginia, and the United States, the Governor of the State of 
     Maryland shall issue a proclamation declaring this Act valid 
     and effective and shall forward a copy of the proclamation to 
     the Director of the Department of Legislative Reference.
       ``Section 3. And be it further enacted, That, subject to 
     the provisions of Section 2 of this Act, this Act shall take 
     effect October 1, 1996.''
                                                                    ____

       POM-640. A petition adopted by the Legislature of the State 
     of Maryland; to the Committee on Governmental Affairs.

                            ``House Bill 711

       ``(a) The board shall not raise any fare or rate, nor 
     implement a major service reduction, except after holding a 
     public hearing with respect thereto.
       ``(c) The board shall give at least fifteen days' notice 
     for all public hearings. The notice shall be given by 
     publication in a newspaper of daily circulation throughout 
     the transit zone and such notice shall be published once a 
     week for two successive weeks. The notice period shall start 
     with the first day of publication. Notices of public hearings 
     shall be posted in accordance with regulations promulgated by 
     the board.
       ``Section 2. And be it further enacted, That, in Maryland, 
     the Washington Metropolitan Area Transit Authority shall 
     conform with the following standards that constitute a major 
     service reduction. A major service reduction includes: (1) 
     one or more reductions in a single year that represent a 
     total reduction of more than 20% in that year in the number 
     of scheduled revenue miles; (2) one or more reductions in a 
     single year that represent a total reduction of more than 1 
     hour in that year in the hours of service; (3) one or more 
     reductions in a single year that represent a total reduction 
     of more than 15% in that year in the number of route miles; 
     or (4) one or more eliminations of service in a single year 
     that represent a total elimination of service in that year 
     for more than 10% of current riders. Any change that does not 
     conform with these standards shall constitute a minor service 
     reduction.
       ``Section 3. And be it further enacted, That, in Maryland, 
     any posting of notice of public hearing regulations adopted 
     by the Washington Metropolitan Area Transit Authority under 
     this Act shall include requirements for advanced posting of 
     notice at stations, terminals, but shelters, and vehicles 
     that serve members of the public that are directly affected 
     by a proposed change.
       ``Section 4. And be it further enacted, That Section 1 of 
     this Act may not take effect until similar Acts are passed by 
     the District of Columbia and the Commonwealth of Virginia; 
     that the District of Columbia and the Commonwealth of 
     Virginia are requested to concur in this Act of the General 
     Assembly by the passage of substantially similar Acts; that 
     the Department of Legislative Reference shall notify the 
     appropriate officials of the District of Columbia, the 
     Commonwealth of Virginia, and the United States Congress of 
     the passage of this Act; and that, upon the concurrence in 
     Section 1 of this Act by the District of Columbia, the 
     Commonwealth of Virginia, and the United States, the Governor 
     of the State of Maryland shall issue a proclamation declaring 
     this Act valid and effective and shall forward a copy of the 
     proclamation to the Director of the Department of Legislative 
     Reference.
       ``Section 5. And be it further enacted, That, subject to 
     the provisions of Section 4 of this Act, this Act shall take 
     effect October 1, 1996.''
                                                                    ____

       POM-641. A resolution adopted by the House of the 
     Commonwealth of Pennsylvania; to the Committee on Environment 
     and Public Works.

                       ``House Resolution No. 401

       ``Whereas, The United States Supreme Court has issued a 
     series of decisions holding that the Commerce Clause of the 
     Constitution of the United Stats prohibits states from 
     restricting the importation of solid waste from other states; 
     and
       ``Whereas, Over the past several years owners and operators 
     of solid waste landfills located in this Commonwealth have 
     increased significantly the amount of solid waste that they 
     accept from other states; and
       ``Whereas, According to statistics compiled by the 
     Department of Environmental Protection, the percentage of 
     solid waste disposed of in this Commonwealth that is imported 
     from other states has increased in each of the past five 
     years; and
       ``Whereas, According to statistics compiled by the 
     Department of Environmental Protection, in 1995 imported 
     waste made up 39.2 percent of the solid waste disposal of in 
     landfills located in this Commonwealth; and
       ``Whereas, New York State and New York City recently 
     announced plans to close by the year 2001 the Fresh Kills 
     landfill located on Staten Island, which currently accepts 
     13,000 tons of waste per day from New York City, and the 
     city's sanitation director stated that the city would 
     consider sending its waste to landfills in Pennsylvania, 
     among other places; and
       ``Whereas, The present and projected future levels of solid 
     waste that owners and operators of landfills and incinerators 
     located in this Commonwealth import from other states poses 
     environmental, aesthetic and traffic problems and is unfair 
     to citizens of his Commonwealth, particularly citizens living 
     in areas where landfills and incinerators are located; and
       ``Whereas, In 1988 the Commonwealth adopted a law designed 
     to reduce the need for additional landfills and incinerators 
     by requiring and encouraging recycling of certain materials; 
     and
       ``Whereas, It is within the power of Congress to delegate 
     authority to the states to restrict the amount of solid waste 
     they import from other states; and
       ``Whereas, Legislation has been introduced in both houses 
     of Congress, and passed by the United States Senate, that 
     would give states authority to impose reasonable restrictions 
     on the amount of solid waste imported from other states; and
       ``Whereas, Passage of such legislation by Congress may 
     hinge upon the success of negotiations between certain states 
     that import and export trash; and

[[Page S7177]]

       ``Whereas, Recently Governor Ridge and the governors of 
     four other states wrote to the Honorable George Pataki; 
     Governor of New York, expressing their desire to reach an 
     accord on authorizing states to place reasonable limits on 
     the importation of solid waste; and
       ``Whereas, The failure of Congress to act will harm the 
     Commonwealth by allowing the continued unrestricted flow of 
     solid waste generated in other states to landfills and 
     incinerators located in this Commonwealth; therefore be it
       ``Resolved, That the House of Representatives memorialize 
     Congress to approve legislation authorizing states to 
     restrict the amount of solid waste they import from other 
     states; and be it further
       ``Resolved, That the House of Representatives memorialize 
     the Governor of New York to support legislation giving states 
     the authority to place reasonable restrictions upon the 
     amount of solid waste imported from other states; and be it 
     further
       ``Resolved, That copies of this resolution be transmitted 
     to the Honorable George Pataki, Governor of New York, the 
     presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.''
                                                                    ____


       POM-642. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania; to the Committee on Environment 
     and Public Works.

                      ``Senate Resolution No. 138

       ``Whereas, The Supreme Court of the United States has 
     issued a series of decisions holding that the Commerce Clause 
     of the Constitution of the United States prohibits states 
     from restricting the importation of solid waste from other 
     states; and
       ``Whereas, Over the past several years owners and operators 
     of solid waste landfills and resource recovery facilities 
     located in this Commonwealth have increased significantly the 
     amount of solid waste that they accept from other states; and
       ``Whereas, According to statistics compiled by the 
     Department of Environmental Protection, the percentage of 
     solid waste disposed of in this Commonwealth that is imported 
     from other states has increased in each of the past five 
     years; and
       ``Whereas, According to statistics compiled by the 
     Department of Environmental Protection, in 1995 imported 
     waste made up 35.4% of the solid waste disposed of in 
     landfills and resource recovery facilities located in this 
     Commonwealth; and
       ``Whereas, New York State and New York City recently 
     announced plans to close by the year 2001 the Fresh Kills 
     landfill located on Staten Island, which currently accepts 
     13,000 tons of waste per day from New York City, and the 
     city's sanitation director stated that the city would 
     consider sending its waste to landfills in Pennsylvania, 
     among other places; and
       ``Whereas, The present and projected future levels of solid 
     waste that owners and operators of landfills and incinerators 
     located in this Commonwealth import from other states poses 
     potential environmental, aesthetic and traffic problems and 
     is unfair to citizens of this Commonwealth, particularly 
     citizens living in areas where landfills and resource 
     recovery facilities are located; and
       ``Whereas, In 1988 the Commonwealth adopted a law designed 
     to reduce the need for additional landfills and incinerators 
     by requiring and encouraging recycling of certain materials; 
     and
       ``Whereas, It is within the power of Congress to delegate 
     authority to the states to restrict the amount of solid waste 
     they import from other states; and
       ``Whereas, Legislation has been introduced in both houses 
     of Congress, and passed by the United States Senate, that 
     would give states authority to impose reasonable restrictions 
     on the amount of solid waste imported from other states; and
       ``Whereas, Passage of such legislation by Congress may 
     hinge upon the success of negotiations between certain states 
     that import and export trash; and
       ``Whereas, Recently Governor Ridge and the governors of 
     four other states wrote to the Honorable George Pataki, 
     Governor of New York, expressing their desire to reach an 
     accord on authorizing states to place reasonable limits on 
     the importation of solid waste; and
       ``Whereas, The failure of Congress to act will harm the 
     Commonwealth by allowing the continued unrestricted flow of 
     solid waste generated in other states to landfills and 
     incinerators located in this Commonwealth; therefore be it
       ``Resolved, That the Senate memorialize Congress to approve 
     legislation authorizing states to restrict the amount of 
     solid waste they import from other states; and be it further
       ``Resolved, That the Senate memorialize the Governor of New 
     York to support legislation giving states the authority to 
     place reasonable restrictions upon the amount of solid waste 
     imported from other states; and be it further
       ``Resolved, That copies of this resolution be transmitted 
     to the Honorable George Pataki, Governor of New York, the 
     presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.''
                                                                    ____

       POM-643. A resolution adopted by the General Assembly of 
     the State of New Jersey; to the Committee on Commerce, 
     Science, and Transportation.

                      ``Assembly Resolution No. 99

       ``Whereas, Whales have been recognized internationally 
     since the 1960s as animals unnecessarily threatened with 
     extinction because of the variety of alternative sources in 
     modern time for the products and by-products derived from 
     whales; and
       ``Whereas, The International Whaling Commission voted in 
     1982 to impose a moratorium on all commercial whaling at the 
     end of the 1984-85 season; and
       ``Whereas, The principal whaling nations--Japan, Norway and 
     Russia (then the Soviet Union)--did not agree to the 
     moratorium until 1988, and in 1992, Norway announced it would 
     resume hunting minke whales because, in Norway's opinion, the 
     species was no longer in danger of extinction; and
       ``Whereas, The International Whaling Commission 
     specifically banned commercial whaling of minke whales in 
     1993 because of the declining numbers of the species; and
       ``Whereas, It has been reported by international news 
     services that Norway has almost doubled its quota from 232 to 
     425 minke whales for the 1996 season at a time when the total 
     world population of minke whales is estimated at 110,000 to 
     120,000 whales; and
       ``Whereas, Public opposition to this move has been made all 
     the more apparent by published news reports that the head of 
     resources management at the Ministry of Fisheries in Norway 
     said no public announcement of this initiative would be made 
     to avoid violence against whalers; and
       ``Whereas, The United States has been in the forefront of 
     the ``Save the Whales'' movement, by banning the importation 
     of whale products in 1970 and, later in 1972, by prohibiting 
     all commercial hunting of whales in United States waters; 
     now, therefore, be it
       ``Be it Resolved by the General Assembly of the State of 
     New Jersey:
       ``1. The President and the Secretary of State of the United 
     States are requested to express disapproval of Norway for its 
     commercial whaling policies and for the raising of its quotas 
     on minke whales.
       ``2. Duly authenticated copies of this resolution, signed 
     by the President of the Senate and attested to by the 
     Secretary thereof, shall be transmitted to the King and Prime 
     Minister of Norway, the President, Vice President and the 
     Secretary of State of the United States, the United States 
     Ambassador to Norway, and the members of the Congress of the 
     United States.


                              ``statement

       ``This resolution requests the President and the Secretary 
     of State of the United States to express disapproval of 
     Norway for its commercial whaling policies and for the 
     raising of its quotas on minke whales. Norway, in the face of 
     an international ban on minke whale hunting, recently 
     increased its minke whale quotas from 232 to 425 whales. It 
     is estimated that the total world population of minke whales 
     is 110,000 to 120,000 whales.
       ``Requests the President and the Secretary of State of the 
     United States to express disapproval of Norway for its 
     commercial whaling policies and for the raising of its quotas 
     on minke whales.''
                                                                    ____

       POM-644. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Environment and Public 
     Works.

                      ``Senate Joint Resolution 38

       ``Whereas the United States Environmental Protection Agency 
     has proposed new rules to expand the Toxics Release Inventory 
     (TRI) Program; and
       ``Whereas this expansion could add electric utilities, 
     waste management facilities, mining, oil and gas exploration 
     and production, materials recovery and recycling, and some 
     warehousing activities to the list of facilities required to 
     report toxic chemical releases under the TRI program; and
       ``Whereas only manufacturing facilities must currently 
     report under the TRI program and there are significant 
     fundamental differences between manufacturing facilities and 
     the facilities threatened with addition to the list; and
       ``Whereas nearly all of the produced water, natural gas, 
     and other miscellaneous materials from oil and gas 
     exploration and production facilities are discharged to deep 
     disposal wells far below the groundwater aquifer; and
       ``Whereas the Environmental Protection Agency's profiles of 
     various industries not currently required to report under the 
     TRI program assume that typical releases remain 
     constant; this is not the case for at least some 
     operations where the concentrations of chemicals in 
     wastestreams change constantly; and
       ``Whereas the only way to monitor these varying discharges 
     would be for operators to perform regular, expensive 
     wastestream tests; and
       ``Whereas the information gained from these tests would not 
     benefit communities significantly because much of the 
     information regarding on-site hazardous substances is already 
     required to be reported to local emergency planning 
     committees, the Alaska State Emergency Planning Commission, 
     the State Fire Marshall's office, and local fire departments; 
     and
       ``Whereas the Alaska State Legislature considers this 
     proposed rule-making would result in an unnecessary, 
     duplicative reporting burden; and
       ``Whereas this expanded reporting requirement will force 
     companies operating in Alaska to redirect financial resources 
     to a reporting effort with far less benefit than current 
     reporting requirements; and

[[Page S7178]]

       ``Whereas the State of Alaska has been implementing changes 
     to minimize the cost burden on marginal oil and gas projects 
     and those nearing their economic end: Be it
       ``Resolved that the Alaska State Legislature respectfully 
     requests that the United States Environmental Protection 
     Agency cease from imposing additional, duplicative reporting 
     mandates on industry; and be it further
       ``Resolved that, if the Environmental Protection Agency 
     continues with the implementation of the proposed rule, the 
     Alaska State Legislature requests that oil and gas 
     exploration and production be exempted from the TRI program 
     reporting requirements.''
                                                                    ____

       POM-645. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Governmental Affairs.

                      ``Legislative Resolve No. 70

       ``Whereas the United States Congress, by its authority to 
     regulate commerce among the states, has repeatedly preempted 
     state laws, including those relating to health, welfare, 
     transportation, communications, banking, environment, and 
     civil justice, reducing the ability of state legislatures to 
     be responsive to their constituents; and
       ``Whereas more than one-half of all federal laws preempting 
     states have been enacted by the Congress since 1969, 
     intensifying an erosion of state power that leaves an 
     essential part of our constitutional structure--federalism--
     standing precariously; and
       ``Whereas the United States Constitution anticipates that 
     our American federalism will allow differences among state 
     laws, expecting people to seek change through their own 
     legislatures without federal legislators representing other 
     states preempting states to impose national laws; and
       ``Whereas constitutional tension necessary to protect 
     liberty arises from the fact that federal law is ``the 
     supreme Law of the Land'' while, in contrast, powers not 
     delegated to the federal government are reserved to the 
     states or to the people, and that tension can exist only 
     when states are not preempted and, thus, remain credible 
     powers in the federal system; and
       ``Whereas less federal preemption means states can act as 
     laboratories of democracy, seeking novel social and economic 
     policies without risk to the nation; and
       ``Whereas S. 1629 is designed to create mechanisms for 
     careful consideration of proposals that would preempt states 
     in areas historically within their purview through procedural 
     mechanisms in the legislative, executive, and judicial 
     branches of government, namely--
       ``(1) in the legislative branch, by requiring a statement 
     of constitutional authority and an expression of the intent 
     to preempt states;
       ``(2) in the executive branch, by curbing agencies that may 
     preempt beyond their legislative authority;
       ``(3) in the judicial branch, by codifying judicial 
     deference to state laws where the Congress is not clear in 
     its intent to preempt; be it
       ``Resolved, That the Alaska State Legislature urges that
       ``(1) the congressional delegation of this state cosponsor 
     S. 1629 in order to show its support for a decisive role for 
     states within the federal system;
       ``(2) the United States Congress enact S. 1629, the Tenth 
     Amendment Enforcement Act of 1996, in order to strengthen the 
     political safeguards of federalism as anticipated under the 
     United States Constitution; and
       ``(3) the President of the United States sign S. 1629 as a 
     means of ensuring full consideration of federalism principles 
     within the exercise of executive powers.

                          ____________________