[Congressional Record Volume 142, Number 100 (Tuesday, July 9, 1996)]
[Senate]
[Pages S7490-S7492]
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-646. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on 
     Appropriations.

                  ``House Concurrent Resolution No. 31

       ``Whereas, approximately six hundred ninety-seven thousand 
     United States service members were deployed to the Persian 
     Gulf in the 1990-1991 Operations Desert Storm/Desert Shield 
     conflict; and
       ``Whereas, while the vast majority of these troops returned 
     home healthy, a significant number of individuals who served 
     in this conflict have reported persistent symptoms that they 
     believe are related to their experience in the war, 
     collectively known as Persian Gulf War syndrome; and
       ``Whereas, most common among these symptoms are fatigue, 
     joint pain, headache, sleep disturbances, loss of memory, and 
     rash; and
       ``Whereas, much more serious conditions have also been 
     linked to Gulf War service, such as upper respiratory 
     disease, birth defects in infants born to Gulf War veterans, 
     mild cases of acute diarrhea, and cutaneous and viscerotropic 
     leishmaniasis, causing death in some cases; and
       ``Whereas, recently, Dr. Howard B. Urnovitz, a research 
     microbiologist from California, testified before the United 
     States House of Representatives Subcommittee on Human 
     Resources and Intergovernmental Relations that there is an 
     underlying problem with the immune response of Persian Gulf 
     War military to the polio vaccine, which suggests that some 
     factor perturbing the antibody response may be inducing this 
     unexpected outcome; and
       ``Whereas, there is evidence that the exposure of veterans 
     to chemical agents may explain many of the previously 
     inexplicable symptoms that they are plagued with today, for, 
     according to James J. Tuite, III, former director of the U.S. 
     Senate Banking Committee investigating into the arming of 
     Iraq and the health effects of the Persian Gulf War, the 
     Persian Gulf War was the most toxic battlefield in the 
     history of modern warfare, and studies since World War I have 
     shown that individuals exposed to chemical agents and other 
     related poisons have had symptoms similar to those that 
     plague the Gulf War veterans; and
       ``Whereas, Mr. Tuite further testified that many of the 
     chemical poisons that were detected and confirmed by 
     coalition chemical specialists are known to affect the 
     central nervous and immune systems; and
       ``Whereas, to provide protection against the lethal effects 
     of chemical warfare nerve agents, troops deployed to the 
     Persian Gulf were issued twenty-one thirty milligram tablets 
     of pyridostigmine bromide (PB), a drug which has been 
     suggested as a cause of this chronic illness in Gulf 
     Veterans; and
       ``Whereas, a most recent study by Duke University shows 
     that a combination of three chemicals, including PB, used to 
     protect soldiers from insect-borne diseases and nerve-gas 
     poisoning may have caused the symptoms reported by an 
     estimated thirty thousand Gulf War veterans based on a study 
     using chickens, who suffered neurological dysfunction when 
     issued the mixture of the insecticides and the anti-nerve-gas 
     agent; and
       ``Whereas, the United States Government has responded to 
     the concerns of the failing health of these veterans by 
     creating several projects to help to treat the afflicted 
     veterans and to research the causes of their disease; and
       ``Whereas, the Department of Defense, headed by Secretary 
     William Perry and Deputy Secretary John White, and in support 
     of President Clinton's commitment to our Persian Gulf troops, 
     has launched an unprecedented effort in researching and 
     treating Gulf War veterans' illnesses; and
       ``Whereas, such projects include the Comprehensive Clinical 
     Evaluation Program (CCEP), which was initiated in June, 1994, 
     by the Department of Defense to provide in-depth medical 
     examinations to nearly twenty thousand service and family 
     members who are suffering from conditions induced by the Gulf 
     War; and
       ``Whereas, a Specialized Care Center (SCC) was opened at 
     Walter Reed Army Medical Center in March, 1995, for the 
     intensive treatment of symptomatic Persian Gulf War veterans, 
     and another of these centers is scheduled to open at Wilford 
     Hall Medical Center in San Antonio, Texas, in mid-May, 1996; 
     and
       ``Whereas, ongoing and planned epidemiologic studies by the 
     Department of Defense, Veterans' Affairs, and Health and 
     Human Services further search for answers to these 
     inexplicable symptoms of disease suffered by Gulf War 
     veterans; and
       ``Whereas, the Clinton administration has also created an 
     advisory committee on Gulf War veterans' illnesses to ensure 
     an independent, open, and comprehensive examination of health 
     concerns related to Gulf War 

[[Page S7491]]

     service, which consists of twelve members made up of 
     veterans, scientists, health care professionals, and 
     policy experts; and
       ``Whereas, the committee delivered in interim report in 
     February, 1996, which offered directives to the Department of 
     Defense regarding medical and clinical issues, research, and 
     the hazards of future use of chemical and biological weapons, 
     and will deliver their final report to the president no later 
     than December, 1996; and
       ``Whereas, as many questions remain unanswered regarding 
     Gulf War Syndrome, it is vital that our government continue 
     to conduct the research and treatment that it has initiated 
     and further increase its allocations for such research and 
     treatment in order to provide relief for the many veterans 
     afflicted by Gulf War Syndrome; and
       ``Whereas, these troops bravely fought for our country in 
     the Gulf War, putting their lives on the line in the name of 
     the United States of America; and
       ``Whereas, the courageous service demonstrated by all 
     troops deployed in the Gulf War conflict merits the United 
     States Government's continued efforts in solving this medical 
     dilemma; and
       ``Whereas, it is vital to the health of our nation that the 
     efforts to answer the questions involved with Gulf War 
     Syndrome be continued by our government: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize congress to continue its efforts to fund and 
     provide for the treatment of Persian Gulf War Syndrome and 
     for continued research about the causes, effects, and 
     treatment of the syndrome, and does further request that 
     congress allocate additional resources to provide sufficient 
     funding to make such research and treatment a priority so 
     that this disease can be better understood and ultimately 
     cured; and be it further
       Resolved, That a suitable copy 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 congressional delegation from Louisiana.
                                                                    ____

       POM-647. A resolution adopted by the Legislature of the 
     State of Alaska; to the Committee on Banking, Housing,and 
     Urban Affairs.

                      ``Senate Joint Resolution 37

       ``Whereas Alaska had, by regulation, imposed a primary 
     manufacturing requirement applicable to timber harvested from 
     state-owned land that is destined for export from the state; 
     and
       ``Whereas that regulation was permissive, allowing the 
     director of the division of land to require that primary 
     manufacture of forest products be accomplished within the 
     state; and
       ``Whereas, considering the Commerce Clause of the United 
     States Constitution, in Southcentral Timber Development, Inc. 
     v. Wunnicke, 467 U.S. 82, 91 L.Ed.2d 71, 104 S.Ct. 2237 
     (1984), the United States Supreme Court determined that the 
     state's regulation could not be given effect; while the court 
     found evidence of a clearly defined federal policy imposing 
     primary manufacture requirements as to timber taken from 
     federal land in Alaska, it determined that the existing 
     Congressional sanction reached only to activities on federal 
     land and concluded that the state's assertion of 
     Congressional authorization by silence to allow a state to 
     regulate similar activities on nonfederal land could not be 
     inferred; and
       ``Whereas since the Wunnicke decision, Congress has, in the 
     Forest Resources Conservation and Shortage Relief Act of 
     1990, extended an existing ban on unprocessed log exports 
     from federal land in the 11 contiguous Western states to 
     cover timber harvested from nonfederal sources in those 
     states; the extension of the ban on unprocessed log exports 
     in those states collectively does not affect Alaska; and
       ``Whereas the principal purposes, stated or assumed, in the 
     1990 Congressional Act for extending the ban on unprocessed 
     log exports in the contiguous Western states--the efficient 
     use and effective conservation of forests and forest 
     resources, the avoidance of a shortfall in unprocessed timber 
     in the marketplace, and concern for development of a rational 
     log export policy as a national matter--are equally valid 
     with respect to the significant timber resources held by this 
     state, its political subdivisions, and its public university; 
     and
       ``Whereas the state cannot act to regulate, restrict, or 
     prohibit the export of unprocessed logs harvested from land 
     of the state, its political subdivisions, and the University 
     of Alaska without a legislative expression demonstrating 
     Congressional intent that is unmistakably clear; Be it
       Resolved, That the legislature of the State of Alaska urges 
     the United States Congress to give an affirmative expression 
     of approval to a policy authorizing the state to regulate, 
     restrict, or prohibit the export of unprocessed logs 
     harvested from its land and from the land of its political 
     subdivisions and the University of Alaska.
                                                                    ____

       POM-648. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Commerce, 
     Science, and Transportation.

                  ``House Concurrent Resolution No. 11

       ``Whereas, the historic gulfward boundary of the state of 
     Louisiana extends a distance into the Gulf of Mexico three 
     marine leagues from the coast; and
       ``Whereas, the coastline of the state of Louisiana is 
     accepted and approved as designated in accordance with 
     applicable Act of Congress; and
       ``Whereas, the United States Congress, by its Tidelands Act 
     approved May 22, 1953, recognized and confirmed state 
     ownership of the lands beneath navigable waters within the 
     state's boundaries, and the natural resources, including oil, 
     gas, and all other minerals, and fish, shrimp, oysters, and 
     other marine animals and plant life therein; and
       ``Whereas, said Tidelands Act adopted state boundaries in 
     the Gulf of Mexico as they existed at the time such state 
     became a member of the Union not more than three marine 
     leagues into the Gulf of Mexico from the coastline; and
       ``Whereas, which ``coastline'' is defined in the Act as 
     that portion of the coast which is in direct contact with the 
     open sea and the line marking the seaward limit of inland 
     waters; and
       ``Whereas, the state of Louisiana owns these submerged 
     lands and natural resources within such land and waters in 
     trust for its people, and the economic welfare of the state 
     and public services depend upon the state revenues to be 
     derived from these valuable resources: Therefore, be it
       ``Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to extend the coastal boundary in Louisiana 
     from three miles to ten miles; and be it further
       ``Resolved, That a copy of this Resolution be transmitted 
     to the presiding officers of the Senate and House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                                                    ____

       POM-649. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Finance.

                 ``House Concurrent Resolution No. 109

       ``Whereas, several years ago the Internal Revenue Service 
     issued a private letter ruling that provided that the total 
     expense reimbursement for school bus drivers be included in 
     wages; and
       ``Whereas, in response to this ruling local school boards 
     have had to include within wages on the school bus drivers W-
     2 forms the total expense reimbursement paid to school bus 
     drivers; and
       ``Whereas, including expense reimbursement in wages has 
     caused hardships on the school bus drivers in many instances 
     forcing them into higher tax brackets: Therefore, be it
       ``Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to assure and provide that expense 
     reimbursements no longer be considered as wages for purposes 
     of the federal income tax; and be it further
       ``Resolved, That a copy of this Resolution be transmitted 
     to the presiding officers of the Senate and House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.''
                                                                    ____

       POM-650. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Foreign 
     Relations.

                  ``House Concurrent Resolution No. 52

       ``Whereas, `female genital mutilation' is a term used for a 
     variety of genital operations performed on young female 
     children and women in accordance with traditional beliefs and 
     customs; and
       ``Whereas, it has been estimated that approximately one 
     hundred fourteen million women and girls have been mutilated 
     throughout the world and that in the United States female 
     genital mutilation is the process of being made illegal; and
       ``Whereas, circumcision is the mildest form of female 
     genital mutilation with excision and infibulation being the 
     more severe forms of the procedure; and
       ``Whereas, the Foundation for Women's Health, Research and 
     Development has for the past ten years sought to actively 
     campaign for the eradication of female genital mutilation; 
     and
       ``Whereas, female genital multilation is not a cultural 
     issue, but is an issue of the abuse of children and women's 
     basic human rights to good health; and
       ``Whereas, female genital multilation may cause numerous 
     physical complications, including hemorrhage and severe pain, 
     which can ultimately cause shock and even death; and
       ``Whereas, female genital multilation may also cause long-
     term complications resulting from scarring and interference 
     with the drainage of urine and menstrual blood, such as 
     chronic pelvic infection, which may cause pelvic back pain, 
     dysmenorrhea, inferility, chronic urinary tract infections, 
     urinary stones, or kidney damage; and
       ``Whereas, Ms. Fauziya Kasinga, an eighteen-year-old young 
     woman, fled her homeland of Togo to escape multilation and 
     has been in a York County, New York, jail for more than a 
     year waiting for immigration officials and judges to decide 
     whether to grant her plea for refuge; and
       ``Whereas, many young women from around the world will 
     continue to flee their countries and face imprisonment before 
     succumbing to the painful and inhumane custom of female 
     genitale multiation; and
       ``Whereas, the President and Congress may utilize the 
     influence of the United States in

[[Page S7492]]

     the relationships of this nation with foreign countries to 
     spare many nonconsening women and young girls the inhumane 
     and dangerous procedures associated with the custom or ritual 
     of female genitale mutilation or imprisonment for refusing 
     such multilation: Therefore, be it
       ``Resolved, That the Legislature of Louisiana does hereby 
     urge and request the Honorable Bill Clinton, President of the 
     United States of America, and the Congress of the United 
     States of America to utilize the influence of the United 
     States in international relations to end the custom or ritual 
     of female genital multilation in those countries where such 
     procedures are presently practiced upon individuals who 
     choose not to undergo such procedures and to grant political 
     asylum to individuals who flee their homelands to escape the 
     custom or ritual; and be it further
       ``Resolved, That a copy of this Resolution be transmitted 
     to the Honorable Bill Clinton, President of the United States 
     of America, to the presiding officers of the Senate and House 
     of Representatives of the Congress of the United States of 
     America, and to each member of the Louisiana congressional 
     delegation.
                                                                    ____

       POM-651. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Governmental 
     Affairs.

                  ``House Concurrent Resolution No. 83

       ``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, the environment, and 
     civil justice, reducing the ability of state legislatures to 
     be responsible to their constituents; and
       ``Whereas, more than half of all federal laws preempting 
     states have been enacted by 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, the National Conference of State Legislatures 
     has stated well the dynamic nature of federalism and the need 
     for freedom of the states to act in areas reserved to them, 
     noting that federalism anticipates diversity, that the unity 
     of the states does not anticipate uniformity, and that every 
     preemptive law diminishes other expressions of self-
     government and should be approved only where compelling need 
     and broad consensus exist; and
       ``WHEREAS, S. 1629, the proposed Tenth Amendment 
     Enforcement Act of 1996, 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:
       ``In the Legislative branch by requiring a statement of 
     constitutional authority and an expression of the intent to 
     preempt states,
       ``In the Executive branch, by curbing agencies that may 
     preempt beyond their legislative authority, and
       ``In the Judicial branch, by codifying judicial deference 
     to state laws where the congress is not clear in its intent 
     to preempt: Therefore, be it
       ``Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enact the proposed 
     Tenth Amendment Enforcement Act of 1996, does further urge 
     and request the Louisiana congressional delegation to co-
     sponsor the legislation, and does urge and request the 
     Honorable Bill Clinton, President of the United States, to 
     sign the legislation into law when it is presented to him for 
     signature; and be it further
       ``Resolved, That copies of this Resolution be transmitted 
     to the Honorable Bill Clinton, President of the United 
     States, to the president of the Senate and the speaker of the 
     House of Representatives of the United States Congress, and 
     to each member of the Louisiana congressional delegation.

                          ____________________