[Congressional Record Volume 143, Number 99 (Monday, July 14, 1997)]
[Senate]
[Pages S7421-S7423]
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-178. A resolution adopted by Manistee County Board of 
     Commissioners, Manistee Michigan relative to the English 
     language; to the Committee on Governmental Affairs.
       POM-179. A joint resolution adopted by the Legislature of 
     the State of New Hampshire; to the Committee on Energy and 
     Natural Resources.

                        House Joint Resolution 4

       Whereas, on May 21, 1996 New Hampshire became the first 
     state in the nation to enact electric utility restructuring 
     legislation, which provides for competitive retail customer 
     choice of electric generation suppliers for all customers in 
     1988: and
       Whereas, the United States Congress and the Federal Energy 
     Regulatory Commission (FERC) by statute and orders have laid 
     the groundwork for retail competition, by prompting wholesale 
     competition in electricity markets through the adoption of 
     the Energy Policy Act of 1992 and the issuance of FERC Order 
     No. 888 promoting open access transmission services; and
       Whereas, there remain some impediments and ambiguities in 
     federal law relative to states' promotion of retail 
     competition in electricity markets and the restructuring of 
     the electric utility industry, and ambiguities in the 
     boundary between federal and state jurisdiction; and
       Whereas, divestiture by vertically integrated electric 
     utilities of their electric generation business and their 
     electric transmission and distribution business into separate 
     entities may be a desirable part of electric utility 
     restructuring, some states may want to encourage or mandate 
     such divestiture, and the spinning off of one business or the 
     other to current shareholders may be a desirable method of 
     implementing this goal; and
       Whereas, New Hampshire has adopted an electric utility 
     restructuring policy principle in law which states, 
     ``Increased competition in the electric industry should be 
     implemented in a manner that supports and furthers the goals 
     of environmental improvement,'' and which continues, ``As 
     generation becomes deregulated, innovative market-driven 
     approaches are preferred to regulatory controls to reduce 
     adverse environmental impacts,'' and
       Whereas, FERC has indicated a clear desire that the United 
     States Environmental Protection Agency implement appropriate 
     environmental regulation to accompany electric utility 
     restructuring; and
       Whereas, the United States Congress is considering federal 
     legislation to encourage and promote retail competition and 
     customer choice in electricity supply markets; now, 
     therefore, be it
       Resolved, by the Senate and House of Representatives in 
     General Court convened, That the general court of New 
     Hampshire hereby urges the United States Congress, FERC, and 
     other federal agencies to continue to cooperate with and 
     support state efforts to restructure the electric utility 
     industry and promote retail competition; and
       That Congress and FERC should affirm state authority to 
     order retail customer choice of electric generation suppliers 
     including the authority to order filing of tariffs for the 
     provision of retail transmission service by electric 
     utilities under state jurisdiction and their affiliates, 
     consistent with needs of retail customers as well as FERC's 
     open access policies and comparability principles; and
       That Congress should affirm that states have jurisdiction 
     over all retail sales of electricity to end users within the 
     state, so that states can require the imposition of 
     nonbypassable distribution charges on all retail customers, 
     even if there are no distribution facilities under state 
     jurisdiction involved; and
       That Congress should make clear state authority to order 
     divestiture of generation assets by electric utilities that 
     own distribution; and
       That Congress should remove tax code obstacles and other 
     barriers to electric utility restructuring, such as barriers 
     to divestiture of generation assets by vertically integrated 
     utilities or holding companies; and
       That Congress should eliminate mandatory purchase 
     requirements of the Public Utility Regulatory Policies Act of 
     1978 once all customers of a utility have the right to choose 
     their own supplier of electricity; and
       That Congress and the EPA should pursue policies, including 
     amendments to the Clean Air Act, that promote market based 
     systems which ensure continued and ongoing environmental 
     improvement and reduction of air pollution emissions from 
     electric power generation plants, and provide for fair 
     competition among all generators; and
       That copies of this resolution be sent by the clerk of the 
     house of representatives to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     Federal Energy Regulatory Commission, the Secretary of the 
     United States Department of Energy, the chairpersons of the 
     committees of the United States Congress having jurisdiction 
     over electric utility restructuring, and to each member of 
     the New Hampshire congressional delegation.
                                                                    ____

       POM-180. A joint resolution adopted by the Legislature of 
     the State of Tennessee; to the Committee on Appropriations.

                     Senate Joint Resolution No. 53

       Whereas, the integrity of Tennessee's infrastructure is 
     dependent upon the continued support of the federal 
     government and its funding mechanisms; and

[[Page S7422]]

       Whereas, the Chickamauga Lock plays a significant role in 
     the Tennessee Valley economy, serving as a getaway for the 
     transporting of goods into and out of the Tennessee Valley; 
     and
       Whereas, located upstream from Chattanooga on the Tennessee 
     River, the Chickamauga Lock is an integral part of the 
     river's navigational system; and
       Whereas, in recent years, the Chickamauga Lock has 
     developed serious structural problems, which have caused it 
     to deteriorate at a rapid pace, and, despite close monitoring 
     by the Tennessee Valley Authority, the lock has now 
     deteriorated to the point that repairs are ineffective; and
       Whereas, TVA's final congressionally appropriated budget 
     contains language prohibiting TVA from using 1997 funds for 
     the new lock and from moving forward with detailed 
     engineering and construction activities this fiscal year; and
       Whereas, TVA estimates that, if left unchecked, the 
     structural problems will cause the Lock to be closed to 
     traffic by 2005, forcing the abandonment of over 350 miles of 
     navigable waterway above Chattanooga; and
       Whereas, closing the Chickamauga Lock would also result in 
     the loss of several thousand jobs, an increase in the cost of 
     alternative modes of transportation, a forfeiture of $25 
     million annually in transportation savings, and pose serious 
     problems for water-dependent industries and burgeoning 
     waterfront development projects; and
       Whereas, it is incumbent upon the members of this 
     legislative body to ensure the continued welfare of all 
     Tennesseans and to maintain the state's prominent position as 
     a leader in the Southeast's economic development; now, 
     therefore, be it
       Resolved by the Senate of the one-hundredth General 
     Assembly of the State of Tennessee, the House of 
     Representatives concurring, That this General Assembly hereby 
     supports the construction of a new Chickamauga Lock and 
     memorializes the Congress of the United States to proceed 
     expeditiously with engineering studies and to fund the 
     replacement of the Chickamauga Lock on the Tennessee River; 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the President and Secretary of the United States Senate, the 
     Speaker and the Clerk of the House of Representatives of the 
     United States, and to each member of the Tennessee 
     Congressional Delegation.
                                                                    ____

       POM-181. A concurrent resolution adopted by the Legislature 
     of the State of Ohio; to the Committee on Appropriations.

                   House Concurrent Resolution No. 17

       Whereas, men and women of the United States Armed Forces 
     fought valiantly in the Persian Gulf in 1991 to protect the 
     interests of their country; and
       Whereas, more than 10,000 of these soldiers who fought for 
     their country in the Persian Gulf are now suffering severe 
     health problems believed to be a direct result of their 
     service in the War and referred to as ``Gulf War Syndrome,'' 
     and by the end of 1993 the Secretary of Veterans Affairs had 
     approved only 79 of 2,500 claims for disability compensation 
     benefits from veterans whose symptoms have been attributed to 
     Gulf War Syndrome; and
       Whereas, the Department of Defense has recently 
     acknowledged that United States soldiers were exposed to 
     Iraqi chemical weapons during the War and nerve gas during a 
     military operation after the War; and
       Whereas, experts agree there should be more research into 
     Gulf War Syndrome and its link to chemical agent exposure; 
     now therefore be it
       Resolved, That the General Assembly of the State of Ohio 
     requests the Secretary of Defense to adequately research the 
     cause and symptoms of Gulf War Syndrome and the President and 
     Congress to adequately fund the care and relief of those 
     veterans who have been exposed to the causes of the disease; 
     and be it further
       Resolved, That the Legislative Clerk of the House of 
     Representatives transmit duly authenticated copies of this 
     Resolution to the President of the United States, to the 
     Secretary of Defense of the United States, to the members of 
     the Ohio Congressional delegation, to the Speaker and Clerk 
     of the United States House of Representatives, to the 
     President Pro Tempore and Secretary of the United States 
     Senate, and to the news media of Ohio.
                                                                    ____

       POM-182. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Appropriations.

                     Senate Joint Resolution No. 38

       Whereas, the biggest water pollution problem facing this 
     Commonwealth today is polluted water draining from abandoned 
     coal mines; and
       Whereas, over half the streams that do not meet water 
     quality standards in this Commonwealth are affected by mine 
     drainage; and
       Whereas, this Commonwealth has over 250,000 acres of 
     abandoned mine lands, refuse banks and old mine shafts in 45 
     of Pennsylvania's 67 counties, more than any other state in 
     the nation; and
       Whereas, the Department of Environmental Protection 
     estimates it will cost more than $15 billion to reclaim and 
     restore abandoned mine lands; and
       Whereas, the Commonwealth now receives about $20 million a 
     year from the Federal Government to do reclamation projects; 
     and
       Whereas, there is now a $1 billion balance in the Federal 
     Abandoned Mine Reclamation Trust Fund that is set aside by 
     law to take care of pollution and safety problems caused by 
     old coal mines; and
       Whereas, Pennsylvania is the fourth largest coal producing 
     state in the nation, and coal operators contribute 
     significantly to the fund by paying a special fee for each 
     ton of coal they mine; and
       Whereas, the Department of Environmental Protection and 39 
     county conservation districts through the Western and Eastern 
     Pennsylvania Coalitions for Abandoned Mine Reclamation have 
     worked as partners to improve the effectiveness of mine 
     reclamation programs; and
       Whereas, Pennsylvania has been working with the Interstate 
     Mining Compact Commission, the National Association of 
     Abandoned Mine Land Programs and other states to free more of 
     these funds to clean up abandoned mine lands; and
       Whereas, making more funds available to states for 
     abandoned mine reclamation should preserve the interest 
     revenues now being made available for the United Mine Workers 
     Combined Benefit Fund; and
       Whereas, the Federal Office of Surface Mining, the United 
     States Environmental Protection Agency and Congress have not 
     agreed to make more funds available to states for abandoned 
     mine reclamation; therefore be it
       Resolved, That the Senate of Pennsylvania urge the 
     President of the United States and Congress make the $1 
     billion of Federal moneys already earmarked for abandoned 
     mine land reclamation available to states to clean up and 
     make safe our abandoned mine lands; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress.
                                                                    ____

       POM-183. A concurrent resolution adopted by the Legislature 
     of the State of Michigan; to the Committee on Appropriations.

                   House Concurrent Resolution No. 14

       Whereas, The maintenance of a high quality road network is 
     vital to the economic health of our state. As the home of the 
     city that put America on wheels, we in Michigan appreciate 
     this relationship instinctively. Roads of less than excellent 
     quality impede commerce, discourage job formation, and 
     diminish our quality of life. Road maintenance is 
     simultaneously one of the least glamorous of tasks and one of 
     the most important responsibilities that the state carries 
     out; and
       Whereas, We in Michigan levy a tax on the purchase of 
     gasoline in order to repair and improve our system of roads 
     and highways. As a tax on those who use the highways, it is 
     one of our fairest means of raising revenue. Just as the 
     states levy a tax on gasoline purchases, so too does the 
     federal government. One consequence of the federal 
     government's taxation of gasoline is the effective limit it 
     places on states that need additional revenue for road 
     repair. As maintenance costs rise and as cars become more 
     fuel efficient, the ability of gasoline tax revenue to fund 
     road work is diminished. In addition, increases in federal 
     gasoline taxes effectively block states from raising state 
     taxes on fuel due to the need to avoid too steep of an 
     increase that might stifle economic growth; and
       Whereas, If the federal government used its revenue from 
     the federal gasoline tax to help states maintain their roads, 
     this dual taxation might not be harmful in practice because 
     the tax money would still repair our roads regardless of who 
     collected the funds. Unfortunately, the 1993 federal gasoline 
     tax increase of 4.3 cents per gallon has been devoted to 
     deficit reduction. While deficit reduction is a valid and 
     admirable goal, utilizing revenue from a source which should 
     be ear-marked for road maintenance effectively deprives the 
     states of an adequate means to repair and expand their roads; 
     now, therefore be it
       Resolved by the House of Representatives (the Senate 
     concurring) That we memorialize the United States Congress to 
     return to the states the revenue collected under the gasoline 
     tax increase of 1993; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                                                    ____

       POM-184. A resolution adopted by the House of the 
     Legislature of the State of Michigan; to the Committee on 
     Appropriations.

                        House Resolution No. 25

       Whereas, the men and women who served our country in the 
     Persian Gulf War suffered significant economic losses when 
     they were mobilized into active duty from reserve status. 
     Many of these individuals, especially the self-employed, 
     faced great personal difficulties upon their return to 
     civilian life. Some lost businesses, which caused others to 
     lose jobs and wages as well; and
       Whereas, in recognition of the economic hardship to 
     reservists called to active duty, the Congress included in 
     the 1996 Defense Authorization Act provisions for the Ready 
     Reserve Mobilization Income Insurance Program (RRMIIP). This 
     initiative allows members of the ready reserve not already on 
     active duty the option of buying insurance to provide 
     coverage for income lost when and if they are called to leave 
     their jobs to serve the country; and
       Whereas, since its establishment, the RRMIIP has been a 
     frustrating experience.

[[Page S7423]]

     The reservists have been faced with confusion in signing up 
     for the coverage. For those administering the program, 
     administrative requirements have created a nightmare of 
     paperwork, especially those mandating verification that those 
     declining the program were indeed offered the opportunity to 
     participate; and
       Whereas, a glaring example of the problems with the RRMIIP 
     is the question of when a person can sign up and if coverage 
     can be changed. A sixty-day window for enrollment was opened 
     October 1, 1996. Due to administrative complications, another 
     window for enrollment was opened later. However, reservists 
     from the initial sign-up period were not allowed to enhance 
     their coverage, and
       Whereas, it is unfair to prevent those who signed up for 
     coverage during the initial enrollment period the option of 
     increasing coverage when this opportunity is presented to 
     others. This is certainly not the practice when enrollments 
     for insurance are opened for employees in other governmental 
     agencies or institutions. This worthwhile program needs to be 
     improved to better serve our reservists and their families. 
     Failure to provide these needed improvements is an affront to 
     those who have put themselves in peril for our nation, as 
     well as to everyone who values the sacrifices our military 
     reservists make on behalf of every American; now, therefore, 
     be it
       Resolved, That the Congress of the United States 
     appropriate sufficient funds to ensure that the obligation to 
     current enrollees is satisfied; and be it further
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to make changes 
     in the Ready Reserve Mobilization Income Insurance Program; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.

                          ____________________