[Congressional Record Volume 143, Number 150 (Friday, October 31, 1997)]
[Senate]
[Pages S11543-S11544]
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-291. A resolution adopted by the Senate of the 
     Legislature of the State Michigan; to the Committee on 
     Appropriations.

                        Senate Resolution No. 69

       Whereas, In 1986, Congress created the Leaking Underground 
     Storage Tank Trust Fund through legislation amending the 
     Resource Recovery and Conservation Act. The fund was financed 
     through a 0.1 cent tax on each gallon of motor fuel sold. The 
     tax levy, which was reauthorized in 1990, expired on December 
     31, 1995. The fund has approximately $1.5 billion in it; and
       Whereas, The purpose of the money generated by the Leaking 
     Underground Storage Tank Trust Fund is two-fold. It seeks to 
     enforce corrective actions where the owner of a leaking tank 
     is known and cleanup activities where the owner is not known 
     or is unable or unwilling to pay. The fund's proceeds are 
     distributed to the states on a formula based on criteria 
     determined by federal officials. Factors include levels of 
     contamination, the number of leaking tanks, the number of 
     cleanup efforts, and danger to drinking supplies; and
       Whereas, Over the years, not enough money from the trust 
     fund has gone to fighting the effects of leaking underground 
     storage tanks. Almost all of the fund's proceeds go toward 
     administration and enforcing the program. It is estimated 
     that only 1 percent of fund money spent each year goes to 
     clean up orphan tanks; and
       Whereas, In an effort to increase cleanup initiatives and 
     to deal with a problem that gets worse with the passage of 
     time, Congress is considering legislation to revamp the 
     manner in which the money in the Leaking Underground Storage 
     Tank Trust Fund is distributed. The legislative proposals 
     offer a more pragmatic approach by providing for the 
     Environmental Protection Agency to distribute the money to 
     the states with more authority for the states. The states are 
     in far better positions to determine how best to meet the 
     aims of cleanup and enforcement. With a formula for 
     distributing the funds based on what the states contributed 
     to the fund, a far greater positive impact can be made in 
     cleaning up our environment; Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to provide for the distribution of the 
     Leaking Underground Storage Tank Trust Fund's proceeds to the 
     states for cleanup projects determined by the states; 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.
                                                                    ____

       POM-292. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on the Judiciary.

                    Assembly Joint Resolution No. 13

       Whereas, The Congress of the United States of America is 
     considering the ratification of the balanced budget amendment 
     to the Constitution of the United States of America; and
       Whereas, Amendment the Constitution of the United States 
     should not be entered into without the full knowledge of the 
     California Legislature as to the economic and human 
     consequences of the amendment on the State of California; and
       Whereas, The potential impact of the balanced budget 
     amendment without protections for seniors, medicare 
     recipients, and social security recipients, upon the State of 
     California and its individual citizens could be massive and 
     without precedent; and
       Whereas, Older American in this country have labored their 
     entire life to prosper and succeed to make America great; and
       Whereas, Congress should take every step to exempt social 
     security from the balanced budget amendments; and
       Whereas, Congress needs to adopt a hands-off approach to 
     social security and the Medicare system and stop any further 
     action to hurt older Americans; and
       Whereas, All efforts should be continued to keep social 
     security from the balanced budget amendment since Congress 
     took it ``off budget'' in 1990; and
       Whereas, The Legislature of the State of California needs 
     sufficient information and data upon which to base its 
     appraisal of the impact of the balanced budget amendment; 
     Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California jointly, That the Legislature respectfully 
     memorializes the President and Congress of the United States 
     to continue efforts to indefinitely ensure that social 
     security is not threatened in any way, to protect older 
     Americans who are receiving social security and Medicare from 
     undue harm and stress from the continuing dialogue to stop 
     any effort to hurt the income security of older Americans, to 
     ensure that everything necessary is being done to make sure 
     that older Americans continue to receive all that they are 
     entitled to and deserve, and to ensure the solvency of social 
     security and Medicare for future generations of taxpayers and 
     senior citizens entitled to the benefits provided by those 
     programs; 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-293. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Foreign 
     Relations.

                        Joint Resolution No. 18

       Whereas, The United Nations Commission on the Status of 
     Women formulated a document entitled the Convention on the 
     Elimination of All Forms of Discrimination Against Women 
     (CEDAW); and
       Whereas, The United Nations General Assembly adopted the 
     Convention, and opened it for signature in December 1979; and
       Whereas, The Convention, sometimes called an international 
     Bill of Rights for women, obligates those countries that have 
     ratified or acceded to it to take all appropriate measures to 
     ensure the full development and advancement of women in all 
     spheres, including political, educational, employment, health 
     care, economic, social, legal, marriage and family relations, 
     as well as to modify the social and cultural patterns of 
     conduct of men and women to eliminate prejudice, customs, and 
     all other practices based on the idea of the inferiority or 
     superiority of either sex; and
       Whereas, Fifty-two countries, including the United States, 
     signed the Convention during the 1980 Mid-Decade Conference 
     for Women in Copenhagen, Denmark; and
       Whereas, To date, 160 countries, representing over half the 
     countries of the world, have now ratified or acceded to the 
     Convention; and
       Whereas, The United States has not yet ratified or acceded 
     to the Convention; Now, therefore, be it
       Resolved by the Assembly and Senate of the State of 
     California, jointly, That the Legislature of the State of 
     California commends the

[[Page S11544]]

     local, national, and international efforts of the National 
     Committee on the United Nations to promote the universal 
     adoption of the United Nations Convention on the Elimination 
     of All Forms of Discrimination Against Women, and urges the 
     United States Senate to ratify CEDAW; and be it further
       Resolved, That the Assembly and the Senate of the State of 
     California shall work to ensure the elimination of 
     discrimination against women and girls in the State of 
     California, as they pursue the enjoyment of all civil, 
     political, economic, and cultural rights, as expressed in the 
     CEDAW treaty; 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-294. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Puerto Rico; to the 
     Committee on Foreign Relations.

                               Resolution

       Whereas, The Commonwealth of Puerto Rico and the province 
     of Taiwan of the Republic of China enjoy a close and long 
     standing relationship;
       Whereas, Dr. Sun Yat-Sen, founder the Republic of China, 
     has been recognized as a national patriot by all the 
     governments of modern China and in harmony with his 
     principles, the government of the Republic of China in Taiwan 
     has consistently shown its commitment towards world peace and 
     stability, economic and social-regional development, 
     international mutual assistance, democratization processes 
     and political and economic freedom;
       Whereas, the economy of the Republic of China in Taiwan 
     makes it, at present, the fourteenth largest commercial 
     country, the twentieth in gross national product and the 
     twenty-fifth in gross per capita income;
       Whereas, the population of the Republic of China in Taiwan 
     is greater than the population of two-thirds of the present 
     members of the United Nations Organizations;
       Whereas, the people of the Republic of China in Taiwan 
     deserve appropriate recognition and credit for their dynamic 
     role in the international community;
       Whereas, the creation of an ad hoc committee for the study 
     of the exceptional situation of the people of the Republic of 
     China in Taiwan in the international community, has been 
     proposed before the United Nations Organization in order to 
     advance fair and viable solutions which will allow its 
     participation in the international bodies under the aegis of 
     the United Nations Organization;
       Whereas, there is a precedent for the full participation of 
     the Republic of China in Taiwan in the United Nations 
     Organization and its affiliated bodies, such as the 
     participation formerly granted to nations divided between two 
     governments such as Korea, and as were Germany and Yemen for 
     many years before their unification;
       Whereas, since the People of Puerto Rico lack the power to 
     directly influence the President and the United States 
     Congressmen who direct the foreign and diplomatic policy 
     which applies to Puerto Rico by vote, it is essential for 
     this High Body to state its feelings on this matter to them. 
     Now therefore: be it
       Resolved by the House of Representatives of Puerto Rico:
       Section 1.--To hereby request the President and the 
     Congress of the United States to give their utmost attention 
     and action support to the Republic of China in Taiwan as an 
     important participant in international commerce and trade, 
     and as a former ally, and in support of its efforts to attain 
     its full participation in the international community bodies.
       Section 2.--To have this Resolution translated into the 
     English language, and remit copies thereof to the President 
     and to the Congress of the United States, and to the 
     Representatives of the Republic of China in Taiwan.
                                                                    ____

       POM-295. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Puerto Rico; to the 
     Committee on Energy and Natural Resources.

                               Resolution


                          statement of motives

       Information published in the United States indicates that 
     in recent months a controversy has arisen regarding the 
     manner in which the Federal Census for the year 2000 shall be 
     conducted. The controversy is basically about proposed 
     methodology.
       The Bureau of the Census plans to use the statistical 
     sampling technique, alleging that it is necessary in order to 
     correct the situation of the previous census which failed to 
     count some one point six (1.6) percent of the population of 
     the United States or around four million (4,000,000) persons, 
     according to its own estimates. It is estimated that if the 
     sample is not used, one point nine (1.9) percent of the 
     population shall not be counted and that six hundred seventy-
     five (675) to eight hundred (800) million dollars would be 
     necessary in addition to the four billion it expects to 
     spend.
       From the above, it can be inferred that a census with 
     statistical sampling is more reliable and less costly than 
     that which does not use the sample. It is also important to 
     indicate that experience has shown that the endemic problem 
     of the population that is uncounted mainly affects the 
     minorities, and among them, Hispanics.
       We wish to join our efforts to those of Martha Farnsworth 
     Richie, Director of the Bureau of the Census, Barbara E. 
     Bryant, former Director of the Bureau of the Census under 
     former President Bush, the two panels of the National 
     Research Council, one of which is directed by Charles L. 
     Schulze, who worked for Brookings Institution, to the 
     American Statistics Association, the United States Conference 
     of Mayors, organizations of legal counsel for minority groups 
     such as the Civil Rights Leadership Council, the majority of 
     the members of Congress affiliated to the Democratic Party, 
     Republican Congressmen such as Senator John McCain from 
     Arizona and Congressman Christopher Shays from Connecticut, 
     as well as state governments such as New York and Los 
     Angeles, all these who favor the use of statistical sampling 
     in the Census.
       It seems to us that the arguments set forth by those who 
     oppose the use of samples based on considerations of public 
     order, lack validity. The Chairman of the National Republican 
     Party, Jim Nicholson, has been quoted as saying that based on 
     an undisclosed internal report, that Republicans could lose 
     up to twenty-five (25) seats in the House of Representatives 
     if statistic sampling is used in the Census for the year 
     2000. This has been denied by other sectors. A study 
     conducted by the Congressional Investigation Service based on 
     the projections of the Census of 1996, reflects that eleven 
     (11) seats would change hands and that states such as Texas, 
     Arizona and Georgia would gain two (2) seats, while New York 
     and Pennsylvania would lose two (2) seats.
       The argument that a Census with sampling would be 
     unconstitutional and that additional costs would be avoided 
     if the Supreme Court annuls a census with the sample do not 
     convince us either.
       Department of Justice Opinions under the administrations of 
     Clinton, Carter and Bush conclude that the Constitution does 
     not exclude the use of the sample. We firmly believe that the 
     constitutional right of equal protection under laws of the 
     United States of the persons omitted in the past by the 
     Census were violated, and that those mainly affected are 
     members of minority groups that are not counted for reasons 
     such as higher rates of multiple families living together, 
     changes of residence and cases of homeless people, which 
     mostly affect minority groups than the rest of the 
     population.
       In the spirit that justice be done from the economic point 
     of view, as well as from the political point of view through 
     equal treatment to all the residents of the United States, we 
     urge the President and the Congress of the United States to 
     support a Federal Census using the methodology proposed by 
     the Bureau of the Census so that the five (5) million persons 
     who would be omitted from the statistics of the Census if the 
     statistical sampling is not used, can be counted, be it
       Resolved by the House of Representatives of Puerto Rico:
       Section 1.--To urge President William Jefferson Clinton and 
     the Congress of the United States to support the methodology 
     proposed by the United States Bureau of the Census to conduct 
     the Federal Census of the year 2000.
       Section 2.--A copy of this Resolution shall be remitted to 
     the President of the United States, as well as to the Speaker 
     of the House and President of the Senate of the United States 
     of America, to the Floor leaders of the various parliamentary 
     delegations, and to the Black Caucus and Hispanic Caucus of 
     the Congress, the Governor of Puerto Rico and the Resident 
     Commissioner of Puerto Rico in the United States, in English 
     and in Spanish.

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