[Congressional Record Volume 144, Number 44 (Tuesday, April 21, 1998)]
[Senate]
[Pages S3354-S3356]
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-376. A resolution adopted by the Idaho State Grange 
     relative to the Environmental Protection Agency; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       POM-377. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on 
     Agriculture, Nutrition, and Forestry.
Senate Resolution No. 151
       Whereas, The Food Quality Protection Act of 1996 (FQPA) was 
     signed into law on August 3, 1996, by President Clinton; and
       Whereas, Among the purposes of the FQPA is to assure that 
     pesticide tolerance decisions and policies are based upon 
     sound science and reliable data; and
       Whereas, Another purpose of the FQPA is to assure that 
     pesticide tolerance decisions and policies are formulated in 
     an open and transparent manner; and
       Whereas, The EPA is required by the FQPA to have reviewed 
     approximately 3,000 of the approximately 9,700 existing 
     tolerances by August 1999 to determine whether these 
     tolerances meet the safety standards established by the FQPA; 
     and
       Whereas, The implementation of the FQPA could have a 
     profound negative impact on domestic agricultural production 
     and on consumer food prices and availability. With Michigan's 
     diverse agriculture, this impact could be especially severe 
     on our numerous specialty crops; now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to take the following actions:
       1. Direct the EPA to initiate immediately appropriate 
     administrative rulemaking to ensure that the policies and 
     standards the agency intends to apply in evaluating pesticide 
     tolerances are subject to thorough public notice and comment 
     prior to final tolerance determinations being made by the 
     agency.
       2. Direct the EPA to use its authority under the FQPA to 
     provide interested persons the opportunity to produce data 
     needed to evaluate a pesticide tolerance so that the agency 
     can avoid the use of unrealistic default assumptions in 
     making pesticide tolerance decisions.
       3. Direct the EPA to implement the FQPA in a manner that 
     will not disrupt agricultural production nor have a negative 
     impact on the availability, diversity, and affordability of 
     food.
       4. Conduct oversight hearings immediately to ensure that 
     actions taken by the EPA are consistent with the FQPA 
     provisions and congressional intent. If the intent of the 
     legislation is not carried out, then Congress should postpone 
     the August 1999 deadline. Following oversight hearings, 
     Congress should, if necessary, take appropriate actions or 
     amend the FQPA to correct problem areas.
       5. Encourage the Secretary of Agriculture and the United 
     States Department of Agriculture to increase its commitment 
     of manpower and budgetary resources to work with the EPA to 
     gather scientific data. Furthermore, Congress should 
     encourage the United States Department of Agriculture to 
     conduct an economic impact statement on the implementation of 
     the FQPA.
       6. Clarify the role of Section 18 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act as its provisions 
     relate to the reestablishment of tolerances under the FQPA, 
     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, the members of the 
     Michigan congressional delegation, and the United States 
     Environmental Protection Agency.
                                  ____

       POM-378. A resolution adopted by the Board of County 
     Commissioners of St. Johns County, Florida relative to the 
     U.S. Army Corps of Engineers; to the Committee on 
     Appropriations.
       POM-379. A concurrent resolution adopted by the Legislature 
     of the State of Kansas; to the Committee on Appropriations.

                  House Concurrent Resolution No. 5029

       Whereas, In the span of a few years, 1971 through 1973, the 
     Federal Courts made it clear that an appropriate education is 
     a fundamental right of children with disabilities that is 
     secured by the due process and equal protection clauses of 
     the 14th Amendment to the U.S. Constitution; and
       Whereas, In 1975, Congress passed Public Law 94-142, the 
     Education for All Handicapped Children Act, known since 1990 
     as the Individuals with Disabilities Education Act of IDEA; 
     and
       Whereas, The IDEA requires that all children with 
     disabilities receive a free, appropriate public education and 
     provides a funding mechanism to assist states and local 
     educational services agencies with the costs of maintaining 
     programs; and
       Whereas, For several years, the costs of providing special 
     education services required under federal and state law have 
     been escalating rapidly and have been a major concern of 
     policymakers who have reviewed the matter studiously. To 
     date, solutions have proven elusive; and
       Whereas, All of the states have some mechanism in their 
     school finance laws that acknowledge the additional costs of 
     providing special education services for children with 
     disabilities, estimated on average to be about 2.3 times 
     greater than for general education pupils; and
       Whereas, The U.S. Supreme Court has opined that the IDEA is 
     a comprehensive scheme set up by Congress to aid the states 
     in complying with the constitutional obligation to provide 
     public education for children with disabilities; and
       Whereas, The IDEA authorizes funding in accordance with a 
     formula, a key variable of which is the average per pupil 
     expenditure for general education pupils. The Act authorized 
     Congress to appropriate a sum equal to 5 percent of this 
     average per pupil expenditure in 1977, 10 percent in 1978, 20 
     percent in 1979, and 40 percent by 1980. Though the Act 
     authorized funding according to this formula, appropriations 
     have never approached the authorization level and remains at 
     10 percent or less today: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein, That the Legislature, 
     in recognition that children with disabilities are endowed by 
     the Constitution with the right to be provided with a free 
     and appropriate public education and that the Congress of the 
     United States has enacted the Individuals with Disabilities 
     Education Act in order to insure that right, hereby urges the 
     Congress to acknowledge the fact that special education

[[Page S3355]]

     services are extremely costly and should be supported by a 
     combination of local, state, and federal funds; and be it 
     further
       Resolved, That the Legislature hereby requests the Congress 
     to assume its fair share of the costs of special education 
     services by increasing funding to a level more nearly 
     approaching the level authorized by the Individuals with 
     Disabilities Education Act; and be it further
       Resolved, That the Secretary of State is hereby directed to 
     send enrolled copies of this resolution to the President and 
     President pro tempore of the Senate of the United States, to 
     the Speaker of the House of Representatives of the United 
     States, and to each member of the Kansas Congressional 
     Delegation.
                                  ____

       POM-380. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Kentucky; to the Committee on 
     Appropriations.

                               Resolution

       Whereas, The conditions of the roads and bridges in the 
     states is deteriorating; and
       Whereas, The demand placed upon the nation's transportation 
     system has increased and will continue to increase into the 
     21st Century; and
       Whereas, Safe, reliable, and cost effective movement of 
     people, goods, and information is critical to economic 
     development and competitiveness in the market; and
       Whereas, The United States Department of Transportation has 
     estimated that over five years, $357 billion is needed to 
     improve the highway system, while $39.5 billion is needed 
     just to maintain current road conditions; and
       Whereas, States need every possible unencumbered dollar to 
     improve their roads and bridges; and
       Whereas, the United States Congress is urged to focus on 
     incentives rather than disincentives in any transportation 
     bill; now, therefore, be it
       Resolved by the Senate of the General Assembly of the 
     Commonwealth of Kentucky:
       Section 1. The Senate hereby urges the Congress of the 
     United States to provide funding without mandates to the 
     Transportation Cabinet.
       Section 2. The Senate Clerk of the Senate is directed to 
     submit a copy of this Resolution to each member of the United 
     States House of Representatives and the United States Senate.
                                  ____

       POM-381. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Appropriations.
       Whereas, Transportation access and safety are essential to 
     economic hopes in communities across Pennsylvania; and
       Whereas, While Pennsylvania has taken steps to increase the 
     amount of State transportation funding to match Federal 
     dollars and to deal with State areas of responsibility, the 
     list of priority projects still exceeds available funds and 
     the State's 12-year transportation plan contains many 
     projects for which funding is unidentified; and
       Whereas, Huge increases in vehicle miles traveled and in 
     shipping products and goods on interstate highways add 
     significantly to maintenance needs; and
       Whereas, The Federal Highway Administration periodically 
     documents the substantial number of structurally deficient 
     and functionally obsolete bridges in Pennsylvania; and
       Whereas, Federal funding remains the most critical share of 
     the funding for major construction and reconstruction 
     projects, and the six-year reauthorization bill will 
     determine the size and effectiveness of the transportation 
     program Pennsylvania can undertake; and
       Whereas, Congressman Bud Shuster, as Chairman of the 
     Committee on Transportation and Infrastructure, and other 
     congressional transportation advocates have proposed greatly 
     increasing Federal funding as part of the transportation 
     reauthorization, in the understanding that infrastructure 
     investment is vital to the economic health of the nation and 
     the states; and
       Whereas, A long-term determination of Federal funding 
     levels is necessary to allow for coordinated transportation 
     planning at the State and local levels; and
       Whereas, Money raised through Federal transportation taxes 
     should be used to pay for transportation projects and 
     enhanced motor vehicle and truck safety measures; not to 
     cover deficits in other areas of Federal endeavor; therefore 
     be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge the Congress of the United States to take 
     action on the comprehensive multiyear transportation funding 
     legislation; and be it further
       Resolved, That congressional action on the transportation 
     reauthorization include provisions for releasing trust fund 
     moneys being withheld from transportation projects; and be it 
     further
       Resolved, That Pennsylvania support an increase in the 
     Federal funding available to expand the array of projects 
     that can be undertaken, which in turn will move up the 
     completion of transportation priorities and secure the 
     considerable job creation and highway safety benefits that 
     will result; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-382. A concurrent resolution adopted by the Legislature 
     of the State of West Virginia; to the Committee on 
     Appropriations.

                   House Concurrent Resolution No. 16

       Whereas, In 1977 the Surface Mining Control and Reclamation 
     Act was enacted into law establishing an Abandoned Mine 
     Reclamation Fund financed by a fee assessed on every ton of 
     coal mined for the purpose of restoring previously mined but 
     left unreclaimed lands; and
       Whereas, To date over $1.1 billion has been spent 
     nationwide from the Abandoned Mine Reclamation Fund to 
     mitigate the hazards associated with abandoned coal mine 
     lands such as dangerous highwalls, impoundments, open mine 
     portals and contaminated water supplies; and
       Whereas, West Virginia's share of unfunded high-priority 
     abandoned coal mine reclamation costs are estimated to be 
     $415 million; and
       Whereas, West Virginia has received and spent almost $200 
     million from the Abandoned Mine Reclamation Fund to finance 
     the reclamation of abandoned coal mine land sites in the 
     State but is of the firm conviction that additional funding 
     is vital to the success of future water projects within this 
     State; and
       Whereas, The discrepancy between fee collections and 
     expenditures is widening, with approximately $285 million 
     collected in fiscal year 1997 and only $177 million 
     appropriated; and
       Whereas, The threat to the health, safety and general 
     welfare of coalfield citizens from the hazards associated 
     with abandoned coal mine sites is unacceptable and must be 
     mitigated; and
       Whereas, The expenditure of funds for abandoned mine 
     reclamation projects not only enhances the coalfield 
     environment but creates jobs in the construction of such 
     projects; therefore, be it
       Resolved by the West Virginia Legislature, That the 
     Committees on Appropriation of the United States House of 
     Representatives and the United States Senate are urged to 
     increase the annual appropriation from the Abandoned Mine 
     Reclamation Fund to a level commensurate with annual fee 
     collections as well as begin to draw-down the unspent balance 
     of the fund especially for future water projects in these 
     troubled areas; and, be it
       Further Resolved, That the Clerk is hereby directed to 
     forward a copy of this resolution to the United States House 
     of Representatives, the Secretary of the United States 
     Senate, and to each member of the West Virginia Congressional 
     Delegation.
                                  ____

       POM-383. A joint resolution adopted by the General Assembly 
     of the State of Colorado; to the Committee on Armed Services.

                   House Joint Resolution No. 98-1013

       Whereas, The federal military base realignment and closure 
     process has led to the closing of Lowry Air Force Base and 
     the impending closure of Fitzsimons Army Garrison; and
       Whereas, The exchange and commissary at the former Lowry 
     Air Force Base has been closed, and the exchange and 
     commissary at Fitzsimons Army Garrison is scheduled to be 
     closed in March, 1999; and
       Whereas, Over three thousand two hundred active duty 
     military personnel with approximately six thousand eight 
     hundred dependents are assigned to Buckley Air National Guard 
     Base or other locations in the Denver metropolitan area; and
       Whereas, Over four thousand members of the National Guard 
     and Reserves in the Denver metropolitan area are entitled to 
     unlimited exchange and limited commissary privileges; and
       Whereas, Over nineteen thousand military retirees reside in 
     the Denver metropolitan area; and
       Whereas, The closure of the exchange and commissary at 
     Lowry Air Force Base and the consequent increase in the 
     number of persons using the exchange and commissary at 
     Fitzsimons Army Garrison has resulted in the exchange and 
     commissary at Fitzsimons being inadequate to support the 
     needs of the persons eligible to use it; and
       Whereas, The active duty military personnel, members of the 
     National Guard and Reserves, and military retirees presently 
     entitled to exchange and commissary privileges at Fitzsimons 
     Army Garrison will suffer from decreased quality of life and 
     increased financial burdens when the exchange and commissary 
     at Fitzsimons Army Garrison is closed in March, 1999; and
       Whereas, The closure of the exchange and commissary at 
     Fitzsimons Army Garrison will eliminate over two hundred 
     jobs; and
       Whereas, The closest alternative exchange and commissary 
     for the Denver metropolitan area is located at the United 
     States Air Force Academy, which is over sixty miles and more 
     than an hour's drive away from Denver; and
       Whereas, Buckley Air National Guard Base is owned by the 
     United States Air Force, but licensed to the State of 
     Colorado; and
       Whereas, Buckley Air National Guard Base and the City of 
     Aurora, Colorado have sufficient power, water, and sewer 
     infrastructure to support a new exchange and commissary at 
     Buckley Air National Guard Base; and
       Whereas, Roy Romer, Governor of Colorado; Major General 
     William A. Westerdahl, Adjutant General of the Colorado 
     National Guard; and Paul E. Tauer, Mayor of Aurora,

[[Page S3356]]

     Colorado all support the relocation of the exchange and 
     commissary from Fitzsimons Army Garrison to new facilities to 
     be constructed at Buckley Air National Guard Base; now, 
     therefore, be it
       Resolved by the House of Representatives of the Sixty-first 
     General Assembly of the State of Colorado, the Senate 
     concurring herein, That we, the members of the Sixty-first 
     General Assembly, request that the Congress of the United 
     States, the Secretary of Defense, and the Secretary of the 
     Air Force take immediate action to authorize the relocation 
     of the exchange and commissary at Fitzsimons Army Garrison to 
     new facilities to be constructed at Buckley Air National 
     Guard Base and to ensure that the exchange and commissary at 
     Fitzsimons Army Garrison remains open until the new 
     facilities are completed; and be it further
       Resolved, That the new exchange and commissary to be 
     constructed at Buckley Air National Guard Base be sized to 
     adequately meet the needs of all persons in the Denver 
     metropolitan area who are eligible to use it; and be it 
     further
       Resolved, That copies of this Resolution be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate, the Secretary of Defense, the Secretary of the 
     Air Force, the Speaker of the House and the President of the 
     Senate of each state's legislature of the United States of 
     America, and Colorado's Congressional delegation.

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