[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3435-S3438]
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-22. A resolution adopted by the Commission of the City 
     of Margate, Florida, relative to the rights of freedom of 
     speech and association of candidates for office; to the 
     Committee on the Judiciary.
       POM-23. A resolution adopted by the Legislature of the 
     State of Nebraska; to the Committee on the Judiciary.

                       Legislative Resolution 10

       Whereas, the delegates to the 1788 Constitutional 
     Convention discussed whether the term of office for a 
     representative should be one year or three years and 
     compromised on a two-year term; and
       Whereas, communications systems and travel accommodations 
     have improved over the last two hundred years which allows 
     quicker and easier communication with constituents and more 
     direct contact; and
       Whereas, the American people would be better served by 
     having the members of the

[[Page S3436]]

     House of Representatives focus on issues and matters before 
     the Congress rather than constantly running a campaign; and
       Whereas, a biennial election of one-half of the Members of 
     the House of Representatives would still allow the American 
     people to express their will every two years. Now therefore, 
     be it
       Resolved by the Members of the Ninety-Sixth Legislature of 
     Nebraska, First Session:
       1. That the Legislature hereby petitions the Congress of 
     the United States to propose to the states an amendment to 
     Article I, section 2, of the United States Constitution that 
     would increase the length of the terms of office for members 
     of the House of Representatives from two years to four years 
     with one-half of the Member's terms expiring every two years.
       2. That official copies of this resolution be prepared and 
     forwarded to the Speaker of the House of Representatives and 
     President of the Senate of the Congress of the United States 
     and to all Members of the Nebraska delegation to the Congress 
     of the United States, with the request that it be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States.
       3. That a copy of the resolution be prepared and forwarded 
     to President William J. Clinton.
                                  ____

       POM-24. A resolution adopted by the Legislature of the 
     State of Wyoming; to the Committee on Governmental Affairs.
       Whereas, the U.S. Constitution requires an actual 
     enumeration of the population every ten years, and entrusts 
     Congress with overseeing all aspects of each decennial 
     enumeration;
       Whereas, the sole constitutional purpose of the decennial 
     census is to apportion the seats in Congress among the 
     several states;
       Whereas, an accurate and legal decennial census is 
     necessary to properly apportion U.S. House of Representatives 
     seats among the 50 states and to create legislative districts 
     within the states;
       Whereas, an accurate and legal decennial census is 
     necessary to enable states to comply with the constitutional 
     mandate of drawing state legislative districts within the 
     states;
       Whereas, Article 1, Section 2 of the U.S. Constitution, in 
     order to ensure an accurate count, and to minimize the 
     potential for political manipulation, mandates an ``actual 
     enumeration'' of the population, which requires a physical 
     headcount of the population and prohibits statistical 
     guessing or estimates of the population;
       Whereas, Title 13, Section 195 of the U.S. Code, consistent 
     with this constitutional mandate, expressly prohibits the use 
     of statistical sampling to enumerate the U.S. population for 
     the purpose of reapportioning the U.S. House of 
     Representatives;
       Whereas, legislative redistricting conducted by the states 
     is a critical subfunction of the constitutional requirement 
     to apportion representatives among the states;
       Whereas, the United States Supreme Court, in No. 98-404, 
     Department of Commerce, et al. v. United States House of 
     Representatives, et al., together with No. 98-564, Clinton, 
     President of the United States, et al. v. Glavin, et al. 
     ruled on January 25, 1999 that the Census Act prohibits the 
     Census Bureau's proposed uses of statistical sampling in 
     calculating the population for purposes of apportionment;
       Whereas, in reaching its findings, the United States 
     Supreme Court found that the use of statistical procedures to 
     adjust census numbers would create a dilution of voting 
     rights for citizens in legislative redistricting, thus 
     violating legal guarantees of `one-person, one-vote;'
       Whereas, consistent with this ruling and the constitutional 
     and legal relationship of legislative redistricting by the 
     states to the apportionment of the U.S. House of 
     Representatives, the use of adjusted census data would raise 
     serious questions of vote dilution and violate `one-person, 
     one-vote' legal protections, thus exposing the State of 
     Wyoming to protracted litigation over legislative 
     redistricting plans at great cost to the taxpayers of the 
     State of Wyoming, and likely result in a court ruling 
     invalidating any legislative redistricting plan using census 
     numbers that have been determined in whole or in part by the 
     use of random sampling techniques or other statistical 
     methodologies that add or subtract persons to the census 
     counts based solely on statistical inference;
       Whereas, consistent with this ruling, no person enumerated 
     in the census should ever be deleted from the census 
     enumeration;
       Whereas, consistent with this ruling, every reasonable and 
     practical effort should be made to obtain the fullest and 
     most accurate count of the population as possible, including 
     appropriate funding for state and local census outreach and 
     education programs; as well as a provision for post census 
     local review; Therefore be it
       Resolved, That the Wyoming State Legislature calls on the 
     Bureau of the Census to conduct the 2000 decennial census 
     consistent with the aforementioned United States Supreme 
     Court ruling and constitutional mandate, which require a 
     physical headcount of the population and bars the use of 
     statistical sampling to create, or in any way adjust the 
     count; be it further
       Resolved, That the Wyoming State Legislature opposes the 
     use of P.L. 94-171 data for state legislative redistricting 
     based on census numbers that have been determined in whole or 
     in part by the use of statistical inferences derived by means 
     of random sampling techniques or other statistical 
     methodologies that add or subtract persons to the census 
     counts; be it further
       Resolved, That the Wyoming State Legislature demands that 
     it receive P.L. 94-171 data for legislative redistricting 
     identical to the census tabulation data used to apportion 
     seats in the U.S. House of Representatives consistent to the 
     aforementioned United States Supreme Court ruling and 
     constitutional mandates, which requires a physical headcount 
     of the population and bars the use of statistical sampling to 
     create, or in any way adjust the count; be it further
       Resolved, That the Wyoming State Legislature urges 
     Congress, as the branch of government assigned the 
     responsibility of overseeing the decennial enumeration, to 
     take whatever steps are necessary to ensure that the 2000 
     decennial census is conducted fairly and legally; and be it 
     further.
       Resolved, That a copy of this Resolution be transmitted to 
     the Speaker of the U.S. House of Representatives, Majority 
     Leader of the U.S. Senate, Vice President and the President 
     of the United States.
                                  ____

       POM-25. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Governmental 
     Affairs.

                     Senate Joint Resolution No. 4

       Whereas, Few environmental challenges have proven more 
     daunting than the problems posed by high-level nuclear waste; 
     and
       Whereas, The proposed Nuclear Waste Policy Act of 1999 is a 
     disastrous response to these problems and if enacted would 
     attack state authority, create massive taxpayer liabilities 
     and unwisely require an ``interim'' storage facility for 
     high-level nuclear waste which would directly threaten the 
     environment; and
       Whereas, By requiring construction of an ``interim'' 
     storage facility at the Nevada Test Site, the proposed 
     Nuclear Waste Policy Act of 1999 would require the 
     unprecedented shipment of high-level nuclear waste through 43 
     states endangering the lives of fifty million American 
     citizens who live within one-half mile of the proposed 
     transportation routes; and
       Whereas, Although there is the expectation that high-level 
     waste at reactors will eventually have to be moved, the 
     provisions of the Nuclear Waste Policy Act of 1999 exacerbate 
     the risk of this dangerous activity; and
       Whereas, Despite the serious flaws with the proposed Yucca 
     Mountain site, studies are being conducted to determine 
     whether the site is capable of hosting a permanent repository 
     for high-level nuclear waste, but if enacted, the Nuclear 
     Waste Policy Act of 1999 would prejudice those studies by 
     explicitly revoking federal regulations that establish 
     guidelines for determining the suitability of the site; and
       Whereas, Upon the revocation of such regulations, 
     requirements for establishing the characteristics of the 
     site, such as the time it takes for water to travel and 
     climactic stability, would be eliminated, thereby undermining 
     the integrity of any determination regarding the suitability 
     of the site for the storage of high-level nuclear waste; and
       Whereas, A major cause for concern in designating the 
     Nevada Test Site as the ``interim'' storage facility is the 
     high seismic activity that has been taking place in the area, 
     including seven earthquakes just last month at 3.0 or greater 
     with three jolts recorded at a magnitude of between 4.3 
     and 4.7 that struck at the eastern edge of the site; and
       Whereas, Geologists have expressed concern over this 
     seismic activity stating that these recent earthquakes are 
     part of a swarm of tremors that have occurred along the Rock 
     Valley Fault zone, including a 5.8 magnitude quake on June 
     29, 1992, at Little Skull Mountain, which knocked out 
     windows, cracked walls and brought down ceiling panels at a 
     fields operations center approximately 12 miles from the site 
     of the proposed repository; and
       Whereas, Federal law directs the Environmental Protection 
     Agency to enact regulations to protect the environment from 
     repository radiation releases, but the Nuclear Waste Policy 
     Act of 1999 prohibits all efforts of the Environmental 
     Protection Agency to carry out this responsibility; and
       Whereas, The reality is that the Nuclear Waste Policy Act 
     of 1999 would create a single performance standard that would 
     allow annual radiation exposures of up to 100 millirems to an 
     average member of the surrounding population, a level four 
     times the amount allowed by regulation for storage 
     facilities; and
       Whereas, The Nuclear Waste Policy Act of 1999 contains 
     broad preemptions for environmental legislation including a 
     provision stating that any state or local law that is 
     ``inconsistent'' with the requirements of the proposed Act is 
     preempted; and
       Whereas, This proposed Act does not allow the Environmental 
     Impact Statement to question the size, need or timing of any 
     ``interim'' storage facility nor does it allow any questions 
     relating to alternative locations or design criteria; and
       Whereas, The proposed ``interim'' storage facility site 
     will have a capacity of 40,000 MTUs which is sufficient space 
     to store all of today's commercial nuclear waste and the 
     license is to be a 100-year renewable license which suggests 
     that this proposed ``interim'' storage facility is expected 
     to become permanent; now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     (jointly), That the members of the 70th session of the Nevada 
     Legislature

[[Page S3437]]

     do hereby urge the Congress of the United States not to enact 
     the Nuclear Waste Policy Act of 1999, H.R. 45; and be it 
     further
       Resolved, that the Nevada Legislature is opposed to any 
     further consideration of the use of the Nevada Test Site as a 
     national site for the disposal of high-level nuclear waste; 
     and be it further
       Resolved, that the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, that the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, that this resolution becomes effective upon 
     passage and approval.
       POM-26. A resolution adopted by the House of the 
     Legislature of the Commonwealth of the Northern Marianas 
     Islands; to the Committee on Energy and Natural Resources.

                      House Resolution No. 11-126

       Whereas, the Covenant to establish the Commonwealth of the 
     Northern Mariana Islands (Commonwealth) in political union 
     with the United States of America was entered into for two 
     reasons: first, to secure and maintain the national security 
     and defense of the United States in the Pacific rim and far 
     east Asia; and second, to secure among the people of the 
     Commonwealth the right to self-government with respect to 
     their own internal affairs; and
       Whereas, the people of the Commonwealth gave up their 
     precious political sovereignty and some control over their 
     lands, sea and air in order to secure and maintain the 
     national security and defense of the United States; and
       Whereas, in exchange for what the people of the 
     Commonwealth gave up for the benefit of the United States 
     under the Covenant, the United States agreed to extend to the 
     Commonwealth financial assistance; agreed to assist the 
     Commonwealth in developing its economic resources; agreed to 
     protect the small population of the Commonwealth from being 
     overwhelmed by permanent immigrants from the nearby Asian 
     countries; and extended third class US citizenship to the 
     people of the Commonwealth; and
       Whereas, first class US citizens are those who have 
     representatives and senators in Congress and vote for the 
     President; second class citizens are those who have only non-
     voting delegates to Congress: and third class citizens are 
     those who have no representative,  no senator, no vote for 
     the president and have no voice at all in their democratic 
     government, the United States of America; and
       Whereas, the economic goal of the Commonwealth as 
     envisioned in the Covenant was to reduce its requirement for 
     financial assistance from the United States and to become 
     self-reliant; and
       Whereas, in order to facilitate economic development in the 
     Commonwealth, and at the same time maintain political control 
     among the Commonwealth people, the United States left to the 
     Commonwealth complete control over immigration and minimum 
     age, and exempted the Commonwealth from the U.S. import 
     duties; and
       Whereas, as a direct result of these economic incentives, 
     the local control of immigration and minimum wage, and the 
     waiver of import duties, the Commonwealth's annual gross 
     product ballooned from a mere few million dollars in 1978 
     when the Commonwealth Government came into being to over one 
     billion dollars in 1997, making her the envy of other 
     colonies and independent states in the region; and
       Whereas, the Commonwealth imports U.S. products to the tune 
     of one billion dollars per year; and
       Whereas, the success story of the Commonwealth's economy, 
     concentrated in the industries of tourism and garment 
     manufacturing, is the result of innovative provisions in the 
     Covenant, the effectiveness of which the United States and 
     the Commonwealth should be proud of; and
       Whereas, the economic boom in the Commonwealth resulted in 
     the importation of a large number of temporary non-immigrant 
     workers, as envisioned in the Covenant, to supplement its 
     small pool of local manpower; and
       Whereas, it has been the experience of developed and 
     developing countries, including the United States, that any 
     rapid social and demographic changes which naturally breed 
     social and political problems; and
       Whereas, in the case of the Commonwealth, the success of 
     the garment industry is claimed by the Office of Insular 
     Affairs to have adversely affected the textile industry in 
     the United States, causing some first class U.S. citizens to 
     lose their jobs, and the United States Government to lose 
     about $200,000,000,00 in waived import duties; and
       Whereas, the Office of Insular Affairs, insinuating 
     arrogantly that the third class US citizens of the 
     Commonwealth should not and cannot improve their economic 
     status at the expense of secured jobs for the first class US 
     citizens in the United States, has embarked on a vicious 
     campaign to destroy the garment industry in the Commonwealth 
     by persuading the US Congress to take away control of 
     immigration and minimum wage and end the waiver of import 
     duties with respect to garment; and
       Whereas, as part of this campaign, the Office of Insular 
     Affairs has submitted annual reports to Congress and in these 
     reports attempts to paint a deceptive picture of these 
     paradise islands as being evil, governed by abusive people, 
     controlled by alien tycoons, and has exaggerated the social 
     problems associated with the recent economic boom; and
       Whereas, this legislature denounces the most recent report 
     to Congress which purposely ignores major reform programs, 
     legislative actions, improved enforcement,and the immense 
     progress made in solving the consequential social problems 
     associated with the recent economic boom, and instead, 
     repeated old and inaccurate facts; and
       Whereas, some members of the US Congress have complimented 
     the Commonwealth for its economic miracle and for showcasing 
     what free-enterprise and democracy, working hand in hand, 
     could accomplish; and others have stated that the social 
     problems resulting from the economic boom are local problems 
     deserving local solutions; now, therefore
       Be it resolved, by the House of Representatives, Eleventh 
     Northern Marianas Commonwealth Legislature, that the Office 
     of Insular Affairs is urged to be honest and sincere in its 
     presentation of the facts about the Commonwealth to Congress 
     and the news media; and
       Be it further resolved That the Office of Insular Affairs 
     acknowledge the tremendous benefit that the United States has 
     received from the people of the Commonwealth through the 
     Covenant and to show some appreciation for such gain; and
       Be it further resolved That the US Congress is hereby 
     requested to continue allowing the Commonwealth to work on 
     its internal problems and to not take away control of 
     immigration, but to uphold the intent and integrity of the 
     Covenant; and
       Be it further resolved, That the Speaker of the House shall 
     certify and the House Clerk shall attest to the adoption of 
     this resolution and thereafter transmit copies to Office of 
     Insular Affairs, President of the United States, Speaker of 
     the House of the US Congress, President of the US Senate, the 
     president and governor's representatives to the 902 talks, 
     the Honorable Pedro P. Tenorio, Governor, Commonwealth of the 
     Northern Mariana Islands, and the Mayors of each senatorial 
     district.
                                  ____

       POM-27. A resolution adopted by the Senate of the 
     Legislature of the State of New Hampshire; to the Committee 
     on Appropriations.

                               Resolution

       Whereas, since its enactment in 1975, the Individuals with 
     Disabilities Education Act (IDEA) has helped millions of 
     children with special needs to receive a quality education 
     and to develop to their full capacities; and
       Whereas, the IDEA has moved children with disabilities out 
     of institutions and into public school classrooms with their 
     peers; and
       Whereas, the IDEA has helped break down stereotypes and 
     ignorance about people with disabilities, improving the 
     quality of life and economic opportunity for millions of 
     Americans; and
       Whereas, when the federal government enacted the 
     Individuals with Disabilities Education Act, it promised to 
     fund 40 percent of the average per pupil expenditure in 
     public elementary and secondary schools in the United States; 
     and
       Whereas, the federal government currently funds, on 
     average, less than 9 percent of the actual cost of special 
     education services; and
       Whereas, local school districts and state government end up 
     bearing the largest share of the cost of special education 
     services; and
       Whereas, the federal government's failure to adequately 
     fulfill its responsibility to special needs children 
     undermines public support for special education and creates 
     hardship for disabled children and their families; now, 
     therefore, be it
       Resolved by the Senate:
       That the New Hampshire senate urges the President and the 
     Congress to fund 40 percent of the average per pupil 
     expenditure in public elementary and secondary schools in the 
     United States as promised under the IDEA to ensure that all 
     children, regardless of disability, receive a quality 
     education and are treated with the dignity and respect they 
     deserve; and
       That copies of this resolution be forwarded by the senate 
     clerk to the President of the United States, the speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, and the members of the New 
     Hampshire congressional delegation.
       POM-28. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Massachusetts; to the 
     Committee on Commerce, Science, and Transportation.

                               Resolution

       Whereas, the decision to close the Boston Regional Office 
     of the Federal Trade Commission will have a substantial 
     adverse effect on both consumers and small businesses in the 
     Commonwealth of Massachusetts and New England; and
       Whereas, for over 40 years the Boston Regional Office has 
     provided a Federal Trade Commission presence in New England, 
     enforcing consumer protection and anti-trust laws; and
       Whereas, the Boston Federal Trade Commission Office 
     receives in excess of 5,000 consumer complaints and inquiries 
     annually which are mediated and adjusted to the satisfaction 
     of consumers and small businesses; and

[[Page S3438]]

       Whereas, the Boston Federal Trade Commission Office acts as 
     a liaison for state and local consumer and regulatory 
     agencies in the areas of credit, consumer protection and 
     anti-trust as well as various other laws and regulations; and
       Whereas, the Massachusetts consumers' coalition, whose 
     members include representatives of the Massachusetts attorney 
     general's office, the AARP, the National Consumer Law Center 
     and local consumer protection offices, is charged with 
     safeguarding the interests of consumers throughout the 
     Commonwealth of Massachusetts and believes that closing the 
     Boston Regional office will significantly diminish the level 
     of consumer protection throughout the commonwealth; now 
     therefore be it
       Resolved, that the Massachusetts Senate hereby respectfully 
     requests the president of the United States to direct the 
     chairman of the Federal Trade Commission to rescind his 
     decision closing the Boston Regional Office as it is contrary 
     to the public's interest; and be it further
       Resolved, that a copy of these resolutions be transmitted 
     forthwith by the Clerk of the Senate to the President of the 
     United States, the chairman of the Federal Trade Commission, 
     the presiding officer of each branch of Congress and to the 
     members thereof from this commonwealth.

                          ____________________