[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5830-S5834]
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-124. A resolution adopted by the Senate of the General 
     Assembly of the State of Illinois relative to senior 
     citizens; to the Committee on Finance.

                        Senate Resolution No. 70

       Whereas, The Balanced Budget Act of 1997 established a new 
     reimbursement system for Medicare home health services 
     effective for cost reporting periods beginning on or after 
     October 1, 1997 which has threatened to ruin the home health 
     benefit; and
       Whereas, The Balanced Budget Act of 1997 created an interim 
     payment system which is cost-based with reduced limits and is 
     in effect until a prospective payment system is initiated 
     with cost reporting periods beginning on or after October 1, 
     2000; and
       Whereas, While the 105th Congress made strides to rectify 
     the interim payment system, the real effect of the Omnibus 
     Reconciliation Act of 1998 was to raise the per-

[[Page S5831]]

     visit reimbursement for home health between only $0.50 and 
     $1.00 and the per-beneficiary limits by less than 5% for the 
     majority of home health agencies; and
       Whereas, If the home health program, which is only 9% of 
     the overall Medicare budget, is slashed, other programs will 
     bear the burden, and in many cases Medicare patients will be 
     transferred to the Medicaid program; and
       Whereas, If these patients are not served by home health, 
     they will drive up health care costs in other arenas, 
     including nursing homes, hospitals, and emergency care; and
       Whereas, One out of every 10 Medicare beneficiaries 
     received some form of home health care in 1996; and
       Whereas, On average, a home care visit in 1996 cost between 
     $40 and $140, while the cost of staying in a hospital per day 
     is $2,071, and a skilled nursing facility, $443; and
       Whereas, The average home health agency has seen a 39% 
     reduction in Medicare revenue since the implementation of the 
     interim payment system; and
       Whereas, Fifty-eight, or 15%, of Illinois home health 
     agencies have closed in the past year; and
       Whereas, Rural home health agencies report revenues at 
     least one-third lower than this same period last year; and
       Whereas, Three-fourths of Illinois Home Care Council 
     freestanding agency members (those not affiliated with a 
     hospital or network) estimate that, unless something changes 
     with the interim payment system, they will be closed within 6 
     months to a year; and
       Whereas, The interim payment system is based on average 
     costs, which creates strong incentives to avoid caring for 
     patients with complex or long-term medical problems, forcing 
     many Illinois home health agencies to choose between staying 
     in business and serving highly complex, high visit volume 
     patients; and
       Whereas, Three prominent public policy research 
     organizations, George Washington University, the Commonwealth 
     Fund, and the Lewin Group, independently concluded that the 
     home health provisions of the Balanced Budget Act of 1997 are 
     causing a crisis in the Medicare home health benefit by: (i) 
     eliminating access to medically necessary home health 
     services for the sickest, most frail Medicare beneficiaries; 
     (ii) rewarding higher cost and penalizing lower cost home 
     health agencies by establishing radically different payment 
     limits that do not reflect current patient mix or efficiency; 
     and (iii) eliminating access to Medicare home health in rural 
     areas; and
       Whereas, The prospective payment system is a system by 
     which home health agencies are paid according to types and 
     numbers of patients actually served which assures a 
     predictable reimbursement rate and schedule, beneficial to 
     both the federal government and home health agencies; 
     therefore, be it
       Resolved, by the Senate of the Ninety-First General 
     Assembly of the State of Illinois, that we urge Congress to 
     hold the Health Care Financing Authority accountable for the 
     timely implementation of a fair prospective payment system; 
     and be it further
       Resolved, That we urge the federal government to rectify 
     some of the damage wrought by the interim payment system by 
     raising the per-beneficiary and per-visit limits, so that 
     agencies can keep serving patients until the prospective 
     payment system is implemented; and be it further
       Resolved, That we urge the federal government to eliminate 
     the additional 15% cut in reimbursements scheduled for 
     October 2000; and be it further
       Resolved,  That we urge Congress to require a 
     representative of the federal government to meet with an 
     Illinois Home Care Council member to discuss the questions 
     and concerns raised by this resolution; and be it further
       Resolved, That suitable copies of this resolution be 
     delivered to the President pro tempore of the U.S. Senate, 
     the Speaker of the House of Representatives, and of the other 
     members of the Illinois Congressional delegation.
                                  ____

       POM-125. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to the regulation of 
     insurance matters by the states; to the Committee on Banking, 
     Housing, and Urban Affairs.

                   House Concurrent Resolution No. 26

       Whereas, In 1994, the Michigan Legislature passed 
     legislation (HB 5281) granting lending institutions the 
     authority to sell all lines of insurance; and
       Whereas, That legislation, which became 1994 PA 409, 
     includes necessary consumer and fair market protections, such 
     as requiring the separation of lending and insurance 
     transactions; prohibitions against offering or discussing 
     insurance while a loan transaction is pending; requiring 
     separate lending and insurance areas; requirements for full 
     written disclosures to customers; and inclusion of strong 
     prohibitions against sharing confidential insurance-related 
     information in bank loan files with bank-affiliated agencies; 
     and
       Whereas, In a joint letter published November 7, 1994, HB 
     5281 was lauded and strongly supported by the Michigan 
     Bankers Association, Michigan Association of Insurance 
     Agents, Michigan League of Savings Institutions, Michigan 
     Association of Life Underwriters, Michigan Chamber of 
     Commerce, Michigan Consumer Federation, Michigan Credit Union 
     League, Small Business Association of Michigan, Michigan 
     Association of Credit Unions, Michigan Retail Hardware 
     Association, Greater Detroit Chamber of Commerce, and 
     National Electrical Contractors Association (Michigan 
     Chapter); and
       Whereas, In 1995, the Rhode Island Legislature resoundingly 
     passed legislation substantially similar to Michigan law, 
     granting lending institutions the authority to sell 
     insurance; and
       Whereas, The Comptroller of the Currency is an appointed, 
     federal bureaucrat who has a track record of promulgating 
     regulations that serve to expand bank insurance powers. These 
     new insurance activities, deemed to be banking issues by the 
     Comptroller, often conflict with established state laws; and
       Whereas, On January 13, 1997, the Office of the Comptroller 
     of the Currency (OCC) issued a request for comments on Rhode 
     Island's Financial Institution Insurance Sales Act to assist 
     in the determination as to whether Section 92 of the Federal 
     Bank Act provided the Comptroller of the Currency sufficient 
     authority to preempt Rhode Island's banks-in-insurance 
     statute; and
       Whereas, The McCarran-Ferguson Act of 1945 relegates 
     authority to the individual states for regulation of the 
     insurance activities of all entities; and
       Whereas, The preemption of state insurance laws by an 
     unelected federal bureaucrat is in direct conflict with the 
     fifty-four-year tradition of state regulation of insurance 
     under McCarran-Ferguson and thereby raises vitally important 
     questions of states' rights and the primacy of duly elected 
     representatives to enact laws governing insurance activities 
     within their state borders; and
       Whereas, In the Eighty-ninth Michigan Legislature, 
     Michigan's Senate Majority and Minority Leaders, Speaker of 
     the House and House Minority Leader, members of the Senate 
     Financial Services Committee, and Majority and Minority 
     Chairs of the House Insurance and Banking Committees all 
     delivered letters to the Comptroller of the Currency 
     forcefully opposing the OCC's desire to preempt Rhode 
     Island's banks-in-insurance statute; and
       Whereas, The National Association of Insurance 
     Commissioners (NAIC); National Conference of State 
     Legislators (NCSL); and the National Conference of Insurance 
     Legislators (NCOIL) all submitted letters strongly opposing 
     the Comptroller of the Currency's desire to preempt state 
     insurance law; and
       Whereas, In past court disputes between federal banking and 
     state insurance regulators, federal courts have granted 
     ``unequal deference'' to federal regulators, thereby 
     rendering decisions based not on the merits of the case, but 
     on deference to the federal regulator; now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That we memorialize the Congress of the United 
     States to enact legislation to affirm the authority of the 
     states to regulate insurance matters, including preventing 
     the Office of the Comptroller of the Currency from preempting 
     state laws regulating the sale of insurance through lending 
     institutions and ending the practice of federal regulators 
     being able to be granted ``unequal deference'' in litigation 
     between state and federal regulations on insurance matters; 
     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-126. A joint resolution adopted by the Legislature of 
     the State of Maine relative to a World War II memorial; to 
     the Committee on Energy and Natural Resources.

 Joint Resolution Memorializing the President of the United States and 
     the United States Congress To Support a World War II Memorial

       We, your Memorialists, the Members of the One Hundred and 
     Nineteenth Legislature of the State of Maine now assembled in 
     the First Regular Session, most respectfully present and 
     petition the President of the United States and the United 
     States Congress, as follows:
       Whereas, in 1987, United States Representative Marcy 
     Kaptur, at the suggestion of World War II veteran Roger 
     Durbin, introduced legislation to establish a memorial to 
     honor all who served in the Armed Forces of the United States 
     during World War II and the entire nation's contribution to 
     the war effort. The legislation failed, but the interest in 
     having a memorial gained patriotic support and subsequent 
     legislation prevailed; and
       Whereas, federal Public Law 103-32 authorizing a World War 
     II Memorial in the District of Columbia or its environs was 
     signed into law on May 25, 1993; and
       Whereas, the Memorial Advisory Board was created to advise 
     the American Battle Monuments Commission in site selection 
     and design and to promote donations to support the memorial 
     construction; and
       Whereas, a memorial design by Freidrich St. Florian at the 
     site of the historic Rainbow Pool on the National Mall was 
     approved; and
       Whereas, former Senator Bob Dole and Frederick W. Smith, 
     CEO, Federal Express, were named as National Co-chairmen of 
     the World War II Memorial Campaign; and
       Whereas, news of the World War II Memorial is currently be 
     spread throughout the

[[Page S5832]]

     country, to every city, town, church, synagogue, mosque, 
     business, civic group, veterans' organization and every other 
     organization that comprises a part of our American culture; 
     now, therefore, be it
       Resolved: That We, your Memorialists, request the President 
     of the United States and the United States Congress to offer 
     support in obtaining the necessary financial resources to 
     help the World War II Memorial take its rightful place in 
     history; and be it further
       Resolved: That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable William J. Clinton, President of the United 
     States; the President of the United States Senate; the 
     Speaker of the House of Representatives of the United States; 
     each Member of the Maine Congressional Delegation; and the 
     American Legion, Department of Maine.
                                  ____

       POM-127. A resolution adopted by the Legislature of the 
     Commonwealth of Guam relative to Federal smuggling 
     interdiction capabilities on Guam; to the Committee on Energy 
     and Natural Resources.

                           Resolution No. 85

       Whereas, Guam in the last year has become a prime target 
     for a human smuggling operation run by the infamous Chinese 
     criminal organization known as the ``Snakeheads''; and
       Whereas, as a result of concerted efforts by organized 
     criminal operations, Guam has been flooded with illegal 
     aliens of this smuggling activity; and
       Whereas, six hundred (600) illegal immigrants have been 
     apprehended and detained at the Guam Department of 
     Corrections correctional facility, including four hundred 
     forty-five (445) illegal immigrants currently in detention, 
     to the expense of Guam taxpayers and to the danger of other 
     inmates in an already overpopulated facility; and
       Whereas, Guam law enforcement officials estimate that more 
     than two hundred (200) other illegal immigrants have gotten 
     through Guam's borders without detection, and are already in 
     the community at-large; and
       Whereas, Guam law enforcement officials estimate that 
     another several thousands illegal immigrants will arrive on 
     Guam in the next few months; and
       Whereas, the humans being smuggled often cannot pay the 
     full price of transportation, estimated at Twenty Thousand 
     Dollars to Thirty Thousand Dollars ($20,000.00-$30,000.00), 
     and the immigrants therefore become basically indentured 
     servants; and
       Whereas, because of Guam's status under United States 
     immigration laws, the efforts of these criminal organizations 
     are rewarded because the illegal immigrants they transport 
     immediately claim asylum under U.S. law, and are often 
     paroled and allowed to walk free; and
       Whereas, the impact of this human smuggling operation on 
     the government of Guam and the local community has been great 
     and is potentially devastating, with costs estimated in the 
     millions, with the mass of illegal immigrants using law 
     enforcement, corrections, hospital, public health and many 
     other local resources, which are already strained by the 
     recent economic slump; and
       Whereas, the illegal immigrants who have likely come into 
     Guam's borders unnoticed, and the illegal immigrants who have 
     been apprehended and then paroled and let free in the 
     community are a serious public health hazard, as more than a 
     few have been diagnosed with tuberculosis and other diseases; 
     and
       Whereas, neither the United States Immigration and 
     Naturalization Service, nor the United States Coast Guard, 
     currently have sufficient resources stationed on Guam to 
     control the influx of illegal immigrants, resulting in an 
     alarming lack of enforcement of the very laws that have 
     created this emergency situation; now therefore, be it
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     (Twenty-Fifth Guam Legislature) does hereby, on behalf of the 
     people of Guam, respectfully request the Federal Government 
     of the United States of America to permanently upgrade the 
     U.S. Coast Guard facility, vessesls and equipment, and 
     properly man these facilities and vessels on Guam to give the 
     Coast Guard the ability to patrol the seas surrounding Guam 
     and detect, intercept and redirect any vessels carrying 
     illegal immigrants; and be it further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the Federal Government of the United States of 
     America to apply Six Dollars ($6.00) of the U.S. Immigration 
     departure fee currently collected from each passenger 
     departing the Guam International Air Terminal, as a funding 
     source to support the intent of this resolution; and be it 
     further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the President of the United States and his 
     Administration to identify and set a permanent location for 
     the diversion of vessels interdicted in the open sea in a 
     location outside of Guam so that persons shall be repatriated 
     from this alternate location; and be it further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the Federal Government of the United States of 
     America to reimburse the government of Guam for all expenses 
     associated with this illegal immigrant operation; and be it 
     further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the Congress of the United States of America to pass 
     legislation as soon as possible that would cause Guam to 
     cease to be an area where asylum can be granted under U.S. 
     law; and be it further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the United States Congress to pass legislation, if 
     simply removing Guam as an area where asylum can be granted 
     would bring the potential for any litigation, to remove Guam 
     from the Immigration and Nationality Act, from U.S. 
     Immigration and Naturalization Service jurisdiction and from 
     the immigration laws of the United States of America; and be 
     it further
       Resolved, that I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the Guam Delegate to the United States House of 
     Representatives to fully support this Resolution in Congress; 
     and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attests to, the adoption hereof and that copies of 
     the same be thereafter transmitted to the President of the 
     United States; to the President of the United States Senate; 
     to the Speaker of the United States House of Representatives; 
     to the Secretary of the United States Department of Justice; 
     to the Guam Congressional Delegate; and to the Honorable Carl 
     T. C. Gutierrez, I MinaBente Guahan (Governor of Guam).
                                  ____

       POM-128. A resolution adopted by the Board of Directors of 
     the Puerto Rico Bar Association relative to the death 
     penalty; to the Committee on Energy and Natural Resources.
                                  ____

       POM-129. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to the ``Millennium of 
     Peace''; to the Committee on Foreign Relations.

                  House Concurrent Resolution No. 208

       Whereas, the goal of the coming millennium is to encourage 
     each person on Earth in dedicating the third millennium as 
     the ``Millennium of Peace;'' and
       Whereas, the multi-ethnic and multi-cultural population of 
     Hawaii sets an encouraging example for international 
     understanding as all nations and peoples strive to live 
     together in peace and harmony; and
       Whereas, the spirit of Aloha is the gift of the Hawaiian 
     people to the world and the profound meaning it has for all 
     of the children on Earth with its message of love; and
       Whereas, the President of the United States has admonished 
     the citizens and communities of America to develop and 
     implement millennium projects and celebrations; and
       Whereas, the United Nations has dedicated the year 2000 as 
     the Year of World Peace; now, therefore,
       Be It Resolved by the House of Representatives of the 
     Twentieth Legislature of the State of Hawaii, Regular Session 
     of 1999, the Senate concurring, that the Legislature joins in 
     and encourages all citizens and governments of the Earth to 
     join with the people of Hawaii in the spirit of Aloha to 
     dedicate the celebrations of the third millennium to peace 
     and understanding as ``The Millennium of Peace'' for all of 
     Earth's children; and
       Be It Further Resolved that certified copies of this 
     Concurrent Resolution be transmitted to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     members of Hawaii's Congressional Delegation, the Governor of 
     the State of Hawaii, and the United States Ambassador to the 
     United Nations.
                                  ____

       POM-130. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to the restoration of redress 
     funds to compensate individuals of Japanese ancestry; to the 
     Committee on Appropriations.

                  Senate Concurrent Resolution No. 45

       Whereas, during World War II, the United States forcibly 
     removed and interned over 120,000 United States citizens and 
     legal permanent residents of Japanese ancestry from their 
     homes and relocated them to government internment camps; and
       Whereas, in addition, the United States arranged the 
     deportation of over 2,264 men, women, and children of 
     Japanese ancestry from thirteen Latin American countries to 
     the United States to be interned and used in prisoner of war 
     exchanges with Japan; and
       Whereas, in 1988, the United States Congress passed, and 
     President Reagan signed, the Civil Liberties Act of 1988 (the 
     Act), which acknowledged the fundamental injustice of that 
     evacuation, relocation, and internment, and to apologize on 
     behalf of the people of the United States for the wrongs done 
     to United States citizens and legal permanent residents of 
     Japanese ancestry; and
       Whereas, that Act further sought to make restitution to 
     those individuals of Japanese ancestry who were interned by 
     authorizing a $20,000 redress payment to each citizen and 
     legal permanent resident of Japanese ancestry who was 
     deprived of liberty or property as a result of government 
     action; and
       Whereas, the Act directed the United States Treasury to 
     distribute these payments, to which Congress appropriated

[[Page S5833]]

     $1,650,000,000 between October 1990 and October 1993; and
       Whereas, in a subsequent settlement of a class action suit, 
     the United States agreed to send a letter of apology and to 
     pay a $5,000 redress payment from the same fund to each 
     formerly interned Japanese Latin American; and
       Whereas, to fulfill its educational purpose of informing 
     the public about the internment so as to prevent the 
     recurrence of similar events, the Act also created the Civil 
     Liberties Public Education Fund to make disbursements for 
     research and educational activities up to a total of 
     $50,000,000; and
       Whereas, Congress specified in the Act that the principal 
     of $1,650,000,000 was to be invested in government 
     obligations and earn interest at an annual rate of at least 
     five per cent; and
       Whereas, in 1998, a Japanese Peruvian former internee and 
     the National Coalition for Redress/Reparations filed a class 
     action suit alleging that the Treasury Department breached 
     its fiduciary duty by failing to invest the funds mandated by 
     Congress, and seeking to recover the lost interest which is 
     estimated to be between $50,000,000 and $200,000,000; and
       Whereas, while the reparations fund has made payments to 
     approximately eighty-two thousand claimants, there will not 
     be sufficient money in the trust fund established by Congress 
     to pay all of the remaining claims by Japanese Americans and 
     Japanese Latin Americans or to meet the goal of $50,000,000 
     in educational grants; and
       Whereas, a United States Justice Department official has 
     apparently acknowledged that the funds were not invested as 
     originally mandated by Congress, and that the $1,650,000,000 
     has all been spent, although claims are still pending; and
       Whereas, the Legislature finds that while nothing can 
     replace the loss of civil liberties suffered by those who 
     were forced to evacuate their homes and relocate to 
     internment camps on the basis of their ancestry, a formal 
     apology and token redress payment to these individuals of 
     Japanese ancestry is the least that can be done to compensate 
     them for the loss of their rights; now, therefore,
       Be It Resolved by the Senate of the Twentieth Legislature 
     of the State of Hawaii, Regular Session of 1999, the House of 
     Representatives concurring, that the United States government 
     is urged to restore redress funds to pay all outstanding 
     Japanese American and Japanese Latin American redress claims 
     and to fulfill the educational mandate of the Act; and
       Be It Further Resolved that certified copies of this 
     Concurrent Resolution be transmitted to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, 
     Hawaii's congressional delegation, and the Governor of 
     Hawaii.
       POM-131. A concurrent resolution adopted by Legislature of 
     the State of Iowa relative to the Mississippi River; to the 
     Committee on Appropriations.

                     House Concurrent Resolution 23

       Whereas, barges operating on United States inland waterways 
     are the dominant carriers of United States grains to export 
     port facilities; and
       Whereas, the majority of this barge grain traffic traverses 
     the Mississippi River system; and
       Whereas, the Upper Mississippi River is the dominate 
     originator of grain barge traffic for export; and
       Whereas, 95 percent of the world's population live outside 
     the United States; and
       Whereas, economies and populations continue to grow 
     worldwide and these agricultural export markets are essential 
     to the economic future of the Upper Midwest including Iowa; 
     and
       Whereas, international markets are very competitive and 
     opportunities can be gained or lost based on very small 
     differences in price; and
       Whereas, the United States Army Corps of Engineers projects 
     Upper Mississippi River barge traffic to increase 
     dramatically; and
       Whereas, increased barge traffic will continue to place a 
     burden on the river transportation system which is more than 
     50 years old; and
       Whereas, the original design specifications for the locks 
     and dams have been surpassed by modern barge technology 
     resulting in delays because tows must be broken down to move 
     through the locks; and
       Whereas, delays are projected to rise as high as several 
     million dollars per year; and
       Be It Further Resolved, That the Congress is urged to 
     provide adequate funding for major rehabilitation efforts on 
     the Upper Mississippi River; and
       Be It Further Resolved, That copies of this Resolution be 
     sent by the Chief Clerk of the House of Representatives to 
     the President of the United States; the Chief of Engineers, 
     United States Army Corps of Engineers, North Central 
     Division; the United States Secretary of Transportation; the 
     President of the United States Senate; the Speaker of the 
     United States House of Representatives; and the members of 
     Iowa's congressional delegation.
       We, Brent Siegrist, Speaker of the House and Mary Kramer, 
     President of the Senate; Elizabeth A. Isaacson, Chief Clerk 
     of the House, and Michael E. Marshall, Secretary of the 
     Senate, hereby certify that the above and foregoing 
     Resolution was adopted by the House of Representatives and 
     the Senate of the Seventy-eighth General Assembly.
       POM-132. A resolution adopted by the Senate of the General 
     Assembly of Commonwealth of Pennsylvania relative to moneys 
     earmarked for abandoned mine land reclamation; to the 
     Committee on Appropriations.

                        Senate Resolution No. 33

       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, Pennsylvania is not seeking to rely solely on 
     Federal moneys to address its abandoned mine reclamation 
     needs and has undertaken a comprehensive program designed to 
     maximize reclamation opportunities by increasing community 
     involvement, making better use of existing resources, 
     encouraging private and public participation in reclamation 
     activities and reducing the cost of abandoned mine 
     reclamation projects; 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-133. A concurrent resolution adopted by the Legislature 
     of the Commonwealth of Puerto Rico relative to military 
     activities in the municipality of Vieques and surrounding 
     waters; to the Committee on Armed Services.

                      Concurrent Resolution No. 45


                          statement of purpose

       In the course of the last one hundred years, the People of 
     Puerto Rico have shown their loyalty to the democratic values 
     of liberty, equality and respect for human rights consecrated 
     by and set forth in the Constitution of the United States of 
     America. The People of Puerto Rico have responded 
     affirmatively and participated in all of the armed conflicts 
     in which our Nation has been forced to take part, from World 
     War I to the Persian Gulf War. In these conflicts, over two 
     thousand (2,000) Puerto Rican fellowmen and women have made 
     the ultimate sacrifice, giving their lives in defense of the 
     ideals of justice, liberty and the principles of democracy. 
     Furthermore, other thousands of other Puerto Ricans have been 
     wounded while participating in these conflicts.
       The Preamble of the Constitution of the United States of 
     America provides that it was ordained to ``[...] establish 
     justice, insure domestic tranquility, provide for the common 
     defense, promote the general welfare and secure the blessings 
     of liberty to ourselves and our posterity.'' However, despite 
     the fact that the United States Constitution was established 
     to promote for the general welfare and insure domestic 
     tranquility, the people of the island municipality of Vieques 
     have suffered the direct consequences of military practices, 
     including air, land and naval activities for the last thirty 
     (30) years. Ever since the administration of Governor Roberto 
     Sanchez-Vilella from 1965 to 1969, the Department of Defense 
     has been made aware of the grave problems and ominous 
     consequences to the quality of life, tranquility and the 
     pursuit of happiness of the United States citizens who reside 
     in

[[Page S5834]]

     the island municipality of Vieques. The Legislature of Puerto 
     Rico believes that the time has come to ensure the people of 
     Vieques the full enjoyment of their unalienable rights to 
     life, liberty and the pursuit of happiness while ensuring 
     common defense of all United States citizens. The People of 
     Puerto Rico are grateful for, appreciate and value the 
     contribution of the armed forces of the United States of 
     America to our collective security, and recognize the vital 
     strategic importance, for our collective defense, of the Navy 
     bases located in Ceiba and Vieques. Nevertheless, and in 
     light of our modern world realities, we request that the 
     courageous men and women of the Navy ensure that the people 
     of Vieques, who have sacrificed so much throughout the years 
     for our national security, achieve full enjoyment of their 
     fundamental rights by ceasing their military exercises and 
     bombing with live ammunition in the territory and surrounding 
     waters of the island municipality of Vieques.
       In the case of Alberto Lozada-Colon vs. U.S. Department of 
     State, docket number 98-5179, filed in the U.S. Court of 
     Appeals for the District of Columbia, the counsels for the 
     U.S. Department of State and the U.S. Department of Justice 
     have argued before the court that the provisions for the 
     organization of a constitutional government in Puerto Rico 
     and the political status adopted as of 1952, in now way 
     altered the political relationship with the United States of 
     America, and that the Island of Puerto Rico continues to be a 
     territory, subject to the plenary powers of the U.S. 
     Congress. Despite this evident colonial status, we are United 
     States citizens and we have the right to enjoy the protection 
     and guarantees that are provided by our U.S. Constitution. 
     Because of this, the U.S. citizens residing in the island of 
     Vieques are covered and protected by the same basic rights as 
     the citizens of any of the fifty (50) states of the American 
     Nation. Upon examining the history of military activity in 
     Vieques, we have to conclude that these have dramatically 
     affected the lives of its people. The constant bombing and 
     other military practices using live ammunition have affected 
     the physical and emotional health of the residents of 
     Vieques.
       In the light of these considerations, the Legislature of 
     Puerto Rico believes that it is imperative that the United 
     States Navy cease using live ammunition in its firing and 
     bombing military practices in Vieques. Once again, we 
     reaffirm the need for the residents of Vieques to live in an 
     environment of tranquility and to enjoy the happiness that 
     all Americans aspire; be it
       Resolved by the Legislative Assembly of Puerto Rico: 
       Section 1.--To request that the President, the Congress and 
     the Navy of the United States of America, on behalf and in 
     representation of the People of Puerto Rico, immediately 
     respond to the plea of our people to cease using live 
     ammunition in firing and bombing military practices in the 
     island municipality of Vieques and its surrounding waters.
       Section 2.--To request that the President, the Congress, 
     and the Navy of the United States of America, once the firing 
     and bombing military practices mentioned in Section 1 have 
     ceased, deactivate and remove all undetonated explosive 
     artifacts used during its firing and bombing military 
     practices which might reasonably constitute a risk to the 
     inhabitants of Vieques.
       Section 3.--This Concurrent Resolution shall be remitted to 
     the Honorable William Jefferson Clinton. President of the 
     United States of America; the Congress of the United States 
     of America, the Vice President of the United States of 
     America, the Chairman of the Joint Chiefs of Staff, the 
     Secretary of the Department of Defense, and the Secretary of 
     the Navy of the United States of America.
       Section 4.--This Concurrent Resolution shall take effect 
     immediately after its approval.

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