[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[Senate]
[Pages S9218-S9223]
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 on July 22, 
1999:

       POM-260. A resolution adopted by the Legislature of the 
     State of Alaska relative to tobacco settlement funds; to the 
     Committee on Finance.

                       Legislative Resolve No. 5

       Whereas the State of Alaska, taking all of the risks 
     inherent in litigation, brought suit against major cigarette 
     and smokeless tobacco manufacturers based on state antitrust 
     and consumer protection claims solely to collect the state's 
     smoking-related expenditures; and
       Whereas none of the claims asserted by the state were based 
     on a Medicaid recoupment statute or included the assertion of 
     claims based on federal law for the federal government's 
     tobacco-related medical expenditures; and
       Whereas the State of Alaska entered into a settlement 
     agreement in state court based on state antitrust and 
     consumer protection law claims with cigarette and smokeless 
     tobacco companies for $669,000,000 on November 23, 1998; and
       Whereas the federal government, through the Health Care 
     Finance Administration, has asserted that it is entitled to a 
     significant share of the state settlement on the basis that 
     it represents the federal share of Medicaid costs; and
       Whereas the federal government declined to bring its own 
     action to assert a claim for the federal money it spent for 
     the treatment of smoking-related illnesses in Alaska and 
     provided no assistance to the state during the litigation or 
     during settlement negotiations; and

[[Page S9219]]

       Whereas the federal government asserts that it is 
     authorized and obligated, under Social Security Act, to 
     collect its share of any settlement funds attributed to 
     Medicaid; and
       Whereas the state tobacco lawsuit was brought for violation 
     of state law under state law theories and the state lawsuit 
     did not make any federal claims; and
       Whereas the state bore all the risk and expense in the 
     litigation brought in state court and settled without any 
     assistance from the federal government; and
       Whereas the state is entitled to all of the funds 
     negotiated in the tobacco settlement agreement without any 
     federal claim; now, therefore, be it
       Resolved, That the Twenty-First Alaska State Legislature 
     respectfully requests the Congress to enact and the President 
     to sign legislation to prohibit any federal claim against 
     money obtained by settlement of state tobacco litigation; and 
     be it further
       Resolved, That the Twenty-First Alaska State Legislature 
     respectfully urges the President of the United States to 
     direct the Health Care Finance Administration to refrain from 
     taking steps to pursue recoupment of dollars.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     President of the U.S. Senate; the Honorable Donna E. Shalala, 
     Secretary of the U.S. Department of Health and Human 
     Services; the Honorable Trent Lott, Majority Leader of the 
     U.S. Senate; the Honorable J. Dennis Hastert, Speaker of the 
     U.S. House of Representatives; the Honorable Kay Bailey 
     Hutchison, U.S. Senator from Texas; and to the Honorable Ted 
     Stevens and the Honorable Frank Murkowski, U.S. Senators, and 
     the Honorable Don Young, U.S. Representative, members of the 
     Alaska delegation in Congress.
                                  ____

       POM-261. A resolution adopted by the House of the 
     Legislature of the State of Illinois relative to tobacco 
     settlement funds; to the Committee on Finance.

                        House Resolution No. 139

       Whereas, The November 23, 1998 tobacco settlement and prior 
     settlements in four states call for the distribution of 
     settlement funds to states over the next 25 years; we must 
     act quickly to ensure that the settlement funds actually 
     reach the states; and
       Whereas, Receipt of half or more of these funds is in doubt 
     because of the federal government's attempt to recoup state 
     settlement money as Medicaid overpayments; and
       Whereas, There is a bi-partisan congressional coalition led 
     by Texas Senator Kay Bailey Hutchison, Florida Senator Robert 
     Graham, Washington Senator Slade Gorton, Indiana Senator Evan 
     Bayh, Ohio Senator George Voinovich, and Florida Congressman 
     Michael Bilirakis that is advocating legislation to negate 
     the recoupment claim; and
       Whereas, States initiated the suits that ultimately led to 
     the settlements; and
       Whereas, The States assumed all risks; and
       Whereas, The States used their resources to challenge the 
     tobacco industry; and
       Whereas, The federal government played no role in the suits 
     nor in the settlements; the November 23 accord makes no 
     mention of Medicaid or federal recoupment; and
       Whereas, Our State is making initial fiscal determinations 
     regarding the most responsible allocation of these settlement 
     funds; and
       Whereas, We cannot and should not be threatened with the 
     seizure of these funds by the federal government; Now, 
     therefore, be it
       Resolved, by the House of Representatives of the ninety-
     first General Assembly of the State of Illinois, That we call 
     on the United States Congress and urge its members to support 
     United States House Resolution 351; and be it further
       Resolved, That a suitable copy of this resolution be 
     delivered to the Illinois Congressional delegation, the 
     Speaker of the U.S. House of Representatives, the Majority 
     Leader of the U.S. Senate, the Vice President of the United 
     States, and the President of the United States.
       Adopted by the House of Representatives on May 5, 1999.
                                  ____

       POM-262. A resolution adopted by the Legislature of the 
     State of Alaska relative to the marriage penalty; to the 
     Committee on Finance.

                       Legislative Resolve No. 16

       Whereas the federal government is anticipating a budget 
     surplus of $1.6 trillion over the next 10 years; and
       Whereas the Congress is considering various options for 
     returning some of that surplus to hardworking taxpayers; and
       Whereas, under current law, 21,000,000 married couples pay 
     approximately $1,400 more a year in taxes than they would if 
     they were single; and
       Whereas the institution of marriage should be supported and 
     not penalized by the federal government; Now, therefore, be 
     it
       Resolved by the Alaska State Legislature, That the Congress 
     of the United States is urged to pass legislation to remove 
     from the Internal Revenue Code of 1986 the current 
     discrimination against married individuals in all instances 
     of such discrimination; and be it further
       Resolved, That the income tax rate paid by a married couple 
     be no higher and the standard deduction no lower than that of 
     two single individuals.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     President of the U.S. Senate; the Honorable Robert E. Rubin, 
     Secretary of the U.S. Treasury; the Honorable J. Dennis 
     Hastert, Speaker of the U.S. House of Representatives; the 
     Honorable Trent Lott, Majority Leader of the U.S. Senate; the 
     Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. 
     Senators, and the Honorable Don Young, U.S. Representative, 
     members of the Alaska delegation in Congress; and to all 
     other members of the U.S. Senate and the U.S. House of 
     Representatives serving in the 106th Congress.
                                  ____

       POM-263. A resolution adopted by the Legislature of the 
     State of Alaska relative to the federal estate and gift 
     taxes; to the Committee on Finance.

                       Legislative Resolve No. 15

       Whereas our form of government is premised on the right to 
     enjoy the fruit of one's labor, to own one's own possessions, 
     and to pass on one's bounty to one's heirs; and
       Whereas, when a person works for a lifetime to build 
     assets, saving and investing money, building a business, or 
     buying and developing land, that person has a moral right to 
     pass those assets on to the person's family without being 
     penalized with inheritance taxes; and
       Whereas there is a fundamental problem of double taxation 
     when a decedent's survivors are forced to pay an inheritance 
     tax on assets acquired by the decedent with after-tax 
     dollars; and
       Whereas we need a tax system that encourages lifelong 
     saving and enterprise and that rewards, rather than punishes, 
     the traditional family; and
       Whereas we need a government that rewards ``blood, sweat, 
     and tears'' by abolishing the estate and gift taxes 
     completely; and
       Whereas repealing the federal estate and gift taxes is not 
     an issue of politics and wealth but a matter of principle; 
     now, therefore, be it
       Resolved, That the Alaska State Legislature respectfully 
     requests the United States Congress to enact H.R. 86 and 
     repeal subtitle B of the Internal Revenue Code of 1986, 
     relating to the federal estate, gift taxes, and generation-
     skipping transfer.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     President of the U.S. Senate; the Honorable Trent Lott, 
     Majority Leader of the U.S. Senate; the Honorable J. Dennis 
     Hastert, Speaker of the U.S. House of Representatives; the 
     Honorable Christopher Cox, U.S. Representative from 
     California, primary sponsor of H.R. 86; and to the Honorable 
     Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, 
     and the Honorable Don Young, U.S. Representative, members of 
     the Alaska delegation in Congress.
                                  ____

       POM-264. A resolution adopted by the Legislature of the 
     State of Alaska relative to the proposed ``American Land 
     Sovereignty Act''; to the Committee on Energy and Natural 
     Resources.

                       Legislative Resolve No. 13

       Whereas the United Nations has designated 67 sites in the 
     United States as ``World Heritage Sites'' or ``Biosphere 
     Reserves,'' which altogether are about equal in size to the 
     State of Colorado, the eighth largest state; and
       Whereas art. IV, sec. 3, United States Constitution, 
     provides that the United States Congress shall make all 
     needed regulations governing lands belonging to the United 
     States; and
       Whereas many of the United Nations' designations include 
     private property inholdings and contemplate ``buffer zones'' 
     of adjacent land; and
       Whereas some international land designations such as those 
     under the United States Biosphere Reserve Program and the Man 
     and Biosphere Program of the United Nations Scientific, 
     Educational, and Culture Organization operate under 
     independent national committees such as the United States 
     National Man and Biosphere Committee that have no legislative 
     directives or authorization from the Congress; and
       Whereas these international designations as presently 
     handled are an open invitation to the international community 
     to interfere in domestic economies and land use decisions; 
     and
       Whereas local citizens and public officials concerned about 
     job creation and resource based economies usually have no say 
     in the designation of land near their homes for inclusion in 
     an international land use program; and
       Whereas former Assistant Secretary of the Interior George 
     T. Frampton, Jr., and the President used the fact that 
     Yellowstone National Park had been designated as a ``World 
     Heritage Site'' as justification for intervening in the 
     environmental impact statement process and blocking possible 
     development of an underground mine on private land in Montana 
     outside of the park; and
       Whereas a recent designation of a portion of Kamchatka as a 
     ``World Heritage Site'' was followed immediately by efforts 
     from environmental groups to block investment insurance for 
     development projects on Kamchatka that are supported by the 
     local communities; and
       Whereas environmental groups and the National Park Service 
     have been working to establish an International Park, a World 
     Heritage Site, and a Marine Biosphere Reserve

[[Page S9220]]

     covering parts of western Alaska, eastern Russia, and the 
     Bering Sea; and
       Whereas, as occurred in Montana, such designations could be 
     used to block development projects on state and private land 
     in western Alaska; and
       Whereas foreign companies and countries could use such 
     international designations in western Alaska to block 
     economic development that they perceive as competition; and
       Whereas animal rights activists could use such 
     international designations to generate pressure to harass or 
     block harvesting of marine mammals by Alaska Natives; and
       Whereas such international designations could be used to 
     harass or block any commercial activity, including pipelines, 
     railroads, and power transmission lines; and
       Whereas the President and the executive branch of the 
     United States have, by Executive Order and other agreements, 
     implemented these designations without approval by the 
     Congress; and
       Whereas the United States Department of Interior, in 
     cooperation with the Federal Interagency panel for World 
     Heritage, has identified the Aleutian Island Unit of the 
     Alaska Maritime National Wildlife Refuge, Arctic National 
     Wildlife Refuge, Cape Krusenstern National Monument, Denali 
     National Park, Gates of the Arctic National Park, and Katmai 
     National Park as likely to meet the criteria for future 
     nominations as World Heritage Sites; and
       Whereas the Alaska State legislature objects to the 
     nomination or designation of any World Heritage Sites or 
     Biosphere Reserves in Alaska without the specific consent of 
     the Alaska State Legislature; and
       Whereas actions by the President in applying international 
     agreements to lands owned by the United States may circumvent 
     the Congress; and
       Whereas Congressman Don Young introduced House Resolution 
     No. 901 in the 105th Congress entitled the ``American Land 
     Sovereignty Protection Act of 1997'' that required the 
     explicit approval of the Congress prior to restricting any 
     use of the United States land under international agreements; 
     and
       Whereas Congress Don Young has reintroduced this 
     legislation in the 106th Congress as House Resolution No. 
     883, which is entitled the ``American Land Sovereignty 
     Protection Act''; Now, therefore, be it
       Resolved, That the Alaska State Legislature supports House 
     Resolution 883, the ``American Land Sovereignty Protection 
     Act,'' that reaffirms the constitutional authority of the 
     Congress as the elected representatives of the people over 
     the federally owned land of the United States and urges the 
     swift introduction and passage of such act by the 106th 
     Congress; and be it further
       Resolved, That the Alaska State Legislature objects to the 
     nomination or designation of any sites in Alaska as World 
     Heritage Sites or Biosphere Reserves without the prior 
     consent of the Alaska State Legislature.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; Honorable Al 
     Gore, Jr., Vice-President of the United States and President 
     of the U.S. Senate; the Honorable Trent Lott, Majority Leader 
     of the U.S. Senate; the Honorable J. Dennis Hastert, Speaker 
     of the U.S. House of Representatives; and to the Honorable 
     Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, 
     and the Honorable Don Young, U.S. Representative, members of 
     the Alaska delegation in Congress.
                                  ____

       POM-265. A resolution adopted by the Legislature of Guam 
     relative to the election of the Attorney General of Guam; to 
     the Committee on Energy and Natural Resources.

                           Resolution No. 126

       Whereas, in 1998 Guam's delegate to the U.S. Congress 
     introduced, and the Congress passed into law, an amendment to 
     the Organic Act of Guam that allows for the election of the 
     Attorney General of Guam in the next gubernatorial general 
     election, which is scheduled for the year 2002; and
       Whereas, I Mina Bente Singko Na Liheslaturan Guahan 
     subsequently passed, and I Magalahen Guahan signed into law, 
     Public Law Number 25-44, which mandates an elected Attorney 
     General starting with the election allowed by the newly 
     amended Organic Act of Guam; and
       Whereas, three and a half (3\1/2\) years seems like an 
     inordinately long period of time to postpone what should be 
     the right of the people of Guam; Now therefore, be it
       Resolved, That I MinaBente Sigko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request that Guam's Delegate to the U.S. Congress introduce 
     legislation that would further amend the Organic Act of Guam 
     to allow for the first election of the Attorney General of 
     Guam to be held in the General Election in the year 2000; 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 
     U.S. Senate; to the Speaker of the U.S. House of 
     Representatives; to Guam's Delegate to the U.S. Congress; and 
     to the Honorable Carl T.C. Gutierrez, I Magalahen Guahan.
                                  ____

       POM-266. A resolution adopted by the Legislature of the 
     State of Alaska relative to evaluation and selection criteria 
     for military base realignment and closure; to the Committee 
     on Armed Services.

                       Legislative Resolve No. 4

       Whereas the Secretary of the United States Department of 
     Defense has called for the reestablishment of a Base 
     Realignment and Closure (BRAC) Commission to conduct two new 
     rounds of military base closures beginning in 2001; and
       Whereas, under the process established for the BRAC 
     Commissions in 1991, 1993, and 1995, each of the armed 
     services developed categories for its own bases and evaluated 
     and ranked each of its bases within those categories by 
     applying criteria established by the United States Department 
     of Defense and the Congress; and
       Whereas these single-service evaluations severely 
     restricted the opportunity to consider the effect of a base's 
     closure on the operational readiness of the United States 
     Department of Defense's total force; and
       Whereas the shortcomings of this single-service approach 
     were recognized by the BRAC Commission that recommended that 
     the United States Department of Defense develop procedures 
     for considering potential joint or common activities among 
     the services in several training and support areas; and
       Whereas this recommendation led to the creation in 1994 of 
     Joint Cross-Service Groups that worked with the services in 
     the five functional areas of depot maintenance, military 
     medical treatment facilities, test and evaluation, 
     undergraduate pilot training, and laboratories, in 
     preparation for the 1995 BRAC round; and
       Whereas the strategic challenges now facing the United 
     States as we enter the new century may require an even 
     greater emphasis on creating and fielding a fully integrated 
     total force capable of projecting our nation's military power 
     around the world from bases with our country's borders; and
       Whereas this military force structure should be supported 
     by a military base structure that is focused on strategic 
     mobility, joint operations, and joint training considerations 
     in addition to individual service considerations; Now, 
     therefore, be it
       Resolved, That the Alaska State Legislature respectfully 
     requests the President of the United States, the United 
     States Congress, and the Secretary of the United States 
     Department of Defense to establish new Joint Cross-Service 
     Groups this year to study issues of power projection and 
     deployment, joint training, joint operations, and other total 
     force considerations; and be it further
       Resolved by the Alaska State Legislature, That these Joint 
     Cross-Service Groups then be directed to develop new 
     evaluation and selection criteria and procedures based on 
     their findings to be incorporated into any future base 
     realignment and closure proceedings to ensure that total 
     force and power projection factors are major military value 
     considerations in base structure decisions.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     President of the U.S. Senate; the Honorable Strom Thurmond, 
     President Pro Tem of the U.S. Senate; the Honorable J. Dennis 
     Hastert, Speaker of the U.S. House of Representatives; the 
     Honorable William S. Cohen, Secretary of the U.S. Department 
     of Defense; and to the Honorable Ted Stevens and the 
     Honorable Frank Murkowski, U.S. Senators, and the Honorable 
     Don Young, U.S. Representative, members of the Alaska 
     delegation in Congress.
                                  ____

       POM-267. A resolution adopted by the Legislature of the 
     State of Alaska relative to a recent article published by the 
     American Psychological Association; to the Committee on 
     Health, Education, Labor, and Pensions.

                       Legislative Resolve No. 18

       Whereas children are a precious gift and responsibility; 
     and
       Whereas the spiritual, physical, and mental well-being of 
     children is our sacred duty; and
       Whereas no segment of our society is more critical to the 
     future of human survival and society than our children; and
       Whereas it is the obligation of all public policymakers not 
     only to support but also to defend the health and rights of 
     parents, families, and children; and
       Whereas information endangering to children is being made 
     public and, in some instances, may be given unwarranted or 
     unintended credibility through release under professional 
     titles or through professional organizations; and
       Whereas elected officials have a duty to inform and counter 
     actions they consider damaging to children, parents, 
     families, and society; and
       Whereas Alaska has made sexual molestation of a child a 
     felony and has declared parents who sexually molest their 
     children to be unfit; and
       Whereas virtually all studies in this area, including those 
     published by the American Psychological Association, condemn 
     child sexual abuse as criminal and harmful to children; and
       Whereas the American Psychological Association has recently 
     published, but did not endorse, a study that suggests that 
     sexual relationships between adults and willing children are 
     less harmful than believed and might even be positive for 
     ``willing'' children; now, therefore, be it
       Resolved, That the Alaska State Legislature condemns and 
     denounces all suggestions in the recently published study by 
     the American Psychological Association that indicates sexual 
     relationships between adults

[[Page S9221]]

     and willing children are less harmful than believed and might 
     even be positive for ``willing'' children; and be it further
       Resolved, That the Alaska State Legislature urges the 
     United States Congress and the President of the United States 
     to likewise reject and condemn, in the strongest honorable 
     written and vocal terms possible, any suggestion that sexual 
     relations between children and adults are anything but 
     abusive, destructive, exploitive, reprehensible, and 
     punishable by law; and be it further
       Resolved, That the Alaska State Legislature encourages 
     competent investigations to continue to research the effects 
     of child sexual abuse using the best methodology so that the 
     public and public policymakers may act upon accurate 
     information.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     President of the U.S. Senate; the Honorable Trent Lott, 
     Majority Leader of the U.S. Senate; the Honorable J. Dennis 
     Hastert, Speaker of the U.S. House of Representatives; the 
     Honorable David Satcher, M.D. Ph.D., Surgeon General of the 
     United States; and to the Honorable Ed Stevens and the 
     Honorable Frank Murkowski, U.S. Senators, and the Honorable 
     Don Young, U.S. Representative, members of the Alaska 
     delegation in Congress.
                                  ____

       POM-268. A resolution adopted by the Legislature of the 
     State of Alaska relative to the Amchitka nuclear tests; to 
     the Committee on the Judiciary.

                       Legislative Resolve No. 19

       Whereas the largest underground nuclear bomb tests ever 
     conducted by the government of the United States were 
     conducted as part of the Amchitka nuclear bomb test program; 
     and
       Whereas many Alaska workers who worked at the Amchitka 
     Island, Alaska, nuclear bomb test program have reported what 
     appears to be an inordinately high rate of radiation-related 
     diseases, including various kinds of cancer; and
       Whereas the workers have been unable for years to obtain 
     information on the tests in which they were involved in order 
     to prove their entitlement to compensation for their medical 
     needs because the United States Department of Energy has 
     advised them that the information is classified; and
       Whereas the Amchitka Technical Advisory Group has 
     unanimously requested a medical surveillance program of 
     Amchitka workers; and
       Whereas some of the information necessary for workers to 
     establish their entitlement to medical benefits and other 
     compensation has been released, but more information 
     apparently remains classified; Now, therefore be it
       Resolved, That the Alaska State Legislature requests the 
     Congress of the United States to fund a medical surveillance 
     program to cover the health concerns of the Amchitka workers; 
     and be it further
       Resolved, That the United States Department of Energy and 
     the department's subcontractors are requested to 
     expeditiously resolve the pending worker compensation claims 
     and litigation filed by injured workers from Amchitka and the 
     surviving family members of deceased workers at Amchitka; and 
     be it further
       Resolved, That the Congress of the United States amend the 
     Radiation Exposure Compensation Act of 1990 to include 
     Amchitka Island, Alaska, within its coverage.
       Copies of this resolution shall be sent to the Honorable Al 
     Gore, Jr., Vice-President of the United States and President 
     of the U.S. Senate; the Honorable Trent Lott, Majority Leader 
     of the U.S. Senate; the Honorable J. Dennis Hastert, Speaker 
     of the U.S. House of Representatives; the Honorable Bill 
     Richardson, Secretary of the U.S. Department of Energy; and 
     to the Honorable Ted Stevens and the Honorable Frank 
     Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 
     Representative, members of the Alaska delegation in Congress.
                                  ____

       POM-269. A resolution adopted by the Legislature of the 
     State of Alaska relative to oil and gas exploration, 
     development, and production in the Arctic National Wildlife 
     Refuge; to the Committee on Energy and Natural Resources.

                       Legislation Resolve No. 8

       Whereas, in sec. 1002 of the Alaska National Interest Lands 
     Conservation Act (ANILCA), the United States Congress 
     reserved the right to permit further oil and gas exploration, 
     development, and production within the coastal plain of the 
     Arctic National Wildlife Refuge, Alaska; and
       Whereas the oil industry, the state, and the United States 
     Department of the Interior consider the coastal plain to have 
     the highest potential for discovery of very large oil and gas 
     accumulations on the continent of North America, estimated to 
     be as much as 10,000,000,000 barrels of recoverable oil; and
       Whereas the residents of the North Slope Borough, within 
     which the coastal plain is located, are supportive of 
     development in the ``1002 study area''; and
       Whereas oil and gas exploration and development of the 
     coastal plain of the refuge and adjacent land could result in 
     major discoveries that would reduce our nation's future 
     need for imported oil, help balance the nation's trade 
     deficit, and significantly increase the nation's security; 
     and
       Whereas domestic demand for oil continues to rise while 
     domestic crude production continues to fall with the result 
     that the United States imports additional oil from foreign 
     sources; and
       Whereas development of oil at Prudhoe Bay, Kuparuk, 
     Endicott, Lisburne, and Milne Point has resulted in thousands 
     of jobs throughout the United States, and projected job 
     creation as a result of coastal plain oil development will 
     have a positive effect in all 50 states; and
       Whereas Prudhoe Bay production is declining by 
     approximately 10 percent a year; and
       Whereas, while new oil field developments on the North 
     Slope of Alaska, such as Alpine, Badami, and West Sak, may 
     slow or temporarily stop the decline in production, only 
     giant coastal plain fields have the theoretical capability of 
     increasing the production volume of Alaska oil to a 
     significant degree; and
       Whereas opening the coastal plain of the Arctic National 
     Wildlife Refuge now allows sufficient time for planning 
     environmental safeguards, development, and national security 
     review; and
       Whereas the oil and gas industry and related state 
     employment have been severely affected by reduced oil and gas 
     activity, and the reduction in industry investment and 
     employment has broad implications for the state's work force 
     and the entire state economy; and
       Whereas the 1,500,000-acre coastal plain of the refuge 
     comprises only eight percent of the 19,000,000-acre refuge, 
     and the development of the oil and gas reserves in the 
     refuge's coastal plain would affect an area of only 2,000 to 
     7,000 acres, which is less than one-half of one percent of 
     the area of the coastal plain; and
       Whereas 8,000,000 of the 19,000,000 acres of the refuge 
     have already be set aside as wilderness; and
       Whereas the oil industry has shown at Prudhoe Bay, as well 
     as at other locations along the Arctic coastal plain, that it 
     can safely conduct oil and gas activity without adversely 
     affecting the environment or wildlife populations; and
       Whereas the state will ensure the continued health and 
     productivity of the Porcupine Caribou herd and the protection 
     of land, water, and wildlife resources during the exploration 
     and development of the coastal plain of the Arctic National 
     Wildlife Refuge, Alaska; and
       Whereas the oil industry is using innovative technology and 
     environmental practices in the new field developments at 
     Alpine and Northstar, and those techniques are directly 
     applicable to operating on the coastal plain and would 
     enhance environmental protection beyond traditionally high 
     standards; Now, therefore be it
       Resolved by the Alaska State Legislature, That the Congress 
     of the United States is urged to pass legislation to open the 
     coastal plain of the Arctic National Wildlife Refuge, Alaska, 
     to oil and gas exploration, development, and production, and 
     that the Alaska State Legislature is adamantly opposed to 
     further wilderness or other restrictive designation in the 
     area of the coastal plain of the Arctic National Wildlife 
     Refuge, Alaska; and be it further
       Resolved, That that activity be conducted in a manner that 
     protects the environment and uses the state's work force to 
     the maximum extent possible.
       Copies of this resolution shall be sent to the Honorable 
     Bill Clinton, President of the United States; the Honorable 
     Al Gore, Jr., Vice-President of the United States and 
     president of the U.S. Senate; the Honorable Bruce Babbitt, 
     Secretary of the Interior; the Honorable Dennis Hastert, 
     Speaker of the U.S. House of Representatives; the Honorable 
     Trent Lott, Majority Leader of the U.S. Senate; to the 
     Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. 
     Senators, and the Honorable Don Young, U.S. Representative, 
     members of the Alaska delegation in Congress; and to all 
     other members of the U.S. Senate and the U.S. House of 
     Representatives serving in the 106th United States Congress.

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated on July 26, 
1999:

       POM-270. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to oxygenate additives 
     for gasoline; to the Committee on Environment and Public 
     Works.

                        House Joint Resolution 9

       Whereas, the federal Clean Air Act has required that 
     oxygenates be added to gasoline for the purpose of reducing 
     air pollution and, in particular, ground-level ozone and 
     carbon monoxide; and
       Whereas, automobile improvements over the last several 
     years have considerably reduced the benefits of oxygenates 
     for controlling carbon monoxide emissions by eliminating much 
     of the carbon monoxide which would be emitted in the absence 
     of oxygenates; and
       Whereas, automobile improvements over the last several 
     years have likewise considerably reduced the benefits of 
     oxygenates for controlling hydrocarbon emissions; and
       Whereas, substantial evidence has been developed over the 
     last few years that, in much of the country, the formation of 
     ground-level ozone is not significantly dependent upon 
     amounts of hydrocarbon emissions; and
       Whereas, questions have been raised as to whether one 
     oxygenate in common use,

[[Page S9222]]

     methyl t-butyl ether (MTBE), is degrading water quality to an 
     extent that more than offsets its limited and decreasing 
     benefits for air pollution control; and
       Whereas, the threat that MTBE poses to the water resources 
     of New Hampshire could be lessened in the short term by 
     substituting conventional gasoline, which contains a much 
     lower concentration of MTBE, for reformulated gasoline in the 
     4 southern counties (Hillsborough, Merrimack, Rockingham, and 
     Strafford) required by federal regulation to use reformulated 
     gasoline; and
       Whereas, such gasoline substitution is not possible in New 
     Hampshire without the Environmental Protection Agency 
     granting the state a waiver to do so; now, therefore, be it
       Resolved by the senate and house of representatives in 
     general court convened:
       That Congress should eliminate the oxygenate requirements 
     of the federal Clean Air Act without imposing any new federal 
     requirements to reduce air pollution; and
       That the Environmental Protection Agency should 
     expeditiously grant New Hampshire the short-term waivers 
     necessary to permit the substitution of conventional gasoline 
     for reformulated gasoline, without requiring substitute air 
     emission reduction strategies as part of the state's air 
     pollution implementation plan; and
       That such gasoline substitution should be allowed prior to 
     the completion of the ongoing, long-term comparative risk 
     studies that will eventually identify the relative health and 
     environmental costs and benefits of using gasoline 
     formulations that have reduced MTBE levels; and
       That when a better understanding has been reached of the 
     comparative risks of different gasoline formulations, the 
     Environmental Protection Agency should utilize incentive-
     based programs, rather than command-and-control measures, to 
     further reduce MTBE levels in gasoline, provided that such 
     reduction is consistent with the comparative risk analyses; 
     and
       That copies of this resolution be sent by the house clerk 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, the chairpersons of committees of the 
     United States Congress having jurisdiction over the Clean Air 
     Act, the Administrator of the United States Environmental 
     Protection Agency, and each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-271. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to federal air pollution 
     programs, to the Committee on Environment and Public Works.

                        House Joint Resolution 2

       Whereas, the federal Clean Air Act has in the past 
     allocated pollution allowances, which are items of commercial 
     value, to pollution sources based on emissions existing on 
     arbitrary baseline dates, where higher emissions equated to 
     being granted more allowances; and
       Whereas, such a policy has rewarded dirtier operators by 
     allocating to them more allowances than their cleaner 
     competitors, and further, has unfairly served to punish 
     operators who have happened to install expensive air 
     pollution controls shortly before the baseline dates; and
       Whereas, these past actions have made it more difficult to 
     encourage polluters to reduce emissions prior to regulatory 
     deadlines; now, therefore, be it
       Resolved by the senate and house of representatives in 
     General Court convened:
       That future federal air pollution legislation should avoid 
     using baseline pollution as a basis for allocation of 
     allowances or other items of commercial value, or any future 
     reduction requirements; and
       That to the extent that the federal government chooses to 
     continue to use baseline emissions to determine allowance 
     allocation and future reduction requirements, either to 
     individual polluters or to states, that it choose a baseline 
     date far enough in the past in order that recently-improved 
     sources are not placed at a competitive disadvantage against 
     dirtier competitors that have not made such investments and 
     have smaller capital and operating costs as a result; and
       That such care with baselines be used not only for sulfur 
     dioxide and nitrogen oxide emissions, but also for any other 
     emissions which the federal government may subsequently 
     choose to control with allowance-based mechanisms; and
       That copies of this resolution be sent by the house clerk 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, the chairpersons of committees of the 
     United States Congress having jurisdiction over the Clean Air 
     Act, the Administrator of the United States Environmental 
     Protection Agency, and each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-272. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to border corridor 
     highways; to the Committee on Environment and Public Works.

                     House Concurrent Resolution 4

       Whereas, recent authorization of the Transportation Equity 
     Act of the 21st Century, (TEA-21), provides funding for the 
     coordinated planning, design, and construction of corridors 
     of national significance, economic growth, and international 
     or interregional trade during federal fiscal years 1999-2003 
     under Sections 1118 and 1119; and
       Whereas, allocations of funding may be made to 
     transportation corridors identified in Section 1150(c) of 
     TEA-21's predecessor, ISTEA and to other designated border 
     transportation corridors using specified considerations; and
       Whereas, the Coordinated Border Infrastructure Program has 
     been established to improve the safe and efficient movement 
     of people and goods at or across the United States/Canadian 
     and United States/Mexican borders; and
       Whereas, U.S. Route 2 traverses laterally through the 
     northernmost parts of Maine, New Hampshire, and Vermont, 
     originating in Bangor, Maine and continuing through New 
     Hampshire to Alburg, Vermont on the shores of Lake Champlain; 
     and directly providing key connectivity to the Canadian 
     provinces of New Brunswick and Quebec at Maine and Vermont as 
     a de facto East-West Highway Connector; and
       Whereas, U.S. Route 2 also serves as a major gateway and 
     longitudinal connector for northern New England to the rest 
     of the nation through its connectivity with Interstate 
     Highways I-89, I-91, and I-93 in Vermont, and I-95 in Maine, 
     and enjoys a tri-state designation as a primary east-west 
     corridor by the states of Maine, New Hampshire, and Vermont; 
     and
       Whereas, the future economic viability of northern New 
     England through its trading and tourism relationship with 
     Quebec and the Maritime Provinces is contingent upon the 
     upgrade and maintenance of the U.S. Route 2 transportation 
     corridor link; now, therefore, be it
       Resolved by the house of representatives, the senate 
     concurring:
       That the United States Secretary of Transportation 
     expeditiously authorize the inclusion of U.S. Route 2 through 
     the states of Maine, New Hampshire, and Vermont as a 
     designated border corridor highway under the auspices of 
     Sections 1118 and 1119 of the Transportation Equity Act of 
     the 21st Century; and
       That copies of this resolution, signed by the speaker of 
     the house and the president of the senate, be forwarded by 
     the house clerk to the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     the Secretary of Transportation, and the congressional 
     delegations of New Hampshire, Vermont, and Maine.
                                  ____

       POM-273. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to the Individuals 
     with Disabilities Education Act; to the Committee on 
     Appropriations.

                     House Concurrent Resolution 6

       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 governments 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 house of representatives, the senate 
     concurring:
       That the New Hampshire general court 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 house 
     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-274. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to Nuclear 
     Decommissioning Reserve Funds; to the Committee on Finance.

                     House Concurrent Resolution 11

       Whereas, proper decommissioning of nuclear power plants 
     serves important public health and safety goals; and
       Whereas, existing federal tax provisions recognize the 
     importance of adequately funding decommissioning costs by 
     providing incentives for establishing and adequately funding 
     Nuclear Decommissioning Reserve Funds; and

[[Page S9223]]

       Whereas, section 468A of the Internal Revenue Code permits 
     taxpayers with qualifying interests in nuclear power plants 
     to deduct contributions to Nuclear Decommissioning Reserve 
     Funds; and
       Whereas, the income of Nuclear Decommissioning Reserve 
     Funds is taxed at a fixed 20 percent rate rather than at the 
     normal corporate tax rate; and
       Whereas, the amount that taxpayers with qualifying 
     interests may contribute to Nuclear Decommissioning Reserve 
     Funds is limited to a portion of the total nuclear 
     decommissioning costs which is based on the estimated useful 
     life of the nuclear power plant; and
       Whereas, electric utility restructuring by the states may 
     encourage or require actions by taxpayers with qualifying 
     interests that deviate from the decommissioning funding 
     formula in federal tax laws, including: prefunding of 
     decommissioning obligations as a condition of the sale of the 
     qualifying interest; the discontinuation of including 
     decommissioning funding in cost of service rates, which will 
     be replaced by competitive market-based rates; and reliance 
     on non-bypassable transition charges to retail customers of a 
     former nuclear power plant owner, such as stranded cost or 
     wires charges, to recover future decommissioning 
     contributions; and
       Whereas, states may require that nuclear decommissioning 
     funding be completed in a period shorter than the estimated 
     useful life of the nuclear power plant, and some portion of 
     these state-mandated contributions may be ineligible for 
     deposit in a Nuclear Decommissioning Reserve Fund; and
       Whereas, there should be no federal tax disincentive to 
     fund as promptly as possible the expenditures required for 
     the safe decommissioning of nuclear power plants; and
       Whereas, compliance with state electric utility 
     restructuring requirements and the transition to a 
     competitive electric market may force nuclear power plant 
     owners into decommissioning funding obligations with adverse 
     federal tax consequences under current law; and
       Whereas, these adverse federal tax consequences will 
     ultimately cause higher rates for retail electricity 
     customers; now, therefore, be it
       Resolved by the house of representatives, the senate 
     concurring:
       That the general court of New Hampshire hereby urges the 
     United States Congress and the Internal Revenue Service to 
     make changes to the Internal Revenue Code and federal tax 
     regulations necessary to broaden the ability of taxpayers to 
     make tax-deductible contributions to Nuclear Decommissioning 
     Reserve Funds and to permit all contributions toward future 
     decommissioning expenses to receive beneficial tax treatment; 
     and
       That copies of this resolution, signed by the speaker of 
     the house of representatives and the president of the senate, 
     be forwarded by the house clerk 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 each member of the New Hampshire Congressional delegation, 
     and to the Commissioner of Internal Revenue.
                                  ____

       POM-275. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to health care choices 
     for senior citizens; to the Committee on Finance.

                     House Concurrent Resolution 9

       Whereas, all senior citizens in New Hampshire deserve 
     access to all Medicare options to ensure greater health care 
     choice; therefore, be it
       Resolved by the house of representatives, the senate 
     concurring:
       That the general court of New Hampshire hereby urges the 
     federal government to review Medicare policies and procedures 
     to ensure that New Hampshire senior citizens retain all 
     Medicare options. Specifically, the federal government should 
     evaluate the Medicare environment in New Hampshire to ensure 
     that:
       (a) Existing policies and procedures provide for citizens 
     to have a choice of Medicare options;
       (b) Medicare reimbursement rates for physicians, hospitals, 
     and home health care providers are sufficient to allow for 
     access to needed care statewide and greater product choice in 
     rural areas of the state;
       (c) Medicare premium rates for New Hampshire managed care 
     products be set at a level that allows attractive benefit 
     coverage to citizens;
       (d) Applications for Medicare insurance product 
     introduction or expansions in New Hampshire receive high 
     priority status by the federal government; and
       (e) Congress reviews the impact of the ``Balanced Budget 
     Act'' of 1997 on the ability of Medicare health maintenance 
     organizations and home health care providers to continue to 
     operate in New Hampshire; and
       That a copy of this resolution be forwarded by the house 
     clerk to the President of the United States, the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, and to each member of the New 
     Hampshire delegation.
                                  ____

       POM-276. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to tobacco settlement 
     funds; to the Committee on Finance.

                     House Concurrent Resolution 12

       Whereas, on November 23, 1998, representatives from 46 
     states signed a settlement agreement with the 5 largest 
     tobacco manufacturers; and
       Whereas, the Attorneys General Master Tobacco Settlement 
     Agreement culminated legal action that began in 1994 when 
     states began filing lawsuits against the tobacco industry; 
     and
       Whereas, the respective states are presently in the process 
     of finalizing the terms of the Master Tobacco Settlement 
     Agreement, and are making initial fiscal determinations 
     relative to the most responsible ways and means to utilize 
     the settlement funds; and
       Whereas, under the terms of the agreement, tobacco 
     manufactures will pay $206 billion over the next 25 years to 
     the respective states in up-front and annual payments; and
       Whereas, New Hampshire is projected to receive 
     $1,304,689,150 through the year 2025 under the terms of the 
     Master Tobacco Settlement; and
       Whereas, because many state lawsuits sought to recover 
     Medicaid funds spent to treat illnesses caused by tobacco 
     use, the Health Care Financing Administration (HCFA) contends 
     that it is authorized and obligated, under the Social 
     Security Act, to collect its share of any tobacco settlement 
     funds attributable to Medicaid; and
       Whereas, the Master Tobacco Settlement Agreement does not 
     address the Medicaid recoupment issue, and thus the Social 
     Security Act must be amended to resolve the recoupment issue 
     in favor of the respective states; and
       Whereas, as we move toward final approval of the Master 
     Tobacco Settlement Agreement, it is imperative that state 
     sovereignty be preserved; now, therefore, be it
       Resolved by the State house of representatives, the senate 
     concurring:
       That the New Hampshire legislature urges the United States 
     Congress to enact legislation amending the Social Security 
     Act to prohibit recoupment by the federal government of state 
     tobacco settlement funds; and
       That it is the sense of the New Hampshire state legislature 
     that the respective state legislatures should have complete 
     autonomy over the appropriation and expenditure of state 
     tobacco settlements funds; and
       That the New Hampshire state legislature most fervently 
     opposes any efforts by the federal government to earmark or 
     impose any other restrictions on the respective states' use 
     of state tobacco settlement funds; and
       That copies of this resolution be transmitted by the house 
     clerk to the President of the United States; the President 
     and the Secretary of the United States Senate; the Speaker 
     and the Clerk of the United States House of Representatives; 
     and to each member of New Hampshire's congressional 
     delegation.

                          ____________________