[Congressional Record Volume 145, Number 110 (Friday, July 30, 1999)]
[Senate]
[Pages S9944-S9945]
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-280. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to state-negotiated compliance 
     actions related to the environment: to the Committee on 
     Environment and Public Works.

                     House Concurrent Resolution 3

       Be it resolved by the Legislature of the state of Utah, the 
     Governor concurring therein:
       Whereas, protection of public health and the environment 
     are among the highest priorities of state governments;
       Whereas, Congress has provided by statute for the 
     delegation of certain federal program responsibilities to the 
     states;
       Whereas, to obtain delegation of federal environmental 
     programs, a state must demonstrate that it has adopted laws, 
     regulations, and policies as stringent as federal laws, 
     regulations, and policies.
       Whereas, over the past 25 years, the states have developed 
     and demonstrated expertise in operation of federal 
     environmental program enabling states to obtain and maintain 
     the delegations;
       Whereas, the state of Utah, Colorado, Montana, Wyoming, 
     North Dakota, and South Dakota constitute an area designated 
     by the Environmental Protection Agency (EPA) as Region VIII;
       Whereas, the states in Region VIII make compliance with 
     environmental laws, rules, and permits the highest priority;
       Whereas, the state of Utah has full delegation in all 
     federal environmental programs;
       Whereas, the EPA and the states have bilaterally developed 
     over the past 25 years policy agreements which reflect roles 
     and which recognize that the primary responsibility for 
     enforcement and compliance resides with the states, with the 
     EPA taking enforcement action principally when the state 
     requests assistance or is unwilling or unable to take timely 
     and appropriate enforcement action;
       Whereas, inconsistent with these policy agreements, the EPA 
     has conducted direct federal inspections within programs 
     delegated to states, has taken direct enforcement actions, 
     has levied fines and penalties against regulated entities in 
     cases where the state previously took appropriate action 
     consistent with the agreements to bring the entities into 
     compliance, and has failed to notify the states in advance of 
     their action;
       Whereas, the EPA had begun to use its enforcement authority 
     in cases where the state had worked with the regulated entity 
     to achieve compliance, and the overfiling by the EPA 
     accomplished no further protection of the public health or 
     environment but only imposed an additional penalty on the 
     regulated entity;
       Whereas, the EPA's current enforcement practices and 
     policies and the resultant detailed oversight and overfiling 
     of state actions substantially weaken the state's ability to 
     take compliance actions and resolve environmental issues;
       Whereas, the EPA's enforcement practices and policies have 
     had an adverse impact on working relationships between the 
     EPA and states;
       Whereas, the EPA's reliance on the threat of enforcement 
     action to force compliance may not result in environmental 
     protection, but rather may result in delay and litigation, 
     cripple incentives for technological innovation and provoke 
     animosity between government, industry, and the public; and
       Whereas, the Western Governor's Association has adopted 
     ``Principles of Environmental Protection in the West,'' which 
     encourages collaboration not polarization, advocates the 
     replacement of command and control with economic incentives 
     and rewarding results and encourages the weighing of costs 
     against benefits in environmental decisions:
       Now, therefore, be it Resolved, That the Legislature of the 
     state of Utah, the Governor concurring therein, requests the 
     EPA to refrain from overfiling or threatening to overfile on 
     state-negotiated compliance actions if the actions achieve 
     compliance with applicable state and federal law and are 
     protective of health and the environment.
       Be it further Resolved, That the Legislature and the 
     Government request that the EPA, in taking enforcement and 
     compliance actions, recognize and defer to individual state 
     and local priorities that are important for the protection of 
     the environment.
       Be it further Resolved, That the EPA should work with and 
     assist states in evaluating the overall effectiveness of 
     state compliance programs and not focus on the detail of 
     individual actions.
       Be it further Resolved, That the Legislature and the 
     Governor request the Congress of the United States to 
     investigate EPA enforcement activities and require the EPA to 
     defer to state enforcement and compliance actions in 
     delegated states where the actions achieve compliance and are 
     protective of health and the environment.
       Be it further Resolved, That copies of this resolution be 
     sent to the President of the United States Senate, the 
     Speaker of the United States House of Representatives, each 
     member of the Utah congressional delegation, the 
     Administrator of the U.S. Environmental Protection Agency, 
     the Assistant Administrator of the U.S. EPA Office of 
     Enforcement and Compliance, the Regional Administrator of the 
     U.S. EPA Region VIII, the National Governor's Association, 
     the National Council of State Legislators, the Council of 
     State Governments, the Western Governor's Association, and 
     the Environmental Council of the States.
                                  ____

       POM-281. A joint resolution adopted by the Legislature of 
     the State of Utah relative to Taiwan's participation in the 
     World Health Organization; to the Committee on Foreign 
     Relations.

                       House Joint Resolution 12

       Be it resolved by the Legislature of the state of Utah:
       Whereas, good health is a basic right for every citizen of 
     the world and access to the highest standards of health 
     information and services is necessary to help guarantee this 
     right;
       Whereas, direct and unobstructed participation in 
     international health cooperation forms and programs is 
     therefore crucial, especially with today's greater potential 
     for the cross-border spread of various infectious diseases 
     through increased trade and travel;
       Whereas, the World Health Organization set forth in the 
     first chapter of its charter the objective of attaining the 
     highest possible level of health for all people;
       Whereas, in 1977 the World Health Organization established 
     ``Health for all by the year 2000'' as its overriding 
     priority and reaffirmed that central vision with the 
     initiation of its ``Health for All'' renewal process in 1995;
       Whereas, Taiwan's population of 21 million people is larger 
     than that of \3/4\ of the member states already in the World 
     Health Organization and shares the noble goals of the 
     organization;
       Whereas, Taiwan's achievements in the field of health are 
     substantial, including one of the highest life expectancy 
     levels in Asia, maternal and infant mortality rates 
     comparable to those of western countries, the eradication of 
     such infectious diseases as cholera, smallpox, and the 
     plague, the first country in the world to provide children 
     with free hepatitis B vaccinations;
       Whereas, prior to 1972 and its loss of membership in the 
     World Health Organization, Taiwan sent specialists to serve 
     in other member countries on countless health projects and 
     its health experts held key positions in the organization, 
     all to the benefit of the entire Pacific region;
       Whereas, Taiwan is not allowed to participate in may World 
     Health Organization-organized forums and workshops concerning 
     the latest technologies in the diagnosis, monitoring, and 
     control of diseases;
       Whereas, in recent years both the Taiwanese Government and 
     individual Taiwanese experts have expressed a willingness to 
     assist financially or technically in World Health 
     Organization-supported international aid and health 
     activities, but have ultimately been unable to render such 
     assistance;
       Whereas, according to the constitutions of the World Health 
     Organization, Taiwan does not fulfill the criteria for 
     membership;
       Whereas, the World Health Organization does not allow 
     observers to participate in the activities of the 
     organization; and
       Whereas, in light of all of the benefits that such 
     participation could bring to the state of health not only in 
     Taiwan, but also regionally and globally:
       Now, therefore, be it Resolved, That the Legislature of the 
     state of Utah urge the Clinton Administration to support 
     Taiwan and its 21 million people in obtaining appropriate and 
     meaningful participation in the World Health Organization.
       Be it further Resolved, That United States policy should 
     include the pursuit of some initiative in the World Health 
     Organization which will give Taiwan meaningful participation 
     in a manner that is consistent with such organization's 
     requirements.
       Be it further Resolved, That a copy of this resolution be 
     sent to the President of the United States, the United States 
     Secretary of State, the Secretary of Health and Human 
     Services, the Speaker of the United States House of 
     Representatives, the members of Utah's congressional 
     delegation, the Government of Taiwan, and the World Health 
     Organization.
                                  ____

       POM-282. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to imported 
     apple juice concentrate; to the Committee on Finance.

                          House Resolution 51

       Whereas. The production of apple juice concentrate is an 
     important component of Michigan's agricultural bounty. 
     Michigan, which is traditionally the third largest apple-
     growing state, is the nation's top apple-processing state. 
     This record of consistency has been achieved in the face of 
     many uncertain times in farming, including wild swings in our 
     Midwestern weather; and

[[Page S9945]]

       Whereas, In recent years, however, our apple growers and 
     processors have come to face even more serious threats from 
     foreign sources of apple juice concentrate selling their 
     products in this country at artificially low costs. From an 
     average imported price of apple juice concentrate of $10 per 
     gallon in 1995, the price has fallen by fifty percent. This 
     is far below the break-even point for American growers. 
     Coupled with the erosion of export opportunities due to the 
     troubled economies in the Asian markets, Michigan apple 
     growers and those in other states face severe threats to 
     their livelihood; and
       Whereas, The opening up of markets that has taken place in 
     the past few years has brought many benefits. However, there 
     can be situations in which the removal of restrictions on 
     trade offers the chance for abuses. When a country, for 
     whatever purpose, encourages certain activities by helping a 
     specific industry gain an unfair advantage through below-cost 
     prices, steps need to be taken to ensure the viability of 
     American economic and social interests. The United States 
     Department of Agriculture has taken steps to assist certain 
     American farmers on a number of occasions. The possibility of 
     apple juice concentrate being ``dumped'' on the American 
     market is a situation that demands immediate attention and 
     thorough study; now, therefore, be it
       Resolved by the house of representatives, That we 
     memorialize the Congress of the United States to investigate 
     the issue of apple juice concentrate from other countries 
     being sold in the American market at prices below cost; 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-283. 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 Mast 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 
     manufacturers 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.
                                  ____

       POM-284. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to imported apple juice 
     concentrate; to the Committee on Agriculture, Nutrition, and 
     Forestry.

                     House Concurrent Resolution 27

       Whereas, The production of apple juice concentrate is an 
     important component of Michigan's agricultural bounty. 
     Michigan, which is traditionally the third largest apple-
     growing state, is the nation's top apple-processing state. 
     This record of consistency has been achieved in the face of 
     many uncertain times in farming, including wild swings in our 
     Midwestern weather; and
       Whereas, In recent years, however, our apple growers and 
     processors have come to face even more serious threats from 
     foreign sources of apple juice concentrate selling their 
     products in this country at artificially low costs. From an 
     average imported price of apple juice concentrate of $10 per 
     gallon in 1995, the price has fallen by fifty percent. This 
     is far below the break-even point for American growers. 
     Coupled with the erosion of export opportunities due to the 
     troubled economies in the Asian markets, Michigan apple 
     growers and those in other states face severe threats to 
     their livelihood; and
       Whereas, The opening up of markets that has taken place in 
     the past few years has brought many benefits. However, there 
     can be situations in which the removal of restrictions on 
     trade offers the chance for abuses. When a country, for 
     whatever purpose, encourages certain activities by helping a 
     specific industry gain an unfair advantage through below-cost 
     prices, steps need to be taken to ensure the viability of 
     American economic and social interests. The United States 
     Department of Agriculture has taken steps to assist certain 
     American farmers on a number of occasions. The possibility of 
     apple juice concentrate being ``dumped'' on the American 
     market is a situation that demands immediate attention and 
     thorough study; now, therefore be it
       Resolved by the house of representatives (the senate 
     concurring), That we memorialize the Congress of the United 
     States to investigate the issue of apple juice concentrate 
     from other countries being sold in the American market at 
     prices below cost, and to strengthen laws to identify the 
     country of origin for all products using concentrate and to 
     ensure that imported concentrate meets United States 
     standards; 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-285. A joint resolution adopted by the Legislature of 
     the State of Utah relative to federal courts levying or 
     increasing taxes; to the Committee on the Judiciary.

                        House Joint Resolution 5

       Be it resolved by the Legislature of the state of Utah:
       Whereas, separation of powers between the legislative, 
     executive, and judicial branches of government is a 
     fundamental principle upon which the United States 
     Constitution is based;
       Whereas, actions of one branch of government that encroach 
     upon the duty and authority of another branch erode the 
     Constitution's checks and balances against abuse of power by 
     any branch;
       Whereas, the United States Supreme Court has asserted that 
     federal judges have the power under the United States 
     Constitution to levy or increase taxes;
       Whereas, this determination places the judicial branch of 
     government in direct competition with state legislatures and 
     limits the fiscal resources available to legislators to serve 
     their constituents' needs;
       Whereas, it also gives the federal judiciary a virtual 
     veto-proof spending power over political choices and spending 
     priorities of democratically elected state legislatures;
       Whereas, federal courts continue to violate the United 
     States Constitution by ordering states to levy or increase 
     taxes to comply with federal mandates;
       Whereas, a proposed amendment to the United States 
     Constitution to prohibit the judiciary's encroachment reads: 
     ``Neither the Supreme Court nor any inferior court of the 
     United States shall have the power to instruct or order a 
     state or political subdivision thereof, or an official of 
     such state or political subdivision, to levy or increase 
     taxes''; and
       Whereas, encroachments by one branch of government upon the 
     authority of another branch must be prevented, by a 
     constitutional amendment if necessary, to preserve the 
     balance of power the founding fathers constructed:
       Now, therefore, be it Resolved, That the Legislature of the 
     state of Utah urge the United States Congress to amend the 
     United States Constitution to prohibit federal courts from 
     levying or increasing taxes.
       Be it further Resolved, That a copy of this resolution be 
     presented to the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     and to the members of Utah's congressional delegation.
                                  ____

       POM-286. A resolution adopted by the City Council of 
     Canton, Ohio relative to the proposed ``Civil Asset 
     Forfeiture Reform Act''; to the Committee on the Judiciary.

                          ____________________