[Congressional Record Volume 146, Number 17 (Wednesday, February 23, 2000)]
[Senate]
[Pages S739-S741]
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-409. A joint resolution adopted by the Legislature of 
     the State of Idaho relative to Federal legislative 
     procedures; to the Committee on Governmental Affairs.

                     Senate Joint Memorial No. 102

       Whereas, the federal administration under President Clinton 
     is continually usurping the powers reserved for the Congress 
     of the United States; and
       Whereas, the Clinton administration is, by administrative 
     decree, making law and thereby bypassing both the advise and 
     consent of the Congress; and
       Whereas, these administrative laws are being thrust upon 
     the citizens of Idaho and such laws are vigorously enforced 
     by administration bureaucrats.
       Now, Therefore, be it resolved by the members of the First 
     Regular Session of the Fifty-fifth Idaho Legislature, the 
     Senate and the House of Representatives concurring therein, 
     That we hereby urgently and earnestly appeal to the Congress 
     of the United States to reclaim its constitutional authority 
     and responsibility to be the law-making body of these United 
     States of America.
       It is further resolved, That we respectfully request the 
     Congress to implement procedures similar to the procedure 
     employed by the state of Idaho which requires all rules 
     proposed by executive agencies to be submitted to the 
     Legislature of the State of Idaho for final approval before 
     such administrative law may become effective.
       Be it further resolved, That we urge the Congress to limit 
     the scope of executive orders by subjecting such orders to 
     congressional approval before they may become effective.
       Be it further resolved, That the Secretary of the Senate 
     be, and she is hereby authorized and directed to forward a 
     copy of this Memorial to the President of the Senate and the 
     Speaker of the House of Representatives of Congress, and to 
     the congressional delegation representing the State of Idaho 
     in the Congress of the United States.
                                  ____

       POM-410. A concurrent resolution adopted by the Legislature 
     of the State of Idaho relative to Constitutional Conventions; 
     to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 129

       Whereas, the Legislature of the State of Idaho, acting with 
     the best of intentions, has, at various times, and during 
     various sessions, previously made applications to the 
     Congress of the United States of America to call one or more 
     conventions to propose either a single amendment concerning a 
     specific subject or to call a general convention to propose 
     an unspecified and unlimited number of amendments to the 
     United States Constitution, pursuant to the provisions of 
     Article V thereof; and
       Whereas, former Justice of the United States of America 
     Warren E. Burger, former Associate Justice of the United 
     States Supreme Court Arthur J. Goldberg and other leading 
     constitutional scholars agree that such a convention may 
     propose sweeping changes to the Constitution, any limitations 
     or restrictions purportedly imposed by the states in applying 
     for such a convention or conventions to the contrary 
     notwithstanding, thereby creating an imminent peril to the 
     well-established rights of the citizens and the duties of 
     various levels of government; and
       Whereas, the Constitution of the United States of America 
     has been amended many times in the history of this nation and 
     may be amended many more times; without the need to resort to 
     a constitutional convention, and has been interpreted for 
     more than two hundred years and has been found to be a sound 
     document which protects the lives and liberties of the 
     citizens; and
       Whereas, there is no need for, rather, there is great 
     danger in, a new Constitution or in opening the Constitution 
     to sweeping changes, the adoption of which would only create 
     legal chaos in this nation and only begin the process of 
     another two centuries of litigation over its meaning and 
     interpretation.
       Now, therefore, be it resolved by the members of the First 
     Regular Session of the Fifty-fifth Idaho Legislature, the 
     Senate and the House of Representatives concurring therein, 
     That the Legislature does hereby repeal, rescind, cancel, 
     nullify, and supersede to the same effect as if they had 
     never been passed, any and all extant applications by the 
     Legislature of the State of Idaho to the Congress of the 
     United States of America to call a convention to propose 
     amendments to the Constitution of the United States of 
     America, pursuant to the terms of Article V thereof, 
     regardless of when or by which session or sessions of the 
     Idaho Legislature such applications were made and regardless 
     of whether such applications were for a limited convention to 
     propose one or more amendments regarding one or more specific 
     subjects and purposes or for a general convention to propose 
     an unlimited

[[Page S740]]

     number of amendments upon an unlimited number of subjects.
       Be it further resolved, That the following resolutions and 
     memorials, be, and the same are hereby specifically repealed, 
     rescinded, canceled, nullified and superseded: S.J.M. 2, 1901 
     Session of the Legislature; S.J.R. 2, 1927 Session of the 
     Legislature; H.C.R. 6, 1957 Session of the Legislature; 
     S.J.M. 9, 1963 Session of the Legislature; H.J.M. 7, 1963 
     Session of the Legislature; S.J.M. 1, 1965 Session of the 
     Legislature; H.C.R. 7, 1979 Session of the Legislature; and 
     S.C.R. 132, 1980 Session of the Legislature.
       Be it further resolved, That the Legislature of the State 
     of Idaho urges the Legislatures of each and every state which 
     has applied to Congress to call a convention for either a 
     general or a limited constitutional convention, to repeal and 
     rescind such applications.
       Be it further resolved, That notwithstanding any other 
     provision of this Resolution, the Legislature hereby 
     reaffirms its request to the Congress of the United States of 
     America that the Congress of the United States propose an 
     amendment to the Constitution of the United States of America 
     requiring, in the absence of a national emergency, that the 
     total of all federal outlays for any fiscal year shall not 
     exceed the total of all federal receipts for that fiscal 
     year, which amendment may also limit the power of Congress to 
     increase federal taxes, and remit it to the several states 
     for ratification.
       Be it further resolved, That the Secretary of the Senate 
     be, and she is hereby authorized and directed to send copies 
     of this Resolution to the Secretary of State of each state in 
     the Union, to the presiding officers of both houses of the 
     Legislatures of each state in the Union, to the President of 
     the United States Senate, to the Speaker of the United States 
     House of Representatives, to the members of the Congress of 
     the United States representing the State and people of Idaho, 
     and the administrator of General Services, Washington, DC.
                                  ____

       POM-411. A resolution adopted by the Board of Chosen 
     Freeholders, County of Ocean, New Jersey relative to ocean 
     dumping off the coast of Sandy Hook, Monmouth County, New 
     Jersey; to the Committee on Environment and Public Works.
       POM-412. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     increases in fuel prices; to the Committee on Energy and 
     Natural Resources.

                        House Resolution No. 352

       Whereas, The price of a barrel of oil is $30, up from just 
     $11 per barrel in December 1998; and
       Whereas, According to the Consumer Price Index, gasoline 
     prices rose by 76.4% in 1999 and by 8.5% in December 1999 
     alone; and
       Whereas, Gasoline pump prices at $1.29 per gallon are at 
     their highest levels in ten years; and
       Whereas, Based on information from the Energy Information 
     Administration, diesel fuel prices in the central Atlantic 
     region averaged more than $1.38 per gallon the week of 
     January 17, 2000, and heating oil prices averaged more than 
     $1.10 per gallon in Pennsylvania for the week ending January 
     17, 2000; and
       Whereas, These record increases in oil prices, in some 
     cases surpassing those existing during the Persian Gulf War, 
     will have a direct, serious and substantial impact on both 
     the Pennsylvania and national economies; and
       Whereas, These oil price hikes will result in potentially 
     devastating economic consequences for innumerable people 
     employed in the transportation industry in Pennsylvania, 
     including, among others, truckers, service station owners, 
     diesel truck stop and fleet center owners, heating oil 
     retailers and the airlines; and
       Whereas, As a result, hundreds of thousands of homeowners 
     will see vast increase in their home heating costs; therefore 
     be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to call upon its investigative arm, the General 
     Accounting Office, to conduct a comprehensive investigation 
     of whether the recent substantial increases in fuel prices 
     are the result of legitimate market fluctuations or, at least 
     in part, the result of collusion on antitrust violations 
     among and between oil companies; and be it further
       Resolved, That the Department of Justice of the United 
     States is urged to immediately commence a comprehensive 
     investigation of whether the recent hike in fuel prices is 
     the result of legitimate market fluctuations or illegal 
     collaboration and anti-trust law violations occurring among 
     and between oil companies; and be it further
       Resolved, That there be an immediate increase in LIHEAP 
     eligibility requirements from 110% of the poverty level to 
     135% of the poverty level and for the Commonwealth to provide 
     for a $50 increase in crisis funding from $250 to $300 per 
     household; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the Secretary of Energy, 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-413. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     the released of funding for the Low-Income Home Energy 
     Assistance Program, release of the United States Strategic 
     petroleum reserves additional oil reserves from non-OPEC, and 
     to negotiate release of additional reserves from non-OPEC 
     countries or negotiate with OPEC on additional supplies; to 
     the Committee on Energy and Natural Resources.

                        House Resolution No. 344

       Whereas, Fuel, in particular diesel fuel, and home heating 
     oil prices have skyrocketed to record highs in the first 
     weeks of 2000, threatening this Commonwealth's citizens' 
     well-being and safety to crisis proportions; and
       Whereas, Retail prices of home heating fuel and diesel fuel 
     in some areas of this Commonwealth have reached $2 per 
     gallon, and level rack prices of diesel fuel are 106% higher 
     than they were in the first week of February 1999; and
       Whereas, The impact of escalating oil prices on an industry 
     that is operating on narrow profit margins is being 
     compounded by driver shortages and other increased costs; and
       Whereas, These increases dramatically affect prices for 
     essential utility and municipal services, and increases in 
     transportation costs threaten jobs and could cause major 
     disruption of vital supplies and other goods and services; 
     and
       Whereas, Home heating oil supplies are extremely tight, 
     particularly in the Mid-Atlantic and the Northeast, and 
     weather forecasts call for continued below-normal 
     temperatures; and
       Whereas, Refineries in Pennsylvania and other states must 
     produce more home heating fuel, which may cause shortages of 
     other oil products such as gasoline, kerosene and undyed 
     diesel fuel, thereby driving up prices accordingly; and
       Whereas, the Organization of the Petroleum Exporting 
     Countries (OPEC) has indicated its desire to extend existing 
     output cuts amounting to over 4 million barrels per day, 
     resulting in nearly triple prices in less than one year, 
     devastation to world economic growth and inflation; and
       Whereas, According to the International Energy Agency, 
     global oil supplies could be as much as 3 million barrels per 
     day below demand in the first quarter of 2000, and as much as 
     1.5 million barrels per day below requirements in the second 
     quarter; and
       Whereas, A mid-January snowstorm, which occurred in the 
     northeast region of the United States, triggered even faster 
     price increases in Pennsylvania, resulting in United States 
     light crude oil selling just 4 cents below the $30 per barrel 
     mark; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President of the United 
     States and the Secretary of Energy to take immediate action 
     to release emergency funding to the State for the Low Income 
     Home Energy Assistance Program (LIHEAP) and to release the 
     United States strategic petroleum reserves, negotiate release 
     of additional oil reserves from non-OPEC countries or 
     negotiate with OPEC on additional supplies; and be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the Secretary of Energy, the 
     presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-414. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to federally 
     funded research using stem cells harvested from human 
     embryos; to the Committee on Health, Education, Labor, and 
     Pensions.

                       Senate Resolution No. 119

       Whereas, At the start of December 1999, the National 
     Institutes of Health (NIH) published proposed guidelines for 
     federally funded research projects using stem cells harvested 
     from human embryos. The NIH is seeking public comment on the 
     guidelines; and
       Whereas, In 1996, Congress prohibited federally funded 
     research in which human embryos are harmed or destroyed; and
       Whereas, Michigan is a state with a long legal and ethical 
     tradition of respecting life from its earliest stages. 
     Michigan law prohibits any research that destroys human 
     embryos. Michigan has also taken the strong step of becoming 
     the only state to prohibit cloning to create human embryos 
     for research. The proposed NIH guidelines would provide for 
     actions that violate our state law and are criminal activity; 
     and
       Whereas, Standards of medical ethics historically have 
     rejected justifying research in the name of medical progress 
     when the research requires harming or destroying innocent 
     human life; and
       Whereas, Numerous avenues for developing new medical 
     treatments from stem cells that do not require the 
     destruction of human embryos hold great clinical promise; 
     now, therefore, be it
       Resolved by the Senate, That we strongly oppose the 
     proposed guidelines of the National Institutes of Health on 
     federally funded research using stem cells destructively 
     harvested from human embryos and call on the NIH to withdraw 
     the guidelines and redraft them to comply with federal law 
     prohibiting NIH involvement in research involving the 
     destruction of human embryos; and be it further
        Resolved, That we urge the NIH to direct funding of stem 
     cell research to projects that do not use stem cells 
     destructively harvested from human embryos; and be it further
        Resolved, That copies of this resolution be transmitted to 
     the National Institutes of

[[Page S741]]

     Health, the Secretary of the United States Department of 
     Health and Human Services, the President of the United States 
     Senate, the Speaker of the House of Representatives, the 
     members of the Michigan congressional delegation, and the 
     President of the United States.
                                  ____

       POM-415. A resolution adopted by the House of the General 
     Assembly of the State of Indiana relative to reauthorization 
     of the Ryan White CARE Act; to the Committee on Health, 
     Education, Labor, and Pensions.

                        House Resolution No. 14

       Whereas, In Indiana as of January 1, 2000, more than 10,000 
     cases of the expanding epidemic known as AIDS--Acquired 
     Immune Deficiency Syndrome--have been reported;
       Whereas, The state of Indiana created a division of HIV/STD 
     within the state department of health to proactively address 
     issues relating to HIV/AIDS and which now directly 
     administers the expenditure of federal and state funds to 
     combat the disease;
       Whereas, Due to advancements in pharmaceutical therapies 
     and an increasing focus on early intervention and treatment, 
     the number of individuals living with HIV has grown 
     significantly;
       Whereas, For many, the progression from HIV to an AIDS 
     diagnosis has slowed considerably as a result of these 
     therapies;
       Whereas, It is estimated that more than 6,000 residents of 
     Indiana are currently living with HIV;
       Whereas, It is estimated that an additional 1,300, or 21 
     percent, of Hoosiers with HIV are unaware of their condition, 
     and hundreds more have been diagnosed with HIV but remain 
     untreated;
       Whereas, It is estimated by the Centers for Disease Control 
     and Prevention that there are 40,000 new HIV infections in 
     the United States each year;
       Whereas, HIV/AIDS in Indiana disproportionately impacts 
     communities of color, gay and bisexual men, women, and 
     economically depressed and other underserved communities;
       Whereas, In 1999, the rate of HIV disease among whites was 
     7 per 100,000, while the rate among Hispanics was 19.3 per 
     100,000, and the rate among African-Americans was 44 per 
     100,000;
       Whereas, In 1999, the rate of HIV disease among white males 
     was 13 per 1000,000, while the rate among Hispanic males was 
     29.9 per 100,000, and the rate among African-American males 
     was 59.8 per 100,000;
       Whereas, In 1999, the rate of HIV disease among white 
     females was 1.3 per 100,000 while the rate among Hispanic 
     females was 8.4 per 100,000, and the rate among African-
     American females was 29.8 per 100,000;
       Whereas, The rate among African-American females more than 
     doubled compared to the rate among white females from 1998 to 
     1999;
       Whereas, As many as 16 percent of new HIV infections occur 
     in people under age 25; one in eight HIV infections occurs in 
     people under age 22;
       Whereas, Young adults ages 20-29 represent 20 percent of 
     reported AIDS cases but represent 38 percent of newer cases 
     of HIV infection;
       Whereas, Increasingly, some individuals have a dual 
     diagnosis: these individuals have been diagnosed with HIV and 
     have also been diagnosed with substances abuse or mental 
     illness, or both;
       Whereas, Substance abuse is a factor in well over 50 
     percent of HIV infections in some United States cities;
       Whereas, Indiana looks to the federal government to assist 
     the state in meeting the expanding health care and social 
     service needs of people living with HIV;
       Whereas, The Ryan White Comprehensive AIDS Resources 
     Emergency (CARE) Act was first adopted by Congress in 1990;
       Whereas, The Ryan White CARE Act expires September 30, 
     2000;
       Whereas, Since its inception, the Ryan White CARE Act has 
     ensured the delivery of vital medical care, treatment, and 
     essential support services to thousands of Hoosiers, 
     including medical examinations, laboratory procedures and 
     evaluations, pharmaceuticals, dental care, case management, 
     transportation, housing, legal assistance, benefits education 
     and assistance, treatment education and adherence, and mental 
     health counseling;
       Whereas, In more recent years, the state has developed the 
     Health Insurance Assistance Program (HIAP) using a portion of 
     Ryan White CARE Act dollars to purchase comprehensive health 
     insurance policies for hundreds of Hoosiers through the 
     Indiana Comprehensive Health Insurance Association (ICHIA), 
     Indiana's high risk insurance pool, at roughly one-half of 
     the cost of providing medical and pharmaceutical services 
     under the state's Early Intervention Program (EIP) and AIDS 
     Drug Assistance Program (ADAP);
       Whereas, Under federal law, the Ryan White CARE Act is 
     designated as the provider of last resort; therefore, it is 
     recognized as the critical safety net program for low income, 
     uninsured or underinsured individuals;
       Whereas, The federal budget for fiscal year 2000 contains 
     increased funding for the Ryan White CARE Act and Indiana is 
     expected to receive $7,813,713 beginning April 1, 2000;
       Whereas, Funding under Title II of the Ray White CARE Act 
     pays for care, treatment, and social services, over 80 
     percent of which are for life extending and life saving 
     pharmaceuticals under the state's AIDS Drug Assistance 
     Program (ADAP), and for comprehensive health insurance 
     policies under the state's Health Insurance Assistance 
     Program (HIAP);
       Whereas, Title III of the Ryan White CARE Act provides 
     funding to public and private nonprofit entities in Indiana 
     for outpatient early intervention and primary care services;
       Whereas, The goal of the Ryan White CARE Act Special 
     Projects of National Significance (SPNS) Program (Part F) is 
     to advance knowledge about the care and treatment of persons 
     living with HIV/AIDS by providing time limited grants to 
     assess models for delivering health and support services; 
     SPNS projects have supported the development of innovative 
     service models for HIV care to provide legal, health, and 
     social services to communities of color, youth, hard to reach 
     populations, and those with dual diagnoses in Indiana; and
       Whereas, The Midwest AIDS Training and Education Centers 
     (MATEC) is funded as part of Part F of the Ryan White CARE 
     Act; in Indiana, MATEC trains clinical health care providers, 
     provides consultation and technical assistance, and 
     disseminates current information for the effective management 
     of HIV disease: Therefore,
       Be it resolved by the House of Representatives of the 
     General Assembly of the State of Indiana:
       Section 1. That the Indiana General Assembly affirms its 
     support of the Ryan White CARE Act and urges the Congress of 
     the United States to expeditiously reauthorize the Act in 
     order to ensure that the expanding medical care and support 
     service needs of the individuals living with HIV are met.
       Section 2. That the Principal Clerk of the House of 
     Representatives transmit copies of this resolution to the 
     President and Vice President of the United States, the Senate 
     Majority and Minority Leaders, the Speaker of the House of 
     Representatives and the House Minority Leader, the 
     Chairpersons and Ranking Minority Members of the Senate 
     Health, Education, Labor and Pensions, Appropriations, and 
     Budget Committees, the Chairpersons and Ranking Minority 
     Members of the House Commerce, Appropriations, and Budget 
     Committees, and to the members of the Indiana Congressional 
     delegation.

                          ____________________