[Congressional Record Volume 146, Number 51 (Monday, May 1, 2000)]
[Senate]
[Pages S3187-S3192]
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-468. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to obtaining an apology 
     from the government of Japan for crimes against prisoners of 
     war during World War II; to the Committee on Foreign 
     Relations.

                   House Concurrent Resolution No. 4

       Whereas, 33,587 men and women in the United States military 
     and 13,966 United States civilians were captured by the 
     forces of the Empire of Japan in the Pacific Theater during 
     World War II, confined in brutal prison camps, and subjected 
     to severe shortages of food, medicine, and other basic 
     necessities; and
       Whereas, many of the United States military and civilian 
     prisoners of the Imperial Japanese Government during World 
     War II were forced to work in coal, copper, lead, and zinc 
     mines, steel plants, shipbuilding yards, and other private 
     Imperial Japanese industries; and
       Whereas, many of the United States military and civilian 
     prisoners of the Imperial Japanese Government were starved 
     and beaten to death or executed by beheading, firing squads, 
     or immolation, while working for Japanese business entities 
     that have become some of the largest multinational companies 
     in the world today; and
       Whereas, the Federal Republic of Germany has formally 
     apologized to the victims of the Holocaust and provided 
     financial compensation to its victims; and
       Whereas, the United States government, in 1988, 
     acknowledged the unfairness of its policy of detaining and 
     interring Japanese-Americans during World War II; and
       Whereas, while Japanese government officials have expressed 
     personal apologies and supported the payment of privately 
     funded reparations to some victims, the Japanese government 
     has refused to fully acknowledge the crimes of Imperial Japan 
     committed during World War II and to provide reparations to 
     its victims: Therefore, be it
       Resolved, That the Legislature of Louisiana requests that 
     the President of the United States and the United States 
     Congress take all appropriate action to further bring about a 
     formal apology and reparations by the Japanese government for 
     the war crimes committed by the Imperial Japanese military 
     during World War II. Be it further
       Resolved, That suitable copies of this Resolution be 
     transmitted to the President of the United States, the 
     Japanese Ambassador to the United States, the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, and each member of Louisiana's 
     congressional delegation.
                                  ____

       POM-469. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to Social Security; to the 
     Committee on Finance.

                   House Concurrent Resolution No. 13

       Whereas, in November 1999, the National Conference of State 
     Legislatures (NCSL) published a position-neutral report 
     titled ``Federal Reductions to Social Security Benefits of 
     State and Local Employees: The Windfall Elimination Reduction 
     and the Government Pension Offset''; and
       Whereas, the NCSL report stated that two federal Social 
     Security provisions known as the Government Pension Offset 
     (GPO) and the Windfall Elimination Provision (WEP) result in 
     a reduction of Social Security benefits received by 
     beneficiaries who also receive ``uncovered'' government 
     retirement benefits earned through work for a state or local 
     government employer where the Social Security payroll tax was 
     not paid; and
       Whereas, the NCSL report stated that congress, in crafting 
     the GPO and WEP benefit reductions, intended to alleviate 
     concerns that public employees who had worked primarily in 
     uncovered, non-Social Security employment receive the same 
     benefit as workers who had worked in covered employment 
     throughout their career; and
       Whereas, the NCSL report stated that the GPO reduces the 
     Social Security spouse's (widow's) benefit by two-thirds of 
     the amount of the public retirement benefit received by the 
     spousal beneficiary and, in some case, the offset will 
     eliminate a Social Security benefit; and
       Whereas, the WEP applies to some government employees who 
     worked primarily in uncovered employment and who have earned 
     an uncovered government pension and also worked enough 
     quarters in covered employment to qualify for an earned 
     Social Security benefit which is subject to a reduction of up 
     to one-half of the amount of the uncovered public retirement 
     benefit earned; and
       Whereas, based on the facts as presented in the NCSL 
     report, it can be argued that both the GPO and the WEP 
     reductions are unfair to lower-wage public employees who 
     receive lower uncovered public pension benefits, because the 
     greatest reductions are suffered by the lowest Social 
     Security earners, and both reduction provisions assume that 
     public employees in uncovered employment, are career 
     employees and make no adjustments for employees who may move 
     in and out of public sector employment or who may qualify for 
     only a minimal uncovered government pension: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize congress to repeal the two federal Social 
     Security provisions known as the Government Pension Offset 
     and the Windfall Elimination Provision, and thereby prevent 
     the reduction of Social Security benefits received by 
     beneficiaries who also receive ``uncovered'' government 
     retirement benefits earned through work for a state or local 
     government employer. Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-470. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to tax treatment of 
     independently contracted school bus operators; to the 
     Committee on Finance.

                   House Concurrent Resolution No. 14

       Whereas, many Louisiana school systems retain school bus 
     operators who own their own school buses and who act as 
     independent contractors for the purpose of transporting 
     students to and from school and school-related events, and 
     each such operator incurs expenses in the performance of his 
     duties, including the cost of new tires, tune-ups, routine 
     maintenance, engine and body repair, interest on financing of 
     the bus, and depreciation thereof; and
       Whereas, in each year prior to 1989, such operators were 
     paid a base salary that was reported to the Internal Revenue 
     Service on form W-2 which applies to statutory employees and, 
     in addition thereto, were paid a separate operation expense 
     reimbursement allowance that was reported on form 1099-
     Miscellaneous which applies to independent contractors; and
       Whereas, in each tax year prior to 1989, each such operator 
     was required to pay income tax on his base salary, but it 
     appears that the Internal Revenue Service apparently either 
     condoned or was unaware of the prevailing tax practice of the 
     operators who were foregoing the reporting of their form 
     1099-Miscellaneous allowance as taxable income thereby 
     allowing, in effect, a tax exemption relative thereto; and
       Whereas, the former practice of many operators was to carry 
     forward the unused, untaxed portion of their expense 
     allowance to be applied in any future year if the expense 
     allowance paid in that year did not cover the expenses 
     actually incurred; and

[[Page S3188]]

       Whereas, during the year 1988, or sometime thereabout, the 
     practice of issuing both a form W-2 and form 1099-
     Miscellaneous to an individual employee came to the attention 
     of the Internal Revenue Service which, apparently, concluded 
     that the practice of treating a single employee as both a 
     statutory employee and an independent contractor, and the 
     resulting accumulation of unused, untaxed expense allowances 
     was unacceptable and further concluded that a law or 
     regulation was necessary to address the subject; and
       Whereas, in tax year 1989, United States Treasury 
     Regulation Sec. 1.62-2 became effective, which required 
     employers to pay operational reimbursement allowances in 
     compliance with an arrangement known as an ``accountable 
     plan'', requiring operators to: (1) only claim expenses 
     incurred in the operation of their buses, (2) provide 
     employers with an itemized list of actual operating expenses, 
     and (3) return to their employers the amount of expense 
     allowance that exceeded the actual expenses incurred during 
     the pay period; and
       Whereas, to comply with the 1989 tax regulation, employers 
     began changing their method of paying operators by 
     discontinuing the payment of a separate operational expenses 
     allowance, while simultaneously increasing each operator's 
     base salary by an amount equal to the former expense 
     allowance, and reporting the total amount to the Internal 
     Revenue Service as form W-2 salary; and
       Whereas, reporting operational expense allowance as form W-
     2 salary instead of form 1099-Miscellaneous income, deprives 
     each operator of the opportunity to forego reporting the 
     total amount of the allowance as taxable income as was the 
     widespread practice prior to tax year 1989 and, furthermore, 
     subjects the unused expense allowance to taxation unless that 
     portion is returned to the employer; and
       Whereas, the federal government's apparent objective of 
     preventing the accumulation of unused, untaxed expense 
     allowance appears to be neutral on its face, but it 
     nevertheless has caused a departure from treating all 
     operators the same, resulting in a situation that many 
     operators consider to be unfair and disparate treatment 
     between operators, and one example of such perceived 
     disparate treatment is the contrast between those operators 
     who itemize their expenses for deduction purposes as compared 
     to those who must claim the standard deduction; and
       Whereas, there are operators whose personal finances are 
     such that they file a federal income tax form 1040 along with 
     a schedule of deductions, and their individual circumstances 
     allow them to deduct all or a part of their expense allowance 
     from taxable income but, by contrast, there are other 
     operators whose personal finances are such that they must 
     claim the standard deduction and, because their circumstances 
     do not allow for itemization, they have no choice but to 
     report their operation expense allowance as taxable income 
     less any returned portion; and
       Whereas, the division of operators into those two groups 
     reveals that one group can deduct allowances from taxable 
     income while the other group cannot, thus causing disparate 
     treatment between the two groups, even though the factors 
     that distinguish the groups may be based on totally random 
     and fortuitous circumstances that are unrelated to the 
     occupation of school bus operator, including such factors as 
     home ownership, having a second job, or being married to a 
     highly compensated spouse; and
       Whereas, any such disparate treatment can be corrected 
     simply by returning to the pre-1989 policy of treating 
     independently contracted school bus operators as hybrid 
     employees, meaning that they should be treated as statutory 
     employees with respect to their base salary and treated as 
     independent contractors with respect to their operation 
     expense allowance, provided such policy includes an 
     authorization to report the total amount of such allowances 
     on form 1099-Miscellaneous, with an exemption of those 
     allowances from taxable income without returning the unused 
     portion, and thereby allowing a carryforward thereof: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to correct disparate 
     treatment of independently contracted school bus operators by 
     enacting legislation to cause a return to the pre-1989 policy 
     to treating such operators as hybrid employees, meaning that 
     they should be treated as statutory employees with respect to 
     their base salary and treated as independent contractors with 
     respect to their operation expense allowance, provided such 
     policy includes authorization to report the total amount of 
     such allowances on form 1099-Miscellaneous, with an exemption 
     of those allowances from taxable income without returning the 
     unused portion, and thereby allowing a carryforward thereof. 
     Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the president of the United States Senate, to the speaker of 
     the United States House of Representatives, and to each 
     member of the Louisiana congressional delegation.
                                  ____

       POM-471. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to the compensation of 
     retired military personnel; to the Committee on Armed 
     Services.

                   House Concurrent Resolution No. 15

       Whereas, American servicemen and women have dedicated their 
     careers to protect the rights we all enjoy, and many career 
     military personnel have endured hardships, privation, the 
     threat of death, disability, and long separations from their 
     families while in service to our country, and those soldiers 
     and sailors who have made a career of defending our great 
     nation in peace and war from the time of the American 
     Revolution until the present day are integral to the success 
     of our military forces; and
       Whereas, there exists a gross inequity in the federal 
     statutes that deny disabled career military personnel equal 
     rights to receive Veterans Administration disability 
     compensation concurrent with receipt of earned military 
     retired pay, although legislation has been introduced in the 
     United States Congress to remedy this inequity applicable to 
     career military personnel; and
       Whereas, the injustice involves those veterans who are 
     retired with a minimum of twenty years of service, in that 
     they are denied the receipt of hard-earned military longevity 
     retirement pay which is not paid, but should be paid 
     concurrently with Veteran Administration awards for service-
     connected disability compensation.
       Whereas, there is a significant difference between earned 
     career military retirement benefits that are based on twenty 
     years or more of honorable and faithful service and rank at 
     time of retirement, and disability compensation which, unlike 
     longevity retirement pay, is intended to compensate for pain, 
     suffering, disfigurement, chemical exposures, wound injuries, 
     and a loss of earning ability has a minimum requirement of 
     only ninety days of active duty; and
       Whereas, military retirement benefits are not ``free'' 
     because military personnel must contribute toward their 
     retirement, which results in a reduction of military base pay 
     by approximately seven percent when pay and allowances are 
     computed and approved by Congress and, traditionally, career 
     military personnel receive lower pay and retirement benefits 
     compared to their civilian counterparts after a life of 
     hardship and long hours without overtime pay and without the 
     advocacy of unions to seek better benefits; and
       Whereas, the Veterans Administration pays to disabled 
     veterans with a total body disability of thirty percent or 
     more additional compensation known as ``dependents 
     allowances'' which is based on one or more dependents of the 
     disabled veteran and the amount of the allowance increases 
     with the severity of the disability, and the Department of 
     Defense causes to be deducted from disabled veterans' 
     benefits an amount which is more or less the same amount as 
     the dependents allowance, and essentially leaves the disabled 
     veteran with no dependents allowance, and the effect of that 
     practice is to extend discriminatory treatment to the 
     families of disabled retirees; and
       Whereas, it is patently unfair to require disabled military 
     retirees to fund their own Veterans Administration 
     compensation by deductions on a dollar-for-dollar basis, and 
     no such deduction applies to the benefits of similarly 
     situated federal civil service or congressional disability 
     retirees, and to correct this unjust discrimination a 
     statutory change is necessary which will also serve the 
     purpose of ensuring that America's commitment to national and 
     international goals is matched by the same allegiance as 
     already shown by those who sacrificed their physical well-
     being on behalf of those goals: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to amend Title X, 
     United States Code, relating to the compensation of retired 
     military, to permit concurrent receipt of retired military 
     pay and Veterans Administration disability compensation, 
     including dependents allowances. Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the president of the United States, the United States 
     secretary of defense, the presiding officer of the Senate and 
     the House of Representatives of the Congress of the United 
     States, the committee chairman of the Senate Armed Forces 
     Committee and the Senate Veterans Affairs Committee, the 
     committee chairman of the House National Security and 
     Veterans Affairs Committee, and each member of the Louisiana 
     congressional delegation.
                                  ____

       POM-472. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to the Water Resources 
     Development Act of 2000; to the Committee on Environment and 
     Public Works.

                   House Concurrent Resolution No. 17

       Whereas, Louisiana citizens living and working in southeast 
     Louisiana have been and continue to be vulnerable to the 
     devastating effects of hurricanes and tropical storms; and
       Whereas, the Morganza to the Gulf of Mexico Hurricane 
     Protection Project will provide protection for the residents, 
     business, and property owners of Louisiana; and
       Whereas, the state of Louisiana and the U.S. Army Corps of 
     Engineers have worked together to coordinate and construct 
     projects according to the hurricane protection alignment that 
     complies with U.S. Army Corps of Engineering standards; and
       Whereas, the state of Louisiana has expended a considerable 
     amount of effort and capital on projects that are along and 
     within the proposed Morganza to the Gulf of Mexico Hurricane 
     Protection Project alignment; and

[[Page S3189]]

       Whereas, the state of Louisiana, serving as the local 
     sponsors for the Morganza to the Gulf of Mexico Hurricane 
     Protection Project, will be responsible for providing the 
     matching funds for this project: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to include in the Water Resources 
     Development Act of 2000, a directive to the secretary of the 
     Army, acting through the Chief of Engineers, to credit toward 
     the nonfederal share for the cost of any work performed by 
     the nonfederal interests for interim flood protection 
     determined by the secretary of the Army as compatible and an 
     integral part of the Morganza to the Gulf of Mexico Hurricane 
     Protection Project. Be it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to include in the Water Resources 
     Development Act of 2000, an authorization to the secretary of 
     the Army to permit the nonfederal sponsor for the Morganza to 
     the Gulf of Mexico Hurricane Protection Project to pay, 
     without interest, the remaining nonfederal share of the 
     project over a period to be determined by the secretary not 
     to exceed thirty years. Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-473. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to a dairy waste 
     management program in Louisiana; to the Committee on 
     Appropriations.

                   House Concurrent Resolution No. 42

       Whereas, Louisiana is home to approximately four hundred 
     dairy farms, and the continued existence of the dairy 
     industry is of vital importance to the people of this state; 
     and
       Whereas, one of the major problems facing dairy farmers in 
     this state is the creation and maintenance of facilities for 
     the disposal of waste from dairy cows; and
       Whereas, proper management of diary waste can and does 
     serve numerous public purposes, such as ensuring a dependable 
     supply of milk and other dairy products for consumers and 
     enhancing the quality of the water, soil, and air of this 
     state; and
       Whereas, proper management of diary waste has become cost 
     prohibitive and thus become an issue threatening the very 
     existence of the dairy farmers in Louisiana; and
       Whereas, the dairy farmers are in dire need of financial 
     assistance to aid in the management and ultimate disposal of 
     dairy waste; and
       Whereas, the dairy farmers desire to implement a dairy 
     waste management program, the costs of which are shared 
     between the dairy farmers and the state and federal 
     governments, entities which recognize the vital importance of 
     these dairy farmers to the citizens of this state: Therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to financially assist 
     the dairy farmers in implementing a dairy waste management 
     program. Be it further;
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-474. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to the U.S. Census; to the 
     Committee on Governmental Affairs.

                   House Concurrent Resolution No. 54

       Whereas, the completion of U.S. Census forms is a 
     critically important endeavor, as an accurate count of the 
     citizens of the United States and of the states and units of 
     local government is essential to provide for proper 
     representation of elected bodies and allocation of federal 
     and other government funds; and
       Whereas, for these reasons it is important that congress 
     take all necessary action to ensure that the census does not 
     include intrusive questions that may discourage some citizens 
     from completing their census forms; and
       Whereas, one in six households nationwide has received the 
     long version of the census form, which has fifty-three 
     questions that ask citizens about topics ranging from income 
     to what kind of plumbing they have in their homes; and
       Whereas, the questions on the long version of the census 
     form go far beyond simple inquiries like name, age, and 
     gender; they are personal inquiries regarding education, real 
     estate, employment, and whether children are natural-born or 
     adopted, and many citizens consider these questions to be 
     unnecessarily intrusive; and
       Whereas, even though some of these questions may provide 
     information that is important to the provision of services to 
     citizens by both the public and private sectors, the 
     necessity for the development of this data by the census 
     bureau and its significance in the lives of citizens is not 
     readily apparent; and
       Whereas, there is evidence that the intrusive nature of the 
     questions on the long census form deters otherwise willing 
     participants from completing the form, thereby distorting the 
     results of the census that are vital to ensuring fair and 
     equal representation and equitable funding for all the 
     citizens of the United States; and
       Whereas, the forms left uncompleted by citizens who feel 
     the questions are too intrusive may result in inaccurate data 
     and, thus, drastically impact the distribution of one hundred 
     eighty billion dollars in federal aid routed to each state 
     primarily on the basis of census data; federally funded 
     programs include the building of highways, Medicare and 
     Medicaid, and a variety of services for the elderly; and
       Whereas, citizens who answer the census help their 
     communities obtain federal and state funding and valuable 
     information for planning schools and hospitals; and
       Whereas, one fundamental reason for conducting the 
     decennial census of the United States is to determine the 
     number of members of the House of Representatives each of the 
     fifty states is entitled to have; and
       Whereas, in order to facilitate the vital accuracy of the 
     apportionment and fund distribution processes, all 
     appropriate measures should be taken to encourage the 
     participation of each and every citizen in the United States 
     Census; therefore, no citizen should be unfairly penalized by 
     being asked to complete a long form containing intrusive 
     questions that may discourage their participation and 
     negatively impact the accuracy of census results. Therefore 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take all 
     appropriate action to eliminate unnecessarily intrusive 
     questions on the census form in order to ensure maximum 
     participation and accuracy of the United States census. Be it 
     further
       Resolved, That the Legislature of Louisiana does urge and 
     request Louisiana citizens to complete and return their 
     census forms as soon as possible in order to assure that 
     Louisiana citizens will benefit from public and private 
     sector services and equal representation which are dependent 
     upon an accurate census. Be it further
       Resolved, That suitable copies of this Resolution be 
     transmitted to the president of the United States Senate, the 
     speaker of the United States House of Representatives, and 
     each member of Louisiana's congressional delegation.
                                  ____

       POM-475. A resolution adopted by the Assembly of the 
     Legislature of the State of New York relative to the Low-
     Income Home Energy Assistance Program; to the Committee on 
     Appropriations.

                               Resolution

       Whereas, this Assembled Body is exceedingly concerned about 
     the continuing increase in the price of petroleum and home 
     heating fuels; and
       Whereas, about three million of New York State's 6.8 
     million households use home heating oil; and
       Whereas, since February 10, 2000, fuel prices have 
     continued to climb, by more than 80 percent compared to last 
     year, causing significant hardship for low-income families 
     throughout the country; and
       Whereas, home heating oil prices exceed two dollars per 
     gallon in some areas of New York State; and
       Whereas, while such steep increases affect all consumers, 
     the health and safety of low- and moderate-income consumers, 
     working families, the elderly, and people on fixed incomes 
     are being jeopardized; and
       Whereas, some of New York's citizens are being forced to 
     decide whether to heat their homes or purchase other basic 
     necessities, such as prescription drugs; and
       Whereas, the Federal Government has asked state governments 
     to inform eligible families about the availability of Low-
     income Home Energy Assistance; and
       Whereas, the Federal Government has released a total of 
     $295 million of additional Low-income Home energy Assistance 
     on an emergency basis during severe weather and unusually 
     high energy prices; and
       Whereas, the release of $295 million of Low-income Home 
     Energy Assistance by the Federal Government comprises all 
     funds currently available under the program; and
       Whereas, New York State has received an additional 
     $73,629,760 of Low-income Home Energy Assistance from the 
     Federal Government; and
       Whereas, President William J. Clinton has sent to the 
     United States Congress an emergency supplemental request for 
     $600 million to provide additional funds for the Low-income 
     Home Energy Assistance Program through the end of this fiscal 
     year; now, therefore, be it
       Resolved, That this Legislative Body pause in its 
     deliberations to urge the United States Congress to grant the 
     President's emergency supplemental request for $600 million 
     to provide additional funds for the Low-income Home Energy 
     Assistance Program through the end of this fiscal year; and 
     be it further
       Resolved, That copies of this Resolution, suitably 
     engrossed, be transmitted to the Speaker of the House of 
     Representatives, the President Pro Tempore of the United 
     States Senate, and to each member of the New York State 
     Congressional Delegation.
                                  ____

       POM-476. A resolution adopted by the Assembly of the 
     Legislature of the State of New York relative to the cost of 
     heating fuel; to the Committee on Energy and Natural 
     Resources.

                               Resolution

       Whereas, this Assembled Body is exceedingly concerned about 
     recent, dramatic increases in the price of petroleum and home 
     heating fuels; and

[[Page S3190]]

       Whereas, about three million of New York State's 6.8 
     million households use home heating oil; and
       Whereas, the cost of home heating oil began rising even 
     before the arrival of the current arctic temperature spell 
     being experienced in New York State and across the northeast; 
     and
       Whereas, daily increases of as much as 30 cents per gallon 
     have occurred; and
       Whereas, while such steep increases affect all consumers, 
     the health and safety of low and moderate income consumers, 
     working families, the elderly and people on fixed incomes are 
     being jeopardized; and
       Whereas, the current price of home heating oil is the 
     highest recorded in New York States since the Gulf War in 
     1991; and
       Whereas, some of New York's citizens are being forced to 
     decide whether to heat their homes or purchase other basic 
     necessities, such as prescription drugs; and
       Whereas, spot shortages of kerosene have occurred, 
     exacerbating an already serious problem; gasoline prices have 
     begun to rise as well; and
       Whereas, the cost of diesel fuel has also risen; a 70 cent 
     increase has brought the cost of diesel fuel to a high of two 
     dollars per gallon which could force truckers to park their 
     rigs or pass the increase on to consumers through surcharges; 
     and
       Whereas, it is clear that not only are extremely high fuel 
     prices seriously affecting individuals, they can have a 
     dramatic negative impact on the economy of our State and 
     nation by increasing energy, production and transportation 
     costs; and
       Whereas, the rapid and extreme increase in home heating oil 
     and other fuel prices cannot be attributed solely to OPEC's 
     control of the quantity and cost of crude oil, currently 
     approaching 30 dollars per barrel, almost three times the 
     price of crude oil one year ago, or by the federal 
     government's failure to release an emergency supply of crude 
     oil from the Strategic Petroleum Reserve; not, therefore, be 
     it
       Resolved, That this Legislative Body pause in its 
     deliberations to urge the President and the United States 
     Congress to investigate the causes of the rising cost of 
     petroleum and related fuels and to enact measures to 
     alleviate the burden such steep increases place on low and 
     moderate income consumers, on working families, and on the 
     elderly and people on fixed incomes; and be it further
       Resolved, That copies of this Resolution, suitably 
     engrossed be transmitted to President William J. Clinton, the 
     Speaker of the United States House of Representatives, the 
     President Pro Tempore of the United States Senate, and to 
     each member of the New York States Congressional Delegation.
                                  ____

       POM-4777. A joint resolution adopted by the General 
     Assembly of the Commonwealth of Virginia relative to the 
     ``Vietnam Veterans Recognition Act of 1999''; to the 
     Committee on Energy and Natural Resources.

                    Senate Joint Resolution No. 266

       Whereas, H.R. 3293 and S1921, known as the ``Vietnam 
     Veterans Recognition Act of 1999.'' are jointly designed to 
     honor those veterans of the Vietnam War who died after their 
     service in Vietnam, but as a direct result of that service; 
     and
       Whereas, war wounds do not always kill immediately, and 
     frequently such wounds linger on for many years after the 
     fighting is done; and
       Whereas, those who suffer such wounds, like their brothers 
     and sisters who died on the battlefield, made the ultimate 
     sacrifice for their country and deserve to be duly recognized 
     and honored; and
       Whereas, most veterans who died later as a result of their 
     service in the Vietnam War do not qualify for inclusion on 
     the current Vietnam Veterans Memorial in Washington, D.C.; 
     and
       Whereas, H.R. 3293 and S1921 both authorize a separate 
     plaque within the Vietnam Veterans Memorial containing an 
     inscription to honor Vietnam Veterans who died after their 
     service in Vietnam, but as a direct result of that service, 
     and whose names are not otherwise eligible for placement on 
     the Vietnam Veterans Memorial wall; and
       Whereas, the memorial plaque would be designed and 
     constructed without the use of public funds; and
       Whereas, this separate memorial, popularly known as the 
     ``In Memory'' plaque, has been endorsed by a wide variety of 
     veterans' organizations, including the Vietnam Veterans of 
     America, AMVETS, the American Legion, the Society of the 173d 
     Airborne Brigade, the National Conference of Viet Nam Veteran 
     Ministers, the Veterans of Foreign Wars, and the National 
     Congress of American Indians; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the General Assembly hereby urge the Congress of the 
     United States to pass H.R. 3293 and S1921, known as the 
     ``Vietnam Veterans Recognition Act of 1999,'' which authorize 
     the Vietnam War ``In Memory'' memorial plaque; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the Speaker of the United States 
     House of Representatives, the President of the United States 
     Senate, and the members of the Virginia Congressional 
     Delegation so that they may be apprised of the sense of the 
     General Assembly of Virginia.
                                  ____

       POM-478. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to enhancing the 
     benefits for individuals eligible for NAFTA transitional 
     adjustment assistance; to the Committee on Finance.

                     Senate Joint Resolution No. 97

       Whereas, ratification of the NAFTA treaty was a 
     congressional policy decision which could benefit the 
     continent as a whole; and
       Whereas, one of the effects of NAFTA has been to set the 
     United States and other countries on the road to economic 
     globalization; and
       Whereas, professional economists continue to analyze and to 
     debate the efficacy of economic globalization; and
       Whereas, however, professional economists and most policy 
     makers are not directly or dramatically affected by economic 
     globalization; and
       Whereas, although the United States continues to experience 
     economic prosperity, pockets of the United States and 
     Virginia have not benefited from the financial boom; and
       Whereas, when plants close because of out-sourcing of labor 
     costs to other countries, the people who lose their jobs are 
     not likely to feel sympathy for the benefits of a global 
     economy to the rest of the country or the Commonwealth; and
       Whereas, these displaced workers are frequently entitled to 
     elect such benefits as the 18-month COBRA extension of health 
     care insurance coverage; and
       Whereas, the costs of the COBRA extension are often beyond 
     the means of unemployed individuals with families; and
       Whereas, those individuals who lose their jobs because of 
     the effects of NAFTA and globalization are tax-paying and 
     responsible citizens who, through no fault of their own, must 
     face an uncertain future in the new millennium that may 
     include retraining, the search for new employment, and 
     inadequate access to health care; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress be urged to enhance the benefits for 
     individuals eligible for NAFTA transitional adjustment 
     assistance by providing expanded and short-term eligibility 
     for medical assistance services to such individuals and their 
     families; and be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the Speaker of the United States 
     House of Representatives, the President of the United States 
     Senate, and the members of the Congressional Delegation of 
     Virginia in order that they may be apprised of the sense of 
     the General Assembly of Virginia in this matter.
                                  ____

       POM-479. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to quality care for 
     active duty and retired military personnel and their 
     families; to the Committee on Armed Services.

                    Senate Joint Resolution No. 125

       Whereas, thousands of dedicated men and women comprise the 
     armed forces of the United States, the greatest military 
     force in the world; and
       Whereas, these men and women make great personal sacrifices 
     to lend their gifts, talents, and time to protect the people 
     of this nation, and to aid others around the world who are 
     threatened by the malevolent acts of despots and their 
     regimes, and natural acts of destruction; and
       Whereas, World War II and Korean War military retirees and 
     their families constitute a significant part of the aging 
     population in the United States; and
       Whereas, active duty and military retirees were guaranteed 
     free, quality, lifetime medical benefits for themselves and 
     their immediate families upon their retirement for serving 
     our country honorably for 20 or more years; and
       Whereas, prior to the age of 65, military retirees and 
     their families were provided health care services at military 
     medical facilities; or through other United States Department 
     of Defense programs; however, upon reaching the age of 65, 
     they lost a significant portion of health care coverage to 
     which they were entitled through federal legislation that 
     eliminated such medical benefits in 1995; and
       Whereas, many military retirees and their families live on 
     a fixed income and cannot obtain quality health care and 
     pharmaceuticals or afford to pay for these services out-of-
     pocket; and
       Whereas, the federal government has closed 58 military 
     hospitals and has downgraded 26 military hospitals to 
     clinics, and the Department of Defense has proposed that an 
     additional 26 military hospitals be closed; and
       Whereas, many active duty and military retirees and their 
     families are unable to access military treatment facilities 
     because such facilities no longer exist or have been 
     downsized to the extent that space for health care services 
     has become nonexistent; and
       Whereas, our very freedom, and the rights and comforts that 
     we all enjoy and many take for granted in the free world, 
     were bought with the tremendous sacrifice of families, 
     personal freedom, limbs, minds, and the lives of brave, 
     patriotic, and honorable men and women; and
       Whereas, these honorable men and women, who have sacrificed 
     in the service of their country, and their immediate families 
     are deserving of the health care that they were guaranteed; 
     now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress be urged

[[Page S3191]]

     to restore quality health care to active duty and retired 
     military personnel and their families. Acknowledgment of the 
     great sacrifices made by these persons in the defense of our 
     safety and freedom would be best demonstrated by honoring the 
     pledge made to them by fully restoring their right to free, 
     quality, lifetime heath care; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States; the Speaker of the Unites States House of 
     Representatives, the President of the United States Senate, 
     and the members of the Congressional Delegation of Virginia 
     in order that they may be apprised of the sense of the 
     General Assembly of Virginia in this matter.
                                  ____

       POM-480. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to an increase in 
     funding for Historically Black Colleges and Universities and 
     financial aid for middle income students; to the Committee on 
     Appropriations.

                    Senate Joint Resolution No. 222

       Whereas, Historically Black Colleges and Universities 
     (HBCUs) have been in existence for more than 150 years, 
     arising at a time in America's history when the education of 
     African-Americans and whites was separate and unequal; and
       Whereas, these colleges have been the firm foundation that 
     have provided the crucial means for the educational and 
     economic advancement of African-Americans; and
       Whereas, Historically Black Colleges and Universities, 
     dedicated to equality and excellence in higher education, 
     embody many of our most deeply cherished values--equality, 
     diversity, opportunity, and hard work; and
       Whereas, by serving the African-American community, HBCUs 
     serve all Americans by preparing gifted young men and women 
     to succeed in every sector of society, by helping persons 
     from low-income communities--African-American and white--to 
     realize their dreams and life goals; and
       Whereas, by producing alumni who are great scientists and 
     mathematicians, gifted and talented musicians and artisans, 
     superb athletes and sportsmen, outstanding statesmen and 
     orators, skilled military leaders, and other noteworthy 
     individuals whose immeasurable contributions have benefited 
     mankind; and
       Whereas, although colleges and universities associated with 
     other racial and ethnic groups have an equally long and 
     glorious history, and an even brighter future as a result of 
     the many men and women alumni who are recognized leaders in 
     the community and have the wealth to establish endowments and 
     donate substantial financial awards to their institutions; 
     and
       Whereas, a growing number of African-American college 
     graduates have been blessed to achieve social, political, and 
     economic status, the vast number of alumni of Historically 
     Black Colleges and Universities have not had the same 
     opportunity as persons in the majority culture to establish 
     social and business connections and amass fortunes that would 
     enable them to support their alma maters; and
       Whereas, the majority of African-Americans with bachelor's 
     degrees in engineering, computer science, life science, 
     business, and mathematics have graduated from one of the 105 
     Historically Black Colleges and Universities and according to 
     the United States Department of Education's National Center 
     for Education Statistics, historically Black colleges and 
     universities coffered 28 percent of all bachelor's degrees 
     awarded to African-American graduates in 1996, although 
     enrollment at HBCUs constituted only 16 percent of all 
     African-American college students; and
       Whereas, although our society has evolved and minority 
     persons may attend traditionally white institutions, there is 
     still a need for HBCUs, as they provide a learning 
     environment where teacher expectations are high, personal 
     dreams and aspirations are nurtured, the campus climate is 
     tolerant of differences, and the ambiance is respectful of 
     Black history and culture; and
       Whereas, with an illustrious past and a hopeful present, 
     without increased support and financial assistance, HBCUs and 
     the many African-Americans, low-income and middle-income 
     persons that they serve, the challenge to be competitive in 
     the 21st century will become an insurmountable hurdle; and
       Whereas, the federal government has provided funding and 
     other support services to HBCUs and their students through 
     many programs and services, as well as financial aid, 
     substantial increases in the level of federal funding is 
     desperately needed to sustain and expand the educational 
     programs and services given the escalating costs of higher 
     education; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress of the United States be urged to increase 
     funding for Historically Black Colleges and Universities 
     (HBCUs) and financial aid for middle income students; and, be 
     it
       Resolved further, That the Clerk of the Senate shall 
     transmit copies of this resolution to the President of the 
     United States, the Speaker of the House of Representatives, 
     the President of the Senate, and the members of the 
     Congressional Delegation of Virginia so that they may be 
     apprised of the sense of the General Assembly of Virginia in 
     this matter.
                                  ____

       POM-481. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to the Trade Act of 
     1974; to the Committee on Finance.

                     Senate Joint Resolution No. 98

       Whereas, the Trade Act of 1974 established a statutory 
     framework for providing transitional adjustment assistance to 
     employees displaced due to increased importation of 
     competitive products; and
       Whereas, the adoption by Congress of the North American 
     Free Trade Agreement (NAFTA) included the establishment of a 
     transitional adjustment assistance program in the event that 
     imports of competitive goods from Canada or Mexico are an 
     important contribution to workers' separation; and
       Whereas, since the adoption of NAFTA, the number of imports 
     from Canada and Mexico of products directly competitive with 
     products manufactured in the United States has increased; and
       Whereas, many manufacturing plants in the United States 
     have displaced workers or closed entirely due to increased 
     competition from imported products; and
       Whereas, American workers have been struggling to find 
     similar employment and need retraining services to be 
     qualified for other types of employment; and
       Whereas, the current length of time for retraining benefits 
     under the Trade Act is inadequate for most Americans to 
     complete retraining programs; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the General Assembly of Virginia memorialize the 
     Congress of the United States to amend that portion of the 
     Trade Act of 1974 establishing the North American Free Trade 
     Agreement Transitional Adjustment Assistance Program to 
     extend the maximum time period for receipt of benefits from 
     52 weeks to 78 weeks; and be it
       Resolved further, That the General Assembly of Virginia 
     most fervently urge and encourage each state legislative body 
     of the United States of America to enact this resolution, or 
     one similar in context and form, as a show of solidarity in 
     petitioning the federal government for greater benefits to 
     workers displaced due to the adoption of NAFTA; and, be it
       Resolved finally, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States, the Secretary of the United States Department of 
     Labor, the Speaker of the United States House of 
     Representatives, the President of the United States Senate, 
     each member of the Congressional Delegation of Virginia, and 
     to the presiding officer of each house of each state 
     legislative body in the United States of America.
                                  ____

       POM-482. A resolution adopted by the Senate of the State of 
     New Hampshire relative to heating oil prices and the Federal 
     Weatherization Program; to the Committee on Energy and 
     Natural Resources.

                          Senate Resolution 14

       Whereas, prices for home heating oil, kerosene, and diesel 
     fuel spiked dramatically this winter in New Hampshire and 
     reached record highs in our state and throughout the 
     Northeast; and
       Whereas, heating oil prices in the state rose to prices 
     which were well over $1 per gallon higher than last winter's 
     fuel prices; and
       Whereas, kerosene prices in the state rose to well over $2 
     per gallon; and
       Whereas, gasoline prices have skyrocketed, and threaten to 
     reach or exceed $2 per gallon in the coming season; and
       Whereas, households across the state struggle to pay their 
     necessary heating and transportation fuel costs; and
       Whereas, New Hampshire citizens remain vulnerable to future 
     fuel price volatility; and
       Whereas, tight fuel supplies and very low supplier 
     inventories exacerbated the price volatility problem; and
       Whereas, sustained below freezing temperatures this past 
     winter and during typical New Hampshire winters make this 
     situation of particular concern as a health and safety issue 
     for our citizens; and
       Whereas, 75 percent of all home heating oil used in the 
     United States is used in New England during 12 weeks of 
     winter; and
       Whereas, the federally-funded Low Income Weatherization 
     Program last year provided approximately $870,000 to New 
     Hampshire to enable cost-effective energy conservation 
     investments for the neediest households to reduce their 
     energy consumption and heating bills; and
       Whereas, the Weatherization Program is one of the most 
     effective means of reducing low income homeowners' reliance 
     on imported heating fuels, and resultant energy cost burdens, 
     while also advancing health and safety goals; and
       Whereas, the federal State Energy Program enables states 
     like New Hampshire to target all sectors of the economy--
     including schools, municipalities, business, industry, state 
     facilities, non-profits, and the residential sector--with 
     energy saving and renewable energy initiatives, education, 
     and creative solutions to energy problems, and further 
     permits the state to monitor and track key trends in fuel 
     prices and supplies so as to foster emergency preparedness; 
     and
       Whereas, the federal Low Income Home Energy Assistance 
     Program (LIHEAP) afforded New Hampshire over $17 million this 
     year ($8.5 million base grant plus $9.1 million

[[Page S3192]]

     in emergency funds) for income eligible households to pay 
     essential heating costs, thereby averting hardship and crisis 
     for thousands of elderly, disabled, and families with young 
     children: Now, therefore, be it
       Resolved by the Senate:
       That the senate hereby urges the United States Department 
     of Energy to take all available measures to assure adequate 
     inventory levels in the Northeast, including re-examination 
     of regional heating oil reserve options, as well as minimum 
     wholesale inventory requirements; and
       That the senate hereby urges Congress to repeal the new 25 
     percent Weatherization Program match requirement scheduled to 
     go into effect in 2001, which would place states like New 
     Hampshire at potential risk of loss of all federal funding to 
     this valuable program; and
       That the senate hereby urges the White House to maintain 
     pressure on OPEC to agree to increase production levels when 
     they meet on March 27, 2000, to increase petroleum product 
     supplies available throughout the region in order to reduce 
     prices; and
       That the senate hereby urges Congress to support increase 
     funding for much-needed federal programs, at proposed 
     national levels of $1.4 billion for LIHEAP, $175 million for 
     the Weatherization Program, and $44 million for the State 
     Energy Program, so that states can best assist residents and 
     businesses to decrease their fuel consumption and afford 
     essential heating costs; and
       That the senate clerk transmit copies of this resolution to 
     the President of the United States, the Vice-President of the 
     United States, the Secretary of the Department of Energy, the 
     Speaker of the U.S. House of Representatives, and the members 
     of the New Hampshire congressional delegation.
                                  ____

       POM-483. A joint resolution adopted by the General Assembly 
     of the State of Tennessee relative to increasing the number 
     and specificity of ethnicity categories used for reporting of 
     educational data; to the Committee on Health, Education, 
     Labor, and Pensions.

                     Senate Joint Resolution No. 71

       Be it resolved by the Senate of the one hundred first 
     general assembly of the State of Tennessee, the House of 
     Representatives concurring, That this General Assembly hereby 
     memorializes the United States Congress to study the need to 
     increase the number of specificity of ethnicity categories 
     used for the reporting of educational data.
       Be it further resolved, That an enrolled copy of this 
     resolution be transmitted to the President and the Secretary 
     of the U.S. Senate, the Speaker and the Clerk of the U.S. 
     House of Representatives and to each member of Tennessee's 
     Congressional Delegation.
                                  ____

       POM-484. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania relative to the oxygenate 
     content requirements in the Clear Air Act; to the Committee 
     on Environment and Public Works.

                       Senate Resolution No. 142

       Whereas, The 1990 amendments to the Clear Air Act mandated 
     the addition of oxygenates in reformulated gasoline at a 
     minimum of 2% of content by weight to reduce the 
     concentration of various types of air contaminants, including 
     ozone and carbon monoxide, in regions of the country 
     exceeding National Air Quality Standards; and
       Whereas, Methyl tertiary-butyl ether (MTBE), the most 
     commonly used gasoline oxygenate in the United States, is 
     being detected with increasing frequency in surface and 
     groundwater supplies and public and private water supply 
     wells throughout the United States and Pennsylvania due to 
     leaking underground petroleum storage tanks, spills and other 
     accidental discharges; and
       Whereas, Because MTBE is highly soluble in water, spills 
     and leaks involving MTBE-laden gasoline are considerably more 
     expensive and difficult to remediate than those involving 
     conventional gasoline, and current wellhead techniques for 
     treating gasoline-tainted water, such as air sparging and 
     carbon filtration, are less effective in treating water 
     contaminated by the MTBE-laden gasoline, resulting in 
     increased treatment costs to water suppliers; and
       Whereas, Several studies, including the May 1999 study on 
     ``The Ozone-Forming Potential of Reformulated Gasoline'' by 
     the National Research Council, have found that gasoline 
     oxygenates contribute little to reducing ozone pollution and 
     that the air quality benefits of oxygenates in reformulated 
     gasoline are restricted to cars manufactured prior to 1989 
     and therefore are diminishing as older model vehicles are 
     phased out; and
       Whereas, A Blue Ribbon Panel of the United States 
     Environmental Protection Agency recently called for the 
     elimination of the Federal oxygenate requirement and for the 
     reduction of the use of MTBE in gasoline because of the 
     public health concerns associated with MTBE in water 
     supplies; and
       Whereas, The prescriptive requirements in the Clean Air Act 
     Amendments for oxygenate content restrict the Commonwealth's 
     ability to address groundwater contamination and air quality 
     issues; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge the President and Congress of the United 
     States to repeal the oxygenate content requirements in the 
     Clean Air Act, and to encourage reliance instead upon clean-
     burning, nonoxygenate fuel formulations that meet the air 
     quality standards established in the Clean Air Act and 
     provide reductions of ozone and airborne toxic pollutants 
     equivalent to or greater than gasoline oxygenates; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress; 
     from Pennsylvania.
                                  ____

       POM-485. A resolution adopted by the Township of Dennis, 
     County of Cape May, New Jersey relative to the use of the Mud 
     Dump site as a disposal area for contaminated dredge 
     materials in the Atlantic Ocean; to the Committee on 
     Environment and Public Works.

                          ____________________