[Congressional Record Volume 146, Number 88 (Tuesday, July 11, 2000)]
[Senate]
[Pages S6468-S6473]
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-528. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to apple cider; to the 
     Committee on Agriculture, Nutrition, and Forestry.

                     House Concurrent Resolution 35

       Whereas, New Hampshire has over 60 small family-run cider 
     mills which will likely be forced to close if the United 
     States Food and Drug Administration (USFDA) proceeds with new 
     rules requiring pasteurization of apple cider offered for 
     sale to the consuming public; and
       Whereas, the costs of installing pasteurization equipment 
     are prohibitive and are beyond the means of all but the very 
     largest commercial apple cider makers; and
       Whereas, alternative technologies using either ultraviolet 
     rays or a strict process of washing and rinsing of the raw 
     apples can accomplish the USFDA's goal of a 100,000-fold 
     bacteria reduction: Now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring: That in order to preserve our tradition of making 
     fine apple cider at local mills based at New Hampshire 
     orchards, we urge the USFDA to defer its proposed rules 
     requiring pasteurization for apple cider and instead consider 
     adoption of processing standards which can achieve the same 
     level of public protection at reasonable cost to our small 
     cider makers; and
       That copies of this resolution be sent by the house clerk 
     to the President of the United States, the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, the Administrator of the United States 
     Food and Drug Administration, and each member of the New 
     Hampshire congressional delegation.
                                  ____

       POM-529. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to local television 
     access; to the Committee on Banking, Housing, and Urban 
     Affairs.

                       House Joint Resolution 26

       Whereas, access to local broadcast television signals in 
     certain rural areas is limited or unavailable and measures to 
     facilitate the provision of local signals in unserved and 
     underserved markets is required; and
       Whereas, the United States Congress will again consider 
     legislation establishing incentives including loan guarantees 
     for multichannel video services to provide the access to 
     local broadcast television signals in unserved and 
     underserved rural areas: Now, therefore, be it

[[Page S6469]]

       Resolved by the Senate and House of Representatives in 
     General Court convened: That the New Hampshire Senate and 
     House of Representatives support the improved access to local 
     television for households in unserved and underserved rural 
     areas; and
       That the United States Congress is urged to enact 
     legislation which establishes incentives including loan 
     guarantees for multichannel video services to provide the 
     access to local broadcast television signals in unserved and 
     underserved rural areas; and
       That copies of this resolution be sent by the house clerk 
     to the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-530. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to domestic dog and cat fur; 
     to the Committee on Commerce, Science, and Transportation.

                       Assembly Resolution No. 54

       Whereas, A recent investigation conducted by the Humane 
     Society of the United States and others revealed that 
     approximately two million domestic dogs and cats are killed 
     annually worldwide for their fur as part of an extensive 
     international trade in the pelts of these animals, and that 
     the method of killing is often exceedingly cruel; and
       Whereas, Domestic dog and cat fur products are sometimes 
     marketed in the United States, as evidenced, for example, by 
     recent news stories reporting the sale of fur-trimmed coats 
     labeled as ``Mongolia dog fur'' in New Jersey; and
       Whereas, Federal law does not prohibit the practices of 
     importing, selling, or using domestic dog or cat fur in 
     garments and only requires the labeling of the fur used when 
     the product costs more than $150; and
       Whereas, The importation and use of domestic dog and cat 
     fur in garments or other products sold in the United States 
     is shocking and does not comport at all with the generally 
     accepted view of these animals as human companions: Now, 
     therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress of the United States is respectfully 
     memorialized to enact legislation as soon as possible 
     prohibiting the importation into the United States, or sale, 
     of domestic dog or cat fur or any product made in whole or in 
     part therefrom. For the purposes of this resolution, 
     ``domestic dog or cat'' means a dog (Canis familiaris) or cat 
     (Felis catus or Felis domesticus) that is generally 
     recognized in the United States as being a household pet and 
     shall not include coyote, fox, lynx, bobcat, or any other 
     wild canine or feline species.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and of the United States House of 
     Representatives, every member of Congress elected from the 
     State, the Secretary of the United States Department of 
     Commerce, and the chairman and each commissioner of the 
     Federal Trade Commission.
                                  ____

       POM-531. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to taxes; to the 
     Committee on the Judiciary.

                     House Concurrent Resolution 27

       Whereas, separation of powers is fundamental to the United 
     States Constitution and the power of the federal government 
     is strictly limited; and
       Whereas, under the United States Constitution, the states 
     are to determine pubic policy; and
       Whereas, it is the duty of the judiciary to interpret the 
     law, not to create law; and
       Whereas, our present federal government has strayed from 
     the intent of our founding fathers and the United States 
     Constitution through inappropriate federal mandates; and
       Whereas, these mandates by way of statute, rule, or 
     judicial decision have forced state governments to serve as 
     the mere administrative arm of the federal government; and
       Whereas, federal district courts, with the acquiescence of 
     the United States Supreme Court, continue to order states to 
     levy or increase taxes to comply with federal mandates; and
       Whereas, these court actions violate the United States 
     Constitution and the legislative process; and
       Whereas, the time has come for the people of this great 
     nation and their duly elected representatives in state 
     government to reaffirm, in no uncertain terms, that the 
     authority to tax under the Constitution of the United States 
     is retained by the people who, by their consent alone, do 
     delegate such power to tax explicitly to those duly elected 
     representatives in the legislative branch of government whom 
     they choose, such representatives being directly responsible 
     and accountable to those who have elected them; and
       Whereas, several states have petitioned the United States 
     Congress to propose an amendment to the Constitution of the 
     United States of America; and
       Whereas, the amendment was previously introduced in 
     Congress; and
       Whereas, the amendment seeks to prevent federal courts from 
     levying or increasing taxes without representation of the 
     people and against the peoples' wishes: Now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring: That the Congress of the United States prepare 
     and submit to the several states an amendment to the 
     Constitution of the United States to add a new article 
     providing as follows: ``Neither the Supreme Court nor any 
     inferior court of the United States shall have the power to 
     instruct or order a state or a political subdivision thereof; 
     or an official of such a state or political subdivision, to 
     levy or increase taxes''; and
       That this application for an amendment to the Constitution 
     is a continuing application in accordance with Article V of 
     the Constitution of the United States; and
       That the house clerk transmit copies of this resolution to 
     the President and Vice President of the United States, the 
     Speaker of the United States House of Representatives, and 
     each member of the New Hampshire Congressional delegation.
                                  ____

       POM-532. A resolution adopted by the Council of the City of 
     Cincinnati, Ohio relative to the Individuals with 
     Disabilities Education Act; to the Committee on Health, 
     Education, Labor, and Pensions.
       POM-533. A joint resolution adopted by the Legislature of 
     the State of Tennessee relative to proposed ergonomics 
     standards; to the Committee on Health, Education, Labor, and 
     Pensions.

                    Senate Joint Resolution No. 610

       Whereas, Tennessee has enacted a comprehensive workers' 
     compensation system with incentives to employers to maintain 
     a safe workplace, to work with employees to prevent workplace 
     injuries, and to compensate employees for injuries that 
     occur; and
       Whereas, Section 4(b)(4) of the Federal Occupational Safety 
     and Health Act, 29 U.S.C. Sec. 653(b)(4), provides that 
     ``Nothing in this chapter shall be construed to supersede or 
     in any manner affect any workmen's compensation law or to 
     enlarge or diminish or affect in any other manner the common 
     law or statutory rights, duties or liabilities of employers 
     and employees under any law with respect to injuries, 
     diseases, or death of employees arising out of, or in the 
     course of, employment.''; and
       Whereas, The Occupational Safety and Health Administration 
     (``OSHA''), notwithstanding this statutory restriction and 
     the constitutional, traditional and historical role of the 
     states in providing compensation for injuries in the 
     workplace, has nevertheless published a proposed rule that, 
     if adopted, would substantially displace the role of the 
     states in compensating workers for musculoskeletal injuries 
     in the workplace and would impose far-reaching requirements 
     for implementation of ergonomics programs; and
       Whereas, The proposed rule creates in effect a special 
     class of workers' compensation benefits for ergonomic 
     injuries, requiring payment of up to six months of wages at 
     ninety percent (90%) of take-home pay and one hundred percent 
     (100%) of benefits for absence from work; and
       Whereas, The proposed rule would allow employees to bypass 
     the system of medical treatment provided by Tennessee law for 
     workers' compensation injuries and to seek diagnosis and 
     treatment from any licensed health care provider paid by the 
     employer; and
       Whereas, The proposed rule would require employers to treat 
     ergonomic cases as both workers' compensation cases and OSHA 
     cases and to pay for medical treatment under both; and
       Whereas, The proposed rule could force all manufacturers to 
     alter workstations, redesign facilities or change tools and 
     equipment, all triggered by the report of a single injury; 
     and
       Whereas, The proposed rule would require all American 
     businesses to become full-time experts in ergonomics, a field 
     for which there is little if any credible evidence and as to 
     which there is an ongoing scientific debate; and
       Whereas, The proposed rule would cause hardship on 
     businesses and manufacturers with costs of compliance as high 
     as eighteen billion dollars ($18,000,000,000) annually, 
     without guaranteeing the prevention of a single injury; and
       Whereas, The proposed rule may force businesses to make 
     changes that would impair efficiency in distribution centers; 
     and
       Whereas, This proposed rule is premature until the science 
     exists to understand the root cause of musculoskeletal 
     disorders, OSHA should not rush to make rules that are likely 
     to result in a loss of jobs without consensus in the 
     scientific and medical communities as to what causes 
     repetitive-stress injuries, and medical researchers must 
     answer fundamental questions surrounding ergonomics before 
     government regulators impose a one-size-fits-all solution: 
     Now, therefore, 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 take all necessary 
     measures to prevent the proposed ergonomics rule from taking 
     effect; and be it further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the Speaker and

[[Page S6470]]

     the Clerk of the United States House of Representatives; the 
     President and the Secretary of the United States Senate; and 
     to each member of the Tennessee Congressional delegation.
                                  ____

       POM-534. A resolution adopted by the Legislature of Guam 
     relative to the Earned Credit; to the Committee on 
     Appropriations.

                           Resolution No. 316

       Whereas, Guam's economy has been in a prolonged recession 
     for several years as a result of the Asian economic crisis 
     and a reduction of military spending on Guam, resulting in 
     drastically reduced government revenues; and
       Whereas, Guam's working poor have not received their 
     deserved Earned Income Tax Credit benefit over the last two 
     (2) years during an especially bad time for them to go 
     without this money; and
       Whereas, in the distant past Federal funds have been used 
     to pay for these purposes; and
       Whereas, because of Guam's tax structure, funds for the 
     Earned Income Tax Credit would come out of Guam's local 
     treasury, not Federal sources, unlike in the case of state 
     governments, who do not have to pay for the Earned Income Tax 
     Credit: Now therefore, be it
       Resolved, That I Mina'Bente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request assistance from the United States Congress to 
     appropriate Thirty-five Million Dollars ($35,000,000) for the 
     purpose of paying for the Earned Income Tax Credit already 
     owed to Guam's working poor; and be it further
       Resolved, That I Mina'Bente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request assistance from the United States Congress to 
     appropriate funds annually for the continuing funding of the 
     Earned Income Tax Credit Program; and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attests to, the adoption hereof and that copies of 
     the same be thereafter transmitted to the Honorable William 
     Jefferson Clinton, President of the United States of America; 
     to the Honorable Albert Gore, Jr., President of the U.S. 
     Senate; to the Honorable J. Dennis Hastert, Speaker of the 
     U.S. House of Representatives; to the Honorable Frank H. 
     Murkowski, U.S. Senate; to the Honorable Don Young, U.S. 
     Senate; to the Honorable Robert A. Underwood, Member of 
     Congress, U.S. House of Representatives; and to the Honorable 
     Carl T.C. Gutierrez, I Magna'lahen Guahan.
                                  ____

       POM-535. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to the Ricky Ray 
     Hemophilia Relief Fund Act; to the Committee on 
     Appropriations.

                       House Joint Resolution 20

       Whereas, Congress passed the Ricky Ray Hemophilia Relief 
     Fund Act of 1998; and
       Whereas, the Ricky Ray Hemophilia Relief Fund Act was 
     passed to provide for compassionate payments to individuals 
     with blood-clotting disorders, such as hemophilia, who 
     contracted the human immunodeficiency virus due to 
     contaminated blood products; and
       Whereas, in its review of the events surrounding the HIV 
     infection of thousands of people with blood-clotting 
     disorders, such as hemophilia, a 1995 study, entitled ``HIV 
     and Blood Supply'', of the Institute of Medicine found a 
     failure of leadership and an inadequate institutional 
     decision-making process in the system responsible for 
     ensuring blood safety, concluding that a failure of 
     leadership led to less than effective donor screening, weak 
     regulatory actions, and insufficient communication to 
     patients about the risk of AIDS; and
       Whereas, this legislation, named after a teen-age 
     hemophiliac who died from AIDS, was enacted to provide 
     financial relief to the families of hemophiliacs who were 
     devastated by the federal government's policy failure in its 
     handling of the AIDS epidemic; and
       Whereas, now that the relief bill has been signed into law 
     by the President, Congress has been reticent to fund it: Now, 
     therefore, be it
       Resolved by the Senate and House of Representatives in 
     General Court convened: That the New Hampshire general court 
     hereby urges Congress to fully fund the Ricky Ray Hemophilia 
     Relief Fund, enacted into law under the Ricky Ray Hemophilia 
     Relief Fund Act of 1998, in 1999 so that there is no delay 
     between the authorization and timely appropriation of this 
     relief; and
       That copies of this resolution signed by the governor, the 
     speaker of the house of representatives, and the president of 
     the Senate be forwarded by the house clerk to the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, the President of the United States 
     and to each member of the New Hampshire congressional 
     delegation.
                                  ____

       POM-536. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the Sterling Forest, New 
     York; to the Committee on Appropriations.

                      Assembly Resolution No. 106

       Whereas, Sterling Forest, located in southern New York and 
     northern New Jersey, is one of the last major undeveloped 
     areas in the New York City metropolitan area; and
       Whereas, Two important northern New Jersey drinking water 
     sources, the Monksville Reservoir and the Wanaque Reservoir, 
     are fed in part by streams with headwaters in Sterling 
     Forest, and these reservoirs supply drinking water to more 
     than two million people; and
       Whereas, The State of New Jersey, particularly Passaic 
     county, has already taken action to acquire the approximately 
     2,000 acres of Sterling Forest lying within New Jersey, but 
     the major portion of the forest lies within New York; and
       Whereas, In February 1998, the State of New York, with the 
     assistance of the Palisades Interstate Park Commission, 
     purchased 15,280 acres of land to create Sterling Forest 
     State Park at a cost of $55 million, of which sum $10 million 
     was contributed by the State of New Jersey, $17.5 million was 
     contributed by the federal government, $11.5 million was 
     contributed by various private organizations and individuals, 
     and $16 million was contributed by the State of New York; and
       Whereas, Notwithstanding that purchase, for various reasons 
     significant acreage located in several critical areas of 
     Sterling Forest was not acquired at that time; and
       Whereas, In February 2000, Governor Pataki of New York 
     announced the purchase of 868 acres and an agreement to 
     purchase an additional 1,100 acres of critically important 
     land as part of a major expansion of Sterling Forest State 
     Park; and
       Whereas, The proposed purchase of 1,100 acres will cost $8 
     million, of which sum the State of New York will contribute 
     $4 million, Governor Whitman of New Jersey has announced that 
     the State of New Jersey will contribute $1 million, and, with 
     respect to the remainder, Governor Pataki has requested 
     funding therefor from the federal government and will seek 
     additional financial assistance from various private 
     partners: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The federal government is respectfully memorialized to 
     provide additional funding to assist in the purchase and 
     preservation of certain portions of Sterling Forest in the 
     State of New York.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States, the Vice President of the United States, the Speaker 
     of the United States House of Representatives, the Majority 
     and Minority Leaders of the United States Senate and the 
     United States House of Representatives, every Member of 
     Congress elected from the State of New Jersey and from the 
     State of New York, the Secretary of the United States 
     Department of Agriculture, the Secretary of the United States 
     Department of the Interior, the Governor of the State of New 
     York, the Palisades Interstate Park Commission, and the New 
     Jersey District Water Supply Commission.
                                  ____

       POM-537. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to the Balanced Budget 
     Act of 1997; to the Committee on Finance.

                       House Joint Resolution 22

       Whereas, the Medicare program has made medical services 
     available to millions of senior and disabled citizens since 
     its inception in 1965; and
       Whereas, the success of the Medicare program relies on a 
     fair and responsible partnership between the public and 
     private sector to provide appropriate medical services for 
     all eligible individuals; and
       Whereas, the Balanced Budget Act of 1997 included the most 
     comprehensive reforms to the Medicare program since its 
     passage, resulting in a range of unintended consequences that 
     are affecting the New Hampshire medical service delivery 
     system accessed by our most frail and needy citizens and 
     provided through hospitals, skilled nursing facilities, and 
     home health agencies; and
       Whereas, the Medicare revenue reductions projected by the 
     Balanced Budget Act were intended only to slow the growth of 
     Medicare expense, but have actually resulted in a reduction 
     of Medicare expense that brings the 1999 expense below that 
     of 1997 despite inflation factors of 3-5 percent during that 
     time; and
       Whereas, New Hampshire Medicare reimbursement to hospitals 
     will be reduced by as much as an additional $200,000,000 over 
     the next 4 years above the reductions already experienced; 
     and
       Whereas, New Hampshire home health agencies reimbursement 
     has been reduced by $24,000,000 to date and will be reduced 
     by an additional 15 percent of the present Medicare 
     reimbursement by October 1, 2001; and
       Whereas, further reductions will seriously damage both 
     beneficiary access to care and the ability of providers to 
     continue to provide needed levels of service; and
       Whereas, the ameliorative measures prescribed by the 
     Balanced Budget Refinement act of 1999 provide too little 
     relief, restoring less than 10 percent of the reduction of 
     Medicare revenue resulting from the Balanced Budget Act of 
     1997: Now, therefore, be it
       Resolved by the Senate and the House of Representatives in 
     General Court convened: That the President of the United 
     States and Congress instruct the Health Care Financing 
     Administration and its fiscal intermediaries that the 
     legislative intent under the Balanced Budget Act of 1997 has 
     been accomplished; and

[[Page S6471]]

       That the President of the United States and Congress act to 
     eliminate further Medicare revenue reductions of the Act and 
     thereby protect beneficiaries' access to quality care when 
     needed; and
       That copies of this resolution, signed by the President of 
     the Senate and the Speaker of the House of Representatives, 
     be forwarded by the house clerk to the President of the 
     United States, to the President of the United States Senate, 
     to the Speaker of the United States House of Representatives, 
     and to each member of the New Hampshire Congressional 
     delegation.
                                  ____

       POM-538. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the Internal Revenue 
     Code; to the Committee on Finance.

                       Assembly Resolution No. 48

       Whereas, The Internal Revenue Code currently provides that 
     an individual's personal income tax filing status depends 
     upon whether that individual is considered married or 
     unmarried; and
       Whereas, When a married couple elects the personal income 
     tax filing status of married filing jointly, their incomes 
     are aggregated which often places them in a higher income tax 
     bracket and increases their tax liability; and
       Whereas, There are nearly 21 million working married 
     couples in the United States who, as a result of the current 
     Internal Revenue Code, pay an average of $1,400 more in taxes 
     than an unmarried couple of identical financial means; and
       Whereas, For many Americans, especially for working couples 
     with lower incomes, $1,400 represents a considerable amount 
     of money that could be used for other necessities of life, 
     such as child care, college tuition or retirement savings; 
     and
       Whereas, Many working married Americans view the payment of 
     these higher taxes as a marriage penalty which serves as an 
     incentive to dissolve their marriage; and
       Whereas, Many unmarried working Americans view their 
     marriage penalty as a disincentive to enter into the bonds of 
     marriage, choosing instead to live together outside of 
     marriage; and
       Whereas, Government policy should strengthen families and 
     encourage marriage rather than penalize those who choose to 
     marry; and
       Whereas, It is altogether fitting and proper that the 
     Legislature memorialize the United States Congress to enact 
     H.R. 2456, known as the Marriage Tax Elimination Act, which 
     amends the Internal Revenue Code to provide that married 
     couples may file a combined return under which each spouse is 
     taxed using the rates applicable to unmarried individuals: 
     Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The General Assembly respectfully memorializes the 
     United States Congress to enact H.R. 2456, the Marriage Tax 
     Elimination Act, which would amend the Internal Revenue Code 
     to provide that married couples may file a combined return 
     under which each spouse is taxed using the rates applicable 
     to unmarried individuals. The Marriage Tax Elimination Act 
     would eliminate the marriage penalty tax and bring greater 
     parity between the tax burden imposed on similarly situated 
     working married couples and that placed on couples living 
     outside of marriage. Such an amendment to the Internal 
     Revenue Code will serve to strengthen marriages and families, 
     allow working married couples to retain more of their own 
     resources, reduce their financial pressures, and enable them 
     to provide for other important necessities of life, such as 
     child care, college tuition and retirement savings.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and every member of the United States 
     Congress elected from the State of New Jersey.
                                  ____

       POM-539. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     health plan coverages; to the Committee on Finance.

                        House Resolution No. 380

       Whereas, Pennsylvania ranks second only to Florida in the 
     proportion of the total population of the State that is 65 
     years of age and older; and
       Whereas, In 1997 the Medicare+Choice program was 
     established to expand health plan options by permitting types 
     of plans other than health maintenance organizations to 
     participate in Medicare; and
       Whereas, In response to excess payments made to 
     participating health plans, the Balanced Budget Act of 1997 
     (Public Law 105-33, 111 Stat. 251) enacted payment revisions 
     in the Medicare+Choice program to reduce future excess 
     payments; and
       Whereas, Participating health plans in the Commonwealth of 
     Pennsylvania, such as Highmark Blue Cross, Blue Shield's 
     Security Blue and Aetna/US Healthcare's plan, have either 
     increased rates substantially or reduced benefits; and
       Whereas, Some counties in the Commonwealth of Pennsylvania 
     have been more severely affected by the problems of plan 
     withdrawals, increases in premiums and decreases in benefit 
     packages; and
       Whereas, The Federal Health Care Financing Administration 
     is authorized to review and approve Medicare prepaid health 
     plan rates annually; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize Congress to 
     investigate health insurance premium increases for Medicare 
     health maintenance organization coverage and other types of 
     participating health plan coverage; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-540. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Puerto Rico relative to 
     China; to the Committee on Finance.

                       Senate Resolution No. 3459


                         statement of purposes

       The accession of China to the World Trade Organization 
     (``WTO'') would potentially add $1.6 billion by 2005 to the 
     annual tally of global U.S. exports of grains, oilseeds, 
     oilseed products, and cotton. Much of the $1.6 billion 
     represents direct sales to China in the listed commodities, 
     which would enjoy significantly greater access to the immense 
     Chinese market, and the referenced figure does not take into 
     account other commodities, such as fruit and vegetables, 
     animal products, and tree nuts, which would also enjoy 
     increased access once these duty reductions are implemented.
       To underscore the importance of the Chinese market to the 
     United States economy, it is worth noting that U.S. 
     agricultural exports to China over the past twenty (20) years 
     have grown from negligible levels to $1.1 billion in fiscal 
     year 1999. Estimates of additional exports under China's 
     pending accession to the WTO are based on a preliminary 
     analysis by the U.S. Department of Agriculture's Economic 
     Research Service (``ERS''), which analysis is based on 
     China's WTO commitments under the comprehensive bilateral 
     trade agreement with the United States.
       In its efforts to join the WTO, China has already made 
     significant one-way market-opening accessions across 
     virtually every economic sector, including agriculture, 
     manufactured goods, services, technology, and 
     telecommunications. Farmers, workers and industries from all 
     over the fifty (50) states, as well as U.S. territories and 
     possessions, will greatly benefit from increased access to 
     China's market of over one (1) billion people.
       In agriculture, tariffs on U.S. priority products, such as 
     beef, dairy and citrus fruits, will drop from an average of 
     31% to 14% in January 2004. China will also expand access for 
     bulk agricultural products such as wheat, corn, cotton, 
     soybeans and others; allow for the first time private trade 
     in said products; and eliminate export subsidies. In 
     manufactures, Chinese industrial tariffs will fall from an 
     average of 25% in 1997 to 9.4% in 2005. In information 
     technology, tariffs on products such as computers, 
     semiconductors, and all Internet-related equipment will fall 
     to zero by 2005. In services, China will open markets for 
     distribution, telecommunications, insurance, express 
     delivery, banking, law, accounting, audiovisual, engineering, 
     construction, environmental services, and other industries.
       At present, China severely restricts trading rights, i.e., 
     the right to import and export, as well as the ability to own 
     and operate distribution networks, which are essential in 
     order to move goods and compete effectively in any market. 
     Under the proposed agreement, China will phase in such 
     trading rights and distribution services over three (3) 
     years, and also open up sectors related to distribution 
     services, such as repair and maintenance, warehousing, 
     trucking and air courier services. This will allow American 
     businesses to export directly to China and to have their own 
     distribution network in China, rather than being forced to 
     set up factories in China to sell products through Chinese 
     partners, as has been frequently the case until now.
       At the same time, the proposed agreement offers China no 
     increased access to American markets. The United States 
     agrees only to maintain the market access policies that 
     already apply to China, and have for over twenty (20) years, 
     by making China's current Normal Trade Relations status 
     permanent. WTO rules require that members accord each other 
     such status on an unconditional basis.
       If Congress does not grant China ``Permanent Normal Trade 
     Relations'' status, our European, Asian, Canadian and Latin 
     American competitors will reap the benefits of China's WTO 
     accession, but China would not be required to accord these 
     benefits to the United States.
       In addition to purely economic considerations, China's 
     accession to the WTO will promote reform, greater individual 
     freedom, and strengthen the rule of law in China, which is 
     why the commitments already made represent a remarkable 
     victory for Chinese economic reformers. Furthermore, WTO 
     accession will give the Chinese people greater access to 
     information, and weaken the ability of hardliners in the 
     Chinese government to isolate China's public from outside 
     ideas and influences. In view of these facts, it is not 
     surprising that many of China's and Hong Kong's activists for 
     democracy and human rights--including Martin Lee, the leader 
     of Hong Kong's Democratic Party, and Ren Wanding, a prominent 
     dissident who has spent many years of his life in prison--see 
     China's WTO accession as the most important step toward 
     reform in the past two decades.

[[Page S6472]]

       Finally, WTO accession will increase the chance that in the 
     new century, China will be an integral part of the 
     international system, abiding by accepted rules of 
     international behavior, rather than remain outside the 
     system, denying or ignoring such rules. From the U.S. 
     perspective, PNTR advances the American people's larger 
     interest to bring China into international agreements and 
     institutions that can make it a more constructive player in 
     the current world, with a significant stake in preserving 
     peace and stability.
       For all of the above considerations, the Senate of Puerto 
     Rico joins in urging the President and the Congress of the 
     United States to pass a Permanent Normal Trade Relations 
     (``PNTR'') agreement with China at the earliest possible 
     moment, which will provide American farmers, workers and 
     industries with substantially greater access to the Chinese 
     market, to the ultimate benefit of the U.S. economy in 
     general and the American people in particular.
       Be it resolved by the Senate of Puerto Rico:
       Section 1.--To urge the President and the Congress of the 
     United States to approve a Permanent Normal Trade Relations 
     (``PNTR'') agreement with China at the earliest possible date 
     in order to promote security and prosperity for American 
     farmers, workers and industries by providing substantially 
     greater access to the Chinese market.
       Section 2.-- This Resolution will be officially notified to 
     the Honorable William Jefferson Clinton, President of the 
     United States, to the Honorable Albert Gore, Jr., Vice-
     President of the United States, to the Honorable Trent Lott, 
     United States Senate Majority Leader, and to the Honorable J. 
     Dennis Hastert, Speaker of the United States House of 
     Representatives, as well as selected Members of the United 
     States Congress.
       Section 3.--This Resolution will be publicized by making 
     copies thereof available to the local, state and national 
     media.
       Section 4.--This Resolution will become effective 
     immediately upon its approval by the Senate of Puerto Rico.
                                  ____

       POM-541. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to Internal Revenue Code; 
     to the Committee on Finance.

                   House Concurrent Resolution No. 16

       Whereas, many employees of the state of Louisiana 
     participate in one of the four public retirement systems 
     sponsored by the state, and these employees contribute to the 
     applicable system in order to provide benefits which are 
     payable to their minor children upon the death of any such 
     employee; and
       Whereas, based on federal law, the federal Internal Revenue 
     Service allows five thousand dollars of such death benefits 
     payable from a state retirement system to the children of 
     deceased state employees to be excluded from gross income for 
     the purposes of taxation, but requires any amount of benefits 
     above that sum to be taxed as ``investment income'' under 
     Section 61(a) of the federal Internal Revenue Code, which is 
     contrary to the source and nature of such death benefits; and
       Whereas, in contrast to state employment, there are many 
     more people who are employed in the ``private sector'', who 
     participate in the federal social security system and who pay 
     contributions to that system in order to provide benefits 
     which are payable to their minor children upon the death of 
     any such employee; and
       Whereas, also in contrast to state employment, Section 
     86(a) of the federal Internal Revenue Code provides an 
     exclusion from gross income in an amount equal to one-half of 
     death benefits payable from the social security system to 
     children of deceased private sector employees, with the 
     remaining half being treated as ordinary income, and prior to 
     the 1983 tax year all such benefits were excluded from 
     taxable income; and
       Whereas, it is patently unfair to require a limit of five 
     thousand dollars for the exclusion from income of death 
     benefits payable to the children of public sector employees 
     and to treat all such benefits above that limit as investment 
     income, while simultaneously allowing an exclusion of one-
     half of such benefits payable to children of private sector 
     employees and treating all such benefits above that limit as 
     ordinary income, but not as investment income: Therefore, be 
     it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to amend Section 86(a) 
     of the United States Internal Revenue Code, regarding the 
     children of deceased public sector employees who receive 
     death benefits from a state-sponsored retirement system, to 
     provide those children with an exclusion from gross income 
     equal to one-half of such benefits and to treat all such 
     benefits above that limit as ordinary income, but not as 
     investment income, and thereby bring equality of treatment to 
     children of deceased public and private sector employees; 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-542 A resolution adopted by the City Council of 
     Westfield, Massachusetts relative to Vieques, Puerto Rico; to 
     the Committee on Armed Services.
       POM-543 A petition from a Citizen of the State of Maryland 
     relative to the Environmental Protection Agency; to the 
     Committee on Environment and Public Works.
       POM-544. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to the Clean Air Act; to 
     the Committee on Environment and Public Works.

                       House Joint Resolution 21

       Whereas, the federal Clean Air Act provisions for best 
     available control technology (BACT), lowest achievable 
     emission rate (LAER), and other similar requirements have 
     been applied such that the availability of alternative 
     technology with slightly superior emissions reduction than a 
     base technology could require the use of the alternative 
     technology by all new sources; and
       Whereas, the federal Clean Air Act could require this even 
     if the alternative technology provides only slightly more 
     emissions reduction than the base technology, or the 
     alternative is significantly less reliable, less tested, less 
     used, or less available than the base technology, or if the 
     alternative technology is significantly less cost-effective 
     than the base technology; and
       Whereas, these requirements have sometimes had the effect 
     of delaying the implementation of more cost-effective, more 
     proven technologies with only slightly less emissions 
     reduction, so as to increase the total amount of pollution 
     emitted; and
       Whereas, legal actions regarding the application of these 
     BACT provisions have delayed the construction of at least one 
     low-polluting combined cycle natural gas electric generating 
     facility in New England; and
       Whereas, these undesirable side effects should not be 
     allowed to impede desirable cost-effective emissions 
     reductions that lead to air quality improvements; and
       Whereas, when the United States Environmental Protection 
     Agency issued its new ozone and particulate matter standards 
     in July, 1997, its new standards were accompanied by a 
     message from President Clinton urging that an upper bound be 
     placed on the cost of implementing emission reductions to 
     meet these standards: Now, therefore, be it
       Resolved by the Senate and House of Representatives in 
     General Court convened: That the United States Congress 
     should amend the federal Clean Air Act requirements for best 
     available control technology, lowest achievable emission 
     rate, and other similar requirements, so that cost-effective 
     emissions reductions can be promptly implemented without 
     these undesirable side effects; and
       That the federal Clean Air Act specifically be amended so 
     that the availability of alternative technology with slightly 
     superior emissions reduction than a base technology does not 
     necessarily require the complete replacement of the base 
     technology by the alternative technology, especially if the 
     additional emissions reduction is small compared with the 
     base technology; if the alternative technology is 
     significantly less reliable, less tested, less used, or less 
     available than the base technology; or if the alternative 
     technology is significantly less cost-effective than the base 
     technology; and
       That copies of this resolution signed by the governor, the 
     speaker of the house of representatives, and the president of 
     the senate be forwarded by the house clerk to the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, the President of the United States, 
     the Administrator of the United States Environmental 
     Protection Agency, and to each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-545. A joint resolution adopted by the Legislature of 
     the State of New Hampshire relative to gasoline; to the 
     Committee on Environment and Public Works.

                       House Joint Resolution 24

       Whereas, the United States Environmental Protection 
     Agency's National Blue Ribbon Panel on MTBE has recently 
     examined oxygenates in gasoline in general, and methyl t-
     butyl ether (MTBE) in particular, and has concluded that the 
     oxygenate requirement for gasoline of the federal Clean Air 
     Act should be eliminated and that the use of MTBE in gasoline 
     should be phased out; and
       Whereas, state by state standards for gasoline composition 
     would result in a complex and inefficient regulatory system 
     for fuels, with negative financial effects on refiners and 
     consumers: Now, therefore, be it
       Resolved by the Senate and House of Representatives in 
     General Court convened: That the United States Congress 
     should promptly eliminate the oxygenate requirement for 
     gasoline of the federal Clean Air Act; and
       That the United States Environment Protection Agency should 
     encourage the United States Congress to promptly eliminate 
     the oxygenate requirement for gasoline of the federal Clean 
     Air Act; and
       That the United States Congress and the United States 
     Environmental Protection Agency should work with the 
     northeastern states and with gasoline refiners to promptly 
     develop and approve a consistent, effective regional 
     specification for gasoline containing significantly less or 
     no MTBE additive; and
       That copies of this resolution signed by the governor, the 
     speaker of the house of representatives, and the president of 
     the senate be forwarded by the house clerk to the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, the President of the United States, 
     the Administrator of the United States Environmental 
     Protection Agency,

[[Page S6473]]

     and to each member of the New Hampshire congressional 
     delegation.
                                  ____

       POM-546. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to the Coastal Wetlands 
     Planning, Protection, and Restoration Act Task Force; to the 
     Committee on Environment and Public Works.

                   House Concurrent Resolution No. 12

       Whereas, the Coastal Wetlands Planning, Protection and 
     Restoration Act (CWPPRA), known as the ``Breaux Act'' 
     sponsored by Senator John Breaux, provides approximately $40 
     million per year in federal funding for the Louisiana 
     wetlands protection and restoration projects approved by the 
     CWPPRA Task Force; and
       Whereas, Louisiana's barrier islands are the primary line 
     of defense against waves from the Gulf of Mexico and protect 
     our extensive estuarine system and the mainland marshes; and
       Whereas, barrier islands help keep one of the nation's most 
     productive fisheries vibrant, provide habitat to wildlife and 
     furnish storm protection for homes, roads, waterways, and oil 
     industry infrastructure; and
       Whereas, these barrier islands provide valuable habitat for 
     migratory birds, nesting shorebirds and waterfowl, and 
     aquatic nursery habitats for fish and shellfish; and
       Whereas, restoration is critical to sustaining the barrier 
     islands and reducing mainland marsh loss; and
       Whereas, the erosion and breaching of barrier islands 
     reduces their effectiveness in preventing storm surges from 
     reaching mainland marshes and results in increased wave 
     damage to bay marshes; and
       Whereas, Louisiana, which contains forty percent of the 
     wetlands in the forty-eight contiguous states, is losing 
     between twenty-five and thirty-five square miles of valuable 
     marine habitat a year, mainly due to erosion, subsidence, and 
     other forces; and
       Whereas, the barrier islands are estimated to disappear by 
     about 2018 if nothing is done; and
       Whereas, coastal restoration projects are selected by the 
     CWPPRA Task Force based upon the project's overall impact on 
     coastal restoration; and
       Whereas, the current selection process does not adequately 
     appreciate the full repercussions of barrier island erosion 
     and loss on the entire coastline; therefore be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States and urges the CWPPRA Task 
     Force to support modifying the selection process for projects 
     under the Breaux Act to consider other benefits that barrier 
     island restoration projects provide in addition to vegetated 
     wetland benefits; be it further
       Resolved, That a copy of the Resolution be transmitted to 
     the secretary of the United States Senate and the clerk of 
     the United States House of Representatives, to each member of 
     the Louisiana congressional delegation, and to the chairman 
     of the CWPPRA Task Force.
                                  ____

       POM-547. A resolution adopted by the House of the General 
     Assembly of the State of Rhode Island relative to gasoline; 
     to the Committee on Environment and Public Works.

                            House Resolution

       Whereas, The 1990 amendments to the federal Clean Air Act 
     (CAA) mandated the addition of oxygenates in reformulated 
     gasoline (RFG) 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 Ambient Air Quality 
     Standards, and states that opted into the program; and
       Whereas, Methyl tertiary-butyl ether (MtBE), the most 
     commonly used gasoline oxygenate in the United States and 
     Rhode Island, is being detected in surface and groundwater 
     supplies throughout the United States 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
       Whereas, A ``Blue Ribbon Panel'' of the U.S. Environmental 
     Protection Agency called for the elimination of the federal 
     oxygenate requirement and for the reduction of the use of 
     MtBE in gasoline because of public health concerns associated 
     with MtBE in water supplies; and
       Whereas, The prescriptive requirements in the 1990 Clean 
     Air Act Amendments for oxygenate content restrict the State's 
     ability to address groundwater contamination and air quality 
     issues: Now therefore be it
       Resolved, That the State of Rhode Island and Providence 
     Plantations respectfully urges and requests that the United 
     States Congress remove the requirement in the Clean Air Act 
     for 2% of content by weight oxygenate in reformulated 
     gasoline while maintaining the toxic emissions reductions 
     benefits achieved to date by the RFG program so that 
     additional alternate fuel mixtures may be available for use 
     in Rhode Island; and be it further
       Resolved, That the Secretary of State be and he hereby is 
     authorized and directed to transmit a duly certified copy of 
     this resolution to the Honorable William J. Clinton, 
     President of the United States, the President of the Senate 
     and the Speaker of the House of Representatives of the 
     Congress of the United States and to each member of the Rhode 
     Island Congressional Delegation.
                                  ____

       POM-548. A resolution by the Legislature of the State of 
     New York relative to the Great Lakes; to the Committee on 
     Environment and Public Works.

                         Legislative Resolution

       Whereas, Water is a critical resource that is essential for 
     all forms of life and for a broad range of economic and 
     social activities; and
       Whereas, The Great Lakes support 33 million people as well 
     as a diversity of the plant and animal populations; and
       Whereas, The Great Lakes contain roughly 20% of the world's 
     freshwater and 95% of the freshwater of the United States; 
     and
       Whereas, The Great Lakes are predominantly non-renewable 
     resources with approximately only 1% of their water renewed 
     annually by precipitation, surface water runoff and inflow 
     from groundwater sources; and
       Whereas, The Great Lakes Basin is an integrated and fragile 
     ecosystem with its surface and groundwater resources a part 
     of a single hydrologic system, which should be dealt with as 
     a whole in ways that take into account water quantity, water 
     quality and ecosystem integrity; and
       Whereas, Sound science must be the basis for water resource 
     management policies and strategies; and
       Whereas, Scientific information supports the conclusion 
     that a relatively small volume of water permanently removed 
     from sensitive habits may have grave ecological consequences; 
     and
       Whereas, Single and cumulative bulk removals of water from 
     drainable basins such as interbasin transfers, reduce the 
     resiliency of a system and its capacity to cope with future, 
     unpredictable stresses, including potential introduction of 
     non-native species and diseases to receiving waters; and
       Whereas, There is uncertainty about the availability of 
     Great Lakes water in the future in light of previous 
     variations in climatic conditions, climate change, demands on 
     water--cautions should be used in managing water to protect 
     the resource for the future; and
       Whereas, A report from The International Joint Commission, 
     released March 15, 2000, recommends that Canadian and U.S. 
     federal, provincial and state governments should not permit 
     the removal of water from the Great Lakes Basin unless the 
     proponent can demonstrate that the removal will not endanger 
     the integrity of the Great Lakes Ecosystem; and
       Whereas, Canada has already introduced legislation to amend 
     the Boundary Waters Treaty Act to prohibit bulk water 
     withdrawals from the Great Lakes: Now, therefore, be it
       Resolved, That this Legislative Body pause in its 
     deliberations to urge the New York State Congressional 
     Delegation to effectuate an amendment to the Boundary Waters 
     Treaty Act to prohibit bulk water withdrawals from the Great 
     Lakes to preserve the integrity and environmental stability 
     of the Great lakes; and be it further
       Resolved, That copies of this Resolution, suitably 
     engrossed, be transmitted to each member of the United States 
     Congressional Delegation of the State of New York; to the 
     Vice President of the United States in his capacity as 
     President of the United States Senate; to the Speaker of the 
     United States House of Representatives; to the Clerk of the 
     United States House of Representatives; to the Secretary of 
     the United States Senate; and to the Administrator of the 
     United States Environmental Protection Agency.

                          ____________________