[Congressional Record Volume 147, Number 54 (Thursday, April 26, 2001)]
[Senate]
[Pages S3991-S3993]
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-20. A resolution adopted by the House of the 
     Legislature of the State of Utah relative to Indian Health 
     Services; to the Committee on Appropriations.

                         House Resolution No. 8

       Whereas, since the mid-1980's the Navajo Nation and Indian 
     Health Services have planned the construction of the Red Mesa 
     Health Center and staff quarters to improve access to health 
     care for the 10,000 people residing in southeast Utah and 
     northeast Arizona;
       Whereas, local land users donated 75 acres of land at Red 
     Mesa, Arizona, for the development of the Red Mesa Health 
     Center and staff quarters;
       Whereas, all of the necessary documents including legal 
     surveys and environmental clearance have been completed and 
     the site has been legally withdrawn by the Navajo Nation for 
     the project;
       Whereas, the United States Congress appropriated design 
     funds in fiscal year 2000 for the design of the Red Mesa 
     Health Center;
       Whereas, the Indian Health Services has hired an 
     architectural firm and the project is currently in design;
       Whereas, a construction manager also has been hired to 
     oversee the construction of the project once is it designated 
     and construction funds are appropriated;
       Whereas, the Red Mesa Health Center, when completed, will 
     provide adult and pediatric medical service, diagnosis and 
     laboratory services, short stay nursing beds, dental physical 
     therapy, and 24-hour emergency care;
       Whereas, most of the services that would be provided by the 
     Red Mesa Health Center are currently unavailable in the 
     proposed service area and the local people have to travel to 
     Shiprock, New Mexico, to receive these services;
       Whereas, travel distance to Shiprock for the user 
     population is an average of 60 miles;
       Whereas, Indian Health Services planned the Red Mesa Health 
     Center with 93 units of staff quarters due to the remoteness 
     if the site;
       Whereas, housing availability is critical in the 
     recruitment and retention of medical doctors, nurses, and 
     other health professionals on the Navajo Nation; and
       Whereas, it is vital that the staff quarters to constructed 
     at the same time as the health center in order for the clinic 
     to open with adequate staffing: Now, therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah urges the United States Congress to appropriate $48 
     million in construction funds as part of the Indian Health 
     Services budget for fiscal year 2002 for the Red Mesa Health 
     Center and staff quarters at Red Mesa, Arizona. Be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     Utah's congressional delegation.
       POM-21. A joint resolution adopted by the Legislature of 
     the State of Utah relative to the Presidential tax relief 
     plan; to the Committee on Finance.

                        House Resolution No. 18

       Whereas, federal taxes from all sources are currently the 
     highest ever during peacetime;
       Whereas, all taxpayers should be allowed to keep more of 
     their own money;
       Whereas, one of the best ways to encourage economic growth 
     is to cut marginal tax rates across all tax brackets;
       Whereas, under current tax law, low-income workers often 
     pay the highest marginal rates and President Bush's tax cut 
     would reduce the marginal tax rate by 40-50 percent for low-
     income families with children;
       Whereas, President Bush's tax relief plan will contribute 
     to raising the standard of living for all Americans by 
     reducing tax rates, expending the child tax credit, and 
     reducing the marriage penalty;
       Whereas, President Bush's tax relief plan will increase 
     access to the middle class for hard working families, treat 
     all middle class families more fairly, encourage 
     entrepreneurship and growth, and promote charitable giving 
     and education; and
       Whereas, under President Bush's tax relief plan, the 
     largest percentage reductions will go to the lowest income 
     earners:
       Now therefore, be it Resolved, That the Legislature of the 
     state of Utah urges the United States Congress to support and 
     work to pass the tax relief plan introduced by President 
     Bush.
       Be it further Resolved. That a copy of this resolution be 
     sent to the President of the United States Senate, the 
     Speaker of the United States House of Representatives, and 
     the members of Utah's congressional delegation.
                                  ____

       POM-22. A joint resolution adopted by the Legislature of 
     the State of Utah relative to the repealing, rescinding, and 
     superseding of any and all existing applications to Congress 
     for a constitutional convention previously made; to the 
     Committee on the Judiciary.

                        House Resolution No. 15

       Whereas, the Legislature of the state of Utah, acting with 
     the best of intentions, has, at various times, previously 
     made applications to the Congress of the United States of 
     America for one or more constitutional conventions for 
     general purposes or for the limited purposes of considering 
     amendments to the Constitution of the United States of 
     America on various subjects and for various purposes;
       Whereas, former Justices of the United States Supreme Court 
     and other leading constitutional scholars are in general 
     agreement that a constitutional convention, notwithstanding 
     whatever limitations have been specified in the applications 
     of the several states for a convention, would have within the 
     scope of its authority the complete redrafting of the 
     Constitution of the United States of America, thereby 
     creating an imminent peril to the well-established rights of 
     the people and to the constitutional principles under which 
     we are presently governed;
       Whereas, the Constitution of the United States of America 
     has been amended many times in the history of the nation and 
     may yet be amended many more times, and has been interpreted 
     for 200 years and been found to be a sound document which 
     protects the rights and liberties of the people without the 
     need for a constitutional convention;
       Whereas, there is no need for--rather, there is great 
     danger in--a new constitution, the adoption of which would 
     only create legal chaos in America and only begin the process 
     of another two centuries of litigation over its meaning and 
     interpretation; and
       Whereas, such changes or amendments as may be needed in the 
     present Constitution may be proposed and enacted, pursuant to 
     the process provided therein and previously used throughout 
     the history of this nation, without resort to a 
     constitutional convention: now, therefore, be it
       Resolved, By the Legislature of the state of Utah that any 
     and all existing applications to the Congress of the United 
     States of America for a constitutional convention or 
     conventions heretofore made by the Legislature of the state 
     of Utah under Article V of the constitution of the United 
     States of America for any purpose, whether limited or 
     general, be hereby repealed, rescinded, and

[[Page S3992]]

     canceled and rendered null and void to the same effect as if 
     the applications had never been made; be it further
       Resolved, That the Legislature of the state of Utah urges 
     the legislatures of each and every state which have applied 
     to Congress for either a general or a limited constitutional 
     convention to repeal and rescind the applications; and be it 
     further
       Resolved, That a copy of this resolution be sent to 
     presiding officers of both houses of the legislatures of each 
     of the other states of the Union, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to the members of Utah's 
     congressional delegation.
                                  ____

       POM-23. A joint resolution adopted by the Legislature from 
     the State of Utah relative to a standard national poll 
     closing time; to the Committee on Rules and Administration.

                         House Resolution No. 6

       Whereas, during election night in 2000, television networks 
     made declarations of victory for both candidates for 
     President of the United States before the polls had closed;
       Whereas, in one erroneous declaration, the winner of the 
     eventually decisive state of Florida was announced hours 
     before polls in the western region of the nation were closed 
     and before all polls in western Florida had closed;
       Whereas, when news services declare winners before the 
     nation's polls close, voters in states where polls are not 
     yet closed may conclude that their vote will not affect the 
     outcome and choose not to vote;
       Whereas, releasing the vote count results for states whose 
     polls are closed before the closure of polling places in 
     other regions of the country can distort the results of an 
     election by suggesting that votes not yet cast will have no 
     bearing on the outcome;
       Whereas, in close races like the most recent election of 
     President of the United States, declarations of victory 
     before polls close can affect the outcome of the vote;
       Whereas, a uniform poll closing time would prevent the 
     publicizing of early election returns in one region of the 
     nation from impacting the vote in other regions;
       Whereas, if a uniform poll closing time was established for 
     the Eastern, Central, Mountain, and Pacific time zones, 
     polling places in western regions of the country could open 
     earlier on the morning of election day to compensate for 
     their earlier closing time; and
       Whereas, uniform poll closing times in these time zones 
     would significantly reduce the possibility that an election 
     could be tainted by premature declarations of victory: now, 
     therefore, be it
       Resolved, that the Legislature of the State of Utah urge 
     the United States Congress to institute uniform poll closing 
     times for states in the Eastern, Central, Mountain, and 
     Pacific time zones; be it further
       Resolved, that the United States Congress review the 
     factors that contributed to the problems in the 2000 General 
     Election vote for the Presidency of the United States; and be 
     it further
       Resolved, that a copy of this resolution be presented to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     Utah's congressional delegation.
                                  ____

       POM-24. A joint resolution adopted by the Legislature of 
     the State of Utah relative to the enhancement and 
     modernization of Social Security; to the Committee on 
     Finance.

                         House Resolution No. 2

       Whereas, Social Security is a federal program that requires 
     almost unanimous participation by employed workers in the 
     state of Utah and throughout the United States;
       Whereas, the retirement portion of the Social Security tax 
     is high, having risen from an initial rate of 1% of the first 
     $3,000 of a worker's income, up to a maximum of $30 per year, 
     to the present rate of 12.4% of the first $80,400 of employee 
     wages or self-employment income up to a maximum of $830.80 
     per month or $9,969.60 per year.
       Whereas, the maximum Social Security retirement tax, paid 
     by almost 11 million workers, has risen 5.51% in 2001 over 
     the year 2000, and is now 57% higher than in 1990;
       Whereas, because neither the employee's direct tax 
     contribution to Social Security nor the employer's 
     contribution on the employee's behalf appears on the 
     employee's federal tax return, few employees understand the 
     amount of Social Security retirement tax they actually pay 
     each month;
       Whereas, individuals can estimate their own Social Security 
     tax cost by estimating 1% of annual compensation paid each 
     month--for example, an annual income of $30,000 would yield 
     an estimated monthly Social Security retirement tax cost of 
     $300 per month.
       Whereas, the Social Security retirement tax consumes nearly 
     every dollar that many workers of modest income might 
     otherwise be able to save and invest;
       Whereas, because higher income workers are better able to 
     save and invest over and above the amounts paid in Social 
     Security taxes, escaping Social Security dependence, but 
     modest income workers cannot, the system creates 
     disproportionate dependence on the system by low and middle-
     income workers;
       Whereas, for many lower income American workers, the Social 
     Security retirement tax represents virtually all of the 
     monthly retirement savings they assemble;
       Whereas, with the individual retirement benefit currently 
     ranging from a low of just a few dollars per month to a high 
     of approximately $1,400 per month, and the average monthly 
     retirement benefit currently at about $845 per month, Social 
     Security retirement benefits amount to a below poverty level 
     subsistence for many retirees;
       Whereas, although Social Security was originally intended 
     to merely supplement other core retirement income sources, 
     the high tax rate prohibits many workers from ever adequately 
     saving and investing, and as a consequence, Social Security 
     has become the core retirement income source for many 
     Americans;
       Whereas, national demographics have shifted significantly 
     since the system was created as a part of President 
     Roosevelt's New Deal policies;
       Whereas, in 1945, 41.9 workers supported each retiree, and 
     today just 3.3 workers support each retiree;
       Whereas, the ratio is expected to dwindle to 2 workers per 
     retiree within the next 30 years, making the current system 
     unsustainable;
       Whereas, tax receipts currently exceed benefit payments, 
     yet, Social Security Trustees estimate that benefit payments 
     will exceed tax receipts, producing annual deficits, 
     beginning in approximately 15 years, or the year 2015;
       Whereas, the Social Security Trustees estimate the 
     cumulative annual deficits for years 2015 through 2075 to 
     reach $21.6 trillion;
       Whereas, it is unethical to perpetuate a system that 
     accrues benefits for a current generation of retirees at the 
     expense of younger workers who will likely never collect 
     benefits but will inherit the mounting debt;
       Whereas, the current system is unfair to future retirees 
     because after a lifetime of paying into the system, a worker 
     retains no legal right nor claim to any amount or benefit, 
     but is subject to future congresses who will set the benefit 
     rates;
       Whereas, the current system is unfair to those who die 
     prematurely because it is possible to pay for a lifetime into 
     the system yet draw only minimal benefit or even no benefit 
     prior to death and leave no residual value to any heir;
       Whereas, the current system is unfair to widows and 
     widowers because they must forego either their own benefit or 
     their deceased spouse's benefit (``widow(er)'' benefit), and 
     may claim the widow(er) benefit only after attaining 
     qualification age themselves regardless of the age of the 
     deceased spouse;
       Whereas, the current system is unfair to women who leave 
     employment to raise families because many women in Utah and 
     throughout the United States work and pay retirement taxes 
     into the system for many years but never complete the 
     required 10 years or 40 quarters, before leaving employment, 
     making them ineligible for retirement benefits;
       Whereas, the system is unfair to some ethnic minorities, 
     including African-Americans, whose life expectancies are 
     shorter and will typically collect benefits for a shorter 
     time period;
       Whereas, retirement security is best achieved by regularly 
     saving and investing one's own money over a lifetime of work, 
     and public policy regarding Social Security should support, 
     facilitate, and encourage saving rather than discourage or 
     deter it;
       Whereas, the objective of Social Security privatization is 
     for individual workers to have legal ownership in a 
     retirement asset that can be used and ultimately passed on to 
     heirs;
       Whereas, even with modest return assumptions, the private, 
     individually owned account can be expected to produce a 
     significantly enhanced retirement income;
       Whereas, private individually owned accounts accrue value 
     and future benefits to the workers regardless of future 
     congressional actions;
       Whereas, private, individually owned accounts grow on 
     behalf of the worker whether or not the worker completes 40 
     quarters of contributions;
       Whereas, private, individually owned accounts can be passed 
     on by inheritance to spouses, children, or grandchildren, 
     affording an opportunity for long-term-generational wealth 
     accumulation:
       Whereas, a national system of private, individual accounts 
     can be perpetuated without end and without concern for 
     projected dates of insolvency;
       Whereas, private, individual accounts afford workers the 
     opportunity to select from among multiple investment options, 
     including government bonds or prudent, diversified investment 
     models like those used by large pension or endowment funds;
       Whereas, workers around the world are embracing privatized 
     systems as a workable solution to an overburdened government 
     Social Security program;
       Whereas, the successful pioneer Chilean model was commenced 
     20 years ago with at least seven other Latin American 
     countries following suit;
       Whereas, Great Britain, Australia, and Singapore have also 
     adopted private options, similar reforms are underway in 
     Russia, Hungary, Poland, and Kazakhstan, and the People's 
     Republic of China have embraced a private option with workers 
     contributing one-half of their retirement funds into an 
     individual account system since 1996;
       Whereas, some U.S. workers have enjoyed a private account 
     system as certain municipalities, including Galveston, Texas 
     were allowed to opt out of Social Security in favor of a 
     privatized system prior to 1981; and

[[Page S3993]]

       Whereas, since many Americans are unable to save and invest 
     for retirement beyond the 12.4% payroll tax, a privatized 
     Social Security option may be the only hope for many lower 
     income or economically disadvantaged Americans to achieve 
     financial empowerment and retirement security: now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah urge 
     the United States Congress to enact legislation to allow 
     individual workers to choose to remain in the current system 
     or to select a private account option. Be it further
       Resolved, That the Legislature urge that the legislation 
     not disrupt the benefits paid to existing Social Security 
     recipients. Be it further
       Resolved, That the legislation create private accounts to 
     be owned and controlled by individual employees or workers, 
     allow the individual employee or worker discretion to invest 
     among multiple prudent and diversified investment options, 
     and create minimum guaranteed income, disability, and death 
     benefits in the private account. Be it further
       Resolved, That a copy of this resolution be sent to the 
     Speaker of the United States House of Representative, the 
     President of the United States Senate, and the members of 
     Utah's congressional delegation.
                                  ____

       POM-25. A concurrent resolution adopted by the State of 
     Utah relative to remembering those affected by Cold War 
     nuclear testing; to the Committee on the Judiciary.

                         House Resolution No. 1

       Whereas, January 27, 2001, marks the 50th anniversary of 
     the beginning of nuclear testing at the Nevada test site on 
     January 27, 1951;
       Whereas, many Utahns and many other citizens of the United 
     States of America living downwind of those tests suffered as 
     a result of being ``active participants'' in the nation's 
     nuclear testing program; and
       Whereas, uranium miners in Utah, Colorado, New Mexico, 
     Arizona, and the Navajo Nation whose work fueled the nuclear 
     weapons program also suffered from exposure to radiation: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, designate January 27, 2001, as a 
     Day of Remembrance to recognize the legacy of the Cold War 
     and express hope for peace, justice, healing, reconciliation, 
     and the fervent desire and commitment to assure that such a 
     legacy will never be repeated. Be it further
       Resolved, That the Legislature and the Governor recognize 
     the sacrifices of the downwinders, uranium miners, and all 
     other participants and victims of the Cold War, and their 
     losses due to this tragedy. Be it further
       Resolved, That a copy of this resolution be sent to 
     Downwinders, Inc. and the members of Utah's congressional 
     delegation.
                                  ____

       POM-26. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to the appropriation of funds; 
     to the Committee on Appropriations.

                        House Resolution No. 11

       Whereas, 1.25 million acres of land in the state of Utah is 
     infested with crickets and grasshoppers;
       Whereas, $22.5 million in crop losses have occurred in Box 
     Elder and Tooele counties alone, with an additional $5 
     million in damages in 16 other counties resulting from the 
     infestation;
       Whereas, crickets and grasshoppers have migrated from 
     federal land, where no insecticides were sprayed, to 
     surrounding private lands;
       Whereas, on March 15, 2000, Governor Leavitt issued a 
     declaration of agricultural emergency, sought federal 
     disaster relief, and issued a letter of the United States 
     Department of Agriculture seeking federal commodity credit 
     corporation funds for the relief of affected Utah farmers;
       Whereas, during 1999 and 2000, available state funds and 
     limited federal assistance were used to treat affected lands, 
     but little progress was made because the bulk of the federal 
     assistance came late in the treatment season;
       Whereas, the cricket and grasshopper infestation will be 
     larger in 2001, with continued large economic losses to 
     property owners and agricultural operators;
       Whereas, available state funds will be insufficient to 
     adequately control the situation; and
       Whereas, since the problem originated on federal lands, the 
     federal government should fund a substantial portion of the 
     effort to eliminate the infestation and assist those whose 
     livelihood has been devastated: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urges the United States Congress 
     to provide funds sufficient to relieve Utahans of the 
     devastating economic impact of the state's cricket and 
     grasshopper infestation. Be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the United States 
     Department of Agriculture, and the members of Utah's 
     congressional delegation.
                                  ____

       POM-27. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to environmental preservation; 
     to the Committee on Energy and Natural Resources.

                         House Resolution No. 3

       Whereas, the existence of Glen Canyon Dam and Flaming Gorge 
     Dam has allowed the seven Colorado River Basin states to 
     share and cooperatively plan for the beneficial use of water 
     for millions of citizens;
       Whereas, Lake Powell and Flaming Gorge Reservoir provide 
     water regulation and flood control capability in the Colorado 
     River system for the citizens of the seven states;
       Whereas, electric generating facilities at Glen Canyon Dam 
     and Flaming Gorge Dam provide electricity to more than a 
     million households;
       Whereas, millions of visitors annually enjoy the 
     recreational amenities and world-renown fisheries at Lake 
     Powell and Flaming Gorge Reservoir; and
       Whereas, the construction of the Glen Canyon Dam and the 
     Flaming Gorge Dam has created a rich riparian habitat below 
     the dams that did not previously exist: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, urge the United States Congress 
     and the Department of Interior officials to recognize and 
     protect the water, power, recreation, and environmental 
     benefits of Lake Powell and Flaming Gorge Reservoir, and the 
     water regulation and flood control benefits to United States 
     citizens from Glen Canyon Dam and Flaming Gorge Dam. Be it 
     further
       Resolved, That the Legislature and the Governor urge the 
     United States Congress and Department of Interior officials 
     to oppose any effort to breach or remove Glen Canyon Dam or 
     Flaming Gorge Dam, or drain Lake Powell or Flaming Gorge 
     Reservoir. Be it further
       Resolved, That the Legislature and the Governor urge 
     Congress and Department of Interior officials to prohibit the 
     use of federal funds for any studies concerning the breaching 
     or removal of Glen Canyon Dam, Flaming Gorge Dam, Lake 
     Powell, or Flaming Gorge Reservoir. Be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the members of Utah's 
     congressional delegation, and Department of Interior 
     officials.
                                  ____

       POM-28. A joint resolution adopted by the Legislature of 
     the State of Maine relative to Support Pay Equity; to the 
     Committee on Health, Education, Labor, and Pensions.

                            Joint Resolution

       Whereas, the average American woman who works full time 
     earns approximately 74 cents for each dollar that an average 
     man earns working full time, and the average woman working 
     full time in Maine earns approximately 73 cents for each 
     dollar that an average man working full time in Maine earns; 
     and
       Whereas, the significant pay gap between men and women 
     performing jobs of comparable skill, effort and 
     responsibility, even when wages are adjusted for levels of 
     education, contributes to the disproportionately high poverty 
     rate among women and children in the State and across the 
     Nation; and
       Whereas, Congress has found that the gender-based wage gap 
     depresses living standards for American women and their 
     families, harms their health and efficiency, prevents the 
     maximum utilization of available labor resources and tends to 
     cause labor disputes, thereby burdening, affecting and 
     obstructing commerce and creating unfair methods of 
     competition; and
       Whereas, justice requires that women be paid fairly for the 
     value of their work; and
       Whereas, the average wage gap between men and women has 
     continued for decades without significant improvement, 
     notwithstanding federal and state laws that prohibit 
     discrimination in compensation for equal work on the basis of 
     sex, including the federal Fair Labor Standards Act of 1938, 
     Title VII of the federal Civil Rights Act of 1964 and the 
     Maine Revised Statutes, Title 26, section 628; now, 
     therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States and the 
     Congress of the United States strengthen efforts to ensure 
     that women are paid fairly for their work; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable George W. Bush, 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 Maine Congressional Delegation.

                          ____________________