[Congressional Record (Bound Edition), Volume 145 (1999), Part 9]
[Senate]
[Pages 12097-12101]
[From the U.S. 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-172. A petition from citizens of the State of Tennessee 
     relative to the President of the United States; ordered to 
     lie on the table.
       POM-173. A resolution adopted by the House of the 
     Legislature of the State of Hawaii relative to the Food 
     Quality Protection Act; to the Committee on Agriculture, 
     Nutrition, and Forestry.

                           Resolution No. 56

       Whereas, the safe and responsible use of pesticides for 
     agricultural, food safety, structural, public health, 
     environmental, and other purposes has significantly advanced 
     the overall welfare of Hawaii's citizens and the environment; 
     and
       Whereas, the 1996 Food Quality Protection Act (FQPA) 
     establishes new safety standards that pesticides must meet to 
     be newly registered or remain on the market; and
       Whereas, FQPA requires the U.S. Environmental Protection 
     Agency (EPA) to ensure that all pesticide tolerances meet 
     these new standards by reassessing one-third of the 9,700 
     current pesticide tolerances by August 1999, and all current 
     tolerances in ten years; and
       Whereas, risk determinations based on sound science and 
     reliable real-world data are essential for accurate 
     decisions, and the best way for EPA to obtain this data is to 
     require its development and submission by the registrants 
     through the data call-in process; and
       Whereas, risk determination made in the absence of 
     reliable, science-based information is expected to result in 
     the needless loss of pesticides and certain uses of other 
     pesticides; and
       Whereas, the needless loss of pesticides and certain 
     pesticide uses will result in fewer pest control options for 
     Hawaii and would be harmful to the economy of Hawaii by 
     jeopardizing agriculture, one of the few industries that has 
     shown great strength during the recent years of the State's 
     flat economy, and fewer pest control options for urban and 
     suburban uses that will result in significant loss of 
     personal property and increased human health concerns; and
       Whereas, the needless loss of pesticides will jeopardize 
     the state and county government's ability to protect public 
     health and safety on public property and to protect our 
     natural environmental resources, for example, from aggressive 
     alien species; and
       Whereas, the flawed implementation of FQPA is likely to 
     result in significant increases in food costs to consumers, 
     thereby putting the nutritional needs of children, the poor, 
     and the elderly at unnecessary risk; and
       Whereas, the Clinton Administration has directed EPA and 
     the U.S. Department of Agriculture (USDA) to jointly work 
     toward implementing FQPA in a manner that assures that 
     children will be adequately protected and that risk 
     determinations related to pesticide tolerances and 
     registrations will be based on accurate, science-based 
     information; and
       Whereas, the cost of developing data to quantify real-world 
     risk is prohibitive and minor use data may not be financed by 
     pesticide registrants and the State, and pesticide users may 
     fund studies to support minor uses: Now, therefore, be it
       Resolved by the House of Representatives of the Twentieth 
     Legislature of the State of Hawaii, Regular Session of 1999, 
     That the U.S. Congress is hereby respectfully requested to 
     direct the Administrator of the EPA to:
       (1) initiate rulemaking to ensure that the policies and 
     standards EPA intends to apply in evaluating pesticide 
     tolerances and making realistic risk determinations are based 
     on accurate information, real-world data available through 
     the data call-in process, and sound science, and are subject 
     to adequate public notice and comment before EPA issues final 
     pesticide tolerance determinations;
       (2) Provide interested persons the opportunity to produce 
     data needed to evaluate pesticide tolerances so that EPA can 
     avoid making faulty final pesticide tolerance determinations 
     based upon unrealistic default assumptions;
       (3) Implement FQPA in a manner that will not adversely 
     disrupt agricultural production nor adversely effect the 
     availability or diversity of the food supply, nor jeopardize 
     the public health or environmental quality through the 
     needless loss of pesticide tolerances for non-agricultural 
     activities;
       (4) Delay the August 1999, deadline until 2001 or until 
     EPA, USDA, industry leaders, and manufacturers can provide 
     science-based data as to use, application, and residue of the 
     pesticides under review; and
       (5) Implement the registration of new crop protection 
     products for minor and major crops; and be it further
       Resolved, That pesticide registrants and EPA are requested 
     to support minor use registrations by reserving a meaningful 
     portion of the risks projected from the use of pesticides or 
     a class of pesticides for minor uses; and be it further
       Resolved, That certified copies of the Resolution be 
     transmitted to the Speaker of the U.S. House of 
     Representatives, the President of the U.S. Senate, members of 
     Hawaii's Congressional Delegation, the Administrator of EPA, 
     the Secretary of the U.S. Department of Agriculture, the 
     Governor of the State of Hawaii, and the President of the 
     American Crop Protection Association.
                                  ____

       POM-174. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to post-harvest treatment 
     of oysters and other shellfish; to the Committee on Health, 
     Education, Labor, and Pensions.

                  House Concurrent Resolution No. 106

       Whereas, American consumers have always enjoyed and 
     depended on the availability of choice in their consumption 
     of various products, and consumption of oysters and other 
     shellfish have always been a special treat for American 
     consumers throughout the country; and
       Whereas, emerging technologies have made it possible for 
     consumers of oysters and other shellfish to choose between 
     the traditional raw shellfish product and shellfish products 
     which have been treated or pasteurized; and
       Whereas, because a very small segment of American consumers 
     have health considerations which must be weighed while others 
     have concerns about the change in the condition, taste, 
     texture, and price of treated shellfish, the ability to make 
     a choice between these consideration should be maintained; 
     and
       Whereas, America's shellfish industry is heavily populated 
     with small self-employed harvesters and producers for which 
     the added expense of required post-harvest treatment of their 
     product might make the difference between continued operation 
     and a harvester having to find employment in another 
     industry; and
       Whereas, America's oyster and shellfish industry has worked 
     diligently to educate consumers with certain health 
     conditions about the risks associated with the consumption of 
     certain types of shellfish, and these education efforts have 
     been highly successful in the reduction of health impacts 
     from the consumption of shellfish: Therefore be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize the United States Congress to oppose U.S. Food 
     and Drug Administration rules requiring post-harvested 
     treatment of oysters and other shellfish; and 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-175. A resolution adopted by the Legislature of Guam 
     relative to job-training and unemployment; to the Committee 
     on Energy and Natural Resources.

                        Resolution No. 101 (LS)

       Be it resolved by I Liheslaturan Guahan:
       Whereas, Guam is in the midst of a severe economic 
     recession at the same time that the mainland United States is 
     enjoying unprecedented prosperity, with unemployment 
     officially pegged at fourteen percent (14%), but likely 
     higher; and
       Whereas, as a result of the economic crisis in Asia, Guam 
     has seen alarmingly steep declines in tourism arrivals, 
     tourist spending and off-Island investment; and

[[Page 12098]]

       Whereas, major airlines have reduced the number of flights 
     to and from Guam, resulting in major layoffs in those 
     airlines; and
       Whereas, other major businesses on Guam, in all sectors, 
     have also downshzed a considerable number of employees; and
       Whereas, numbers of temporary government of Guam employees 
     are likely to lose their positions over the balance of the 
     year; and
       Whereas, the downsizing of the military presence on Guam 
     has resulted in the loss of thousands of Federal civil 
     service positions on Guam; and
       Whereas, in contrast to the National trend, welfare and 
     food stamp recipients on Guam are increasing; and
       Whereas, the continued decline in government of Guam 
     revenues due to the economic recession extremely limits the 
     ability of the government of Guam to help these thousands of 
     people in need; and
       Whereas, Guam requires more job-training and job-
     partnership programs in order to train our displaced 
     workforce in areas where career development in the private 
     sector is likely and to upgrade work skills for displaced 
     employees, for the purpose of developing long-term private 
     sector careers for our underemployed people; and
       Whereas, the illegal immigration of more than two thousand 
     (2,000) individuals from China further compounds the problem 
     by straining local resources and further limiting the amount 
     of available jobs as a certain number of illegal aliens may 
     be occupying jobs, especially in the construction industry; 
     and
       Whereas, the Compacts of Free Association, which allow for 
     open migration from the Freely Associated States, also have 
     impact in this area during such tough economic times: Now, 
     therefore, be it
       Resolved, That I Mina'Bente Sinko Na Liheslaturan Guahan 
     (Twenty-Fifth Guam Legislature) does hereby, on behalf of the 
     people of Guam, respectfully request the Congress of the 
     United States of America to authorize I Liheslaturan Guahan 
     (Guam Legislature) to appropriate some or all of the Ten 
     Million Dollars ($10,000,000), currently earmarked to Guam 
     for infrastructure costs due to the impact of the Compacts of 
     Free Association, for use in job training and job 
     development, entrepreneurial and business development 
     programs as shall be enacted by the laws of Guam; and be it 
     further
       Resolved, That I Mina'Bente Sinko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the Guam Delegate to the United States House of 
     Representatives to sponsor such amendment to the Department 
     of the Interior Fiscal Year 2000 budget, and fully support 
     this Resolution in the U.S. Congress; 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; to the 
     Honorable Albert Gore, Jr., President of the United States 
     Senate; to the Honorable J. Dennis Hastert, Speaker of the 
     United States House of Representatives; to the Honorable 
     Bruce Babbit, Secretary of the United States Department of 
     the Interior; to the Honorable Robert A. Underwood, Guam 
     Congressional Delegate to the U.S. House of Representatives; 
     and to the Honorable Carl T.C. Gutierrez, I Maga'lahen Guahan 
     (Governor of Guam).
                                  ____

       POM-176. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to the Postal Rate Commission; 
     to the Committee on Governmental Affairs.

                     Senate Joint Resolution 99-027

       Whereas, The United States Postal Service, an agency of the 
     federal government, holds a monopoly on first-class mail and 
     certain bulk mail services and generates annual multi-million 
     dollar surpluses from its services; and
       Whereas, The United States Postal Service has in recent 
     years expanded its activities beyond its core mission of 
     universal mail service to include many competitive and 
     nonpostal related business products and services, such as 
     consumer goods, telephone calling cards, and cellular towers, 
     in direct competition with Colorado private sector 
     enterprises; and
       Whereas, The United States Postal Service has used surplus 
     revenues from universal mail service to expand into these 
     competitive and nonpostal activities with no evidence that 
     these activities benefit the citizens of Colorado by 
     improving regular mail service; and
       Whereas, The United States Postal Service enjoys monopoly 
     advantages in the marketplace over private sector 
     enterprises, with its ability to maintain lower prices for 
     competitive products due to the multi-million dollar 
     surpluses generated from first-class postage; and
       Whereas, The United States Postal Service enjoys many 
     marketplace advantages not available to private sector 
     enterprises, including exemptions from state and local taxes, 
     parking fees, local zoning ordinances, vehicle use taxes, 
     vehicle licensing fees, and other state and local government 
     regulations, that deprive Colorado state and local 
     governments of needed revenue and fees to offset the effect 
     of the United States Postal Service's operations on highways, 
     law enforcement, and air quality; and
       Whereas, The Postal Rate Commission does not have binding 
     authority over the actions or activities of the United States 
     Postal Service related to setting postal rates, entering new 
     business sectors, or using surplus revenues from first-class 
     mail to compete with the private sector: Now, therefore, be 
     it
       Resolved by the Senate of the Sixty-second General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein, That we, the members of the Sixty-second 
     General Assembly, hereby urge the United States Congress, 
     particularly the members for Colorado's Congressional 
     delegation, to introduce and pass legislation in the 106th 
     Congress to strengthen the oversight power and the authority 
     of the Postal Rate Commission to include:
       (1) Subpoena power to examine all records and financial 
     data of the United States Postal Service in order to make 
     informed decisions on postal rate increases, pricing actions, 
     and product offerings;
       (2) Jurisdiction and final approval authority on all 
     domestic and international postal rate adjustments; and
       (3) Authority over all competitive and nonpostal business 
     endeavors, including all products and services outside the 
     scope of universal mail service; and be it further
       Resolved, That copies of this Joint Resolution be sent to 
     each member of the United States Congress.
                                  ____

       POM-177. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to post-census local review; 
     to the Committee on Governmental Affairs.

                     Senate Joint Resolution 99-032

       Whereas, The decennial census provides the foundation of 
     our electoral democracy; and
       Whereas, The decennial census represents an immense 
     mobilization of resources; and
       Whereas, The success of the 2000 census depends upon the 
     cost involvement of local governments before, during, and 
     after the census; and
       Whereas, Local governments must have trust in all aspects 
     of the 2000 census, including the final numbers; and
       Whereas, The precensus program known as the ``Local Update 
     of Census Addresses,'' or ``LUCA,'' is a good program but 
     inadequate without a final review; and
       Whereas, Over 21,000 local governments are currently not 
     participating in the LUCA program; and
       Whereas, The Census Bureau involved local governments in a 
     program known as ``Post-Census Local Review'' during the 1990 
     census; and
       Whereas, The Census Bureau has discontinued this valuable 
     program for the 2000 census, to the displeasure of most 
     cities in the United States; and
       Whereas, In the 1990 census, 80,000 households that would 
     otherwise have been missed were added to the final count, 
     despite a 15-day time limit, through Post-Census Local 
     Review; and
       Whereas, Every household missed contributes to the 
     undercount; and
       Whereas, Congress must make every legal effort to have the 
     most accurate census possible; and
       Whereas, Congress is considering legislation, known as the 
     ``Local Quality Control Act,'' H.R. 472, to reinstate the 
     Post-Census Local Review program and give the option to 
     39,000-plus local governments to check for Census Bureau 
     mistakes before the numbers become final; and
       Whereas, The National League of Cities, which represents 
     17,000 cities, enthusiastically supports Post-Census Local 
     Review and H.R. 472; and
       Whereas, The National Association of Towns and Townships, 
     which represents 11,000 mostly rural towns and townships, 
     supports Post-Census Local Review and H.R. 472; and
       Whereas, The National Association of Developmental 
     Organizations, whose members represent approximately 77 
     million Americans, or one-third of the U.S. population, 
     supports Post-Census Local Review and H.R. 472; and
       Whereas, The Secretary of Commerce's Census 2000 Advisory 
     Committee recommended that he reinstate Post-Census Local 
     Review for the 2000 census; and
       Whereas, Without Post-Census Local Review, local 
     governments will not have a final check before the Census 
     Bureau's count of their cities or towns is reported to the 
     President of the United States: Now, therefore, be it
       Resolved by the Senate of the Sixty-second General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein, That the Sixty-Second General Assembly of 
     the State of Colorado hereby declares its support for the 
     immediate passage of Post-Census Local Review legislation, 
     H.R. 472, as an important local government tool to instill 
     trust in the census process and ensure that no households are 
     missed by the Census Bureau in the 2000 census; and be it 
     further
       Resolved, That copies of this Resolution be transmitted to 
     the Speaker of the U.S. House of Representatives, the 
     Majority Leader of the U.S. Senate, the President and Vice-
     President of the United States, the U.S. Secretary of 
     Commerce, and to each member of the congressional delegation 
     from the State of Colorado.

[[Page 12099]]

     
                                  ____
       POM-178. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to the Year 2000 Census; to 
     the Committee on Governmental Affairs.

                     Senate Joint Resolution 99-012

       Whereas, Article I, section 2, clause 3 of the United 
     States Constitution requires an ``actual enumeration'' of the 
     population every ten years, and Congress oversees all aspects 
     of each decennial enumeration; and
       Whereas, The purpose of the decennial census, as set forth 
     in the U.S. Constitution, is to apportion the seats in the 
     U.S. House of Representatives among the several states; and
       Whereas, An accurate and legal decennial census is 
     necessary to perform that function properly; and
       Whereas, An accurate and legal decennial census is 
     necessary to enable states to comply with federal 
     constitutional mandates governing congressional districts and 
     with federal and state constitutional mandates governing 
     state legislative districts; and
       Whereas, In order to ensure an accurate count and to 
     minimize the potential for political manipulation, the actual 
     enumeration mandated by the U.S. Constitution requires a 
     traditional headcount and prohibits statistical estimates of 
     the population; and
       Whereas, Title 13, United States Code, section 195 
     expressly prohibits the use of statistical sampling to 
     enumerate the population for the purpose of reapportioning 
     the U.S. House of Representatives; and
       Whereas, After the constitutional requirement to apportion 
     seats in the U.S. House of Representatives among the states 
     has been satisfied, the states must perform the critical task 
     of redrawing the boundary lines for congressional and state 
     legislative districts, which also requires the use of census 
     data; and
       Whereas, The United States Supreme Court, in Department of 
     Commerce et al. v. United States House of Representatives et 
     al., together with Clinton, President of the United States, 
     et al. v. Glavin et al., ruled on January 25, 1999, that the 
     federal Census Act prohibits the Census Bureau's proposed 
     uses of statistical sampling in calculating population for 
     purposes of apportioning seats in the U.S. House of 
     Representatives; and
       Whereas, In reaching its findings, the U.S. Supreme Court 
     found that the use of statistical sampling to adjust census 
     numbers would result in voters suffering vote dilution in 
     state and local elections, thus violating the constitutional 
     guarantee of ``one person, one vote''; and
       Whereas, The use of statistically adjusted census data 
     would expose the State of Colorado to protracted litigation 
     over congressional and state legislative redistricting plans 
     at great cost to the taxpayers; and
       Whereas, Every reasonable and practical effort should be 
     made to obtain the fullest and most accurate population count 
     possible, including appropriate funding for state and local 
     census outreach and education programs, as well as post-
     census local review: Now, therefore, be it
       Resolved by the Senate of the Sixty-second General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein:
       (1) That the Colorado General Assembly calls on the United 
     States Bureau of the Census to conduct the 2000 decennial 
     census consistent with the U.S. Supreme Court ruling in the 
     Department of Commerce and Glavin cases, which requires a 
     traditional headcount of the population and bars the use of 
     statistical sampling to create or adjust the count.
       (2) That the Colorado General Assembly opposes the use of 
     P.L. 94-171 data for congressional and state legislative 
     redistricting that have been determined in any way through 
     statistical inferences made using random sampling techniques 
     or other statistical methodologies to add or subtract persons 
     from the census counts.
       (3) That the Colorado General Assembly demands that it 
     receive P.L. 94-171 data for congressional and state 
     legislative redistricting identical to the census tabulation 
     data used to apportion seats in the U.S. House of 
     Representatives consistent with the Departmemt of Commerce 
     and Glavin cases, which require a traditional headcount of 
     the population and bar the use of statistical sampling to 
     create or adjust the count.
       (4) That the Colorado General Assembly urges Congress, as 
     the branch of the federal government assigned the 
     responsibility for overseeing the decennial enumeration, to 
     take whatever steps are necessary to ensure that the 2000 
     decennial census is conducted fairly and legally; and be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the Speaker of the U.S. House of Representatives, the 
     Majority Leader of the U.S. Senate, the President and Vice-
     President of the United States, and the Director of the 
     Bureau of the Census in the U.S. Department of Commerce.
                                  ____

       POM-179. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to the redesign study relating 
     to the Cherry Creek Dam; to the Committee on Appropriations.

                     Senate joint Resolution 99-023

       Whereas, The terms ``probable maximum flood'' and 
     ``probable maximum precipitation'' as used by the United 
     States Army Corps of Engineers are misleading terminology 
     because they are both improbable events with respect to the 
     Cherry Creek Basin; and
       Whereas, The United States Army Corps of Engineers has 
     assumed the Cherry Creek Dam will fail following an 
     extraordinarily improbable chain of events; and
       Whereas, The probable maximum precipitation is a 
     theoretical maximum only and has somewhere between a one in 
     one million to a one in one billion chance of occurring in 
     any single year; and
       Whereas, The site specific probable maximum precipitation 
     study completed for the United States Army Corps of Engineers 
     by the National Weather Service has erroneously applied 
     meteorological procedures and fails to include documented 
     historical paleo flood evidence; and
       Whereas, This error is further compounded by the erroneous 
     assumption that the topographic effects of the Palmer Divide 
     will increase the rainfall in the Cherry Creek Basin; and
       Whereas, The probable maximum flood used by the United 
     States Army Corps of Engineers is more than twice the flood 
     estimates prepared by other dam safety officials; and
       Whereas, Probable maximum precipitation estimates in the 
     western United States are typically about 3 times the 100-
     year rainfall event; and
       Whereas, The United States Army Corps of Engineers has used 
     7 times the 100-year rainfall event; and
       Whereas, The United States Army Corps of Engineers and the 
     National Weather Service have refused an independent peer 
     review, even though the Federal Energy Regulatory Commission 
     regularly requires such peer reviews as part of its licensing 
     procedures for hydro power facilities at dams, and the 
     Colorado State Engineer has a similar policy for reviews of 
     probable maximum precipitation studies and is currently in 
     phase II of a study funded by Colorado Senate Bills 94-029 
     and 97-008 to develop an alternative model to predict extreme 
     rainfall amounts for basins above 5,000 feet mean sea level; 
     and
       Whereas, Such an independent peer review panel should 
     consist of local experts in the fields of extreme 
     precipitation and flood hydrology that have knowledge of 
     Colorado's unique climatological conditions; and
       Whereas, The March 5, 1999, ``peer'' review response 
     submitted by the United States Army Corps of Engineers is 
     simply another in-house review prepared by the National 
     Weather Service, is not an independent analysis, and does not 
     address the full range of issues that are typically addressed 
     in a proper independent peer review; and
       Whereas, The proposed construction of upstream dry dams 
     will displace many Coloradans from their homes and businesses 
     and destroy hundreds of acres of active agricultural land and 
     open space; and
       Whereas, Any government agency proposal to spend from $50 
     to $250 million of taxpayer money must be based on data and 
     assumptions that are as accurate as possible; and
       Whereas, Because all alternatives being considered by the 
     United States Army Corps of Engineers will have substantial 
     negative impact on homes and families near the dam and 
     upstream of the dam and adversely affect property values, the 
     cost of any real estate that would properly be condemned 
     should be included in determining the cost of any 
     alternatives considered: Now, therefore, be it
       Resolved by the Senate of the Sixty-second General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein:
       That no further funding of the United States Army Corps of 
     Engineers should be provided for the Cherry Creek Basin Study 
     until the United States Army Corps of Engineers completes on 
     independent peer review of the National Weather Service data 
     in order to determine the appropriate design flood for the 
     Cherry Creek Basin; and be it further
       Resolved, That copies of this joint resolution be sent to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, each member of Colorado's Congressional 
     delegation, the Governor of the State of Colorado, the 
     Commander of the United States Army Corps of Engineers, and 
     the Colorado Water Conservation Board.
                                  ____

       POM-180. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to national missile defense; 
     to the Committee on Armed Services.

                     Senate Joint Resolution 99-029

       Whereas, Colorado is the thirty-eighth state to enter the 
     federal union of the United States of America and is entitled 
     to all the rights, privileges, the obligations that the union 
     affords and requires, including the obligation of the federal 
     government to provide for the common defense; and
       Whereas, The federal government has not provided for the 
     common defense of the United States, including Colorado, 
     against attack by long-range ballistic missiles; and
       Whereas, The United States currently has no defense against 
     long-range ballistic missiles despite possessing 
     sophisticated military installations, such as the NORAD 
     command center in Cheyenne Mountain; and

[[Page 12100]]

       Whereas, The people of Colorado recognize the evolution and 
     proliferation of missile delivery systems and weapons of mass 
     destruction, including nuclear, chemical, and biological 
     weapons, in foreign states such as North Korea, Iran, Iraq, 
     Libya, China, and Russia who are sharing ballistic missile 
     and nuclear weapons technology among themselves; and
       Whereas, There is a growing threat to the United States and 
     its territories, deployed forces, and allies by aggressors in 
     foreign states and rogue nations that are seeking chemical, 
     biological, and nuclear weapons capability and a means to 
     deliver such capability using long-range ballistic missiles; 
     and
       Whereas, On August 31, 1998, without any advance detection 
     by the U.S. intelligence community and to the surprise of the 
     Chairman of the Joint Chiefs of Staff, communist North Korea 
     tested its Taepo Dong 1 Long-Range Ballistic Missile; and
       Whereas, With its estimated range of 3,000 to 6,000 miles, 
     this type of three-stage ballistic missile is capable of 
     reaching the United States, and, if used as a fractional 
     orbital bombardment system, the missile has an unlimited 
     range; and
       Whereas, In 1996, communist China threatened the United 
     States with ballistic missile attack if it intervened in the 
     dispute between China and Taiwan and, in 1995 and 1996, 
     communist China launched ballistic missiles near Taiwan to 
     threaten that country; and
       Whereas, China has conducted at least forty-five nuclear 
     tests, and in 1998, the Central Intelligence Agency reported 
     that thirteen of China's eighteen long-range missiles were 
     targeted at U.S. cities; and
       Whereas, In addition to the long-range ballistic missiles 
     it currently possesses, China is also building new long-range 
     ballistic missiles; and
       Whereas, In 1993, in response to its economic difficulties 
     and decline in conventional military capability, Russia's 
     leaders issued a national security policy placing greater 
     reliance on nuclear deterrence; and
       Whereas, Russia still has over 20,000 nuclear weapons, and 
     the risk of an accident or loss of control over Russian 
     ballistic missile forces could occur with little or no 
     warning to the U.S.; and
       Whereas, Russia poses a risk to the United States as a 
     major exporter of ballistic missile technology, enabling 
     countries hostile to the United States to threaten or attack 
     the United States with ballistic missiles; and
       Whereas, The congressional chartered Commission to Assess 
     the Ballistic Missile Threat to the United States led by 
     former Secretary of Defense Donald Rumsfeld unanimously 
     recommended that the U.S. analyses, practices, and policies 
     that depend on expectations of extended warning of deployment 
     of ballistic missiles be reviewed and, as appropriate, be 
     revised to reflect the reality of an environment in which 
     there may be little or no warning of development and launch 
     of said missiles; and
       Whereas, In March 1999 the United States Congress passed 
     legislation declaring it the policy of the United States to 
     deploy a national missile defense, in recognition of the 
     threats we face: Now, therefore, be it
       Resolved by the Senate of the Sixty-second General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein, That the President, Congress, and the 
     government of the United States are hereby strongly urged:
       (1) To take all actions necessary to provide for the common 
     defense and protect on an equal basis all people, resources, 
     and states of the United States from the threat of missile 
     attack, regardless of the physical location of each state of 
     the union;
       (2) To include all fifty states in every National 
     Intelligence Estimate of missile threat of the United States;
       (3) To take all necessary measures to ensure that all fifty 
     states are protected from weapons delivered by long-range 
     ballistics missiles or by means of terrorists;
       (4) To make the safety and common defense of all fifty 
     states a priority over any international treaty or 
     obligation;
       (5)(a) To deploy a common defense against long-range 
     ballistic missiles capable of providing multiple 
     opportunities to intercept a ballistic missile or 
     intercepting a ballistic missile in its boost phase (its most 
     vulnerable position);
       (b) To deploy a defense fully exploiting the advantages of 
     using defenses in space; and
       (c) To deploy such a defense using accelerated funding and 
     streamlined acquisition procedures to minimize the time for 
     deployment; and
       (6) To hold appropriate Congressional committee hearings 
     that include the testimony of defense experts and 
     administration officials to enable the citizens of the United 
     States to understand the nature and extent of their 
     vulnerability to ballistic missile attack and their level of 
     security against such an attack; and be if further
       Resolved, That copies of this Resolution be sent to the 
     President of the United States; the Vice-president of the 
     United States; the Speaker of the United States House of 
     Representatives; the chairmen of the Appropriations 
     committees of the United States House of Representatives and 
     the United States Senate; the chairmen of the Armed Services 
     committees of the United States House of Representatives and 
     the United States Senate; and each member of the Colorado 
     Congressional delegation.
                                  ____

       POM-181. A joint resolution adopted by the Legislature of 
     the State of Maine relative to reauthorization of the 
     Northeast Interstate Dairy Compact; to the Committee on the 
     Judiciary.

                            Joint Resolution

       Whereas, Maine the nearly 500 dairy farms producing milk 
     valued annually at over $100,000,000; and
       Whereas, maintaining a sufficient supply of Maine-produced 
     milk and milk products is the best interest of Maine 
     consumers and businesses; and
       Whereas, Maine is a member of the Northeast Interstate 
     Dairy compact; and
       Whereas, the Northeast Interstate Dairy Compact will 
     terminate at the end of October 1999 unless action is taken 
     by the Congress to reauthorize it; and
       Whereas, the Northeast Interstate Dairy Compact's mission 
     is to ensure the continued viability of dairy farming in the 
     Northeast and to ensure consumers of an adequate, local 
     supply of pure and wholesome milk; and
       Whereas, the Northeast Interstate Dairy Compact has 
     established a minimum price to be paid to dairy farmers for 
     their milk, which has helped to stabilize their incomes; and
       Whereas, in certain months the compact's minimum price has 
     resulted in dairy farmers receiving nearly 10% more for their 
     milk than the farmers would have otherwise received; and
       Whereas, actions taken by the compact have directly 
     benefited Maine dairy farmers and consumers: Now, therefore, 
     be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the United States Congress reauthorize the 
     Northeast Interstate Dairy Compact; and be it further
       Resolved, That suitable copies of this Memorial, duly 
     authenticated by the Secretary of State, be transmitted 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, each member of the United States Congress who sits as 
     chair on the United States House of Representatives Committee 
     on Agriculture or the United States Senate Committee on 
     Agriculture, Nutrition and Forestry, the United States 
     Secretary of Agriculture and each Member of the Maine 
     Congressional Delegation.
                                  ____

       POM-182. A resolution adopted by the Commission of Knox 
     County, Tennessee relative to the Tennessee Valley Authority; 
     to the Committee on Environment and Public Works.
       POM-183. A concurrent resolution adopted by the General 
     Assembly of the State of Missouri relative to tobacco 
     settlement funds; to the Committee on Finance.

                  Senate Concurrent Resolution No. 14

       Whereas, in late November, 1998, Missouri accepted the 206 
     billion dollar settlement agreement negotiated between 46 
     states and the tobacco industry;
       Whereas, the states' attorneys general crafted the 
     settlement agreement to protect states' interests, consistent 
     with the lawsuits filed on behalf of the states;
       Whereas, the settlement agreement reflects difficult policy 
     decisions and years of effort among the states which bore the 
     risk and expense of litigating their claims against a strong 
     tobacco industry;
       Whereas, the federal government neither participated in nor 
     assisted with the litigation and negotiation of the states' 
     claims, yet now seeks to seize a substantial portion of the 
     resulting payments due to the states;
       Whereas, the federal government bases its claim on federal 
     right to recoupment for medicaid expenses, a claim which was 
     not promoted by the federal government in any litigation 
     prior to the settlement of the states' claims;
       Whereas, by the terms of the settlement, Missouri would 
     receive approximately 6.7 billion dollars by 2025, yet faces 
     an estimated potential loss of 3.9 billion dollars of this 
     amount to the federal government;
       Whereas, Missouri rightfully should determine the best use 
     of the settlement proceeds achieved through state effort, 
     using state resources and motivated by state concerns: Now, 
     therefore, be it
       Resolved by the members of the Missouri Senate and the 
     Ninetieth General Assembly, the House of Representatives 
     concurring therein, That the President of the United States 
     and the members of Missouri's Congressional delegation 
     recognize the effort and resources expended by Missouri to 
     promote and protect its interests throughout the litigation 
     and negotiation of claims against the tobacco industry; and 
     be it further
       Resolved, That the General Assembly of the State of 
     Missouri requests that the President of the United States and 
     the members of Missouri's Congressional delegation protect 
     the proceeds negotiated by Missouri in settlement of its 
     claims by refusing to divert, seize or recoup any portion of 
     the settlement proceeds for federal purposes; and be it 
     further
       Resolved, That the Secretary of the Senate be instructed to 
     provide properly inscribed

[[Page 12101]]

     copies of this resolution to William Jefferson Clinton, 
     President of the United States, to each member of Missouri's 
     Congressional delegation, the Secretary of the United States 
     Senate and the Clerk of the United States House of 
     Representatives.
                                  ____

       POM-184. A concurrent resolution adopted by the General 
     Assembly of the State of Missouri relative to tobacco 
     settlement funds; to the Committee on Finance.

                               Resolution

       Whereas, on November 23, 1998, a historic accord was 
     reached between 46 states, U.S. territories, commonwealths 
     and the District of Columbia and tobacco industry 
     representatives that called for the distribution of tobacco 
     settlement funds to states over the next twenty-five years; 
     and
       Whereas, these funds result from the effort put forth by 
     state attorneys general in which states solely assumed 
     enormous risks and displayed determination to initiate a 
     settlement that will lead to reduced youth smoking and 
     reduced access to tobacco products; and
       Whereas, in the fall of 1997, states were notified by the 
     U.S. Department of Health and Human Services of its intention 
     to ``recoup'' the federal match from funds states received 
     through suits brought against tobacco manufacturers; and if 
     such recoupment takes place, the states will lose one-half or 
     more of the tobacco settlement funds; and
       Whereas, the federal government played no role in the suits 
     brought against tobacco manufacturers or the subsequent 
     settlement agreement and the November 23rd accord makes no 
     mention of Medicaid or federal recoupment; and
       Whereas, the U.S. Department of Health and Human Services 
     has suspended recoupment activities; and
       Whereas, we the members of the Ninetieth General Assembly 
     believe that the suspension on the federal government's 
     recoupment of tobacco settlement funds should be converted 
     into an outright prohibition against the federal government 
     recouping any of the tobacco settlement money; and
       Whereas, we the members of the Ninetieth General Assembly 
     believe that if the federal government recoups any funds 
     received through suits brought against tobacco manufacturers, 
     such recoupment should be immediately returned to the state; 
     and
       Whereas, to prevent the seizure of state tobacco settlement 
     funds when they become available to the states in 2000, an 
     amendment to the Medical statute must be enacted to exempt 
     tobacco settlement funds from recoupment: Now, therefore, be 
     it
       Resolved, That the members of the Missouri House of 
     Representatives of the Ninetieth General Assembly, First 
     Regular Session, the Senate concurring therein, hereby go on 
     record in support of state retention of all state tobacco 
     settlement funds; and be it further
       Resolved, That the members of the Missouri House of 
     Representatives of the Ninetieth General Assembly, First 
     Regular Session, the Senate concurring therein, hereby urge 
     the federal government, in the event recoupment occurs, to 
     return upon receipt any tobacco settlement funds recouped 
     from the state; and be it further
       Resolved, That the members of the Missouri House of 
     Representatives of the Ninetieth General Assembly, First 
     Regular Session, the Senate concurring therein, hereby urge 
     Congress to enact an amendment to the Medicaid statute that 
     would exempt tobacco settlement funds from recoupment; and be 
     it further
       Resolved, That the Chief Clerk of the Missouri House of 
     Representatives be instructed to prepare properly inscribed 
     copies of this resolution for the President of the United 
     States, the entire Missouri Congressional delegation, the 
     Secretary of the United States Senate and the Clerk of the 
     United States House of Representatives.
                                  ____

       POM-185. A petition from the Georgia State Properties 
     Commission relative to a proposed interstate compact between 
     Georgia and South Carolina; to the Committee on the 
     Judiciary.

                          ____________________