[Congressional Record (Bound Edition), Volume 148 (2002), Part 4]
[Senate]
[Pages 4570-4572]
[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-222. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania relative to 
     Ronald Reagan Day; to the Committee on the Judiciary.

                        House Resolution No. 411

       Whereas, Ronald Wilson Reagan, a man of humble background, 
     worked throughout his life serving freedom and advancing the 
     public good as an entertainer, union leader, corporate 
     spokesperson, Governor of California and President of the 
     United States; and
       Whereas, Ronald Reagan served with honor and distinction 
     for two terms as the 40th President of the United States and 
     earned the confidence of three-fifths of the electorate in 
     his reelection carrying 49 of the 50 states in the general 
     election, a record unsurpassed in the history of American 
     presidential elections; and
       Whereas, At the time of Ronald Reagan's first inauguration 
     in 1981, our nation confronted sustained inflation and high 
     unemployment; and
       Whereas, President Reagan's administration worked in a 
     bipartisan manner to enact his bold agenda of restoring 
     accountability and common sense to Government, leading to 
     unprecedented economic expansion and opportunity for millions 
     of Americans; and
       Whereas, President Reagan's commitment to an active social 
     policy agenda for the nation's children reduced crime and 
     drug use in our neighborhoods; and
       Whereas, President Reagan's commitment to our armed forces 
     restored national pride and respect for values which were 
     cherished and shared by the free world and readied America's 
     military defenses; and
       Whereas, President Reagan's vision of ``peace through 
     strength'' led to the end of the Cold War and the ultimate 
     demise of the Soviet Union, guaranteeing basic human rights 
     for millions of people; and
       Whereas, On February 6, 2002, President Reagan reaches 91 
     years of age, and we honor our nation's oldest living former 
     president as a great American who restored pride and faith in 
     our country; therefore be it
       Resolved, That the House of Representatives designate 
     February 6, 2002, as ``Ronald Reagan Day'' in this 
     Commonwealth; and be if 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-223. A joint resolution adopted by the General Assembly 
     of the Commonwealth of Virginia relative to the Individuals 
     with Disabilities Education Act; to the Committee on 
     Appropriations.

                     House Joint Resolution No. 30

       Whereas, the Education for All Handicapped Children's Act, 
     commonly known as P.L. 94-142, was enacted on November 29, 
     1975; and
       Whereas, in 1990 the Education for All Handicapped 
     Children's Act was renamed and reauthorized as the 
     Individuals with Disabilities Education Act (IDEA), P.L. 101-
     476; and
       Whereas, this federal law entitles disabled children to a 
     free appropriate public education in the least restrictive 
     environment; and
       Whereas, as a result of this law, millions of children with 
     disabilities attend public schools today, and steady progress 
     has been made in their education, enabling many of them to 
     complete high school and college; and
       Whereas, special education has, however, historically been 
     underfunded by the federal government since the enactment of 
     the original mandates in 1975; and
       Whereas, the law stipulates that the maximum federal grant 
     is 40 percent of the national costs of public elementary and 
     secondary education and Congress established its intention to 
     meet this goal by 1980; and
       Whereas, in fact, 34 C.F.R. Sec. 300.701(b) provides that 
     the maximum amount of the grant that may be received by the 
     states is the number of children with disabilities aged 3 
     through 21 in the state who are receiving special education 
     and related services, multiplied by 40 percent of ``the 
     average per-pupil expenditure in public elementary and 
     secondary schools in the United States''; and
       Whereas, by 1982 federal funding to defray state and local 
     costs of implementing the law was approximately 40 percent of 
     the total national costs of special education programs and 
     services; and
       Whereas, in 1997, however, IDEA was significantly revised 
     by Congress to add new federal mandates that substantially 
     increased the costs of special education in Virginia and 
     across the nation; and
       Whereas, although the federal government has committed 
     itself to providing 40 percent of the average per pupil 
     expenditure for funding special education programs in public 
     elementary and secondary schools, the current funding 
     provided to Virginia for special education is only 
     approximately 12 percent of the actual costs to the 
     Commonwealth and its localities; and
       Whereas, in 1995 the federal government passed the 
     ``Unfunded Mandates Reform Act of 1995,'' P.L. 104-4, 
     providing that ``the Federal Government should not shift 
     certain costs to the States, and the States should end the 
     practice of shifting costs to local governments, which forces 
     many local governments to increase property taxes''; and
       Whereas, because special education programs and services 
     are very expensive, and federal funding has consistently been 
     inadequate, states and localities have been bearing great 
     fiscal burdens for these federally mandated programs; and
       Whereas, the federal government should honor its commitment 
     to fund special education and its obligation to avoid 
     shifting the costs for federal mandates to state and local 
     governments; now, therefore, be it
       Resolved by the House of Delegates, the Senate Concurring, 
     That the Congress of the United States be urged to honor its 
     commitment to fully fund the federal share of the special 
     education costs required by the Individuals with Disabilities 
     Education Act, P.L. 105-17, as amended, at the 40 percent 
     level; and, be it
       Resolved further, That Congress be encouraged to move the 
     Individuals with Disabilities Education Act to the mandatory-
     spending category; and, be it
       Resolved finally, That the Clerk of the House of Delegates 
     transmit copies of this resolution to the Speaker of the 
     United States House of Representatives, the President of the 
     United States Senate, and the members of the Virginia 
     Congressional Delegation in order that they may be apprised 
     of the sense of the General Assembly of Virginia in this 
     matter.
                                  ____

       POM-224. A concurrent resolution adopted by the Legislature 
     of the State of South Dakota relative to the Black Hills 
     National Forest; to the Committee on Energy and Natural 
     Resources.

                  House Concurrent Resolution No. 1018

       Whereas, catastrophic wildfires not only cause 
     environmental damage to forests and other lands but place the 
     lives of firefighters at risk and pose threats to human 
     health, personal property, sustainable ecosystems, wildlife 
     habitat, air quality, and water quality; and
       Whereas, the seriousness of the fire risk in the national 
     forests has been well documented by both the General 
     Accounting Office and the United States Forest Service; and
       Whereas, research and experience have shown that forest 
     management, including thinning, forest restoration, grazing, 
     measures to control insects and disease, and small-scale 
     prescribed burning, can be an effective long-term strategy 
     for reducing the risk of catastrophic wildfires and insect 
     epidemics, especially in ponderosa pine forests, such as the 
     Black Hills National Forest; and
       Whereas, the mountain pine beetle epidemic now occurring in 
     the Black Hills National Forest has already increased the 
     risk of forest fires in the Black Hills, possibly endangering 
     the lives and property of the citizens of South Dakota; and

[[Page 4571]]

       Whereas, the national forests are the property of all the 
     residents of the United States, but the residents who live 
     the closest to the national forests are the ones who will be 
     the most impacted by decisions about how to manage those 
     national forests; and
       Whereas, since the inception of the National Forest System, 
     its supporters have recognized the importance of the support 
     of local residents; and
       Whereas, local governments and residents of South Dakota 
     now find themselves extremely frustrated at the failure of 
     the Forest Service to deal proactively with the mountain pine 
     beetle epidemic in the Black Hills, and especially with the 
     Forest Service's inclination to base decisions more on 
     directives and policies from Washington, D.C., than on the 
     management needs of the Black Hills National Forest or the 
     concerns and issues of local communities and governments in 
     South Dakota; and
       Whereas, a measure of this frustration has been the 
     overwhelming support for the concepts embodied in House Bill 
     1236, which was introduced during the 2002 Session of the 
     South Dakota Legislature: Now, therefore, be it
       Resolved, by the House of Representatives of the Seventy-
     seventh Legislature of the State of South Dakota, the Senate 
     concurring therein, that, in the interest of protecting the 
     health and integrity of United States forests, wildlife 
     habitats, watersheds, air quality, human health and safety, 
     and private property, the United States should redefine its 
     working relationship with state and local governments, 
     communities, and residents of South Dakota to ensure that the 
     people who will be the most affected by United States Forest 
     Service decisions will receive the highest level of 
     consideration in those decisions; and be it further
       Resolved, That the United States Forest Service should (1) 
     Fully implement the Western Governors Association 
     ``Collaborative 10-year Strategy for Reducing Wildland Fire 
     Risks to Communities and the Environment'' to reduce 
     overabundance of forest fuels that place these resources at 
     high risk of catastrophic wildfire; and (2) Utilize an 
     appropriate mix of fire-prevention activities and management 
     practices including forest restoration, thinning of at-risk 
     forest stands, grazing, selective tree removal and other 
     measures to control insects and pathogens, removal of 
     excessive ground fuels, and small-scale prescribed burns; and 
     be it further
       Resolved, That South Dakota's Congressional Delegation is 
     requested to help enact legislation that will allow the 
     United States Forest Service to implement on-the-ground steps 
     to reduce the risk of catastrophic wildfire in Beaver Park 
     and other high risk areas in the Black Hills National Forest 
     prior to the 2002 fire season; and be it further
       Resolved, That the Black Hills National Forest should be 
     strongly considered for designation as a ``Charter Forest,'' 
     as presented in the President's FY 2003 Budget Request to 
     Congress; and be it further
       Resolved, That the Secretary of State is hereby authorized 
     and directed to forward a copy of this Resolution to the 
     Honorable President of the United States, George W. Bush; the 
     Secretary of Agriculture, Ann Venneman; the United States 
     Forest Service Chief, Dale N. Bosworth; the President of the 
     Senate and the Speaker of the House of Representatives of the 
     United States Congress; and the Congressional Delegation 
     representing the State of South Dakota in the Congress of the 
     United States.
                                  ____

       POM-225. An engrossed resolution adopted by the General 
     Assembly of the State of Wisconsin relative to Puerto Rico; 
     to the Committee on Energy and Natural Resources.

                        Engrossed Resolution 46

       Whereas, in 1898, the United States, aided by a significant 
     number of Puerto Rican citizens, defeated the Spanish in the 
     Spanish-American War; and
       Whereas, the Treaty of Paris signed by the United States on 
     December 10, 1898, and ratified by the United States on 
     February 6, 1899, formally ended the Spanish-American War and 
     established Puerto Rico as a territory of the United States; 
     and
       Whereas, persons born in Puerto Rico have been and are U.S. 
     citizens since 1917 but do not possess full citizenship 
     rights and the people of Puerto Rico do not enjoy 
     representative democracy as a state of the Union or as an 
     independent republic; and, although U.S. citizens, they are 
     not permitted to vote in U.S. presidential elections and have 
     no voting representation in the U.S. Congress; and
       Whereas, despite the fact that over 200,000 Puerto Ricans 
     have fought in all wars participated in by the United States 
     since World War I, including our current war against 
     terrorism, and nearly 2,000 have sacrificed their lives for 
     democratic principles and self-determination, and 4 of them 
     have received the Congressional Medal of Honor, yet they are 
     not allowed to vote for their Commander-in-Chief; and
       Whereas, Puerto Ricans pay all federal taxes except income 
     and estate taxes, but they receive lower levels of federal 
     benefits than residents of the States, and are excluded from 
     or have limited participation in certain federal programs; 
     and
       Whereas, the current status is not helping the economy of 
     Puerto Rico and federal economic policy has fostered 
     dependence, caused massive capital flight, and a tremendous 
     brain drain; and the subsidizing of the present colonial 
     relationship costs U.S. taxpayers approximately $15 billion 
     per year; and
       Whereas, a resolution of the status issue would bring 
     stability and economic development to the island that would 
     sharply reduce or eliminate this burden on our taxpayers; and
       Whereas, ever since the transition to commonwealth status 
     in 1952, the majority of the people of Puerto Rico have 
     sought an end to their status as a ``territory''; and
       Whereas, in over 100 years of U.S. sovereignty, the U.S. 
     government has never formally consulted the American citizens 
     of Puerto Rico on their political status preference, and in 
     1997 the legislature of Puerto Rico formally petitioned the 
     U.S. Congress to respond to the democratic aspirations of the 
     U.S. citizens of Puerto Rico by means of a federally 
     sanctioned plebiscite to be held no later than 1998, and 
     Congress has not yet responded to this petition; and
       Whereas, Puerto Rico has held 2 nonbinding referendums 
     since 1993, and the most recent one indicated that only 0.06% 
     of the population are satisfied with the status quo of being 
     a territorial commonwealth, confirming that there is no 
     longer the consent of the governed for the existing 
     territorial status; and
       Whereas, self-determination means presenting the U.S. 
     citizens of Puerto Rico with an informed choice among valid, 
     noncolonial status alternatives outlined in a clear, 
     unambiguous plebiscite consistent with the U.S. Constitution; 
     and
       Whereas, the state of Wisconsin has a significant Puerto 
     Rican community and an ever-increasing Hispanic population 
     which has and continues to contribute to the state's economy 
     and well-being; and
       Whereas, the experience of the people of Wisconsin in 
     resolving their own territorial status in 1848, after 65 
     years as a territory, makes them sympathetic to the 
     aspirations of the people of Puerto Rico to resolve their own 
     political status; now, therefore, be it
       Resolved by the assembly, That the members of the Wisconsin 
     assembly request that the U.S. Congress and the President of 
     the United States enact legislation that would define the 
     political status options available to the U.S. citizens of 
     Puerto Rico and authorize a plebiscite to provide for Puerto 
     Ricans to make an informed decision regarding the island's 
     future political status; and, be it further
       Resolved, That the members of the Wisconsin assembly 
     request the Wisconsin congressional delegation to actively 
     promote and support timely action on this important national 
     issue; and, be it further
       Resolved, That the assembly chief clerk shall transmit 
     copies of this resolution to the President and Vice President 
     of the United States, the Speaker of the U.S. House of 
     Representatives, the Majority Leader of the U.S. Senate, the 
     Chairman of the U.S. Senate Energy and Natural Resources 
     Committee, the Chairman of the U.S. House of Representatives 
     Resources Committee, and each senator and representative from 
     Wisconsin in the Congress of the United States.
                                  ____

       POM-226. A concurrent resolution adopted by the Senate of 
     the General Assembly of the State of Iowa relative to Upper 
     Mississippi and Illinois River Inland Waterways 
     Transportation System; to the Committee on Appropriations.

                  Senate Concurrent Resolution No. 104

       Whereas, over 360 miles of the Upper Mississippi River and 
     11 navigation locks and dams are contained on the border of 
     or in the state of Iowa; and
       Whereas, there are approximately 70 manufacturing 
     facilities, terminals, and docks on the waterways of Iowa, 
     providing thousands of jobs in this state; and
       Whereas, the construction of the lock and dam system has 
     spurred economic growth and a higher standard of living in 
     the Mississippi and Illinois river basin, and today supplies 
     more than 300 million tons of the nation's cargo, supporting 
     more than 400,000 jobs, including 90,000 in manufacturing; 
     and
       Whereas, more than 60 percent of American agricultural 
     exports including corn, wheat, and soybeans are shipped down 
     the Mississippi and Illinois rivers to foreign markets; and
       Whereas, Iowa agricultural producers, industry, and 
     consumers rely on efficient transportation to remain 
     competitive in a global economy, with efficiencies in river 
     transport offsetting higher costs compared to those incurred 
     by foreign competitors; and
       Whereas, the Upper Mississippi and Illinois lock and dam 
     system annually saves our nation more than $1.5 billion in 
     higher transportation costs; and
       Whereas, approximately 17 million tons of commodities and 
     products including grain, coal, chemicals, and aggregates are 
     annually shipped to, from, and within Iowa by barge, 
     representing $2.7 billion in value; and
       Whereas, shippers moving by barge in Iowa realize an annual 
     savings of approximately $170 million compared to other 
     transportation modes; and
       Whereas, Iowa docks ship commodities and products by barge 
     to 14 states and receives commodities and products from 18 
     states; and

[[Page 4572]]

       Whereas, river transportation is the most environmentally 
     benign form of transporting commodities and products, 
     creating minimal levels of noise pollution, and emitting 35 
     to 60 percent fewer pollutants than trucks or trains, 
     according to the United States Environmental Protection 
     Agency; and
       Whereas, decreasing river transport capacity would add 
     millions of trucks and railcars to our nation's 
     transportation infrastructure, dramatically increasing air 
     pollution, traffic congestion, and highway maintenance costs; 
     and
       Whereas, lakes and wildlife refuges created by the lock and 
     dam system provide habitat and breeding grounds for migratory 
     waterfowl and fish; and
       Whereas, the lakes and 500 miles of wildlife refuge along 
     the Upper Mississippi and Illinois river basin support a $1 
     billion-a-year recreational industry, including hunting, 
     fishing, and tourism; and
       Whereas, many of Iowa's locks and dams are more than 60 
     years old and only 600 feet in length, making them unable to 
     accommodate modern barge tows of up to 1,200 feet long, 
     nearly tripling locking times and causing lengthy delays and 
     ultimately increasing shipping costs; and
       Whereas, the expansion and modernization of locks has been 
     proven nationwide as the best method of optimizing 
     efficiency, reducing congestion, and providing for additional 
     safety of inland waterway administration; and
       Whereas, failing to construct 1,200-foot locks will force 
     agricultural producers and industry to use more expensive 
     alternative modes of transportation, including road and rail 
     systems; and
       Whereas, according to the United States Army Corps of 
     Engineers, congestion along the Upper Mississippi and 
     Illinois rivers costs agricultural producers and consumers in 
     the basin $98 million per year in higher transportation 
     costs; and
       Whereas, upgrading the system of locks and dams on the 
     Upper Mississippi and Illinois rivers will provide 3,000 
     construction and related jobs over a 15-year to 20-year 
     period; Now, therefore, be it
       Resolved by the Senate, the House of Representatives 
     concurring, That the General Assembly recognizes the 
     importance of the Upper Mississippi and Illinois Rivers 
     Inland Transportation System to the economic prosperity and 
     ecological vitality of the state, the region, and the nation, 
     and urges the United States Congress to provide immediate 
     funding to modernize its lock and dam infrastructure. Be it 
     further
       Resolved, That the Secretary of the Senate send copies of 
     this concurrent resolution to the President of the United 
     States; the Chief of Engineers and Commander of the United 
     States Corps of Engineers; the President of the United States 
     Senate; the Speaker of the United States House of 
     Representatives; the Chair of the Senate Committee on 
     Commerce, Science, and Transportation; the Chair of the 
     United States Senate Committee on Agriculture, Nutrition and 
     Forestry; the Chair of the House of Representatives Committee 
     on Transportation and Infrastructure; the Chair of the United 
     States House of Representatives Committee on Agriculture; and 
     Iowa's congressional delegation.
                                  ____

       POM-227. A petition from the Republic of the Marshall 
     Islands relative to nuclear testing; to the Committee on 
     Energy and Natural Resources.
       POM-228. A resolution adopted by the City Commission of the 
     City of Coconut Creek, Florida, relative to September 11, 
     2001; to the Committee on the Judiciary.

                          ____________________