Volume 145, No. 59 covering the 1st Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PETITIONS AND MEMORIALS” mentioning the Environmental Protection Agency was published in the Senate section on pages S4343-S4346 on April 28, 1999.
The publication is reproduced in full below:
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-61. A joint resolution adopted by the Legislature of the State of Washington; to the Committee on Appropriations.
House Joint Memorial 4004
Whereas, Prostate cancer is the second most common form of cancer in men; and
Whereas, The American Cancer Society estimates that, in 1998, in the United States, approximately two hundred ten thousand new cases of prostate cancer were diagnosed and approximately forty-two thousand American men died of prostate cancer; and
Whereas, With an estimated nine million American men currently afflicted, prostate cancer amounts to an epidemic in the United States; and
Whereas, African-American men have the highest incidence of prostate cancer of any population of men in the world today; and
Whereas, The number of prostate cancer cases successfully diagnosed has increased significantly over the past thirty-five years, partly as a result of the widespread use of improved screening techniques, including screening for the prostate cancer antigen; and
Whereas, Awareness needs to be strengthened, to alert men of ages fifty and above to the risk of and treatments for prostate cancer; and
Whereas, Significantly more research is needed to determine the causes and most effective treatments for prostate cancer; and
Whereas, The National Prostate Cancer Coalition, a network of prostate cancer patients' advocates and support organizations, has presented five hundred thousand signatures to the United States Congress and the President, urging increased research funding for prostate cancer: Now, therefore
Your Memorialists respectively pray that the United States support increased federal funding for prostate cancer research; be it
Resolved, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.
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POM-62. A joint resolution adopted by the Legislature of the State of Washington; to the Committee on Appropriations.
House Joint Memorial 4014
Whereas, Strokes are the leading cause of death in the United States of America; and
Whereas, Strokes are also the leading cause of disability in the United States; and
Whereas, The American Heart Association estimates that in this year alone in the United States approximately six hundred thousand strokes will occur, and that approximately two hundred thousand deaths will ensue as a result of these strokes; and
Whereas, The incidence of stroke in young people is increasing in the United States; and
Whereas, African-Americans have the highest incidence of stroke of any segment of the population in the United States; and
Whereas, While the ability to treat strokes in the last decade has increased significantly in the United States, a great deal of work must still be done, especially in the areas of diagnosis, emergency treatment, and prevention; and
Whereas, Awareness of stroke risk and symptoms needs to be heightened among all Americans so that we will be alert to this risk; and
Whereas, Although it is the third leading cause of death in the United States, stroke risk in 1998 received the least amount of federal research funds of the five major diseases; and
Whereas, The American Heart Association is launching a nine-month, concerted effort to alert members of Congress about the urgent need and responsibility for more funding for stroke research; Now therefore
Your Memorialists respectfully pray that the members of Congress increase federal funding for stroke research; be it
Resolved, That copies of this Memorial be immediately transmitted to the Honorable William j. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.
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POM-63. A resolution adopted by the Legislature of the State of Nebraska; to the Committee on Appropriations.
Legislative Resolution 27
Whereas, the Wood River Flood Control Project will divert Wood River flood water around the southern edge of Grand Island and carry the flood water from the Wood River to the Platte River; and
Whereas, $11,800,000 was authorized for the Wood River Flood Control Project through the 1996 Water Resources Development Act, which was to include $6,040,000 in federal funds; and
Whereas, in 1998, the Omaha District of the Army Corps of Engineers revised its estimates for the project to
$17,353,000, including $9,969,000 to be contributed by the federal government. Since the cost increase is greater than twenty percent, congressional legislation to reauthorize the project is required; and
Whereas, an estimated 1,755 home and business structures in southern Grand Island, with a total value of $219 million, would be protected by the flood control project; and
Whereas, the flood control project would also protect 5,385 acres of irrigated farmland and 7,000 to 8,000 acres of grassland; and
Whereas, the Nebraska Legislature proposes to the Congress of the United States that procedures be instituted for congressional legislation to include appropriate authorization for the Wood River Flood Control Project in Grand Island, Nebraska; and
Whereas, prompt action is essential to decrease future flooding risks, the Nebraska Legislature requests the support and assistance of Congress in permitting this flood control project to move forward in a timely manner: Now therefore, be it
Resolved by the Members of the Ninety-Sixth Legislature of Nebraska, First Session:
1. That the Nebraska Legislature requests that the Congress of the United States appropriate the necessary funds to complete the Wood River Flood Control Project.
2. That the Clerk of the Legislature shall send copies of this resolution to the Secretary of State, to the Nebraska Congressional Delegation, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
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POM-64. A joint resolution by the Legislature of the State of Washington; to the Committee on Commerce, Science, and Transportation.
House Joint Memorial 4011
Whereas, The Federal Communications Commission, pursuant to the Telecommunications Act of 1996, has implemented a universal service fund program to provide discounts on the cost of telecommunications services to schools and libraries; and
Whereas, On May 8, 1997, the Commission determined that schools and libraries that join consortia that include entities other than ``public sector (governmental) entities'' may not take advantage of the universal service fund program unless the services purchased by the consortia are based on tariffed rates; and
Whereas, This requirement effectively prevents schools and libraries from participating in consortia with nonprofit independent baccalaureate institutions without losing the advantages of the leveraged purchasing, economies of scale, and efficiencies that are the very rationale for such consortia; and
Whereas, Washington state has sought to leverage the state's purchasing power in its procurements of telecommunications and information services, and obtain the lowest prices for telecommunications services for universities, colleges, schools, and libraries;
Whereas, The Washington Legislature in 1996 authorized and funded the development of the K-20 Educational Telecommunications Network, a sixty-two million dollar state-wide backbone network intended to link K-12 school districts, educational service districts, public and private baccalaureate institutions, public libraries, and community and technical colleges; and
Whereas, This network will provide the consortium of Washington colleges, schools, and libraries with enhanced function and increased efficiencies in their use of telecommunications services; and
Whereas, Washington state is home to several outstanding nonprofit independent baccalaureate institutions, including Antioch University, Cornish College of the Arts, Gonzaga University, Heritage College, Northwest College, Pacific Lutheran University, St. Martin's College, Seattle University, Seattle Pacific University, University of Puget Sound, Walla Walla College, Whitman College, and Whitworth College, that are not ``public sector (governmental) entities''; and
Whereas, These institutions each year prepare thousands of students for jobs in Washington state, and their graduates comprise more than twenty-five percent of the state's school teachers; and
Whereas, The Washington Legislature has recognized the important public service that these institutions perform; and
Whereas, The Washington Legislature has recognized that the public interest would be served by their inclusion in the K-20 Educational Telecommunications Network; and
Whereas, On July 16, 1997, the Washington Department of Information Services petitioned the Federal Communications Commission to clarify universal service program eligibility for schools and libraries that participate in telecommunications consortia with nonprofit independent colleges; and
Whereas, The Commission has not responded to that petition in more than eighteen months; and
Whereas, The state continues to delay the inclusion of nonprofit independent baccalaureate institutions in the K-20 Educational Telecommunications Network out of concern that doing so may render the network services provided to schools and libraries ineligible for universal service discounts; and
Whereas, Such continued delay is detrimental to the interests of the state; Now, therefore
Your Memorialists respectfully pray that the members of the Committee on Commerce, Science, and Transportation of the United States Senate; and members of the Subcommittee on Telecommunications, Trade and Consumer Protection, Committee on Commerce, United States House of Representatives, urge the Federal Communications Commission to address promptly the matters raised in the Department of Information Service's Petition for Reconsideration, and find that schools and libraries may participate with independent colleges in consortia to procure telecommunications services at below-tariffed rates without losing their eligibility for universal service discounts; be it
Resolved, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the members of the Committee on Commerce, Science, and Transportation of the United States Senate, and members of the Subcommittee on Telecommunications, Trade and Consumer Protection, Committee on Commerce, United States House of Representatives, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, and the members of the Federal Communications Commission.
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POM-65. A concurrent resolution adopted by the Legislature of the State of New Jersey; to the Committee on Finance.
Concurrent Resolution 107
Whereas, New Jersey and 45 other states, as well as Puerto Rico and the District of Columbia, are scheduled to receive some $206 billion from the nation's five largest cigarette manufacturers as a result of the settlement, which was formally agreed to on November 23, 1998, between these tobacco companies and the plaintiff states of their respective actions against these companies to recover the costs incurred by the states in connection with tobacco-related diseases, in addition to the states of Florida, Minnesota, Mississippi and Texas that will receive monies from these companies as a result of individual settlements which they reached with the companies of their respective actions; and
Whereas, The monies received by New Jersey and the other plaintiff states from the tobacco companies constitute a return of their state taxpayer dollars, which was the result of their own efforts and expense, and which should not be siphoned off by the federal government through a reduction in federal Medicare payments to the states or by any other means; and
Whereas, The monies recovered by the states from the tobacco companies should be available for the states to use as they deem to be in the interest of their own citizens and according to their own needs, and in keeping with the terms of the national tobacco settlement or individual state settlements reached with the tobacco companies; and
Whereas, The federal government should not be able to recover its Medicaid costs associated with tobacco-related diseases without pursuing its own action against the tobacco companies and expending its own resources for that purpose; and
Whereas, Legislation is currently pending in the Congress of the United States as H.R. 351, sponsored by Representative Bilirakis (R-Florida), which would preclude action by the Secretary of Health and Human Services to recoup any portion of the tobacco settlement funds received by the various states as an overpayment under the Medicaid program: Now, therefore, be it
Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature respectfully memorializes the Congress of the United States to pass, and the President of the United States to sign into law. H.R. 351 or similar legislation which would ensure that the federal government will not seek to recoup any monies recovered by the states from the tobacco companies a as result of the national tobacco settlement or individual state settlements.
2. Duly authenticated copies of this resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the United States Secretary of Health and Human Services, the presiding officers of the United States Senate and House of Representatives, and each of the members of the United States Congress elected from the State of New Jersey.
POM-66. A concurrent resolution adopted by the Legislature of the State of Kansas; to the Committee on Agriculture, Nutrition, and Forestry.
House Concurrent Resolution No. 5017
Whereas, The agricultural heritage and economy of the State of Kansas is dependent upon the harvest, storage and transportation of grain; and
Whereas, There are 785 grain elevators in Kansas and 65,000 farms in Kansas, many of which are family-owned operations; and
Whereas, Kansas grain elevators are valued neighbors to and located in close proximity to homes, schools, farms and businesses in most of all Kansas' communities; and
Whereas, Kansas grain elevators, feed mills, processors and growers are committed to protecting the health and safety of applicators and workers and the wellbeing of the public; and
Whereas, Grain elevators are located in Kansas communities near railroads and highways to facilitate the transportation of grain; and
Whereas, Kansas is a leader in the Nation and in the World in grain production; and
Whereas, Kansas grain elevators, feed mills, processors and growers are committed to producing an adequate safe and high quality food supply for domestic and world consumers; and
Whereas, Treaties and established trade relations may require pest-controlled grain before grain can be exported; and
Whereas, Insect pests in grain without fumigation treatment could create health risks and reduce the quality of the grain marketed from Kansas; and
Whereas, Aluminum and magnesium phosphide are cost-effective fumigants used both by commercial elevators and farmers in the storage of grain in Kansas; and
Whereas, The Environmental Protection Agency (EPA) acknowledged few, if any, viable alternatives to the use of aluminum and magnesium phosphide exist for fumigation to control pests in stored grain; and
Whereas, The current label restrictions for aluminum and magnesium phosphide provide for the safe and effective use of the product; and
Whereas, The State of Kansas practices rigorous enforcement of the label restrictions on fumigants, ensures adequate training of certified applicators and conducts a fumigation and grain storage project to inspect the use of fumigants; and
Whereas, Restrictions in the use of fumigations in grain storage and transportation should be based only on sound scientific reasoning, available technology and accurate analysis of risk level and avoid raising undue public alarm over unsubstantiated or inconsequential risk: Now, therefore, be it
Resolved by the House of Representatives of the State of Kansas, the Senate concurring therein, That the Congress of the United States direct the EPA to curtail implementation of new restrictions from its reregistration eligibility decision
(RED) on phosphine gas that would require a 500-foot buffer zone and other restrictions that effectively preclude the use of aluminum or magnesium phosphide in most Kansas grain storage facilities and grain transportation; and be it further
Resolved, That Congress direct the EPA to ensure that risk mitigation allowances for aluminum and magnesium phosphides are clearly demonstrated as necessary to protect human health, are based upon sound science and reliable information, are economically and operationally reasonable and will permit the continued use of these products in accordance with the label; and
Whereas, The Food Quality Protection Act of 1996 (FQPA) was signed into law on August 3, 1996; and
Whereas, The FQPA institutes changes in the types of information the Environmental Protection Agency (EPA) is required to evaluate in the risk assessment process for establishing tolerances for pesticide residues in food and feed; and
Whereas, The FQPA was to assure that pesticide tolerances and policies are formulated in an open and transparent manner; and
Whereas, The FQPA further emphasizes the need for reliable information about the volume and types of pesticides being applied to individual crops and what residues can be anticipated on these crops; and
Whereas, Risk estimates based on sound science and reliable real-world data are essential to avoid misguided decisions, and the best way for the EPA to obtain this data is to require its development and submission by the registrant through the data call-in process; and
Whereas, The implementation of FQPA by the EPA could have a profound negative impact on domestic agriculture production and on consumer food prices and availability; and
Whereas, The possibility of elimination of these products will result in fewer pest control options for the United States and Kansas and significant disruption of successful integrated pest management programs which would be devastating to the economy of our state and jeopardize the very livelihood of many of our agricultural producers; and
Whereas, The absence of reliable information will result in fewer pest control options for urban and suburban uses, with potential losses of personal property and increased costs for human health concerns: Now, therefore, be it
Resolved by the Senate of the State of Kansas, the House of Representatives concurring therein, That the EPA should be directed by Congress to immediately initiate appropriate administrative rulemaking to ensure that the policies and standards it intends to apply in evaluating pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency; and
Be it further resolved, That the EPA use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risks; and
Be it further resolved, That the United States Department of Agriculture (USDA) establish FQPA as a priority and that EPA be required to have reliable pesticide residue data and other FQPA data on the specific crop affected by any proposed restriction, before, EPA imposes restriction of a pesticide under FQPA; and
Be it further resolved, That the EPA should be directed by Congress to implement the FQPA in a manner that will not disrupt agricultural production nor negatively impact the availability, diversity and affordability of food; and be it further
Resolved, That Congress should immediately conduct oversight hearings to ensure that actions by EPA are consistent with FQPA provisions and Congressional intent; and
Be it further resolved, That the Secretary of State be directed to send enrolled copies of this resolution to the President of the United States, the administrator of the Environmental Protection Agency, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of Agriculture and to each member of the Kansas Congressional Delegation.
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POM-67. A joint resolution adopted by the Legislature of the State of Maine; to the Committee on Foreign Relations.
Joint Resolution No. 1373
Whereas, children's rights require special protection and continuous improvement all over the world, as well as calling for the development and education of children in conditions of peace and security; and
Whereas, the United Nations has proclaimed that the period of childhood is entitled to special care and assistance; and
Whereas, the child should grow up in a family environment with happiness, love and understanding; and
Whereas, the child should be fully prepared to live the life of an individual in society; and
Whereas, the child should be brought up with dignity in a spirit of peace, tolerance, freedom, equality and solidarity; and
Whereas, in all countries of the world, there are children living in exceptionally difficult conditions; and
Whereas, it is important to have international cooperation in order to improve the living conditions of children in every country, in particular in the developing countries; and
Whereas, the United Nations Convention on the Rights of the Child has broken all records as the most widely ratified human rights treaty in history; and
Whereas, the convention is the most rapidly and widely adopted human rights treaty in history with 191 States Parties; and
Whereas, only 2 countries have not ratified this agreement, Somalia and the United States; and
Whereas, the uniqueness of the treaty is that it is the first legally binding international instrument to incorporate the full range of children's human rights, which include civil and political rights as well as their economic, social and cultural rights, thus giving all rights equal emphasis; now, therefore, be it
Resolved, That We, your Memorialists, request the President of the United States and the United States Congress to ratify the United Nations Convention on the Rights of the Child; and be it further
Resolved, That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable William J. Clinton, President of the United States; the President of the United States Senate; the Speaker of the House of Representatives of the United States; the United Nations Secretary-General Kofi Annan; each Member of the Maine Congressional Delegation; the Speaker of the House or the equivalent officer in the 49 other states; and the President of the Senate or the equivalent officer in the 49 other states.
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POM-68. A resolution adopted by the Senate of the Legislature of the State of Georgia; to the Committee on Banking, Housing, and Urban Affairs.
Senate Resolution No. 1241
Whereas, the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, and the Office of Thrift Supervision proposed a ``Know Your Customer'' section of the Bank Secrecy Act on December 7, 1998, which seeks to determine the banking characteristics of its customers; and
Whereas, the ``Know Your Customer'' regulations will require banks to learn and recognize a customer's normal and expected transactions; and
Whereas, the ``Know Your Customer'' regulations will require banks to obtain knowledge regarding the legitimate activities of their customers; and
Whereas, the ``Know Your Customer'' regulations will require banks to report any unusual or suspicious transactions to as yet to be determined FDIC agencies existing suspicious activity reporting regulation; and
Whereas, there are already sufficient regulations in place to ensure that financial crimes are detected, and the ``Know Your Customer'' regulations are not needed and are in fact dangerous to a society where privacy is valued; and
Whereas, the ``Know Your Customer'' regulations constitute a clear violation of banking patrons privacy and therefore, must not be allowed to pass in any form. Now, therefore, be it
Resolved by the Senate, That the members of this body encourage the Congress of the United States to act swiftly to prevent the passage of any such legislation under the ``Know Your Customer'' designation; and be it further
Resolved, That the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the directors of the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Comptroller General, the Office of Thrift Supervision, and all members of the Georgia Congressional Delegation.
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Senate Resolution No. 128
Whereas, the Food Quality Protection Act of 1996 (FQPA) was signed into law on August 3, 1996, by President Clinton; and
Whereas, the FQPA establishes new safety standards that pesticides must meet to be newly registered or to remain on the market; and
Whereas, the FQPA requires the Environmental Protection Agency (EPA) to ensure that all pesticide tolerances meet these new FQPA standards by reassessing one-third of the 9,700 existing pesticide tolerances by August, 1999, and all existing tolerances within ten years; and
Whereas, the FQPA institutes changes in the types of information the EPA is required to evaluate in the risk assessment process for establishing tolerances for pesticide residues in food and feed; and
Whereas, the FQPA was designed to ensure that pesticide tolerances and policies are formulated in an open and public manner; and
Whereas, the FQPA further emphasizes the need for reliable information about the volume and types of pesticides being applied to individual crops and what residues can be anticipated on these crops; and
Whereas, risk estimates based on sound science and reliable, real-world data are essential to avoid misguided decisions, and the best way for the EPA to obtain this data is to require development and submission of such data by the registrant through the data call-in process; and
Whereas, the ill considered implementation of FQPA by the EPA could have a profound negative impact on domestic agricultural production and on consumer food prices and availability; and
Whereas, the possibility of elimination of these products will result in fewer pest control options for the United States and Georgia and significant disruption of successful integrated pest management programs which would in turn be devastating to the economy of our state and jeopardize the very livelihood of many of our agricultural producers; and
Whereas, the absence of reliable information is expected to result in fewer pest control options for urban and suburban uses, with potential losses of personal property, damage to valuable recreational areas and managed green space, and increased human health concerns. Now therefore be it
Resolved by the Senate, That the members of this body urge Congress to direct the EPA to immediately initiate appropriate public administrative guidance or rule-making to ensure that the policies, standards, and procedures it intends to apply in reassessing existing pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency; and be it further
Resolved, That Congress should direct the EPA to use sound science and real-world data from the data call-in process in establishing realistic models for evaluating risks; and be it further
Resolved, That Congress should direct the EPA to implement the FQPA in a manner that will not disrupt agricultural production nor negatively impact the availability, diversity, and affordability of food, threaten public health, nor diminish the quality of valuable recreational areas and managed green spaces; and be it further
Resolved, That Congress should immediately conduct oversight hearings to ensure that actions by EPA are consistent with FQPA provisions and congressional intent; and be it further
Resolved, That the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Georgia congressional delegation, the EPA Administrator, Vice President Al Gore, and the Secretary of Agriculture.
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POM-69. A joint resolution adopted by the Legislature of the Commonwealth of Virginia; to the Committee on Environment and Public Works.
Senate Joint Resolution No. 407
Whereas, Virginia ranks second in the nation in the amount of municipal waste imported from other states, and the tonnage imported is likely to increase as other states close landfills; and
Whereas, the negative impacts of truck, rail, and barge traffic and litter, odors, and noise associated with waste imports occur not just at the location of final disposal but also along waste transportation routes; and
Whereas, current landfill technology has the potential to fail, leading to long-term cleanup and other associated costs; and
Whereas, the importation of waste runs counter to the repeatedly expressed strong desire of Virginia's citizens for clean air, land, and water and for the preservation of Virginia's unique historic and cultural character, and it is essential to promote and preserve these attributes; and
Whereas, the Commonwealth has demonstrated the ability to attract good jobs and to promote sound economic development without relying on the importation of garbage; and
Whereas, in 1995, 23 state governors wrote to the Commerce Committee of the United States House of Representatives urging passage of legislation allowing states and localities the power to regulate waste entering their jurisdictions; and
Whereas, legislation is pending before the Commerce Committee of the United States House of Representatives that would provide states and localities with the authority to control the importation of waste, a power that is essential to the public health, safety, and welfare of all citizens of Virginia; now, therefore, be it
Resolved by the Senate, the House of Delegates concurring, That the Congress of the United States be urged to enact legislation giving states and localities the power to control waste imports into their jurisdictions, including the following provisions: (i) a ban on waste imports in the absence of specific approval from the disposal site host community and governor of the host state; (ii) authorization for governors to freeze solid waste imports at 1993 levels;
(iii) authorization for states to consider whether a disposal facility is needed locally when deciding whether to grant a permit; and (iv) authorization for states to limit the percentage of a disposal facility's capacity that can be filled with waste from other states; and, be it
Resolved further, That the Clerk of the Senate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation in order that they may be apprised of the sense of the Virginia General Assembly in this matter.
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