[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[Senate]
[Pages S9404-S9414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]







                        PETITIONS AND MEMORIALS



  The following petitions and memorials were laid before the Senate and 

were referred or ordered to lie on the table as indicated:



       POM-181. A joint resolution adopted by the Assembly of the 

     State of Nevada relative to trade between the Republic of 

     China on Taiwan and the United States; to the Committee on 

     Finance.



                    Assembly Joint Resolution No. 4



       Whereas, it is our belief that it is the responsibility of 

     the United States to promote the values of freedom, 

     democracy, and a commitment to open markets and the free 

     exchange of both goods and ideas both at home and abroad; and

       Whereas, the Republic of China on Taiwan shares these 

     values with the United States and has struggled throughout 

     the past 50 years to create what is today an open and 

     thriving democracy; and

       Whereas, the United States must continue to support the 

     growth of democracy and ongoing market opening in Taiwan if 

     this relationship is to evolve and reflect the changing 

     nature of the global system in the 21st Century; and

       Whereas, despite the fact that Taiwan only recently became 

     a member of the World Trade Organization and that it has no 

     formal trade agreement with the United States, Taiwan has 

     nevertheless emerged as the United States' eighth largest 

     trading partner; and

       Whereas, American businesses and workers have benefited 

     greatly from this dynamic trade relationship, most recently 

     in the computer and electronics sector; and

       Whereas, Taiwan is a gateway to other Pacific Rim markets 

     for United States exports, helping to preserve peace and 

     stability within the entire region; and

       Whereas, United States agricultural products have been 

     particularly underrepresented in the list of United States 

     exports to the region despite the importance of the market 

     for growers of corn, wheat and soybeans: and

       Whereas, a free trade agreement would not only help 

     Taiwan's economy dramatically expand its already growing 

     entrepreneurial class, but it would also serve an important 

     political function; and

       Whereas, the United States needs to support partner 

     countries that are lowering trade barriers; and

       Whereas, Taiwan has emerged over the past two decades as 

     one of the United States' most important allies in Asia and 

     throughout the world; and

       Whereas, in the interest of supporting, preserving and 

     protecting the democratic fabric of the government of the 

     Republic of China on Taiwan, it is made clear that the United 

     States supports the withdrawal of missiles deployed as a 

     threat against Taiwan by the People's Republic of China; and

       Whereas, Taiwan has forged an open, market-based economy 

     and a thriving democracy based on free elections and the 

     freedom of dissent; and

       Whereas, it is in the interest of the United States to 

     encourage the development of both these institutions; and

       Whereas, the United States has an obligation to its allies 

     and to its own citizens to encourage economic growth, market 

     opening, and the destruction of trade barriers as a means of 

     raising living standards across the board; and

       Whereas, a free trade agreement with Taiwan would be a 

     positive step toward accomplishing all of these goals; and

       Whereas, the United States should also support the entry of 

     Taiwan into the World Health Organization, the United Nations 

     and other relevant international organizations: Now, 

     therefore, be it

       Resolved by the Assembly and Senate of the State of Nevada, 

     Jointly, That the members of the Nevada Legislature hereby 

     urge President George W. Bush and Congress to support a free 

     trade agreement between the United States and Taiwan; and be 

     it further

       Resolved, That United States policy should include the 

     pursuit of some initiative in the World Trade Organization 

     that will give Taiwan meaningful participation in a manner 

     that is consistent with the organization's requirements; and 

     be it further

       Resolved, That the Chief Clerk of the Assembly prepare and 

     transmit a copy of this resolution to the President of the 

     United States, the United States Secretary of State, the 

     Secretary of Health, Education, and Welfare, the Speaker of 

     the United States House of Representatives, the Vice 

     President of the United States as presiding officer of the 

     Senate, the Government of Taiwan, the World Trade 

     Organization and the members of the Nevada Congressional 

     Delegation; and be it further

       Resolved, That this resolution becomes effective upon 

     passage.

                                  ____



       POM-82. A resolution from the Senate of the Commonwealth of 

     Pennsylvania relative to the Combat Medical Badge; to the 

     Committee on Armed Services.



                               Resolution



       Whereas, the United States Army has denied the Combat 

     Medical Badge to personnel of the 91 MOS who were assigned to 

     duty aboard helicopter ambulances (DUSTOFF); and

       Whereas, from 1962 through 1973, 496,573 missions were 

     flown by DUSTOFF and more than 900,000 casualties were safely 

     evacuated; and

       Whereas, DUSTOFF missions are more hazardous than other 

     rotary-wing operations as proven by the aircraft loss rate 

     versus insertion and extraction missions; and

       Whereas, the bravery and the medical skills of the 

     aeromedic functioning in the heat of hard combat has often 

     meant the difference between survival and death; and

       Whereas, aeromedical personnel are able to triage and 

     provide necessary emergency medical treatment en route to a 

     definitive care facility, and many medics leave the 

     helicopter to load multiple casualties, often under the 

     intense enemy fire unarmed medevacs attract; and

       Whereas, selective expansion of the Combat Medical Badge 

     award occurred in the Persian Gulf War when the United States 

     Army Chief of Staff authorized if for medics assigned to 

     armor and ground cavalry units; and

       Whereas, the conduct of the Persian Gulf War was 

     characterized by armor and ground cavalry operations, while 

     airmobile operations dominated the Vietnam War from logistics 

     to combat to medevac; Therefore be it

       Resolved, That the Senate of the Commonwealth of 

     Pennsylvania memorialize the President and Congress of the 

     United States to enact legislation requiring the retroactive 

     award of the Combat Medical Badge to all Vietnam personnel 

     serving in the 91 MOS who were assigned to helicopter 

     ambulances; and be it further

       Resolved, That no inference of any diminution of the 

     prestige of this award be assigned to the lawful and 

     realistic expansion of eligibility; and be it further

       Resolved, That initial presentations of the Combat Medical 

     Badge be received by survivors of aeromedical personnel whose 

     names appear on the Vietnam Veterans Memorial Wall; and be it 

     further

       Resolved, That copies of this resolution be transmitted to 

     the President, presiding officers of each house of Congress 

     and to each member of Congress from Pennsylvania

                                  ____



       POM-183. A resolution adopted by the Senate of the 

     Legislature of the State of Michigan relative to funding for 

     the American Red Cross Armed Forces Emergency Services; to 

     the Committee on armed Services.



                        Senate Resolution No. 71



       Whereas, for over a century, the American Red Cross has 

     served as a link between the people of the United States and 

     their Armed Forces; and

       Whereas, under its Congressional Charter of 1905, the 

     American Red Cross is entrusted to deliver emergency messages 

     to members of the Armed Forces and their families; and

       Whereas, Military commanders around the world rely on the 

     Red Cross Armed Forces Emergency Services (AFES) to verify 

     the need to approve leave for military personnel, and to 

     provide financial support to enable them to return home when 

     necessary; and

       Whereas, in order to meet the Department of Defense 

     requirements for emergency leave verification, Red Cross AFES 

     is on call every hour of everyday and night for 13 million 

     service members and their families; and

       Whereas, the Red Cross AFES program maintains a global 

     emergency communications network supported by 392 employees 

     and 28,000 volunteers located in 961 chapters across the 

     nation, on 108 military installations around the world, and 

     at two AFES Centers located at Fort Sill, Oklahoma, and Falls 

     Church, Virginia; and

       Whereas, Michigan's 26 Red Cross chapters and its work on 

     three installations provided emergency communications 

     assistance to 6,238 military personnel and their families in 

     fiscal Year 2002. Since last July, the American Red Cross in 

     Michigan has seen a 43% increase in the number of military 

     cases served over last year; and

       Whereas, Operation Enduring Freedom, the war on terrorism, 

     and the Iraq conflict have place increased demands on this 

     vital program. The Red Cross and Congress can no longer rely 

     on charitable contributions from the American public to 

     support this required service, especially during the current 

     economic downturn: Now, therefore, be it

       Resolved by the Senate, That we memorialize Congress to 

     include funding for the American Red Cross Armed Forces 

     Emergency Services in the National Defense Authorization Act 

     and the Department of Defense Appropriations Act for fiscal 

     year 2004 to help fund costs associated with AFES





[[Page S9405]]



     emergency communications and staff mobilization and 

     deployment. We also support the inclusion of AFES funding in 

     the Department of Defense budget request starting in fiscal 

     year 2005; and be it further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, and the members of 

     the Michigan congressional delegation.

                                  ____



       POM-184. A concurrent resolution adopted by the Senate of 

     the Legislature of the State of Hawaii relative to military 

     bases; to the Committee on Armed Services.



                  Senate Concurrent Resolution No. 176



       Whereas, beginning in 1988, the Pentagon began to downsize 

     its military base structure with a series of base closures; 

     and

       Whereas, Congress accelerated the process by mandating 

     scheduled base realignment and closures (BRAC) over the last 

     decade and a half; and

       Whereas, U.S. military bases establish a substantial 

     economic and societal epicenter within the communities in 

     which the bases are located; and

       Whereas, the economies of a community, city, and even state 

     become severely dependent upon the commerce and vitality 

     created by the military personnel and their activities in the 

     area; and

       Whereas, all across the country, BRACs create a sudden 

     economic vacuum that adversely impacts on the lives of the 

     residents remaining after a military base has closed and its 

     personnel have moved away; and

       Whereas, one of the most immediate effects of a military 

     base closure is the loss of jobs as businesses attempt to 

     cope with the sudden decrease in commercial activity; and

       Whereas, over the long-term, communities must deal with the 

     extraordinary costs relating to the upkeep and redevelopment 

     of the unoccupied military facilities and surrounding areas; 

     and

       Whereas, Hawaii has first-hand experience with the 

     complexities and issues resulting from a military base 

     closure with the closure of Barbers Point Naval Air Station 

     in 1999; and

       Whereas, Hawaii continues to struggle with the burdensome 

     economic impacts and redevelopment problems of that closure; 

     and

       Whereas, in addition to the short-term economic loss that 

     the State experiences when a base closes, long-term losses 

     from such an exodus includes the loss of access to ``dual use 

     technology''; and

       Whereas, dual use technology is a term used for formerly 

     high tech military equipment and applications that have been 

     recently declassified for use by the general public for 

     commercial purposes; and

       Whereas, Hawaii companies benefit from their proximity to 

     military bases and are able to convert dual use technology to 

     economic gain due to this proximity; and

       Whereas, during this time of heightened international 

     tensions, the increased likelihood of attack by terrorists 

     and rogue countries, and the fragile nature of Hawaii's 

     economy further military base closures in the State of Hawaii 

     would reduce the security of the State and the nation; and

       Whereas, Hawaii is an island state that is heavily 

     dependent upon air and sea industries; and

       Whereas, tourism and federal expenditure are the top two 

     sources of income to Hawaii, with tourism accounting for 

     approximately $11 billion and federal expenditures accounting 

     for $9.1 billion annually; and

       Whereas, tourism has suffered greatly since September 11, 

     2001, and the current wars in the Middle East are causing 

     further declines in visitor travel; and

       Whereas, the impacts on the airline and visitor industries 

     will be staggering and require years of recovery for the 

     State's economy; and

       Whereas, closure of military bases and the subsequent 

     departure of the military when tourism is floundering would 

     be catastrophic to Hawaii's economy; and

       Whereas, the potential impact of base closures in Hawaii is 

     so significant that a special commission should be 

     established to address the issue to prevent base closures in 

     Hawaii when possible: Now, therefore, be it

       Resolved, By the Senate of the Twenty-Second Legislative of 

     the State of Hawaii, Regular Session of 2003, the House of 

     Representatives concurring, that the U.S. Congress is urged 

     to discontinue closures of U.S. military bases in the State 

     of Hawaii; and be it further

       Resolved, That a Base Realignment and Closing Committee be 

     established to work with federal, state, and military leaders 

     to preserve local military bases and to position Hawaii to 

     inherit work from other bases that are closed; and be it 

     further

       Resolved, That the Base Realignment and Closing Committee 

     be comprised of at least the following members:

       (1) Two members appointed by the Senate President:

       (2) Two members appointed by the Speaker of the House of 

     Representatives; and

       (3) Two members appointed by the Governor; and be it 

     further

       Resolved, That additional members be appointed to the Base 

     Realignment and Closing Committee as appropriate, from the 

     public and private sectors and the military; and

       Resolved, That the Base Realignment and Closing Committee 

     report to the Legislative at least twenty days prior to the 

     convening of the 2004 Regular Session regarding its work to 

     preserve local bases; and be it further

       Resolved, That certified copies of this Concurrent 

     Resolution be transmitted to the President of the U.S. 

     Senate, Speaker of the U.S. House of Representatives, 

     Hawaii's congressional delegation, and the Governor of the 

     State of Hawaii.

                                  ____



       POM--185. A resolution adopted by the Senate of the 

     Legislature of the State of Hawaii relative to military 

     bases; to the Committee on Armed Services.



                       Senate Resolution No. 124



       Whereas, beginning in 1988, the Pentagon began to downsize 

     its military base structure with a series of base closures; 

     and

       Whereas, Congress accelerated the process by mandating 

     scheduled base realignment and closures (BRAC) over the last 

     decade and a half; and

       Whereas, U.S. military bases establish a substantial 

     economic and societal epicenter within the communities in 

     which the bases are located; and

       Whereas, the economies of a community, city, and even state 

     become severely dependent upon the commerce and vitality 

     created by the military personnel and their activities in the 

     area; and

       Whereas, all across the country, BRACs create a sudden 

     economic vacuum that adversely impacts on the lives of the 

     residents remaining after a military base has closed and its 

     personnel have moved away; and

       Whereas, one of the most immediate effects of a military 

     base closure is the loss of jobs as businesses attempt to 

     cope with the sudden decrease in commercial activity; and

       Whereas, over the long-term, communities must deal with the 

     extraordinary costs relating to the upkeep and redevelopment 

     of the unoccupied military facilities and surrounding areas; 

     and

       Whereas, Hawaii has first-hand experience with the 

     complexities and issues resulting from a military base 

     closure with the closure of Barbers Point Naval Air Station 

     in 1999; and

       Whereas, Hawaii continues to struggle with the burdensome 

     economic impacts and redevelopment problems of that closure; 

     and

       Whereas, in addition to the short-term economic loss that 

     the State experiences when a base closes, long-term losses 

     from such an exodus includes the loss of access to ``dual use 

     technology''; and

       Whereas, dual use technology is a term used for formerly 

     high tech military equipment and applications that have been 

     recently declassified for use by the general public for 

     commercial purposes; and

       Whereas, Hawaii companies benefit from their proximity to 

     military bases and are able to convert dual use technology to 

     economic gain due to this proximity; and

       Whereas, during this time of heightened international 

     tensions, the increased likelihood of attack by terrorists 

     and rogue countries, and the fragile nature of Hawaii's 

     economy, further military base closures in the State of 

     Hawaii would reduce the security of the State and the nation; 

     and

       Whereas, Hawaii is an island state that is heavily 

     dependent upon air and sea industries; and

       Whereas, tourism and federal expenditures are the top two 

     sources of income to Hawaii, with tourism accounting for 

     approximately $11 billion and federal expenditures accounting 

     for $9.1 billion annually; and

       Whereas, tourism has suffered greatly since September 11, 

     2001, and the current wars in the Middle East are causing 

     further declines in visitor travel; and

       Whereas, the impacts on the airline and visitor industries 

     will be staggering and require years of recovery for the 

     State's economy; and

       Whereas, closure of military bases and the subsequent 

     departure of the military when tourism is floundering would 

     be catastrophic to Hawaii's economy; and

       Whereas, the potential impact of base closure in Hawaii is 

     so significant that a special commission should be 

     established to address the issue to prevent base closures in 

     Hawaii when possible: Now, therefore be it

       Resolved, By the Senate of the Twenty-Second Legislature of 

     the State of Hawaii, Regular Session of 2003, that the U.S. 

     Congress is urged to discontinue closures of U.S. military 

     bases in the State of Hawaii; and be it further

       Resolved, That a Base Realignment and Closing Committee be 

     established to work with federal, state, and military leaders 

     to preserve local military bases and to position Hawaii to 

     inherit work from other bases that are closed; and be it 

     further

       Resolved, That the Base Realignment and Closing Committee 

     be comprised of at least the following members:

       (1) Two members appointed by the Senate President;

       (2) Two members appointed by the Speaker of the House of 

     Representatives; and

       (3) Two members appointed by the Governor; and be it 

     further

       Resolved, That additional members be appointed to the Base 

     Realignment and Closing Committee as appropriate, from the 

     public and private sectors and the military; and be it 

     further

       Resolved, That the Base Realignment and Closing Committee 

     report to the Legislature at least twenty days prior to the 

     convening of the 2004 Regular Session regarding its work to 

     preserve local bases; and be it further

       Resolved, That certified copies of this Resolution be 

     transmitted to the President of the





[[Page S9406]]



     U.S. Senate, Speaker of the U.S. House of Representatives, 

     Hawaii's congressional delegation, and the Governor of the 

     State of Hawaii.

                                  ____



       POM-186. A joint resolution adopted by the House of the 

     Legislature of the State of Utah relative to a national 

     missile defense system; to the Committee on Armed Services.



                       House Joint Resolution 15



       Whereas, the 1972 Anti Ballistic Missile (ABM) Treaty was 

     signed with a nation that no longer exists;

       Whereas, an increasing number of nations--including North 

     Korea--either currently possess the capability to launch 

     missile attacks against the United States or are working to 

     obtain that capability;

       Whereas, due in part to advances in technology, the 

     possibility that a missile bearing a weapon of mass 

     destruction will be used against United States forces or 

     interests is higher today than it was during most of the Cold 

     War;

       Whereas, terrorist groups, not just states, may have the 

     means to buy intercontinental ballistic missiles;

       Whereas, the nation still has no defense against missile 

     attack;

       Whereas, the Cold War policy of ``mutual assured 

     destruction'' assumed in arms control treaties is not 

     sufficient to deter terrorist missile attacks; and

       Whereas, defending against a missile attack is the 

     government's moral obligation: Now, therefore, be it

       Resolved, That the Legislature of the state of Utah urges 

     the state's congressional delegation to support and vote for 

     all efforts to build and deploy a national missile defense 

     system as rapidly as possible; be it further

       Resolved, The a copy of this resolution be sent to the 

     President of the United States Senate, the Speaker of the 

     United States House of Representatives, and the members of 

     Utah's congressional delegation.

                                  ____



       POM-187. A resolution adopted by the House of the Assembly 

     of the Commonwealth of Pennsylvania relative to the Combat 

     Medical Badge; to the Committee on Armed Services.



                        House Resolution No. 172



       Whereas, the United States Army has denied the Combat 

     Medical Badge to personnel of the 91 MOS who were assigned to 

     duty aboard helicopter ambulances (DUSTOFF); and

       Whereas, from 1962 through 1973, 496,573 missions were 

     flown by DUSTOFF and more than 900,000 casualties were safely 

     evacuated; and

       Whereas, DUSTOFF missions are more hazardous than other 

     rotary-wing operations as proven by the aircraft loss rate 

     versus insertion and extraction missions; and

       Whereas, the bravery and the medical skills of the 

     aeromedic functioning in the heat of hard combat has often 

     meant the difference between survival and death; and

       Whereas, aeromedical personnel are able to triage and 

     provide necessary emergency medical treatment en route to a 

     definitive care facility, and many medics leave the 

     helicopter to load multiple casualties, often under the 

     intense enemy fire unarmed medevacs attract; and

       Whereas, selective expansion of the Combat Medical Badge 

     award occurred in the Persian Gulf War when the United States 

     Army Chief of Staff authorized it for medics assigned to 

     armor and ground cavalry units; and

       Whereas, the conduct of the Persian Gulf War was 

     characterized by armor and ground cavalry operations, while 

     airmobile operations dominated the Vietnam War from logistics 

     to combat to medevac; therefore be it

       Resolved, That the House of Representatives of the 

     Commonwealth of Pennsylvania memorialize the President and 

     Congress of the United States to enact legislation requiring 

     the retroactive award of the Combat Medical Badge to all 

     Vietnam personnel serving in the 91 MOS who were assigned to 

     helicopter ambulances; and be it further

       Resolved, That no inference of any diminution of the 

     prestige of this award be assigned to the lawful and 

     realistic expansion of eligibility; and be it further

       Resolved, That initial presentations of the Combat Medical 

     Badge be received by survivors of aeromedical personnel whose 

     names appear on the Vietnam Veterans Memorial Wall; and be it 

     further

       Resolved, That copies of this resolution be transmitted to 

     the President, presiding officers of each house of Congress 

     and to each member of Congress from Pennsylvania.

                                  ____



       POM-188. A resolution from the House of Representatives of 

     the Assembly of the Commonwealth of Pennsylvania relative to 

     the Commonwealth's support for President Bush's actions 

     against Saddam Hussein; to the Committee on Armed Services.



                        House Resolution No. 115



       Whereas, the United States Armed Forces, a total force 

     comprised of active, National Guard and Reserve personnel, 

     are now undertaking courageous and determined operations 

     against the forces of Saddam Hussein's Regime; and

       Whereas, the dictatorship of Iraq has continued to develop 

     weapons of mass destruction in violation of United Nations 

     Security Council Resolution 1441; and

       Whereas, the dictator of Iraq, Saddam Hussein, has 

     demonstrated a willingness to use weapons of mass destruction 

     against neighboring nations and the citizens of Iraq; and

       Whereas, Saddam Hussein threatens the Middle East and the 

     global economy with the threat to use weapons of mass * * * 

     Operation Iraqi Freedom, who are providing support and 

     prayers for the loved ones currently engaged in military 

     operations in Iraq; and be it further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States, the members of the 

     President's cabinet, the Chairman of the Joint Chiefs of 

     Staff and to the members of the Pennsylvania congressional 

     delegation.

                                  ____



       POM-189. A resolution adopted by the Livingston Parish 

     Council of the State of Louisiana relative to support for 

     President of the United States and the U.S. Armed Forces; to 

     the Committee on Armed Services.

       POM-190. A concurrent resolution adopted by the Senate of 

     the Legislature of the State of New Hampshire relative to the 

     Northeast multispecies fishing industry; to the Committee on 

     Commerce, Science, and Transportation.



                      Concurrent Resolution No. 2



       Whereas, the New England fishing industry, including New 

     Hampshire fishermen, have worked tirelessly over the last 

     decade to rebuild the fishing stocks off New England and have 

     increased their community effort to work towards better 

     conservation practices and sustainability; and

       Whereas, the new federal fishing restrictions imposed by 

     the National Marine Fisheries Service have severely curtailed 

     fishing opportunities available to New Hampshire fishermen 

     and may well put these small commercial fishermen in 

     financial jeopardy in the present and in the future; and

       Whereas, the methodology for estimating fish populations, 

     which became the basis for these new federal fishing 

     restrictions, might be based on faulty science due to the 

     fact that the federal government's research vessel used 

     uncalibrated scientific fishing equipment for more than 2 

     years, possibly painting a more dire picture of fish stocks 

     than might exist; and

       Whereas, a recent federal court ruling required the 

     Secretary of Commerce to publish an interim rule to be in 

     compliance with the overfishing, rebuilding, and by catch 

     provisions of the Sustainable Fisheries Act; and

       Whereas, the proposed interim rule proposed additional 

     restrictions to include a freeze on days at sea at the 

     highest annual level used from fishing years 1996 to 2000 and 

     a 20 percent cut from that level; and

       Whereas, the use of days at sea from the fishing years 1996 

     to 2000 as a vessel's new ``baseline'' fails to take into 

     account a number of factors, including participation in 

     formerly ``exempted fisheries,'' creates inequitable results 

     and thereby unfairly penalizes fisherman who were encouraged 

     to enter these ``exempt fisheries''; and

       Whereas, the head of stock assessment for the National 

     Marine Fisheries Service has stated faulty gear on a trawler 

     used to collect data about groundfish stocks may have led to 

     inaccurate findings and New Hampshire fishermen have 

     suspected the federal fisheries stock assessments were 

     seriously flawed; and

       Whereas, New England fishermen, including New Hampshire 

     fishermen, have readily complied with voluntary conservation 

     measures only to be penalized by this ``good faith'' 

     compliance; and

       Whereas, the goals to allow the regeneration of groundfish 

     stocks in the waters off the New England coast while 

     protecting those individuals and their significant 

     investments who bring that resource to the public are not 

     mutually exclusive; now, therefore, be it

       Resolved by the Senate, the House of Representatives 

     concurring, That the United States Senate and House of 

     Representatives seek legislation requiring the Secretary of 

     Commerce not to implement any new federal restrictions on the 

     New England multispecies fishery until the following 

     conditions have been met, and not before May 1, 2006:

       I. all regulations now and in the future must be adjusted 

     based on fairness and equity, and social and economic needs 

     of communities in accordance with the national standards;

       II. all collection and analysis of scientific information 

     must be sound and supply the best methods and technology 

     available;

       III. All National Oceanic and Atmospheric Administration 

     trawl survey vessels should be independently reviewed for 

     stock status reference points, definitions for all stocks 

     should be implemented, the incorporation of state-of-the-art 

     survey devices should be made on these research vessels, and 

     a independent review made of trawl survey protocol; and

       That the Secretary of Commerce be allowed to relax federal 

     regulations on an emergency basis as appropriate to address 

     issues of fairness and equity within the Interim Final Rule; 

     and

       That greater federal funding be made for cooperative 

     research within the fishing industry and the scientific 

     community; and

       That copies of this resolution be forwarded by the senate 

     clerk to the governor, the executive director of the fish and 

     game department, the President of the United States, the 

     Speaker of the United States House of Representatives, the 

     President of the United States Senate, the Secretary of 

     Commerce, the administrator of the National Oceanic





[[Page S9407]]



     and Atmospheric Administration, and the members of the New 

     Hampshire congressional delegation.

                                  ____



       POM-191. A resolution adopted by the Senate of the 

     Legislature of the State of Michigan relative to regulating 

     spam, unsolicited commercial email; to the Committee on 

     Commerce, Science, and Transportation.



                        Senate Resolution No. 93



       Whereas, an increasing problem to individuals and 

     businesses using email is the growing volume of unsolicited 

     bulk commercial email messages. What started as an annoyance 

     has become a major problem for many, with estimates of 

     several billion unsolicited bulk messages sent every week. 

     The cost of this mail, both in lost worker time and adding 

     computer equipment to process or block the spam, is an 

     increasing burden for those receiving spam, while the costs 

     of senders are negligible; and

       Whereas, along with the problems created by the 

     accelerating volume of spam, other components of this issue 

     include the number of deceptive and offensive messages and 

     the use of this technology to operate a variety of scams; and

       Whereas, many states, including Michigan, have discussed 

     ways to cope with the onslaught of unsolicited bulk 

     commercial messages. Congress has also faced this issue. 

     Numerous approaches have been mentioned. These range from 

     requiring truthfulness in return addresses to efforts to 

     increase vigilance against fraud to the creation of ``do-not-

     spam'' lists. While the appropriate form of federal response 

     may take one of these or other strategies, it is increasingly 

     clear that federal action is essential and holds far more 

     promise of dealing with the problem effectively than state 

     actions alone; Now, therefore, be it

       Resolved by the Senate, That we memorialize the Congress of 

     the United States to enact legislation to regulate spam, 

     unsolicited bulk commercial email; and be it further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, and the members of 

     the Michigan congressional delegation.

                                  ____



       POM-102. A resolution adopted by the Senate of the General 

     Court of the Commonwealth of Massachusetts relative to the 

     development of a national geologic repository; to the 

     Committee on Energy and Natural Resources.



                               Resolution



       Whereas, the Nuclear Waste Policy Act of 1982 established a 

     program requiring the United States Department of Energy to 

     begin accepting and disposing of spent nuclear fuel and waste 

     from all commercial power plants no later than January 31, 

     1998; and

       Whereas, the act required ratepayers, through their 

     electric bills, to fund this program by paying a fee into the 

     Federal Nuclear Waste Fund, a fund into which the ratepayers 

     of the commonwealth have already paid nearly $500,000,000; 

     and

       Whereas, the United States Government has failed to meet 

     its obligation to remove spent nuclear fuel from the 

     commonwealth on a priority basis to a centralized federal 

     site, especially the spent fuel stranded at the single-unit 

     decommissioning reactor site in the town of Rowe; and

       Whereas, spent nuclear fuel can be stored safely at reactor 

     sites but there are compelling national interests that 

     require completing the siting process necessary to 

     consolidate commercial and defense spent fuel and waste into 

     1 secure federal repository location; and

       Whereas, the President of the United States has recently 

     recommended, after decades of study and the expenditure of 

     billions of ratepayer dollars, that the Yucca Mountain site 

     in the state of Nevada is scientifically sound and suitable 

     for development as the nation's long term geological 

     repository for nuclear waste; and

       Whereas, the Department of Energy's alternative plan, if 

     the Yucca Mountain site is not approved for development by 

     the United States Congress, is to end all work at Yucca 

     Mountain and store the spent nuclear fuel at reactor sites 

     for the next 100 to 10,000 years; therefore be it

       Resolved, That the Massachusetts General Court calls upon 

     the United States Senate and House of Representatives to 

     adopt a joint resolution in its current session approving 

     Yucca Mountain for development as the nation's permanent 

     geologic repository; and be it further

       Resolved, That a copy of these resolutions be transmitted 

     forthwith by the clerk of the Senate to the President of the 

     United States, the presiding officer of each branch of 

     Congress and to the members thereof from this commonwealth.

                                  ____



       POM--193. A resolution adopted by the Senate of the 

     Legislature of the State of Hawaii relative to migration to 

     Hawaii from freely associated states; to the Committee on 

     Energy and Natural Resources.



                        Senate Resolution No. 36



       Whereas, the Federated States of Micronesia, the Republic 

     of the Marshall Islands, and the Republic of Palau 

     (collectively, Freely Associated States), formerly part of 

     the Trust Territory of the Pacific Islands under the United 

     Nations Charter, entered into an agreement with the 

     government of the United States known as the Compact of Free 

     Association (Compact); and

       Whereas, the Compact was entered into with these nations in 

     part to terminate the trusteeship, recognize their 

     independence, provide them with critical economic development 

     aid, and allow their people to immigrate freely to the United 

     States; and

       Whereas, under the Compact, the United States provides 

     direct economic assistance, federal services, and military 

     protection to these nations, in exchange for defense rights; 

     and

       Whereas, the Compact, codified as Title II of Public Law 

     99-239, was established in 1986 between the United States and 

     the Republic of the Marshall Islands and the Federated States 

     of Micronesia, and in 1994 with the Republic of Palau, 

     codified as Title II of Public Law 99-658; and

       Whereas, section 104(e)(1) of Title I, Public Law 99-239, 

     regarding the interpretation of and United States policy 

     regarding the Compact, states that in approving the Compact, 

     ``it is not the intent of the Congress to cause any adverse 

     consequences for ... the State of Hawaii''; and

       Whereas, section 104(e)(4) of Title I, Public Law 99-239, 

     provides that ``if any adverse consequences to ... the State 

     of Hawaii result from implementation of the Compact of Free 

     Association, the Congress will act sympathetically and 

     expeditiously to redress those adverse consequences''; and

       Whereas, section 104(e)(5) of Title I, Public Law 99-239, 

     appropriated funds beginning after September 30, 1985, to 

     cover the costs, if any, incurred by Hawaii ``resulting from 

     any increased demands placed on educational and social 

     services by immigrants from the Marshall Islands and the 

     Federated States of Micronesia''; and

       Whereas, section 104(e)(2) of Title I, Public Law 99-239, 

     requires the President of the United States to report 

     annually to the Congress on the impact of the Compact on the 

     State of Hawaii, identifying any adverse consequences 

     resulting from the Compact and making recommendations for 

     corrective action, focusing on such areas as trade, taxation, 

     immigration, labor, and environmental regulations; and

       Whereas, section 104(e)(3) of Title I, Public Law 99-239, 

     further provides that in preparing these reports to Congress, 

     the President shall request the views of the government of 

     the State of Hawaii and transmit the full text of those views 

     to Congress as part of those reports; and

       Whereas, the interpretation of and United States policy 

     regarding the Compact as set forth in section 104 of Title I, 

     Public Law 99-239, with respect to the Federated States of 

     Micronesia and the Republic of the Marshall Islands, also 

     applies to the Republic of Palau, pursuant to section 102(a) 

     of Title I, Public Law 99-658, thereby making the State of 

     Hawaii eligible for additional funds resulting from increased 

     demands placed on the educational and social services of the 

     State of Hawaii by immigrants from the Freely Associated 

     States; and

       Whereas, payments from the United States to the Republic of 

     Marshall Islands and the Federated States of Micronesia under 

     the Compact of Free Association will end on October 1, 2003, 

     and Compact re-negotiation talks have been continuing; and

       Whereas, instead of mitigating the incentive for Freely 

     Associated states citizens to migrate by improving the 

     overall quality of life in the Freely Associated States 

     through increased economic aid, the United States has 

     proposed giving additional funds to regions affected by 

     ``Compact impacts,'' while creating ``various mechanisms'' 

     to ensure that migrants from Freely Associated States are 

     eligible for admission; and

       Whereas, although the renegotiated Compacts with the 

     Republic of the Marshall Islands and the Federated States of 

     Micronesia will most likely continue to provide islanders 

     with visa-free entry to the United States, the United States 

     Congress should review the migration issue and increase the 

     amount of aid available for the Compact's educational and 

     social impact on Hawaii; and

       Whereas, many residents of the Freely Associated States are 

     attracted to the State of Hawaii due to the State's increased 

     employment and educational opportunities, as well as similar 

     Pacific Island culture and lifestyle; and

       Whereas, drawn by the promise of better medical care and a 

     better education for their children, over six thousand Freely 

     Associated State citizens have migrated to and are currently 

     residing in Hawaii; and

       Whereas, Freely Associated States citizens that enter the 

     United States may have contagious diseases, criminal records, 

     or chronic health problems--conditions that are normally 

     grounds for inadmissibility into the United States; and

       Whereas, the 1996 federal Welfare Reform Act cut off access 

     to federal welfare and medical assistance programs, forcing 

     citizens of the Freely Associated States residing in Hawaii 

     to rely on state aid; and

       Whereas, the cost of supporting Freely Associated States 

     citizens residing in Hawaii, largely in healthcare and 

     education, totaled more than $101,000,000 between 1998 and 

     2002; and

       Whereas, Freely Associated States students have higher 

     costs than other students due to poor language and other 

     skills, and because such students enter and leave school a 

     few times each year, their integration into the school system 

     has been difficult; and

       Whereas, since the Compact went into effect in 1986 until 

     2001, Hawaii has spend over $64,000,000 to educate Freely 

     Associated





[[Page S9408]]



     States citizens and their children in public schools, 

     $10,000,000 in 2000 alone; and

       Whereas, last year, the number of Freely Associated States 

     students in primary and secondary public schools in Hawaii 

     increased by twenty-eight per cent, resulting in costs to the 

     State of over $13,000,000 for school year 2001-2002, and 

     ringing the total cost for education, since 1988, to about 

     $78,000,000; and

       Whereas, during the academic school year 2001-2002, the 

     University of Hawaii lost over $1,200,000 in tuition revenue 

     systemwide, as a result of students from the Federated States 

     of Micronesia, the Republic of the Marshall Islands, and the 

     Republic of Palau paying resident rather than non-resident 

     tuition; and

       Whereas, inadequate and delayed federal compensation to 

     Hawaii's education system results in a cost to Hawaii's own 

     children and contributes to Hawaii being substantially below 

     many other states in per pupil expenditures for public school 

     children in kindergarten through twelve; and

       Whereas, state medical assistance payments for Freely 

     Associated States citizens from 1998 to 2002 totaled 

     $14,961,427, and financial assistance payments during the 

     same period totaled $13,378,692, with costs borne solely by 

     the State of Hawaii; and

       Whereas, the financial stability and viability of private 

     hospitals and medical providers is threatened by staggering 

     debts and write-offs for medical services provided to Freely 

     Associated States citizens residing in Hawaii, in spite of 

     state Medicaid reimbursements; and

       Whereas, between 1998 and 2002, $10.1 million in operating 

     losses attributable to healthcare for Freely Associated 

     States citizens residing in Hawaii were incurred at three 

     Honolulu hospitals (the Queen's Medical Center, Straub Clinic 

     and Hospital, and Kapiolani Medical Center for Women and 

     Children), and these types of losses were also incurred at 

     the twenty other hospitals in the State; and

       Whereas, community health centers estimate an annual cost 

     of $420,000 for services to Freely Associated States citizens 

     residing in Hawaii; and

       Whereas, the Department of Health has also been 

     significantly impacted by the cost of public health services 

     to Freely Associated States citizens residing in Hawaii, with 

     $967,000 spent on screening vaccination and treatment of 

     communicable diseases and $190,000 spent for immunization and 

     outreach by public health nurses; and

       Whereas, inadequate and delayed federal compensation 

     threaten to overwhelm Hawaii's health care systems, leading 

     to potential cutbacks in services and personnel that would 

     impact all of Hawaii's citizens; and

       Whereas, it is imperative that Hawaii be granted immediate 

     and substantial federal assistance to meet these mounting 

     costs; and

       Whereas, the fact that Micronesians should qualify for 

     federal benefits, while residing in Hawaii and the rest of 

     the United States, can best be summed up by the resolution 

     which was adopted September 9, 2001, in Washington, D.C., by 

     Grassroots Organizing for Welfare Leadership, supporting the 

     insertion of language in all federal welfare, food, and 

     housing legislation, because Micronesians are eligible for 

     these and other benefits as ``qualified non-immigrants'' 

     residing in the United States; and

       Whereas, the United States government is now owning up to 

     its responsibility for what the United States did to the 

     Micronesian people by refusing them food stamps and other 

     federal benefits when they come to Hawaii and the rest of the 

     United States seeking help; and

       Whereas, the excuse by the United States government to deny 

     any aid to the Micronesians in the United States is the word 

     ``nonimmigrant'' used in the Compact of Free Association to 

     describe Micronesians who move to Hawaii and the United 

     States; and

       Whereas, Micronesians have also developed high rates of 

     diabetes, high blood pressure, and obesity as a result of 

     American dietary colonialism; and

       Whereas, it is the intent of this Resolution to encourage 

     the responsible entities to implement the provisions of the 

     Compact of Freely Associated States, which authorizes compact 

     impact funds to be made available to states that welcome and 

     provide services to the people of the Federated States of 

     Micronesia, Republic of the Marshall Islands, and Republic of 

     Palau, because most of the Freely Associated States citizens 

     who migrate to Hawaii do so for medical problems related to 

     the United States' military testing of nuclear bombs; now, 

     therefore,

       Resolved, By the Senate of the Twenty-Second Legislature of 

     the State of Hawaii, Regular Session of 2003, that the Bush 

     Administration and the United States Congress are requested 

     to appropriate adequate financial impact assistance for 

     health, education, and other social services for Hawaii's 

     Freely Associated States citizens; and

       Resolved, That the Bush Administration and the United 

     States Congress are requested to insert language in all 

     federal welfare, food, and housing legislation which says 

     that Micronesians are eligible for federal food stamps, 

     welfare, public housing, and other federal benefits as 

     ``qualified nonimmigrants'' residing in the United States; 

     and

       Resolved, That the Bush Administration and the United 

     States Congress are requested to restore Freely Associated 

     States citizens' eligibility for federal public benefits, 

     such as Medicaid, Medicare, and food stamps; and

       Resolved, That Hawaii's congressional delegation is 

     requested to introduce legislation in the United States 

     Congress calling for further review of the migration issue 

     and for increased aid for the educational and social impact 

     of the Compact of Free Association, and any newly 

     renegotiated Compact, on the State of Hawaii; and

       Resolved, That Hawaii's congressional delegates are 

     requested to assure financial reimbursements, through the 

     establishment of a trust, escrow, or set-aside account, to 

     the State of Hawaii for educational, medical, and social 

     services and to Hawaii's private medical providers who have 

     provided services to Freely Associated States citizens; and

       Resolved, That certified copies of this Resolution be 

     transmitted to the President of the United States; U.S. 

     Secretary of State; President of the U.S. Senate; Speaker of 

     the U.S. House of Representatives; members of Hawaii's 

     congressional delegation; the Presidents of the Federated 

     States of Micronesia, the Republic of the Marshall Islands, 

     and the Republic of Palau, and their respective Honolulu 

     Offices; the national negotiating teams of the Compact of 

     Free Association; the Governor; State Attorney General; 

     Directors of Health and Human Services; President of the 

     University of Hawaii; Superintendent of Education; Chair of 

     the Board of Agriculture; Grassroots Organizing for Welfare 

     Leadership; Micronesians United; the United Church of Christ; 

     Hawaii Conference of Churches; and the United Methodist 

     Church of Honolulu.

                                  ____



       POM-194. A resolution adopted by the Senate of the 

     Legislature of the State of Michigan relative to the 

     Interstate Traveler Project; to the Committee on Environment 

     and Public Works.



                        Senate Resolution No. 89



       Whereas, the Interstate Traveler Project is an elevated 

     maglev (magnetic levitation) rail mass transit system that is 

     based upon a conduit cluster concept powered by hydrogen and 

     solar power. The project promises to provide travelers with a 

     clean, quiet, safe, reliable mode of transportation. The 

     intent of the project is to create the world's first 

     switchable maglev rail network that will provide interurban/

     intercity pedestrian, automobile, and light freight transit 

     services. The project will simultaneously produce, store, and 

     distribute hydrogen, which will not only serve as an 

     alternative energy source, but also give Michigan's 

     automakers the incentive to produce hydrogen internal 

     combustion engines, fuel cell cars, and the manufacturing 

     opportunity to build maglev rail cars; and

       Whereas, by fully integrating with the interstate highway 

     system, existing transportation infrastructure, and mass 

     transit systems, the Interstate Traveler Project seeks to 

     reduce traffic congestion and air pollution while improving 

     traffic safety and efficiency. The Interstate Traveler 

     Project substations will utilize the existing interstate 

     highway system's entrances and exits, providing a seamless 

     link of private automobiles, pedestrian traffic, existing 

     municipal bus routes, and taxi services. These substations 

     will also support the hydrogen distribution system, as well 

     as fiber optics, water, electricity, and other utilities. 

     Although the Interstate Traveler Project is ideally suited 

     for the interstate highway system, it may also be integrated 

     with existing and abandoned railroad right-of-ways or along 

     other appropriate lands; and

       Whereas, the Interstate Traveler Project is consistent with 

     the 2003 State of the Union address, which called on Congress 

     to appropriate $1.2 billion for hydrogen fuel cell 

     technology; now, therefore, be it

       Resolved by the Senate, That we memorialize Congress to 

     enact legislation to support research, development, and 

     construction of the Interstate Traveler Project through the 

     reauthorization of the Transportation Equity Act of the 21st 

     Century (TEA-21) and/or other related federal programs; and 

     be it further

       Resolved, That a copy of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, and the members of 

     the Michigan congressional delegation.

       POM-195. A resolution adopted by the House of 

     Representatives of the Legislature of the State of Michigan 

     relative to custom inspectors in Michigan; to the Committee 

     on Finance.



                        House Resolution No. 281



       Whereas, The events of September 11, 2001, have shattered 

     the illusion that past practices are adequate when it comes 

     to security issues. One of the most important elements of 

     security for our state is the need for stronger and more 

     thorough measures at Michigan's international points of 

     entry. While some people have long called for increased 

     resources at border crossings, there is little disputing the 

     significance of this now; and

       Whereas, Because of its unique and mutually beneficial 

     relationship with Ontario, Michigan includes some of the 

     busiest crossing points along the entire United States-Canada 

     border. In addition to the number of people who cross the 

     border each year, the amount of equipment and goods here far 

     surpasses the traffic in other regions. The importance of 

     free trade to both our countries is reflected in the volume 

     of material that comes into Michigan each day; and

       Whereas, Although there may eventually be other ways to 

     heighten security at border crossings with new technologies 

     and other





[[Page S9409]]



     strategies, the most effective, immediate, and practical 

     approach to take is to increase significantly the number of 

     customs agents working at entry points. No single step offers 

     a greater return than putting more trained and dedicated 

     customs agents at our international border crossings. In 

     addition to the added measure of security from better 

     inspections and examinations of people and goods entering the 

     country, the increased staffing would also bring benefits by 

     reducing delays as much as is practical; now, therefore, be 

     it

       Resolved by the House of Representatives, That we 

     memorialize the Congress of the United States to increase the 

     number of customs inspectors at Michigan's international 

     border crossings; and be it further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, and the members of 

     the Michigan congressional delegation.

       POM-196. A joint resolution adopted by the Assembly of the 

     State of Nevada relative to the U.S. Social Security Act; to 

     the Committee on Finance.



                           Joint Resolution 3



       Whereas, In 1977, Congress amended the Social Security Act 

     to provide that pensions earned in federal, state or local 

     government employment not covered by social security be 

     treated as if they were social security benefits, 

     specifically requiring that if a person receives such a 

     government pension, the social security benefits payable to 

     that person as a spouse or surviving spouse be reduced by the 

     amount of the government pension, which provision is commonly 

     known as the Government Pension Offset; and

       Whereas, Congress further amended the Social Security Act 

     in 1983, reducing the amount of the Government Pension Offset 

     to an amount equal to two-thirds of the amount of the 

     government pension, but simultaneously enacting what is 

     commonly known as the Windfall Elimination Provision, which 

     requires reductions in the primary social security benefit 

     earned by a person in employment covered by social security 

     if the person also receives a pension from a federal, state 

     or local government not covered by social security; and

       Whereas, Government employees in 15 states, including 

     Nevada, earn pension benefits that are not covered by social 

     security; and

       Whereas, The reductions in benefits effected by these 

     provisions can be significant, the Windfall Elimination 

     Provisions reducing the earned benefits of a person subject 

     to it by up to 60 percent and the Government Pension Offset 

     eliminating spousal benefits in their entirety for 9 out of 

     every 10 retired government workers to whom it applies; and

       Whereas, The retirement security and economic well-being of 

     over 300,000 government retirees is degraded by the 

     Government Pension Offset, some of whose benefits are also 

     subject to reduction pursuant to the Windfall Elimination 

     Provision; and

       Whereas, Each provision has had unintentional consequences, 

     the Windfall Elimination Provision causing a relatively 

     larger reduction in benefits paid to workers with low 

     incomes, while the Government Pension Offset applies 

     disproportionately to women, often dropping their income in 

     retirement below the poverty line, with the ironic effect of 

     making them eligible for more costly welfare benefits, such 

     as food stamps; and

       Whereas, Growing awareness of the inequities imposed by the 

     Windfall Elimination Provision and the Government Pension 

     Offset threatens efforts to attract and retain persons into 

     public service in the affected states, particularly into 

     teaching, a field which is notoriously underpaid, whose ranks 

     are disproportionately filled with women and for which there 

     is a critical shortage; and

       Whereas, There is pending before the 108th Session of 

     Congress the Social Security Fairness Act of 2003. H.R. 594 

     and S. 349, which would repeal both the Government Pension 

     Offset and the Windfall Elimination Provision; and

       Whereas, The repeal of these provisions would restore 

     fairness and equity to the most vulnerable federal, state and 

     local government retirees and eliminate disincentives for 

     public service in the affected states; now, therefore, be it

       Resolved by the Assembly and Senate of the State of Nevada. 

     Jointly. That the members of the Nevada Legislature hereby 

     urge Congress to amend the Social Security Act by repealing 

     the provisions, commonly known as the Government Pension 

     Offset and the Windfall Elimination Provision, that require 

     reductions in the amount of social security benefits paid to 

     persons who also receive pensions earned in federal, state or 

     local government employment not covered by social security; 

     and be it further.

       Resolved. That the Chief Clerk of the Assembly prepare and 

     transmit a copy of this resolution to the Vice President of 

     the United States as the presiding officer of the Senate, the 

     Speaker of the House of Representatives and each member of 

     the Nevada Congressional Delegation; and be it further

       Resolved, That this resolution becomes effective upon 

     passage.

       POM--197. A concurrent resolution adopted by the Senate of 

     the Legislature of the State of Louisiana relative to 

     Medicare; to the Committee on Finance.



                  Senate Concurrent Resolution No. 133



       To memorialize the Congress of the United States to enact 

     legislation to correct the flawed Medicare hospital 

     outpatient prospective payment system methodology in order to 

     ensure that all hospitals are appropriately reimbursed for 

     drugs and biologics as well as to ensure beneficiary access 

     to innovative biotechnology drugs.

       Whereas, the federal Medicare program for seniors and the 

     disabled has a responsibility to pay enough for beneficial 

     new technologies in order to ensure that beneficiaries have 

     access to the best care; and

       Whereas, the Medicare program should be a prudent purchaser 

     of health care items and services, however, decision making 

     should be made according to what is in the best interests of 

     the individual patient, not reimbursement amounts; and

       Whereas, the 2003 Medicare Hospital Outpatient Prospective 

     Payment System regulation implemented on January 1, 2003, by 

     the Centers for Medicare and Medicaid Services includes 

     drastic reductions in reimbursements for innovative and 

     biotech drugs covered by Medicare; and

       Whereas, the imposed reductions in reimbursements imposed 

     by Centers for Medicare and Medicaid Services may have 

     resulted in limiting beneficiary access to innovative but 

     expensive care; and

       Whereas, fair, stable and rational reimbursements, devoid 

     of perverse financial incentives to use cheaper treatments, 

     will ensure patient access to new technologies; and

       Whereas, our senior citizens and the disabled deserve 

     access to the best medicine America has to offer. Therefore, 

     be it Resolved that the Legislature of Louisiana memorializes 

     the Congress of the United States to enact legislation to 

     correct the flawed Medicare hospital outpatient prospective 

     payment system methodology in order to ensure that all 

     hospitals are appropriately reimbursed for drugs and 

     biologics and to ensure beneficiary access to innovative 

     biotechnology medicines. Be it further, Resolved that a copy 

     of this Resolution shall be transmitted to the secretary of 

     the United States Senate and the clerk of the United States 

     House of Representatives and to each member of the Louisiana 

     Delegation to the United States Congress.

       POM-198. A joint resolution adopted by the Legislature of 

     the State of Maine relative to the social security offsets of 

     the government pension offset and the windfall elimination 

     provision; to the Committee on Finance.



                            Joint Resolution



       Whereas, under current federal law, individuals who receive 

     a Social Security benefit and a public retirement benefit 

     derived from employment not covered under Social Security are 

     subject to a reduction in the Social Security benefits; and

       Whereas, these laws, contained in the federal Social 

     Security Act, 42 United States Code, Chapter 7, Subchapter 

     II, Federal Old-Age, Survivors, and Disability Insurance 

     Benefits, and known as the Government Pension Offset and the 

     Windfall Elimination Provision, greatly affect public 

     employees, particularly women; and

       Whereas, the Windfall Elimination Provision reduces by a 

     formula the Social Security benefit of a person who is also 

     receiving a pension from a public employer that does not 

     participate in Social Security; and

       Whereas, the Government Pension Offset and the Windfall 

     Elimination Provision are particularly burdensome on the 

     finances of lower- and moderate-income public service 

     workers, such as school teachers, clerical workers and school 

     cafeteria employees, whose wages are low to start; and

       Whereas, the Government Pension Offset and the Windfall 

     Elimination Provision both unfairly reduce benefits for those 

     public employees and their spouses whose careers cross the 

     line between the private and public sectors; and

       Whereas, since many lower-paying public service jobs are 

     held by women, both the Government Pension Offset and the 

     Windfall Elimination Provision have a disproportionately 

     adverse effect on women; and

       Whereas, in some cases, additional support in the form of 

     income, housing, heating, prescription drug and other safety 

     net assistance from state and local governments is needed to 

     make up for the reductions imposed at the federal level; and

       Whereas, other participants in Social Security do not have 

     their benefits reduced in this manner; and

       Whereas, to participate or not to participate in Social 

     Security in public sector employment is a decision of 

     employers, even though both the Government Pension Offset and 

     the Windfall Elimination Provision directly punish employees 

     and their spouses; and

       Whereas, although the Government Pension Offset was enacted 

     in 1977 and the Windfall Elimination Provision was enacted in 

     1983, many of the benefits in dispute were paid into Social 

     Security prior to that time; and

       Whereas, bills are present in Congress in both the House of 

     Representatives and the Senate, known as ``The Social 

     Security Fairness Acts,'' that would amend the Social 

     Security Act, 42 United states Code, Chapter 7, Subchapter II 

     and totally repeal both the Government Pension Offset and the 

     Windfall Elimination Provision; now, therefore, be it

       Resolved, That We, your Memorialists, request that the 

     President of the United States and the United states Congress 

     work together to support reform proposals that include the 

     following protections for low- and moderate-income government 

     retirees:





[[Page S9410]]



       1. Protections permitting retention of a combined public 

     pension and Social Security benefit with no applied 

     reductions;

       2. Protections permanently ensuring that level of benefits 

     by indexing it to inflation; and

       3. Protections ensuring that no current recipient's benefit 

     is reduced by the reform legislation; and be it further

       Resolved, That suitable copies of this resolution, duly 

     authenticated by the Secretary of State, be transmitted to 

     the Honorable George W. Bush, President of the United states; 

     the President of the United States Senate; the Speaker of the 

     House of Representatives of the United states; and each 

     Member of the Maine Congressional Delegation.

                                  ____



       POM-199. A joint resolution adopted by the Assembly of the 

     State of Nevada relative to compensation for losses of 

     revenue for public education; to the Committee on Health, 

     Education, Labor, and Pensions.



                         Joint Resolution No. 5



       Whereas, For many years, the State of Nevada, along with 

     the States of Alaska, Arizona, California, Colorado, Hawaii, 

     Idaho, Montana, New Mexico, Oregon, Utah, Washington and 

     Wyoming, have grappled with the challenge of providing the 

     best education for their residents; and

       Whereas, The State of Nevada and the other western states 

     face unique challenges in achieving this goal; and

       Whereas, From 1979 to 1998, the expenditures per pupil 

     increased approximately 28 percent in the western states, 34 

     percent in the State of Nevada and 57 percent in the 

     remaining states in the Nation; and

       Whereas, In the 2000-2001 school year, the pupil-teacher 

     ratio in public schools was approximately 18 to 1 in the 

     western states, 19 to 1 in the State of Nevada and 15 to 1 in 

     the remaining states in the Nation; and

       Whereas, The difficulty experienced by Nevada and the other 

     western states in providing quality education to their 

     residents is exacerbated by projections that enrollment in 

     public schools from 2002 to 2011 is expected to increase by 

     approximately 7 percent in Nevada and the other western 

     states and decrease by approximately 3 percent in the 

     remaining states in the Nation; and

       Whereas, The ability of the State of Nevada and other 

     western states to fund public education is further hindered 

     by and directly related to the fact that the Federal 

     Government holds large percentages of the land located in 

     those states; and

       Whereas, While states fund public education largely with 

     revenue earned from the assessment of state and local 

     property taxes, states cannot assess such property taxes on 

     land in the state held by the Federal Government; and

       Whereas, The State of Nevada and the other western states 

     face greater burdens than the remaining states in the Nation 

     in raising revenue from state and local property taxes to 

     fund public education as the Federal Government holds 

     approximately 52 percent of the land located in the western 

     states, 87 percent of the land located in the State of Nevada 

     and only 4 percent of the land located in the remaining 

     states; and

       Whereas, According to the Action Plan for Public Lands and 

     Education (APPLE) developed by the APPLE Steering Committee 

     established by Speaker Marty Stephens of the Utah House of 

     Representatives, the estimated annual loss of revenue from 

     the inability of a state to assess property taxes for public 

     education on land in the state held by the Federal Government 

     is approximately $4 billion in the western states and 

     approximately $116 million in the State of Nevada; and

       Whereas, The ability of the State of Nevada and other 

     western states to fund public education is also limited by 

     the fact that the Federal Government shares with states only 

     a portion of the royalty revenues that the Federal Government 

     receives from the natural resources on land in the state held 

     by the Federal Government; and

       Whereas, The amount of such royalties received by states 

     for public education is further reduced because land held by 

     the Federal Government is less likely to be developed and 

     federal laws often place stipulations on the use of royalty 

     payments made to states; and

       Whereas, According to the Action Plan for Public Lands and 

     Education (APPLE), the estimated annual loss of revenue as a 

     result of federal policies concerning royalty payments is 

     approximately $1.8 billion in the western states and 

     approximately $6 million in the State of Nevada; and

       Whereas, The Federal Government should compensate the State 

     of Nevada and other western states for the significant impact 

     of lands in those states held by the Federal Government; and

       Whereas, Just compensation provided by the Federal 

     Government to the State of Nevada and the other western 

     states will allow those states to be on equal footing with 

     the rest of the Nation in their efforts to provide education 

     for their residents; now, therefore, be it

       Resolved by the Assembly and Senate of the State of Nevada, 

     Jointly, That the members of the Nevada Legislature urge 

     Congress to appropriate just compensation to the State of 

     Nevada for the losses of revenue for public education from 

     the impact of land held by the Federal Government within the 

     boundaries of the State of Nevada; and be it further

       Resolved, That the Chief Clerk of the Assembly prepare and 

     transmit a copy of this resolution to the President of the 

     United States, Vice President of the United States as the 

     presiding officer of the Senate, the Speaker of the House of 

     Representatives, and each member of the Nevada Congressional 

     Delegation; and be it further

       Resolved, That this resolution becomes effective upon 

     passage.

                                  ____



       POM-200. A concurrent resolution adopted by the House of 

     Representatives of the Legislature of the State of Louisiana 

     relative to the United States Food and Drug Administration's 

     policies on pharmaceutical sales and pharmaceutical 

     companies; to the Committee on Health, Education, Labor, and 

     Pensions.



                  House Concurrent Resolution No. 105



       Whereas, the rules and regulations that the Federal Drug 

     Administration imposes on pharmaceutical companies affect the 

     cost of pharmaceutical research and the cost of retesting 

     drugs; and

       Whereas, although they comprise only a small part of the 

     total health care cost, drug prices are rising rapidly; and

       Whereas, major pharmaceutical companies are merging thereby 

     creating less drug choices for citizens to choose from; and

       Whereas, there is an extremely high cost of bringing a drug 

     to the market. Now, therefore, be it

       Resolved, That the Louisiana Legislature does hereby 

     memorialize the United States Congress to study the impact 

     that the United States Food and Drug Administration's 

     policies, rules, and regulations may have on pharmaceutical 

     companies and the development of new pharmaceuticals. Be it 

     further

       Resolved, That a copy of this Resolution be transmitted to 

     the presiding officers of the Senate and House of 

     Representatives of the Congress of the United States of 

     America and to each member of the Louisiana congressional 

     delegation.

                                  ____



       POM-201. A joint resolution adopted by the Legislature of 

     the State of Maine relative to the No Child Left Behind Act; 

     to the Committee on Health, Education, Labor, and Pensions.



                            Joint Resolution



       Whereas, on January 8, 2002, President Bush signed into law 

     the No Child Left Behind Act of 2001, referred to in this 

     resolution as ``the Act,'' which applies to all states that 

     accept federal Title I education dollars; and

       Whereas, the State of Maine receives federal Title I 

     dollars and is therefore subject to the Act's requirements;

       Whereas, the Act mandates that every public school in Maine 

     must make adequate yearly progress toward the goal of 100% 

     student proficiency in math, reading and language arts and 

     science by school year 2013-2014; and

       Whereas, the Act requires that an entire school be 

     identified as failing to make adequate yearly progress in any 

     school year when the school as a whole or any one of the 

     following subgroups within that school fails to make such 

     progress: students with learning disabilities and students 

     with limited English proficiency; and

       Whereas, it may be extremely difficult for the subgroup of 

     students with disabilities to make adequate yearly progress 

     in each of the measured areas each year, since those students 

     are identified as belonging in that subgroup because of 

     significant educational challenges, well above and beyond the 

     normal challenges encountered by nondisabled students, that 

     adversely affect their capacities to achieve proficiency in 

     the measured areas; and

       Whereas, it will be extremely difficult for the subgroup of 

     students with limited English proficiency to meet the 

     adequate yearly progress standard in the area of reading and 

     language arts since those students are required to be tested 

     in English after only 3 years in the public school system, 

     which will rarely be a sufficient time for such students to 

     become proficient in English; and

       Whereas, failure by either the disabilities subgroup or the 

     limited English proficiency subgroup in any given year to 

     meet any one of the State's proficiency expectations or that 

     year will result in identification of the school as a whole 

     as failing to make adequate yearly progress; and

       Whereas, the Act imposes a series of escalating 

     consequences and financial costs on local schools and school 

     units that fail to make adequate yearly progress for 2 or 

     more years in a row, including offering intradistrict school 

     choice and transportation; supplemental services, including 

     private tutoring for eligible students; and the possibility 

     of wholesale dismissal of teachers, paraprofessionals and 

     administrators who are considered ``relevant'' to the 

     school's failure to make adequate yearly progress; and

       Whereas, the Act requires the State of Maine and local 

     school units to develop additional new testing in grades 3, 

     5, and 7, which will further limit the time that teachers and 

     students are able to spend on achieving Maine's system of 

     learning results; and

       Whereas, the Act also requires that all Maine public school 

     teachers who teach in core academic subjects meet federal 

     ``highly qualified'' standards by the end of the 2005-2006 

     school year, with teachers new to the profession all having 

     to pass a rigorous state test in the areas they will be 

     teaching; and





[[Page S9411]]



       Whereas, the Act also requires that all paraprofessionals 

     and educational technicians working in programs funded by 

     Title I must meet certification standards that are often 

     higher than those that currently apply in Maine; and

       Whereas, the Act imposes significant costs on local school 

     units, teachers, and paraprofessionals for the funding of 

     staff development, certification upgrades, course work, 

     choice-related transportation and private tutoring, as well 

     as the unavoidable costs and dislocation that would arise in 

     the event of mandatory school restructuring and staff 

     dismissals; and

       Whereas, the State of Maine has had high standards of 

     learning in its system of learning results since 1995, long 

     before enactment of the Act, including a comprehensive 

     statewide assessment of student achievement through the Maine 

     Educational Assessment and including a new system of local 

     assessment to go into effect by the end of the 2003-2004 

     school year; and

       Whereas, the State of Maine for many years has been one of 

     the highest-ranked states in the nation in school 

     achievement, ranking first in the nation in 1999 in the 

     performance of its kindergarten to grade 12 system, ranking 

     first in the nation in 1999 as the best state in which to 

     raise a child, ranking first in the nation in 2001 in the 

     state high school completion rate and regularly ranking among 

     the top states in the nation in student academic performance 

     on national testing in 4th and 8th grades; and

       Whereas, the State of Maine has obtained its strong 

     educational achievements through the efforts of its students, 

     teachers and schools and its own system of learning results 

     prior to enactment of the No Child Left Behind Act of 2001; 

     and

       Whereas, enactment of the Act resulted in only a $4,600,000 

     increase in Title I funding for the State of Maine in 2002 

     over and above the 2001 level that applied before the new 

     Act's mandates; and

       Whereas, the congressional appropriation for Title I costs 

     was $3.15 billion short of the congressional authorization in 

     2002 and $4.32 billion short in 2003 and a projected $6.15 

     billion short in 2004, for a total shortfall of $13.2 billion 

     over the 3-year period; now, therefore, be it

       Resolved, That We, your Memorialists, on behalf of the 

     people of the State and on behalf of the State's outstanding 

     system of public elementary and secondary school education, 

     respectfully urge and request that the President of the 

     United States and the Congress of the United States 

     accommodate Maine's special circumstances by issuing a waiver 

     of the requirements under the No Child Left Behind Act of 

     2001 for the State's public schools; and be it further

       Resolved, That in the event that no such waiver is 

     forthcoming, the United States Congress should appropriate 

     full funding of the Act at the authorization levels called 

     for by the Act itself; and be it further

       Resolved, That suitable copies of this resolution, duly 

     authenticated by the Secretary of State, be transmitted to 

     the Honorable George W. Bush, President of the United States, 

     to the President of the United States Senate, to the Speaker 

     of the United States House of Representatives and each Member 

     of the Maine Congressional Delegation.

                                  ____



       POM-202. A joint resolution adopted by the Legislature of 

     the State of Maine relative to funding for AmeriCorps; to the 

     Committee on Health, Education, Labor, and Pensions.



                            Joint Resolution



       Whereas, AmeriCorps is the domestic version of the 

     internationally respected Peace Corps. It consists of 70,000 

     volunteers who serve either full-time or less than full-time 

     in local schools and nonprofit agencies. AmeriCorps members 

     perform volunteer service that meets a community need and 

     recruit citizens to work alongside them; and

       Whereas, over 1,500 Maine people have served full-time and 

     part-time in Maine communities through the federally funded 

     AmeriCorps program during the past 9 years; and

       Whereas, during 2003, nearly 200 AmeriCorps volunteers are 

     scheduled to serve in Maine communities to help local 

     nonprofit, educational and municipal organizations address 

     critical health, environmental, educational, housing, public 

     safety and homeland security issues; and

       Whereas, Maine AmeriCorps members are catalysts, building 

     stronger communities by engaging, on average, 32 local 

     citizens per AmeriCorps member in volunteer service that 

     solves local problems and meets critical local needs. In 

     2003, AmeriCorps members can be expected to meet or exceed 

     their 2002 success of 9,000 citizens recruited and placed in 

     service to communities; and

       Whereas, in just the last 4 years, AmeriCorps service has 

     qualified Maine citizens for over $2,100,000 in federal 

     financial aid for higher education or payment of student 

     loans; now, therefore, be it

       Resolved, That We, your Memorialists, respectfully urge and 

     request that the Congress of the United States recognize the 

     valuable role AmeriCorps plays in Maine communities. We 

     request that AmeriCorps be funded as needed in these times of 

     budget cutting across the Nation in the fiscal year 2003 

     supplemental budget so that Maine communities are able to 

     receive help from AmeriCorps volunteers and meet the critical 

     needs of our citizens; and be it further

       Resolved, That suitable copies of this resolution, duly 

     authenticated by the Secretary of State, be transmitted to 

     the President of the United States Senate, to the Speaker of 

     the United States House of Representatives and to each Member 

     of the Maine Congressional Delegation.

                                  ____



       POM-203. A joint resolution adopted by the Legislature of 

     the State of Maine relative to calculating rates in the Woods 

     Wage Survey, establishing heavy equipment operational rates, 

     and removing barriers to the health and safety of persons 

     harvesting forest products; to the Committee on Health, 

     Education, Labor, and Pensions.



                            Joint Resolution



       We, your Memorialists, the Members of the One Hundred and 

     Twenty-first Legislature of the State of Maine now assembled 

     in the First Regular Session, most respectfully present and 

     petition the Congress of the United States as follows:

       Whereas, the United States Department of Labor H-2 Bonded 

     Labor Program is still used to employ loggers by timber 

     harvesting companies that operate in the forests of Maine; 

     and

       Whereas, a 1999 United States Department of Labor-sponsored 

     study of the H-2 program and the Maine logging industry 

     recommended a number of changes in the H-2 program; and

       Whereas, piece and equipment rates established annually for 

     the H-2 program essentially represent piece and equipment 

     rates not only for Canadian bonds but also United States 

     loggers who work in Maine timber harvesting operations; and

       Whereas, the timber harvesting segment of the Maine forest 

     products industry is characterized by greater use of 

     mechanized equipment to harvest the trees in the Maine woods 

     and the rates of operational reimbursement for that equipment 

     have not changed in 30 years; and

       Whereas, the 1999 bonded labor study found that ``changes 

     to the annual Woods Wage Survey and the establishment of 

     heavy equipment reimbursement rates will make the H-2 program 

     more efficient in ensuring its goals''; and

       Whereas, the varying and conflicting definitions of, 

     criteria for and application of independent contractor status 

     by federal agencies also represent a significant challenge to 

     the forest products industry and other industries; and

       Whereas, these varying and conflicting definitions and 

     applications of independent contractor status make it 

     difficult for members of the forest products industry and 

     other industries to efficiently operate their businesses in 

     compliance with these laws, which are intended to define and 

     characterize the employer-employee relationship; and

       Whereas, some of these varying and conflicting definitions 

     and applications of independent contractor status, 

     particularly Section 530 of the federal Revenue Act of 1978, 

     as amended, encourage and enable some industry members to use 

     these laws to gain a competitive advantage over those 

     industry members struggling to obey both the letter and the 

     spirit of these laws; and

       Whereas, these varying and conflicting definitions and 

     applications of independent contractor status have made it 

     difficult, if not impossible, for federal agencies to 

     successfully prosecute individuals and businesses who 

     willfully violate the letter and spirit of these laws; now, 

     therefore, be it

       Resolved, That We, your Memorialists, for the continued 

     viability of the timber harvesting industry in Maine, 

     respectfully recommend, urge and request the Members of the 

     Maine Congressional Delegation to:

       1. Submit and support legislation requiring the United 

     States Department of Labor to establish reimbursement rates 

     for heavy equipment operation under the H-2 program;

       2. Urge the United States Department of Labor to conduct a 

     thorough examination of the current methodology for 

     calculating the various rates reflected in the annual Woods 

     Wage Survey for the H-2 program, particularly the methodology 

     for calculating hourly wage rates, and specifically urge the 

     department to examine the methodology for its Woods Wage 

     Survey for accuracy, rigor and types of workers included in 

     the survey's universe;

       3. Submit and support legislation to clarify and make more 

     consistent the definitions, applications and criteria for 

     independent contractors in federal law; and

       4. Review Section 530 of the federal Revenue Act of 1978, 

     as amended, with the Internal Revenue Service to ensure that 

     is current application does not represent a barrier to the 

     health and safety of those who work in the forest products 

     industry and that, if warranted, the delegation submit and 

     support legislation that will clarify the application of 

     Section 530 of the federal Revenue Act of 1978, as amended; 

     and be it further

       Resolved, That suitable copies of this resolution, duly 

     authenticated by the Secretary of State, be transmitted to 

     the President of the United States Senate, to the Speaker of 

     the United States House of Representatives, to the Secretary 

     of the United States Department of Labor, to the Commissioner 

     of the United States Internal Revenue Service and to each 

     Member of the Maine Congressional Delegation.

                                  ____



       POM-204. A resolution adopted by the Senate of the 

     Legislature of the State of Michigan relative to bovine 

     tuberculosis; to the Committee on Health, Education, Labor, 

     and Pensions.





[[Page S9412]]



                        Senate Resolution No. 87



       Whereas, Bovine tuberculosis is an infectious disease that 

     poses a significant risk to domestic livestock, wildlife, 

     companion animals, and humans throughout the world; and

       Whereas, Bovine tuberculosis has many severe impacts beyond 

     the disease itself. It increases costs, limits markets for 

     livestock producers nationally and internationally, depresses 

     interest in the state's hunting and tourism industries, and 

     requires state resources for its eradication. These factors 

     have impacted the families of northeastern Lower Michigan 

     significantly; and

       Whereas, Since the discovery of bovine tuberculosis in wild 

     white-tailed deer in Michigan in 1995, and in cattle in 1998, 

     the state of Michigan, in a partnership with Michigan State 

     University, the livestock industry, the hunting and outdoors 

     community, and local and federal officials, has worked 

     diligently to control, contain, and eradicate the disease; 

     and

       Whereas, Through an aggressive testing plan for livestock 

     and wildlife, Michigan is able to demonstrate to other states 

     and the world that this disease is not present throughout the 

     entire state of Michigan and that the tremendous efforts 

     undertaken with both livestock and wildlife are moving the 

     state toward eradication; and

       Whereas, Federal assistance on technical, financial, and 

     staff levels has been critical to Michigan's efforts to 

     eradicate bovine tuberculosis; and

       Whereas, With many other current and emerging plant and 

     animal diseases, resources are challenged at both the federal 

     and state levels to address these diseases adequately; now, 

     therefore, be it

       Resolved by the Senate, That we memorialize the Congress of 

     the United States to continue providing assistance to 

     Michigan to help eradicate bovine tuberculosis; and be it 

     further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, the members of the 

     Michigan congressional delegation, and the United States 

     Department of Agriculture.

                                  ____



       POM-205. A resolution adopted by the Senate of the 

     Legislature of the State of Michigan relative to Federal 

     Prison Industries' unfair advantages in business competition; 

     to the Committee on the Judiciary.



                       Senate Resolution No. 103



       WHEREAS, in 1934, Federal Prison Industries (FPI) was 

     created as a government corporation. This system operates 

     more than 100 factories, utilizes more than 20,000 inmate 

     workers, and compiles total sales of approximately $500 

     million annually from over 150 products; and

       WHEREAS, While the role that FPI plays in promoting the 

     development of marketable skills among inmates has clear 

     merits, this operation enjoys unfair advantages over private 

     sector manufacturers. Even beyond the obvious wages and 

     benefits advantages inmate workers offer, other factors favor 

     FPI. This is especially true through certain governmental 

     procurement policies, including a ``mandatory source'' 

     requirement that severely limits competition; and

       WHEREAS, Michigan is harmed significantly by the advantages 

     FPI has over private manufacturers, especially within the 

     furniture industry. Thousands of Michigan workers have lost 

     their jobs in recent years, and the favorable policies for 

     FPI are major contributing factors in these job losses; and

       WHEREAS, In the past, legislation has been considered in 

     Congress to address directly the issue of the preferential 

     treatment afforded FPI in bidding for government contracts. 

     This unfair situation needs to be corrected to preserve jobs 

     and to restore fairness in the marketplace; now, therefore, 

     be it

       Resolved by the Senate, That we memorialize the Congress of 

     the United States to enact legislation that would remove the 

     unfair advantages that Federal Prison Industries has in 

     competition for business; and be it further

       Resolved, That copies of this resolution be transmitted to 

     the President of the United States Senate, the Speaker of the 

     United States House of Representatives, the members of the 

     Michigan congressional delegation, and the Office of the 

     President of the United States.

                                  ____



       POM-206. A joint resolution adopted by the Senate of the 

     Legislature of the State of Colorado relative to the Aurora 

     Veterans' Memorial; to the Committee on Veterans' Affairs.



                     Senate Joint Resolution 03-029



       Whereas, In 1918, the Army established the Army General 

     Hospital No. 21 to serve World War I veterans, which hospital 

     was later renamed Fitzsimons Army Medical Center to honor 1st 

     Lieutenant William T. Fitzsimons, the first Army officer 

     killed in World War I; and

       Whereas, On October 7, 2002, the Aurora City Council 

     approved a memorial concept to pay tribute to the many living 

     and fallen military veterans from the city of Aurora; and

       Whereas, The Aurora Veterans' Memorial at Fitzsimons--

     ``National Debt'' monument will be located in Generals' Park, 

     on the Fitzsimons campus; and

       Whereas, Artist and veteran Gene Martin will bring his 

     vision to reality with a stunning sculpture entitled 

     ``National Debt'' depicting a hand reaching down from above, 

     spilling over with dog tags; and

       Whereas, The approximately fifty readable dog tags in the 

     sculpture, as well as four of the five black granite base 

     panels, will be engraved with the names and other information 

     of military veterans whose home of record was Aurora and who 

     died as a result of combat action, in the line of duty, 

     during the time since the Spanish-American war; and

       Whereas, The proposed sculpture, from bronze and stainless 

     steel with a black granite base, will be surrounded by a 

     fifty-eight foot pentagon-shaped ring of approximately nine 

     thousand commemorative paver and donor bricks located on the 

     ground and vertically on the inside of the inner pentagon-

     shaped sandstone wall which will incorporate five massive 

     cornerstones, each with a six foot bench; and

       Whereas, Three flagpoles will be displayed. Six foot by ten 

     foot American and POW/MIA flags will fly on the center fifty-

     foot pole, and six foot by ten foot Colorado state and City 

     of Aurora flags will each fly on shorter forty-five foot 

     flagpoles located to the north and south of the center pole. 

     All three flagpoles will face east and will be brilliantly 

     lit at night along with the ``National Debt'' sculpture; and

       Whereas, The Aurora Veterans' Memorial at Fitzsimons--

     ``National Debt'' monument will permanently honor the spirit 

     and sacrifice of Aurora veterans and their commitment to the 

     defense of our nation and serve as a reminder that we owe a 

     debt of gratitude to our veterans; and

       Whereas, A special documentary will be produced explaining 

     the entire history and concept of the memorial, further 

     honoring the fallen heroes who sacrificed their lives; and

       Whereas, The Aurora Veterans' Memorial at Fitzsimons--

     ``National Debt'' monument will also inspire future 

     generations, deepening their appreciation of the 

     accomplishments, dedication, and sacrifices of veterans in 

     creating the foundation for a more stable, peaceful, and 

     prosperous world, and will further serve as a reminder of 

     what can be accomplished when people unite in pursuit of a 

     just cause; and

       Whereas, Governor Bill Owens has expressed his support for 

     the establishment of the Aurora Veterans' Memorial at 

     Fitzsimons--``National Debt'' monument as evidenced by his 

     letter dated March 17, 2003; now, therefore, be it

       Resolved by the Senate of the Sixty-fourth General Assembly 

     of the State of Colorado, the House of Representatives 

     concurring herein: That we, the members of the Sixty-fourth 

     General Assembly of the State of Colorado, recognize and pay 

     tribute to the veterans, living and fallen, of Aurora and of 

     all of Colorado, and we support the efforts of the Aurora 

     Veterans' Affairs Commission in erecting the Aurora Veterans' 

     Memorial at Fitzsimons--``National Debt'' monument. Be it 

     further

       Resolved, That copies of this Joint Resolution be sent to 

     President George W. Bush; Vice President Richard Cheney; 

     Secretary of State Colin Powell; Secretary of Defense Donald 

     Rumsfeld; Secretary of Veterans Affairs Anthony Principi; 

     Colorado's congressional delegation; Aurora Mayor Paul Tauer; 

     the Aurora City Council; the Aurora Veterans Affairs 

     Commission; and Jerry L. Staples, Director, Aurora Veterans' 

     Memorial at Fitzsimons--``National Debt'' monument.

                                  ____



       POM-207. A resolution adopted by the Senate of the 

     Legislature of the State of Hawaii relative to benefits for 

     Filipino veterans of World War II; to the Committee on 

     Veterans' Affairs.



                        Senate Resolution No. 70



       Whereas, on February 11, 2003, Representative Neil 

     Abercrombie, along with other members, introduced H.R. 664 in 

     the United States House of Representatives, which bill was 

     then referred to the Committee on Veterans' Affairs; and

       Whereas, H.R. 664 proposes to amend title 38 of the United 

     States Code, to improve benefits for Filipino veterans of 

     World War II and for the surviving spouses of those veterans; 

     and

       Whereas, H.R. 664 would mandate the Secretary of Veterans 

     Affairs to provide hospital and nursing home care and medical 

     services for service-connected disabilities for any Filipino 

     World War II veteran who resides in the United States and is 

     a United States citizen or lawful permanent resident alien; 

     and

       Whereas, H.R. 664 would further increase the rate of 

     payment of dependency and indemnity compensation of surviving 

     spouses of certain Filipino veterans; and

       Whereas, H.R. 664 would also increase the rate of payment 

     of compensation benefits and burial benefits to certain 

     Filipino veterans designated in title 38 United States Code 

     section 107(b) and referred to as New Philippine Scouts; now, 

     therefore, be it

       Resolved by the Senate of the Twenty-second Legislature of 

     the State of Hawaii, Regular Session of 2003, That the United 

     States Congress is respectfully urged to support the passage 

     of H.R. 664, to improve benefits for Filipino veterans of 

     World War II and the surviving spouses of those veterans; and 

     be it further

       Resolved, That certified copies of this Resolution be 

     transmitted to the President of the United States Senate, the 

     Speaker of the United States House of Representatives, the 

     members of Hawaii's congressional delegation, and the 

     Secretary of Veterans Affairs.





[[Page S9413]]



     

                                  ____

       POM-208. A resolution adopted by the Senate of the 

     Legislature of the State of Hawaii relative to improving 

     benefits for Filipino veterans of World War II; to the 

     Committee on Veterans' Affairs.



                        Senate Resolution No. 69



       Whereas, on January 7, 2003, Senator Daniel K. Inouye 

     introduced S. 68 in the United States Senate, which bill was 

     read twice and then referred to the Committee on Veterans' 

     Affairs; and

       Whereas, S. 68 proposes to amend title 38 of the United 

     States Code, to improve benefits for Filipino veterans of 

     World War II and for the surviving spouses of those veterans; 

     and

       Whereas, S. 68 would increase the rate of payment of 

     compensation benefits to certain Filipino veterans, 

     designated in title 38 United States Code section 107(b) and 

     referred to as New Philippine Scouts, who reside in the 

     United States and are United States citizens or lawful 

     permanent resident aliens; and

       Whereas, S. 68 would further increase the rate of payment 

     of dependency and indemnity compensation of surviving spouses 

     of certain Filipino veterans; and

       Whereas, S. 68 would further make eligible for full 

     disability pensions certain Filipino veterans who reside in 

     the United States and are United States citizens or lawful 

     permanent resident aliens; and

       Whereas, S. 68 would further mandate the Secretary of 

     Veterans Affairs to provide hospital and nursing home care 

     and medical services for service-connected disabilities for 

     any Filipino World War II veteran who resides in the United 

     States and is a United States citizen or lawful permanent 

     resident alien; and

       Whereas, S. 68 would further require the Secretary of 

     Veterans' Affairs to furnish care and services to all 

     Filipino World War II veterans for service-connected 

     disabilities and nonservice-connected disabilities residing 

     in the Republic of the Philippines on an outpatient basis at 

     the Manila VA Outpatient Clinic; now, therefore, be it

       Resolved by the Senate of the Twenty-second Legislature of 

     the State of Hawaii, Regular Session of 2003, That the United 

     States Congress is respectfully urged to support the passage 

     of S. 68 to improve benefits for certain Filipino veterans of 

     World War II; and be it further

       Resolved, That certified copies of this Resolution be 

     transmitted to the President of the United States Senate, the 

     Speaker of the United States House of Representatives, the 

     members of the Hawaii congressional delegation, and the 

     Secretary of Veterans Affairs.

                                  ____



       POM-209. A concurrent resolution adopted by the House of 

     Representatives of the Legislature of the State of New 

     Hampshire; to the Committee on Veterans' Affairs.



                   House Concurrent Resolution No. 8



       Whereas, one of the prime missions of the Department of 

     Veterans Affairs is to nurture the health of those who have 

     served their country and who qualify for medical care; and

       Whereas, Congress has authorized an increase in the 

     medication copayment from $2 to $7 and applied it to each 

     month's supply rather than each prescription refill, pursuant 

     to the Veterans Millennium Health Care and Benefits Act of 

     1999; and

       Whereas, this change results in a $21 copayment for a 3 

     months' supply of even minor medications such as aspirin or 

     antacid; and

       Whereas, while the Department of Veterans Affairs gains 

     financially, the effect of such changes discourage veterans 

     from seeking help and is contrary to the Department's 

     mission: Now, therefore, be it

       Resolved by the House of Representatives, the Senate 

     concurring: That the general court of New Hampshire hereby 

     urges that the Congress of the United States make the 

     necessary changes concerning the copayment of $7 per 

     prescription, rather than each prescription refill, and 

     return to the $2 copayment pursuant to the Veterans 

     Millennium Health Care and Benefits Act of 1999; and

       That copies of this resolution signed by the speaker of the 

     house of representatives and the president of the senate be 

     forwarded by the house clerk to the President of the United 

     States, the President of the United States Senate, the 

     Speaker of the United States House of Representatives, the 

     Secretary of the Department of Veterans Affairs, and to each 

     member of the New Hampshire congressional delegation.

                                  ____



       POM-210. A concurrent resolution adopted by the House of 

     Representatives of the Legislature of the State of Texas 

     relative to the State Children's Health Insurance Program; to 

     the Committee on Finance.



                   House Concurrent Resolution No. 57



       Whereas, Federal funding for the State Children's Health 

     Insurance Program (SCHIP), enacted in 1997 by the United 

     States Congress, is provided through state-specific, annual 

     allotments; and

       Whereas, Several states have been unable to use all of 

     their allotments, while other states spent all available 

     funds; and

       Whereas, Absent a statutory change, states with excess 

     funds from prior years would lose millions in funding and put 

     underserved children's health in jeopardy; and

       Whereas, The State of Texas's two-year appropriations cycle 

     delayed the initiation of the SCHIP program, presenting 

     barriers to the full utilization of early-year SCHIP 

     allotments; and

       Whereas, The State of Texas began the 2002-2003 biennium 

     enrolling more children in SCHIP faster than any other state 

     in the country; and

       Whereas, The State of Texas, specifically, stands to lose 

     $248 million in unspent SCHIP funds: Now, therefore, be it

       Resolved, That the 78th Legislature of the State of Texas 

     hereby respectfully urge the Congress of the United States to 

     enact legislation amending Title XXI of the Social Security 

     Act to extend the availability of allotments for fiscal years 

     1998 through 2001 under the State Children's Health Insurance 

     Program; and, be it further

       Resolved, That the Texas secretary of State forward 

     official copies of this resolution to the president of the 

     United States, the speaker of the house of representatives 

     and the president of the senate of the United States 

     Congress, and all the members of the Texas delegation to the 

     congress with the request that this resolution be officially 

     entered into the Congressional Record of the United States of 

     America.

                                  ____



       POM-211. A concurrent resolution adopted by the House of 

     Representatives of the Legislature of the State of Texas 

     relative to Medicaid spending; to the Committee on Health, 

     Education, Labor, and Pensions.



                   House Concurrent Resolution No. 56



       Whereas, State Medicaid spending currently accounts for 

     approximately 22 percent of total state spending; and

       Whereas, Under the Federal Medical Assistance Percentage, 

     the federal share of state Medicaid spending provided to the 

     State of Texas has decreased by 4.2 percent over the past 10 

     years; and

       Whereas, Average monthly Medicaid caseloads in the State of 

     Texas are projected to increase to 2,885,583 by fiscal year 

     2005 from 2,376,193 in fiscal year 2003; and

       Whereas, Prescription drug costs are a major factor driving 

     Medicaid expenditures, and annual Medicaid prescription 

     levels in the State of Texas are projected to rise to 

     40,257,515 by fiscal year 2005, from 33,859,094 in fiscal 

     year 2003; and

       Whereas, The Congressional Budget Office projects that 

     Medicaid spending under the current system will more than 

     double by the year 2012; and

       Whereas, Section 1115 of the Social Security Act grants the 

     secretary of health and human services broad authority to 

     waive certain laws relating to Medicaid or SCHIP for the 

     purpose of conducting pilot, experimental or demonstration 

     projects which are likely to promote the objectives of the 

     program; and

       Whereas, Section 1115 demonstration waivers allow states to 

     change provisions of their Medicaid or SCHIP programs, 

     including eligibility requirements, the scope of services 

     available, the freedom to choose a provider, a provider's 

     choice to participate in a plan, the method of reimbursing 

     providers, and the statewide application of the program; and

       Whereas, The State of Florida has successfully experimented 

     with the ``cash and counsel'' program, a consumer-directed 

     care model for the purchase of attendant care and other 

     community care services under a Section 1115 demonstration 

     waiver; and

       Whereas, In early 2002, both houses of the legislature of 

     the State of Florida voted unanimously to continue with a 

     consumer-directed care approach for the purchase of attendant 

     care and other community care services; Now, therefore, be it

       Resolved, That the 78th Legislature of the State of Texas 

     hereby respectfully urge the Secretary of the United States 

     Department of Health and Human Services to authorize any 

     section 1115 demonstration waivers, and any other related 

     waivers, requested by State of Texas for the purposes of 

     implementing a consumer-directed care program for the 

     purchase of attendant care and other community care services 

     under the state Medicaid program; and, be it further

       Resolved, That the Texas secretary of state forward 

     official copies of this resolution to the president of the 

     United States, the speaker of the house of representatives 

     and the president of the senate of the United States 

     Congress, the secretary of the United States Department of 

     Health and Human Services and all the members of the Texas 

     delegation to the congress with the request that this 

     resolution be officially entered into the Congressional 

     Record of the United States of America.

                                  ____



       POM-212. A concurrent resolution adopted by the Senate of 

     the Legislature of the State of Louisiana relative to seafood 

     import restrictions and antibiotics; to the Committee on 

     Health, Education, Labor, and Pensions.



                        Senate Resolution No. 57



       Whereas, on May 8, 2003 Senate Concurrent Resolution No. 18 

     of the 2003 Regulation Session was enrolled by the Louisiana 

     Legislature; and

       Whereas, Senate Concurrent Resolution No. 18 called for the 

     United States Government to improve enforcement of food 

     import restrictions on seafood imports containing 

     chloramphenicol, nitrofurans, and other banned veterinary 

     drugs in order to protect American consumers and ensure the 

     safety of the food supply; and

       Whereas, language was added to Senate Concurrent Resolution 

     No. 18 at the request of the American Seafood Distributors 

     Association (ASDA) to state that, ``United States based 

     companies involved in the importation and processing of 

     shrimp are opposed to the use of chloramphenicol and are 

     working with





[[Page S9414]]



     the domestic shrimp industry and the Food and Drug 

     Administration to develop effective protocols, including in-

     country testing, certification of foreign testing facilities 

     and other means to detect banned antibiotics and to exclude 

     all tainted products from the United States market''; and

       Whereas, the fact that both the domestic industry and 

     companies importing seafood into the United States are 

     opposed to the use of chloramphenicol and all other banned 

     drugs in imported seafood is a benefit to all United States 

     consumers; and

       Whereas, the specific working of the amendment added at the 

     request of the ASDA may be misinterpreted that the Louisiana 

     Legislature supports testing of imported seafood in foreign 

     countries: Therefore, be it

       Resolved, That the Senate of the Legislature of Louisiana 

     desires to clarify Senate Concurrent Resolution No. 18 of the 

     2003 Regular Session, enrolled on May 8, 2003, that the 

     Louisiana Legislature only supports the testing of imported 

     seafood by the Federal Food and Drug Administration within 

     the boundaries of the United States; and be it further

       Resolved, That a copy of this Resolution shall be 

     transmitted to the secretary of the United States Senate and 

     clerk of the United States House of Representatives and to 

     each member of the Louisiana delegation to the United States 

     Congress.

                                  ____



       POM-213. A concurrent resolution adopted by the Senate of 

     the Legislature of the State of Louisiana relative to funding 

     for the Louisiana University of Medical Services; to the 

     Committee on Health, Education, Labor, and Pensions.



                  Senate Concurrent Resolution No. 108



       Whereas, Louisiana suffers with one of the worst health 

     environments in the country, including a high infant 

     mortality rate, a high rate of low birth weight babies, and 

     an incidence of stroke that is 1.3 times that of the rest of 

     the country, outside of the ``stroke belt''; and

       Whereas, despite the best efforts of medical education 

     institutions in Louisiana, the deficit of primary care 

     physicians continues; and

       Whereas, less than one-half of the 1998 graduates of 

     medical education institutions in Louisiana selected a 

     primary care specialty; and

       Whereas, Louisiana University of Medical Sciences, Inc., 

     College of Primary Care Medicine, is a non-profit 

     organization designed to address the shortage of primary care 

     physicians in small towns, rural areas, and underserved 

     areas; and

       Whereas, the faculty and staff of the College of Primary 

     Care Medicine are committed to a teaching program that 

     addresses the shortage of primary care physicians both in 

     Louisiana and nationwide; and

       Whereas, throughout the educational experience at the 

     College of Primary Care Medicine of the Louisiana University 

     of Medical Sciences, Inc., the student will be exposed to a 

     wide variety of primary health care settings; and

       Whereas, through the program at the College of Primary Care 

     Medicine of the Louisiana University of Medical Sciences, 

     Inc., the traditional basic medical sciences will be 

     thoroughly presented, and students will be given all the 

     tools necessary to be successful on the United States Medical 

     Licensing Examination: Therefore, be it

       Resolved, That the Legislature of Louisiana hereby 

     memorializes the Congress of the United States to provide 

     funding for the Louisiana University of Medical Sciences, 

     Inc., College of Primary Care Medicine; and be it further

       Resolved, That a copy of this Resolution be transmitted to 

     the President of the United States, the secretary of the 

     United States Senate, the clerk of the United States House of 

     Representatives, and each member of the Louisiana delegation 

     to the United States Congress.



                          ____________________