[Congressional Record Volume 149, Number 111 (Thursday, July 24, 2003)]
[Senate]
[Pages S9902-S9904]
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-235. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to low-interest 
     loans for military personnel called to active duty; to the 
     Committee on Armed Services.

                       Senate Resolution No. 151

       Whereas, The recent events in our country have served to 
     remind us of the degree to which our nation relies upon the 
     sacrifices of our men and women in the military. With the 
     call to active duty of thousands of members of National Guard 
     and reserve units for overseas deployment and an increasing 
     range of domestic security assignments, it is clear that our 
     military strength is rooted in both the professional ranks 
     and those working in civilian life while serving as ready 
     reserves; and
       Whereas, The men and women called to active duty to help 
     the country respond to a crisis such as we have faced since 
     September 11, 2001, do so at great cost to their families 
     and, often, their careers. The uncertain length of the 
     activation in the current situation can make the return to 
     active duty a devastating blow to the finances of a family or 
     a small business. When the person called to duty is the 
     primary breadwinner in a family, for example, as is often the 
     case, the family can face many difficulties. The mortgage 
     payments, food and utility bills, and costs of raising 
     children do not go away when the regular paycheck is replaced 
     by a military paycheck that is usually far less; and
       Whereas, While it would be impossible to cover the entire 
     burden facing many families, it would be helpful for the 
     federal government to do all it can to address this issue. A 
     low-interest loan program for those whose active duty pay is 
     less than civilian levels can provide short-term help with 
     the monthly bills. For families who have sent someone to 
     fight terrorism, whether overseas or on assignments at 
     airports or border crossings, this would be an appropriate 
     step to take: Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to provide a program of low-interest loans 
     for military personnel called to active duty; 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-236. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to expenditures of money for 
     restoration of and water developments on the public lands in 
     Nevada; to the Committee on Energy and Natural Resources.

                     Senate Joint Resolution No. 2

       Whereas, In recent years, wildfires have caused extensive 
     damage to the public lands of this state by destroying 
     thousands of acres of public lands used for economic, 
     wildlife and recreational purposes, and have increased the 
     threat of infestation of exotic annual grasses and noxious 
     weeds which may, if not controlled cause further degradation 
     of the lands, deterioration of wildlife habitat, erosion, and 
     diminished water quality; and
       Whereas, Responsible management and preservation of the 
     public lands of this state require restoration of the public 
     lands through various means, including, without limitation, 
     reseeding, planting indigenous grasses and shrubs, combating 
     exotic annual grasses and noxious weeds and reducing the

[[Page S9903]]

     encroachment or density of certain plants for purposes of 
     fire suppression; and
       Whereas, Because of a lack of adequate water developments 
     on the public lands of this state, wildlife and livestock on 
     those public lands have been forced to concentrate near the 
     limited number of water developments thus jeopardizing the 
     ecological health of the public lands; and
       Whereas, Responsible management and preservation of the 
     public lands of this state require increasing the number of 
     water developments on the public lands of this state so that 
     the wildlife and livestock on those public lands will be 
     properly dispersed; and
       Whereas, Proper management and preservation of the public 
     lands and waters of this state are critical as these lands 
     support a wide variety of vital activities that are integral 
     to the economic success and enjoyment of the natural 
     resources of this state, including ranching, mining and 
     recreation, and are a unique and important historical, 
     cultural and environmental resource that must be maintained 
     and preserved for the use and appreciation of current and 
     future Nevadans; and
       Whereas, The continued economic success of this state, 
     existence of wildlife diversity in this state and enjoyment 
     derived from the natural resources of this state depend on 
     the maintenance of healthy ecosystems within the public lands 
     and waters of this state; and
       Whereas, The Southern Nevada Public Land Management Act of 
     1998, Pub. L. 105-263, 112 Stat. 2343, authorizes the 
     Secretary of the Interior to expend a portion of the proceeds 
     of the sale or exchange of certain public lands in Clark 
     County for conservation initiatives on certain public 
     lands in Clark County; and
       Whereas, It would greatly benefit and protect the 
     ecosystems on the public lands in Clark County if the 
     Secretary of the Interior expended the money authorized for 
     such conservation initiatives to pay for restoration of and 
     water developments on certain public lands in Clark County; 
     and
       Whereas, The Federal Land Transaction Facilitation Act, 43 
     U.S.C. Sec. Sec. 2301 et seq., which addresses the sale or 
     exchange of public lands in areas other than certain public 
     lands in Clark County, requires the Secretary of the Interior 
     and the Secretary of Agriculture to use the proceeds of such 
     sales or exchanges for certain purposes, but the Act does not 
     specifically designate any money for restoration of and water 
     developments on the public lands in the areas in which the 
     sales or exchanges occurred; and
       Whereas, It would greatly benefit and protect the 
     ecosystems on the public lands in the areas of this state 
     where public lands are sold or exchanged pursuant to the 
     Federal Land Transaction Facilitation Act, 43 U.S.C. 
     Sec. Sec. 2301 et seq., if the Act authorized the Secretary 
     of the Interior and the Secretary of Agriculture to expend a 
     portion of the proceeds obtained from such sales or exchanges 
     for restoration of and water developments on the public lands 
     in those areas: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature hereby 
     urge the Secretary of the Interior to expend the money 
     authorized pursuant to the Southern Nevada Public Land 
     Management Act of 1998, Pub. L. 105-263, 112 Stat. 2343, for 
     conservation initiatives on certain public lands in Clark 
     County to pay for restoration of and water developments on 
     such public lands in Clark County; and be it further
       Resolved, That the members of the Nevada Legislature hereby 
     urge Congress to amend the Federal Land Transaction 
     Facilitation Act, 43 U.S.C. Sec. Sec. 2301 et seq., to 
     authorize the Secretary of the Interior and the Secretary of 
     Agriculture to expend money obtained pursuant to the Act to 
     pay for restoration of and water developments on the public 
     lands in the areas of Nevada where public lands are sold or 
     exchanged pursuant to the Act; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the United 
     States Senate, the Speaker of the House of Representatives, 
     the Secretary of the Interior, the Secretary of Agriculture, 
     the Director of the Bureau of Land Management and each member 
     of the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-237. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to the allocation of water rights 
     for watering livestock on public lands; to the Committee on 
     Energy and Natural Resources.

                     Senate Joint Resolution No. 1

       Whereas, Approximately 87 percent of the land in Nevada is 
     held by the Federal Government and approximately 68 percent 
     of the land in Nevada is administered by the Bureau of Land 
     Management of the Department of the Interior; and
       Whereas, Proper management and allocation of water 
     resources on those lands are critical to the State of Nevada 
     as those lands comprise a vast majority of the land in Nevada 
     and as Nevada is one of the most arid states in the nation; 
     and
       Whereas, The State of Nevada has traditionally allocated 
     water rights on public lands managed or controlled by the 
     Federal Government pursuant to a system that provides an 
     option for a range user to hold water rights for watering 
     livestock solely in his own name; and
       Whereas, In the mid-1990s, the Secretary of the Interior 
     adopted regulations to be administered by the Bureau of Land 
     Management which departed from that system by establishing a 
     new approach to the allocation of water rights for watering 
     livestock on public lands; and
       Whereas, This new approach is codified in the second 
     sentence of 43 C.F.R. Sec. 4120.3-9 and has the effect of 
     significantly interfering with a range user holding such 
     water rights solely in his own name even if the range user 
     was fully responsible for the development of the water rights 
     and putting the water at issue to beneficial use; and
       Whereas, Since the adoption of the federal regulation at 
     issue, important water developments on the public lands in 
     Nevada have been postponed while the State of Nevada and the 
     Bureau of Land Management attempt to resolve issues 
     concerning the allocation of water rights for watering 
     livestock on public lands; and
       Whereas, If the sentence of 43 C.F.R. Sec. 4120.3-9 which 
     is at issue were deleted.:
       1. The State of Nevada could provide a range user the 
     option of holding water rights for watering livestock on 
     public lands in Nevada solely in his own name, without 
     interference, as the State has done successfully for many 
     years;
       2. A range user who is fully and solely responsible for the 
     development of water rights and putting those water rights to 
     beneficial use would be authorized to hold such water rights 
     in his own name; and
       3. Important water developments on the public lands in the 
     State of Nevada could be resumed; now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the 72nd Session of the Nevada 
     Legislature hereby urge the Secretary of the Interior to 
     amend the regulations set forth in 43 C.F.R. Sec. 4120.3-9 by 
     deleting the second sentence of that regulation in its 
     entirety; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as presiding officer of the United States 
     Senate, the Speaker of the House of Representatives, the 
     Secretary of the Interior, the Director of the Bureau of Land 
     Management and each member of the Nevada Congressional 
     Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-238. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to urging the United States Department of Homeland 
     Security to locate its Midwestern Headquarters at the 
     Selfridge Air National Guard Base in Macomb County; to the 
     Committee on Environment and Public Works.

                        House Resolution No. 47

       Whereas, As our country continues to put in place stronger 
     defenses against terrorism through homeland security 
     measures, a key component will be the establishment of 
     regional headquarters for the United States Department of 
     Homeland Security. The President has called for regional 
     centers in his 2004 budget proposal; and
       Whereas, In the Midwest, an excellent site for a regional 
     headquarters is the Selfridge Air National Guard Base in 
     Macomb County. The advantages this location offers range from 
     low costs, unsurpassed strategic significance, and facilities 
     that can provide for a swift and smooth transition to the 
     responsibilities of homeland security work; and
       Whereas, Located at the heart of the nation's freshwater 
     network and near several of the busiest international points 
     of entry along our northern border, Selfridge is well 
     positioned to handle quickly any type of task to protect 
     America's people, resources, and infrastructure. Clearly, 
     this location offers opportunities for enhanced 
     responsiveness to the challenges before us in safeguarding 
     our nation in the years ahead; now, therefore, be it
       Resolved by the House of Representatives, That we urge the 
     United States Department of Homeland Security to locate its 
     Midwestern headquarters at the Selfridge Air National Guard 
     Base in Macomb County; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Secretary of the United States Department of Homeland 
     Security, 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-239. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Michigan relative to 
     repealing the federal excise tax on telephone and other 
     communications services; to the Committee on Finance.

                   Senate Concurrent Resolution No. 4

       Whereas, The federal tax on telephone service was put in 
     place in 1898 as a temporary luxury tax on the new technology 
     of the telephone. At that time, the government needed money 
     to help pay for the Spanish-American War. Over the past 
     century, this tax, which is now three percent, has been 
     changed many times; and
       Whereas, Recently, a focal point of tax policy has been the 
     question of taxing another emerging communications 
     technology, the Internet. This discussion has caused some 
     observers to reexamine the nature of certain taxes. There is 
     a strong parallel between the

[[Page S9904]]

     notion of taxing some aspect of the Internet and the tax 
     applied to the telephone a century ago; and
       Whereas, The federal excise tax on telephone services 
     provides an example of poor public policy. This tax is 
     regressive in that all taxpayers, regardless of ability to do 
     so, pay the same rate even though a phone is a necessity of 
     modern life. Unlike other federal excise taxes, the telephone 
     tax is not an attempt to reduce public use of a product like 
     tobacco or alcohol that can be harmful and is not needed. In 
     addition, the money raised from this excise tax does not go 
     to any specific purpose related to telecommunications; now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to repeal the federal excise tax on telephone and 
     other communications services; 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-240. A resolution from the Senate of the Legislature of 
     the State of Michigan international border crossings; to the 
     Committee on Finance.

                       Senate Resolution No. 149

       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 a 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 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 Senate, 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-241. A resolution adopted by the Senate of the General 
     Assembly of the State of Pennsylvania relative to 
     prescription drug benefits to recipients of Medicare; to the 
     Committee on Finance.

                           Senate Resolution

       Whereas, The United States House of Representatives is 
     about to consider legislation proposed by President Bush that 
     would provide prescription drug benefits to recipients of 
     Medicare; and
       Whereas, The proposed legislation utilizes private 
     companies to provide the benefits but does not consider 
     public programs such as PACE and PACENET; and
       Whereas, PACE, PACENET and public programs like them in 12 
     other states have saved millions of dollars in expensive 
     medical procedures which have been prevented or delayed 
     because participants have been kept healthy with their needed 
     prescription medications; and
       Whereas, Because the benefits of State programs will likely 
     be more generous than any Federal benefit, low-income seniors 
     will not leave PACE and PACENET, and Pennsylvania will see no 
     savings; and
       Whereas, Consequently PACE and PACENET should be recognized 
     as PROVIDERS under any Medicare prescription drug bill passed 
     by the Congress of the United States; and
       Whereas, Our seniors would be allowed to continue to use a 
     program they trust while reimbursing PACE and PACENET 
     appropriately; and
       Whereas, Protecting seniors' options for coverage so they 
     have real choices is paramount and can lead to significant 
     cost savings and expanded benefits as well as rewarding 
     states that invest in prescription drug coverage; and
       Whereas, Congress is urged to include the following 
     language in the proposed legislation:
       Notwithstanding any other provision of law, at the option 
     of the State, any person enrolled in a State prescription 
     assistance program or a Section 1115 Medicaid Pharmacy Plus 
     Demonstration Program and eligible for Medicare benefits 
     shall be deemed enrolled in the Medicare prescription program 
     established by this act to the extent of but no more than the 
     benefit amount provided under this act. The Secretary of 
     Health and Human Services shall transfer a sum to each 
     eligible State equivalent to the amount of Federal funds that 
     would have been expended under the program established by 
     this act. The sum shall be transferred once every three 
     months and shall provide funding for prescription services 
     and related administrative expenses for the total number of 
     enrolled individuals in the previous three months. In the 
     case of a State with a Section 1115 Medicaid Pharmacy Plus 
     Demonstration Program, the amount transferred pursuant to 
     this act shall be deducted from the State's Medicaid claim 
     for quarter covered by the transfer; therefore be it
       Resolved, That the Senate urge Congress to consider the 
     PACE and PACENET programs for inclusion in the President's 
     proposed program to provide prescription drug benefits to 
     recipients of Medicare; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.

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