[Congressional Record Volume 149, Number 169 (Thursday, November 20, 2003)]
[Senate]
[Pages S15283-S15286]
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-326. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the federal tax code; to 
     the Committee on Armed Services.

                      Assembly Resolution No. 292

       Whereas, The President of the United States has authorized 
     the Secretary of Defense to mobilize select members of the 
     National Guard to active duty in response to the continuing 
     global war on terrorism, armed conflict with Iraq, and 
     heightened tensions with North Korea, additionally, state 
     governors have mobilized National Guard members for state 
     active duty to protect airports, nuclear power plants and 
     interstate bridges and tunnels; and
       Whereas, Members of the National Guard activated by the 
     President of the United States are entitled to certain 
     exemptions from income taxation that members of the National 
     Guard activated by a Governor are not; and
       Whereas, Members of the National Guard activated during the 
     current crises, whether activated by the President of the 
     United States or a Governor, are serving vital interests for 
     which they deserve the full support of our government; and
       Whereas, Many of the National Guard members and their 
     families will suffer short and long-term hardships due to 
     their state activation during the crises; and
       Whereas, It is fitting and proper that the United States 
     government recognize the sacrifice that these mobilized 
     National Guard members and their families are making; and
       Whereas, Part of this recognition should consist of the 
     enactment of federal legislation establishing the same tax 
     treatment for allowances received by members of the National 
     Guard on state active duty as exists for allowances received 
     by such members on federal active duty: Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The President of the United States and the Congress of 
     the United States are respectfully urged to enact legislation 
     to amend the provisions of the federal tax code to exempt 
     from taxable income of National Guard members on state active 
     duty allowances received for housing and subsistence.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States, the Majority and Minority Leaders of the United 
     States Senate, the Speaker and Minority Leader or the United 
     States House of Representatives, and each member of Congress 
     elected from the State of New Jersey.
                                  ____

       POM-327. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to trade relations with 
     Taiwan; to the Committee on Finance.

                      Assembly Resolution No. 228

       Whereas, The United States and the Republic of China, 
     commonly known as Taiwan, maintain an important trade 
     relationship, with Taiwan being among the largest trading 
     partners of the United States and the United States being one 
     of the largest exporters to Taiwan; and
       Whereas, Taiwan, the fourteenth largest trading nation in 
     the world, is a center for international trade which is vital 
     to the economic prosperity of this State and the United 
     States in general; and
       Whereas, The State of New Jersey and Taiwan established a 
     sister-state relationship in 1989 symbolizing the close 
     friendship between the people of New Jersey and the people of 
     Taiwan; and
       Whereas, This State seeks to encourage and expand mutually 
     beneficial commercial relationships with Taiwan; and
       Whereas, Taiwan is a modern democracy that routinely holds 
     free and fair elections and has dramatically improved its 
     record on human rights; and
       Whereas, Taiwan's 23,000,000 people are not represented in 
     the United Nations; and
       Whereas, Taiwan has in recent years repeatedly expressed 
     its strong desire to participate in the United Nations and 
     has much to contribute to the work and funding of the United 
     Nations; and
       Whereas, Taiwan's participation in the United Nations will 
     help maintain peace and stability in Asia and the Pacific: 
     Now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress and the President of the United States are 
     respectfully memorialized to strengthen trade relations with 
     the Republic of China (Taiwan) and to support the 
     participation of the Republic of China (Taiwan) in the United 
     Nations.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     United States Trade Representative, and every member of the 
     New Jersey Congressional delegation.
                                  ____

       POM-328. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to a Medicare prescription 
     drug benefit; to the Committee on Finance.

                      Assembly Resolution No. 318

       Whereas, Some senior citizens in New Jersey have 
     prescription drug coverage through the ``Pharmaceutical 
     Assistance to the Aged and Disabled'' and Medicaid programs, 
     Medicare supplemental insurance policies or retirement 
     benefit plans; however, according to the federal government, 
     approximately one-third of senior citizens in the nation do 
     not have any insurance coverage for prescription drugs; and
       Whereas, Prescription drugs and medication therapy 
     management services are essential components of medical 
     treatment, yet the Medicare program does not offer a 
     comprehensive prescription drug and service benefit to senior 
     citizens who need prescription drug and service coverage in 
     order to be able to afford their medications and comply with 
     prescription medication regimes; and
       Whereas, Proper utilization of prescriptions drugs can be 
     one of the most cost-effective medical interventions 
     available in the health care system and medication therapy 
     management services would assist senior citizens in proper 
     medication utilization, which can help reduce adverse 
     medication events that oftentimes result in increased 
     spending of Medicare funds for nursing home stays and 
     hospital, physician and emergency room visits; and
       Whereas, Proper utilization of prescription drugs can meet 
     the needs of special populations with chronic diseases and 
     those with co-morbidities through coordinating care with 
     disease management, drug utilization review and patient 
     education program, all of which aid in ameliorating medical 
     errors; and
       Whereas, Promoting greater access to prescription drugs 
     through the inclusion of a prescription benefit in the 
     Medicare program would reduce the incidence of senior 
     citizens employing unsafe cost-saving methods, such as 
     splitting pills and staggering the days on which medications 
     are taken; and

[[Page S15284]]

       Whereas, Comprehensive reform of the Medicare program would 
     coordinate care for this population and offer more choices of 
     quality coverage for senior citizens, while maintaining the 
     financial sustainability of the program; and
       Whereas, A voluntary, comprehensive Medicare prescription 
     drug benefit program, which provides eligible enrollees with 
     covered outpatient prescription drugs, medication preparation 
     services and medication therapy management services, would 
     ensure senior citizens access to necessary prescription drugs 
     and services: Now, therefore, be it
       Resolved by the Assembly of the State of New Jersey:
       1. This House respectfully memorializes Congress to enact, 
     and the President of the United States to sign into law, a 
     financially sustainable, voluntary, universal and 
     comprehensive prescription drug benefit in the Medicare 
     program, which would ensure senior citizens access to 
     necessary prescription drugs and services.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     of the General Assembly, shall be forwarded to the President 
     of the United States, the Secretary of Health and Human 
     Services of the United States, the presiding officers of the 
     United States Senate and the House of Representatives, and 
     each of the members of the Congress of the United States 
     elected from the State of New Jersey.
                                  ____

       POM-329. A resolution adopted by the Commission of the City 
     of Miami of the State of Florida relative to tax-exempt 
     governmental facilities; to the Committee on Finance.
       POM-330. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to steel tariffs; to the Committee 
     on Finance.

                        House Resolution No. 348

       Whereas, The Commonwealth of Pennsylvania is the birthplace 
     of the American steel industry and home to the country's 
     largest steel producer, United States Steel Corporation, and 
     to the United Steelworkers of America; and
       Whereas, The House of Representatives of the Commonwealth 
     of Pennsylvania unanimously passed House Resolution 429 on 
     February 12, 2002, calling upon the President to maintain the 
     Section 201 steel tariffs; and
       Whereas, The Senate of the Commonwealth of Pennsylvania 
     adopted Senate Resolution 165 on February 12, 2002, calling 
     upon the President to maintain the Section 201 steel tariffs; 
     and
       Whereas, As set forth in House Resolution 429 and Senate 
     Resolution 165, the domestic steel industry and the United 
     Steelworkers of America have worked cooperatively and made 
     difficult decisions to ensure that the steel industry's 
     restructuring occur in order to advance a globally 
     competitive United States steel industry; and
       Whereas, The President of the United States imposed steel 
     tariffs on March 5, 2003, which have been vitally important 
     to allow for the restructuring of the steel industry; and
       Whereas, Since the imposition of the Section 201 tariffs, 
     imports and domestic production of steel have increased; and
       Whereas, Steel prices in the United States are still lower 
     than in most other major steel-consuming markets around the 
     world, and any inquiry suffered by steel-consuming industries 
     is unrelated to the President's steel program; and
       Whereas, The overall competitiveness of the United States 
     manufacturing industries relies on the ability to maintain a 
     steady domestic steel supply; and
       Whereas, Maintaining a steady domestic steel supply is 
     critical to the overall competitiveness of the United States 
     manufacturing industries in the global marketplace; and
       Whereas, Steel is essential to the manufacturing and 
     infrastructure sectors, the mainstays of every advanced 
     economy, and no major industrialized nation has been able to 
     function without the ability to produce steel; and
       Whereas, The steel tariffs the President imposed in 2002 
     have provided relief for the domestic steel industry; the 
     tariffs have stopped the hemorrhaging and the steel industry 
     is seeing signs of real recovery; the industry has begun the 
     process of significant restructuring to adjust to the current 
     import competition situation; and continued relief for the 
     full three-year term is necessary so that the industry can 
     undertake vital capital investments that it was forced to 
     postpone due to the import crisis; therefore be it
       Resolved (the Senate concurring), That the General Assembly 
     urge the President to maintain the Section 201 steel tariffs 
     for the three-year duration and provide all available 
     assistance to ease the hardship which was resulted for 
     thousands of retired steelworkers as a result of bankruptcies 
     and restructuring; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, to Vice President Dick 
     Cheney, to the members of Congress and to Pennsylvania 
     Governor Edward G. Rendell.
                                  ____

       POM-331. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Medicare program; to the 
     Committee on Finance.

                        House Resolution No. 255

       Whereas, The mammogram is the medical standard in early 
     breast cancer detection, reducing mortality due to breast 
     cancer by at least 30%; and
       Whereas, In the past year and a half, low Medicare and 
     private insurance reimbursement rates for mammograms have 
     contributed to a crisis in mammography; and
       Whereas, The average cost of a mammogram is between $90 and 
     $100 and Medicare only reimburses $69 for the procedure; and
       Whereas, The private insurance reimbursement is between $50 
     and $60; and
       Whereas, As payments from the Medicare program have not 
     kept pace with rising health care costs, hundreds of 
     radiology clinics have been forced to close their doors and 
     radiologists have been unable to provide mammography services 
     because health care providers are not adequately reimbursed; 
     and
       Whereas, The current mammography crisis is causing an 
     increasing shortage of qualified radiologists to administer 
     mammograms; and
       Whereas, United States Senators Tom Harkin and Olympia 
     Snowe introduced Senate Bill No. 548, which would be known as 
     the Assure Access to Mammography Act; and
       Whereas, Senate Bill No. 548 would increase:
       (1) The reimbursement rate of mammography services under 
     the Medicare program to $90.
       (2) The Medicare graduate medical education funding for 
     added radiology residency slots, some of which are required 
     to specialize in mammography.
       (3) The funding for allied health profession loan programs 
     in order to increase the supply of qualified radiological 
     technicians available to conduct mammograms; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to pass Senate Bill No. 548 to provide enhanced 
     reimbursements for and expanded capacity to mammography 
     services under the Medicare program; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the Secretary of Health 
     and Human Services, the presiding officers of each house of 
     Congress and to each member of Congress from Pennsylvania.
                                  ____

       POM-332. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Federal Unemployment Tax Act; 
     to the Committee on Finance.

                        House Resolution No. 53

       Whereas, the Federal Unemployment Tax Act (FUTA) requires 
     that every employer pay an excise tax of 6.2% on the first 
     $7,000 of total wages paid to each employee; and
       Whereas, FUTA includes corporate officers within the scope 
     of covered employment by defining these persons as 
     ``employees'' of a corporation (26 U.S.C. Sec. 3121(d)(1)); 
     and
       Whereas, Pennsylvania employers, including corporate 
     officers, can, to the extent provided by law, take a tax 
     credit against the FUTA tax of the unemployment contributions 
     that were paid into Pennsylvania's unemployment compensation 
     fund; and
       Whereas, FUTA establishes that employers may take a maximum 
     credit of 5.4% against the FUTA tax; and
       Whereas, after the offset credit is applied, Pennsylvania 
     employers who pay into the State unemployment system are left 
     to pay 0.8% FUTA tax on the first $7,000 in wages paid to 
     each employee; and
       Whereas, Pennsylvania's Unemployment Compensation Law 
     requires that corporate officers pay unemployment 
     compensation taxes, although they generally are not eligible 
     to collect unemployment compensation benefits should they 
     become unemployed; and
       Whereas, Pennsylvania corporate officers have expressed 
     frustration because they are required to pay into the State's 
     unemployment compensation sysetm but are subsequently denied 
     unemployment benefits when they become unemployed; and
       Whereas, the payment of unemployment compensation taxes is 
     especially burdensome for small, incorporated businesses; and
       Whereas, exempting Pennsylvania corporate officers from 
     State unemployment contribution liability would be futile 
     because such officers would then be required to pay the full 
     6.2% FUTA tax on their wages instead of the net 0.8% rate 
     normally paid with the 5.4% offset credit permitted for State 
     unemployment taxes paid; and
       Whereas, such an exemption would not provide any real tax 
     relief to corporate officers, but would merely result in the 
     Federal Government benefiting from additional tax revenue at 
     the expense of Pennsylvania's unemployment compensation fund: 
     Therefore be it
       Resolved (the senate concurring) That the General Assembly 
     of the Commonwealth of Pennsylvania urge the Congress to 
     reexamine the FUTA tax as it relates to corporate officers 
     and reevaluate the need for such a tax; 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.
                                  ____

       POM-333. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the war against terrorism; to the 
     Committee on Foreign Relations.

[[Page S15285]]

                        House Resolution No. 373

       Whereas, nineteen terrorists hijacked four commercial 
     airplanes on September 11, 2001, crashing two planes into the 
     twin towers of the World Trade Center in New York City, one 
     into the Pentagon, in Washington, D.C., and one in 
     Pennsylvania, resulting in the loss of life of thousands of 
     innocent people; and
       Whereas, the events of September 11 led President George W. 
     Bush to initiate a war against terrorism that is being fought 
     at home and abroad through multiple operations including 
     diplomatic, military, financial, investigative, homeland 
     security and humanitarian actions; and
       Whereas, the United States is enforcing a doctrine which 
     makes plain that terrorists will be held responsible for 
     their actions and governments which harbor, feed, house and 
     hide terrorists will be held accountable for these acts; and
       Whereas, the United States has moved to block the assets of 
     62 organizations and individuals associated with two 
     investment and money-moving networks of terror; and
       Whereas, the coalition of countries supporting the 
     financial war against terrorism now stands at 195 countries; 
     and
       Whereas, the United States has issued orders blocking the 
     access of 150 known terrorists, terrorist organizations and 
     terrorist financial centers to United States financial 
     systems; and
       Whereas, the United States Department of Defense has 
     airdropped 1,725,840 Humanitarian Daily Rations totaling 
     approximately $120 million into Afghanistan; and
       Whereas, the United Nations reports that since November 1, 
     2001, nearly 12,000 refugees have spontaneously returned to 
     Afghanistan from refugee camps in Iran, representing only a 
     small portion of the estimated number of Afghan refugees in 
     Pakistan and Iran, and it is apparent that humanitarian 
     efforts must continue and be encouraged; and
       Whereas, the people of Afghanistan have suffered 
     extensively under the rule of the repressive Taliban regime, 
     with girls denied access to schooling; women prohibited from 
     working, accessing medical care and leaving their home 
     unescorted; women required to wear the enveloping burqa; and 
     other restrictive measures imposed on all Afghan people, 
     including restrictions on smiling, laughing, listening to 
     music and other normal activities of daily living; and
       Whereas, talks are under way in Bonn, Germany, among 
     various parties in Afghanistan to establish an agreement 
     leading to a stable, cohesive and broad-based government 
     which is loyal to the people of Afghanistan and respects its 
     international obligations: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania support and encourage the 
     continued efforts of the President and Congress of the United 
     States to bring those responsible for the September 11, 2001, 
     attack on America to justice; and be it further
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania support and encourage efforts 
     currently under way to establish a stable government in 
     Afghanistan and enable Afghanistan to become a peaceful 
     participant in world nations; and be it further
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania encourage national and 
     international efforts to bring humanitarian aid and relief to 
     the people of Afghanistan; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-334. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to funding for the Head 
     Start program; to the Committee on Health, Education, Labor, 
     and Pensions.

                      Assembly Resolution No. 307

       Whereas, the Federal Head Start project in the Department 
     of Health and Human Services has been one of the most 
     successful of the Great Society anti-poverty programs; and
       Whereas, New Jersey's Head Start programs have played a 
     highly successful and valuable multi-faceted role in fighting 
     poverty, creating economic opportunity and educating low-
     income children in New Jersey since 1965; and
       Whereas, New Jersey's Head Start programs have graduated 
     over 1.5 million children and made them education-ready for 
     kindergarten; and
       Whereas, New Jersey Head Start programs currently educate 
     over 16,000 children in New Jersey and build the capacity of 
     thousands of parents and staff; and
       Whereas, Head Start programs nationwide and in New Jersey 
     are under attack with a threatened loss of funding and 
     virtual elimination of Federal performance standards that 
     include social services benefits to families; and
       Whereas, the Federal Government is proposing to move 
     funding that goes to Head Start programs from the Department 
     of Health and Human Services to the Department of Education; 
     and
       Whereas, the Federal Government is also proposing to block 
     grant the Federal funding that goes to Head Start programs to 
     the individual states; and
       Whereas, the Department of Education has no experience in 
     supervising comprehensive anti-poverty, social service and 
     education programs for preschoolers and families; and
       Whereas, evidence makes clear that block granting to the 
     states the funds that now go directly from Federal to local 
     Head Start programs would undermine the consistent quality of 
     Head Start nationwide; and
       Whereas, studies show that Federal funds are 8 times more 
     likely than State funds to reach the neediest children, 
     including the General Accounting Office 1998 Report ``State 
     and Federal Efforts to Target Poor Children''; and
       Whereas, it is inconsistent for the Federal Government to 
     push for national outcomes for Head Start children and 
     simultaneously erase the mechanisms to help achieve them; and
       Whereas, currently, Head Start funds only 6 slots out of 
     every 10 for eligible children and Early Head start has only 
     enough funding to serve 3% of all eligible children; and
       Whereas, the New Jersey Supreme Court has already accepted 
     the argument that expanded preschool for low-income children 
     in poor school districts is essential to help combat the 
     disadvantages they experience relative to children living in 
     wealthier school districts; and
       Whereas, New Jersey has this nation's most segregated 
     housing system and school districts, and loss of Head Start 
     means low-income and black and Latino children would be 
     disappropriately affected; and
       Whereas, over $131 million in Head Start funds comes to 
     local programs in New Jersey, which leverages those funds and 
     invests in local businesses within the local Head Start 
     community; and
       Whereas, many community-based Head Start programs in New 
     Jersey are able to build preschool facilities more 
     economically and efficiently within the community than the 
     State and public schools; and
       Whereas, over 1,060 of Head Start's 3,400 employees in New 
     Jersey are former Head Start parents and from the local 
     community; and
       Whereas, Head Start's mission includes a commitment to help 
     parents become economically viable and better advocates for 
     children and also to strengthen the community and engage in 
     economic development activities; and
       Whereas, block granting would undermine the New Jersey 
     Supreme Court's Abbott v. Burk decision and allow the State 
     to use the Federal funds to pay for its expenses rather than 
     provide the supplemental funds that the Head Start programs 
     need to meet the Supreme Court mandates: Now, therefore, be 
     it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House expresses its opposition to the move of Head 
     Start funding by the Federal Government from the Department 
     of Health and Human Services to the Department of Education 
     and also expresses its opposition to provide Head Start 
     funding on a block grant basis.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the 
     Clerk, shall be transmitted to the President and Vice-
     President of the United States, the Speaker of the House of 
     Representatives, the Secretaries of Education and Health and 
     Human Services, and every member of Congress elected from 
     this State.
                                  ____

       POM-335. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to consolidation loans; to the 
     Committee on Health, Education, Labor, and Pensions.

                        House Resolution No. 388

       Whereas, the 1998 Amendments to the Higher Education Act of 
     1965 (Public Law 105-244) provided for Federal consolidation 
     loans to help students and graduates by reducing the cost of 
     repaying the money that they borrowed to finance their higher 
     education; and
       Whereas, the law provides that a borrower who has a Federal 
     consolidation loan is not eligible for a subsequent Federal 
     consolidation loan except in the narrower circumstances in 
     which he or she has obtained another eligible loan that is to 
     be consolidated with the existing consolidation loan; and
       Whereas, many students and graduates would benefit from the 
     ability to refinance their student loans more than once in 
     order to secure a lower rate of interest: Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress to 
     amend the 1998 Amendments to the Higher Education Act of 1965 
     to allow for subsequent Federal consolidation loans 
     regardless of whether the borrower has obtained a new 
     eligible loan; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-336. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to confirmation hearings on the Michigan nominees to 
     the United States 6th Circuit Court of Appeals; to the 
     Committee on the Judiciary.

[[Page S15286]]

                       Senate Resolution No. 127

       Whereas, the Senate of the United States is perpetuating a 
     grave injustice and endangering the well-being of countless 
     Americans, putting our system of justice in jeopardy in 
     Michigan and the states of the Sixth Circuit of the federal 
     court system; and
       Whereas, the Senate of the United States is allowing the 
     continued, intentional obstruction of the judicial 
     nominations of four fine Michigan jurists: Judges Henry W. 
     Saad, Susan B. Neilson, David W. McKeague, and Richard A. 
     Griffin, all nominated by the President of the United States 
     to serve on the United States 6th Circuit Court of Appeals; 
     and
       Whereas, this obstruction is not only harming the lives and 
     careers of good, qualified judicial nominees, but it is also 
     prolonging a dire emergency in the administration of justice. 
     This emergency has brought home to numerous Americans the 
     truth of the phrase ``justice delayed is justice denied''; 
     and
       Whereas, both of Michigan's Senators continue to block the 
     Judiciary Committee of the United States from holding 
     hearings regarding these nominees. This refusal to allow the 
     United States to complete its constitutional duty of advice 
     and consent is denying the nominees the opportunity to 
     address any honest objections to their records or 
     qualifications. It is also denying other Senators the right 
     to air the relevant issues and vote according to their 
     consciences. This is taking place during an emergency in the 
     United States 6th Circuit Court of Appeals with the backlog 
     of cases; and
       Whereas, we join with the members of Michigan's 
     congressional delegation who wrote Chairman Orrin Hatch on 
     February 26, 2003, to express their concern that ``if the 
     President's nominations are permitted to be held hostage, for 
     reasons not personal to any nominee, then these judicial 
     seats traditionally held by judges representing the citizens 
     of Michigan may be filled with nominees from other states 
     within the Sixth Circuit. This would be an injustice to the 
     many citizens who support these judges and who have given 
     much to their professions and government in Michigan''; and
       Whereas, we are concerned about the Sixth Circuit as a 
     whole, a circuit understaffed, with 4 of its 16 seats vacant, 
     knowing that the Sixth Circuit ranks next to last out of the 
     12 circuit courts in the time it takes to complete its cases. 
     Since 1996, each active judge has had to increase his or her 
     number of decisions by 46%--more than three times the 
     national average. In the recent past, the Sixth Circuit has 
     taken as long as 15.3 months to reach a final disposition of 
     an appeal. With the national average at only 10.9 months, 
     this means the Sixth Circuit takes over 40% longer than the 
     national average to process a case; and
       Whereas, the last time the Sixth Circuit was this 
     understaffed, former Chief Judge Gilbert S. Merritt said that 
     it was handling ``a caseload that is excessive by any 
     standard.'' Judge Merritt also wrote that the court was 
     ``rapidly deteriorating, understaffed and unable to properly 
     carry out their responsibilities''; and
       Whereas, decisions from the Sixth Circuit are slower in 
     coming, based on less careful deliberation, and, as a result, 
     are less likely to be just and predictable. The effects on 
     our people, our society, and our economy are far-reaching, 
     including transaction costs. Litigation increases as people 
     strive to continue doing business when the lines of swift 
     justice and clear precedent are being blurred; and
       Whereas, President Bush has done his part to alleviate this 
     judicial crisis. Over the past two years, he has nominated 
     eight qualified people to the Sixth Circuit Court of Appeals, 
     with three of them designated to address judicial 
     emergencies. Four of these nominees continue to languish 
     without hearings because of the obstruction of the two 
     Michigan Senators: Now, therefore, be it
       Resolved by the senate, That we memorialize the United 
     States Senate and Michigan's United States Senators to act to 
     continue the confirmation hearings and to have a vote by the 
     full Senate on the Michigan nominees to the United States 6th 
     Circuit Court of Appeals; and be it further
       Resolved, That copies of this resolution be transmitted to 
     Michigan's United States Senators and to the President of the 
     United States Senate.
                                  ____

       POM-337. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to confirmation 
     hearings on the Michigan nominees to the United States 6th 
     Circuit Court of Appeals; to the Committee on the Judiciary.

                        House Resolution No. 108

       Whereas, the Senate of the United States is perpetuating a 
     grave injustice and endangering the well-being of countless 
     Americans, putting our system of justice in jeopardy in 
     Michigan and the states of the Sixth Circuit of the federal 
     court system; and
       Whereas, the Senate of the United States is allowing the 
     continued, intentional obstruction of the judicial 
     nominations of four fine Michigan jurists: Judges Henry W. 
     Saad, Susan B. Neilson, David W. McKeague, and Richard A. 
     Griffin, all nominated by the President of the United States 
     to serve on the United States 6th Circuit Court of Appeals; 
     and
       Whereas, this obstruction is not only harming the lives and 
     careers of good, qualified judicial nominees, but it is also 
     prolonging a dire emergency in the administration of justice. 
     This emergency has brought home to numerous Americans the 
     truth of the phrase ``justice delayed is justice denied''; 
     and
       Whereas, both of Michigan's Senators continue to block the 
     Judiciary Committee of the United States Senate from holding 
     hearings regarding these nominees. This refusal to allow the 
     United States Senate to complete its constitutional duty of 
     advice and consent is denying the nominees the opportunity to 
     address any honest objections to their records or 
     qualifications. It is also denying other Senators the right 
     to air the relevant issues and vote according to their 
     consciences. This is taking place during an emergency in the 
     United States 6th Circuit Court of Appeals with the backlog 
     of cases; and
       Whereas, we join with the members of Michigan's 
     congressional delegation who wrote Chairman Orrin Hatch on 
     February 26, 2003, to express their concern that ``if the 
     President's nominations are permitted to be held hostage, for 
     reasons not personal to any nominee, then these judicial 
     seats traditionally held by judges representing the citizens 
     of Michigan may be filled with nominees from other states 
     within the Sixth Circuit. This would be an injustice to the 
     many citizens who support these judges and who have give much 
     to their professions and government in Michigan''; and
       Whereas, we are concerned about the Sixth Circuit as a 
     whole, a circuit court understaffed, with 4 of its 16 seats 
     vacant, knowing that the Sixth Circuit ranks next to last out 
     of the 12 circuit courts in the time it takes to complete its 
     cases. Since 1996, each active judge has had to increase his 
     or her number of decisions by 46%--more than three times the 
     national average. In the recent past, the Sixth Circuit has 
     taken as long as 15.3 months to reach a final disposition of 
     an appeal. With the national average at only 10.9 months, 
     this means the Sixth Circuit takes over 40% longer than the 
     national average to process a case; and
       Whereas, the last time the Sixth Circuit was this 
     understaffed, former Chief Judge Gilbert S. Merritt said that 
     it was handling ``a caseload that is excessive by any 
     standard.'' Judge Merritt also wrote that the court was 
     ``rapidly deteriorating, understaffed and unable to properly 
     carry out their responsibilities''; and
       Whereas, decisions from the Sixth Circuit are slower in 
     coming, based on less careful deliberation, and as a result, 
     are less likely to be just and predictable. The effects on 
     our people, our society, and our economy are far-reaching, 
     including transaction costs. Litigation increases as people 
     strive to continue doing business when the lines of swift 
     justice and clear precedent are being blurred; and
       Whereas, President Bush has done his part to alleviate this 
     judicial crisis. Over the past two years, he has nominated 
     eight qualified people to the Sixth Circuit Court of Appeals, 
     with three of them designated to address judicial 
     emergencies. Four of these nominees continue to languish 
     without hearings because of the obstruction of the two 
     Michigan Senators: Now, therefore, be it
       Resolved by the house of representatives, That we 
     memorialize the United States Senate and Michigan's United 
     States Senators to act to begin the confirmation hearings on 
     the Michigan nominees to the United States 6th Circuit Court 
     of Appeals; and be it further
       Resolved, That copies of this resolution be transmitted to 
     Michigan's United States Senators and to the President of the 
     United States Senate.

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