[Congressional Record Volume 152, Number 12 (Monday, February 6, 2006)]
[Senate]
[Pages S725-S728]
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-254. A resolution adopted by the Senate of the State of 
     Michigan relative to providing the states with authority to 
     regulate the flow and importation of solid waste from outside 
     the country; to the Committee on Energy and Natural 
     Resources.

                        Senate Resolution No. 43

       Whereas, For the past seven years, the amount of solid 
     waste coming into Michigan for disposal has increased from 
     5.6 million cubic yards to over 15 million cubic yards each 
     year. Carefully planned landfill space, intended to be used 
     for solid waste generated in Michigan, is being quickly 
     filled by waste from other states and Canada. Michigan has 
     enacted several laws to control the solid waste stream coming 
     into the state in an attempt to protect our environment, 
     water, and public health; and
       Whereas, The United States Supreme Court limited the 
     state's ability to further restrict out-of-state waste when 
     it ruled in Fort Gratiot Sanitary Landfill v. Michigan 
     Department of Natural Resources that the states do not have 
     authority to regulate or ban the importation of solid waste. 
     The court further ruled that Congress can provide states with 
     such authority by enacting appropriate legislation; and
       Whereas, United States Representative Mike Rogers has 
     introduced legislation, H.R. 593, to allow Michigan and other 
     states to control the flow of solid waste coming from other 
     countries into their states. Specifically, H.R. 593 would 
     allow Michigan to enact legislation banning or restricting 
     the disposal of Canadian waste in Michigan landfills. 
     Although supported by members of Congress on both sides of 
     the aisle, bills on this topic introduced in prior 
     congressional sessions did not pass the House of 
     Representatives; now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact H.R. 593 to provide the states 
     with authority to regulate the flow and importation of solid 
     waste from outside the country; 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-255. A concurrent resolution adopted by the Senate of 
     the State of Michigan relative to implementing the Action 
     Plan to Restore and Protect the Great Lakes; to the Committee 
     on Environment and Public Works.

                  Senate Concurrent Resolution No. 34

       Whereas, Over 40 percent of the Great Lakes are under 
     Michigan's jurisdiction and the Great Lakes contain 95 
     percent of North America's fresh surface water; and
       Whereas, The Great Lakes affect all aspects of life in 
     Michigan and are inextricably linked to Michigan's history, 
     culture, and economy. The Great Lakes have for thousands of 
     years supported native communities' culture and way of life; 
     and
       Whereas, The Great Lakes fuel Michigan's tourism and 
     recreation industry. Recreational fishing alone adds $1.4 
     billion annually to the state's economy; and
       Whereas, The state of Michigan has historically been a 
     leader in protecting the Great Lakes, including efforts to 
     regulate ballast water discharges that could harbor invasive 
     species and to eliminate the disposal of dangerous 
     contaminants in the Great Lakes; and
       Whereas, Despite Michigan's efforts, the Great Lakes are 
     ailing from a multitude of stressors, including aquatic 
     invasive species, toxic contamination of river and lake 
     sediments, partially or inadequately treated sewage 
     discharges, pollution from nonpoint sources, and coastal 
     habitat loss. Combined, these stressors will have long-
     lasting effects on the Great Lakes, Michigan's economy, and 
     our way of life; and
       Whereas, There has been an unprecedented collaborative 
     effort on the part of 1,500 people representing federal, 
     state, and local governments, Native American tribes, 
     nongovernmental entities, and private citizens

[[Page S726]]

     to develop an Action Plan to Restore and Protect the Great 
     Lakes; and
       Whereas, Implementation of the Action Plan can restore the 
     ecology of the Great Lakes and avert impending environmental 
     threats to the region; and
       Whereas, A recent report by the federal Great Lakes 
     Interagency Task Force has, at the eleventh hour, attempted 
     to change the rules that the Regional Collaboration operated 
     under by recommending that the strategy be constrained by 
     current budget projections; and
       Whereas, The action plan previously developed through the 
     Regional Collaboration includes recommendations that call on 
     the states and federal government to take substantial new 
     steps jointly in the restoration and protection of the Great 
     Lakes; now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we urge the Great Lakes Regional 
     Collaboration and the United States Congress to take prompt 
     action to finalize, endorse, implement, and invest in the 
     Action Plan to Restore and Protect the Great Lakes; and be it 
     further
       Resolved, That we urge the United States Congress to adopt 
     legislation to implement and fully invest in the Action Plan; 
     and be it further
       Resolved, That we intend for the state of Michigan to 
     continue its proud tradition of Great Lakes stewardship and 
     fulfill its commitment to restoring the Great Lakes by taking 
     substantial steps and, whenever practical, match federal 
     funding to implement the Action Plan to Restore and Protect 
     the Great Lakes; and be it further
       Resolved, That copies of this resolution 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 members of the Michigan congressional 
     delegation, the Great Lakes Commission, the Great Lakes 
     Legislative Caucus, the International Joint Commission, the 
     Great Lakes Fishery Commission, the Michigan Office of the 
     Great Lakes, the Michigan Department of Environmental 
     Quality, and the Michigan Department of Natural Resources.
                                  ____

       POM-256. A resolution adopted by the House of 
     Representatives of the State of Michigan relative to 
     implementing the Action Plan to Restore and Protect the Great 
     Lakes; to the Committee on Environment and Public Works.

                        House Resolution No. 143

       Whereas, Over 40 percent of the Great Lakes are under 
     Michigan's jurisdiction and the Great Lakes contain 95 
     percent of North America's fresh surface water; and
       Whereas, The Great Lakes affect all aspccts of life in 
     Michigan and are inextricably linked to Michigan's history, 
     culture, and economy. The Great Lakes have for thousands of 
     years supported native communities' culture and way of life; 
     and
       Whereas, The Great Lakes fuel Michigan's tourism and 
     recreation industry. Recreational fishing alone adds $1.4 
     billion annually to the state's economy; and
       Whereas, The state of Michigan has historically been a 
     leader in protecting the Great Lakes, including efforts to 
     regulate ballast water discharges that could harbor invasive 
     species and to eliminate the disposal of dangerous 
     contaminants in the Great Lakes;
       Whereas, Despite Michigan's efforts, the Great Lakes are 
     ailing from a multitude of stressors, including aquatic 
     invasive species, toxic contamination of river and lake 
     sediments, partially or inadequately treated sewage 
     discharges, pollution from nonpoint sources, and coastal 
     habitat loss. Combined, these stressors will have long-
     lasting effects on the Great Lakes, Michigan's economy, and 
     our way of life; and
       Whereas, There has been an unprecedented collaborative 
     effort on the part of 1,500 people representing federal, 
     state, and local governments, Native American tribes, 
     nongovernmental entities, and private citizens to develop an 
     Action Plan to Restore and Protect the Great Lakes; and
       Whereas, Implementation of the Action Plan can restore the 
     ecology of the Great Lakes and avert impending environmental 
     threats to the region; and
       Whereas, A recent report by the federal Great Lakes 
     Interagency Task Force has, at the eleventh hour, attempted 
     to change the rules that the Regional Collaboration operated 
     under by recommending that the strategy be constrained by 
     current budget projections; and
       Whereas, The action plan previously developed through the 
     Regional Collaboration includes recommendations that call on 
     the states and federal government to take substantial new 
     steps jointly in the restoration and protection of the Great 
     Lakes: Now, therefore, be it
       Resolved by the House of Representatives, That we urge the 
     Great Lakes Regional Collaboration and the United States 
     Congress to take prompt action to finalize, endorse, 
     implement, and invest in the Action Plan to Restore and 
     Protect the Great Lakes; and be it further
       Resolved, That we urge the United States Congress to adopt 
     legislation to implement and fully invest in the Action Plan; 
     and be it further
       Resolved, That we intend for the state of Michigan to 
     continue its proud tradition of Great Lakes stewardship and 
     fulfill its commitment to restoring the Great Lakes by taking 
     substantial steps and, whenever practical, match federal 
     funding to implement the Action Plan to Restore and Protect 
     the Great Lakes; and be it further
       Resolved, That copies of this resolution 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 members of the Michigan congressional 
     delegation, the Great Lakes Commission, the Great Lakes 
     Legislative Caucus, the International Joint Commission, the 
     Great Lakes Fishery Commission, the Michigan Office of the 
     Great Lakes, the Michigan Department of Environmental 
     Quality, and the Michigan Department of Natural Resources.
                                  ____

       POM-257. A concurrent resolution adopted by the House of 
     Representatives of the General Assembly of the State of Ohio 
     relative to reforming the Medicaid program to ensure the 
     program's solvency for future generations; to the Committee 
     on Finance.

                      Concurrent Resolution No. 13

       Whereas, The Ohio Medicaid program plays a vital role in 
     preserving the health and safety of disabled and working low-
     income Ohioans, providing essential health care services for 
     nearly one in every six Ohioans, including one of every three 
     Ohio births, and funds 70 per cent of all nursing home care 
     provided in Ohio; and
       Whereas, Ohio's Medicaid program is growing at a rate of 
     almost twice that of state revenues despite efforts to 
     contain escalating program costs: since 2001, the program's 
     case load has increased 34 per cent; and
       Whereas, Currently, Ohio Medicaid program expenditures 
     represent 38 per cent of expenditures from the state's 
     General Revenue Fund; and
       Whereas, Remarkably, 72 per cent of Ohio's Medicaid 
     spending is directed toward the provision of long-term care 
     for elderly and disabled Ohioans--who comprise only 25 per 
     cent of the program's caseload of over 1.7 million Ohioans; 
     and
       Whereas, To increase the efficiency of the Medicaid 
     program, Ohio has instituted care management programs for 
     certain populations, including those with chronic disease, 
     and has implemented long-term care reform measures; and
       Whereas, The Ohio Medicaid program provides invaluable 
     assistance to the mentally retarded and developmentally 
     disabled (MR/DD) community. In an effort to maintain this 
     support, the program is seeking to develop strategies that 
     allow the state to continue to use local funds to finance MR/
     DD services; and
       Whereas, The overall strength of Ohio's Medicaid program is 
     predicated on the existing financial partnership between the 
     state and federal government; however, should caps on 
     reimbursement rates or cuts in federal funding be imposed, 
     the partnership may be negatively impacted; and
       Whereas, The federal government and state Medicaid programs 
     must increase collaboration to manage health care benefits 
     and their costs; in Ohio, services for ``dually eligible'' 
     Medicaid recipients--those who are eligible to receive 
     benefits from both Medicaid and Medicare--constitute 
     approximately 44 per cent of Ohio's total Medicaid costs, 
     while the dually eligible population comprises a mere 10 per 
     cent of Ohio's Medicaid recipients; and
       Whereas, The federal government could provide the Ohio 
     Medicaid program with access to its Medicare payment 
     information, which would help Ohio increase the effectiveness 
     of its Enhanced Care Management project and provide more 
     effective care to Ohio's aged, blind, and disabled Medicaid 
     recipients; and
       Whereas, Medicaid recipients have benefited greatly from 
     Ohio's commitment to expand significantly its capacity to 
     provide Medicaid services by providing care through home and 
     community-based services waiver programs; and
       Whereas, Despite Medicaid recipients' preference for home 
     and community-based care and the cost-effectiveness of home 
     and community-based services, federal regulations require the 
     provision of services in an institutional setting, while home 
     and community-based services may be provided only under 
     restricted waiver programs; and
       Whereas, If the federal government eliminated the 
     institutional bias in long-term care system design and 
     allowed states to detach Medicaid waivers from the nursing 
     home level of care, all Medicaid recipients nationwide would 
     benefit from the ability to choose their care setting; and
       Whereas, Private financing for both institutional and 
     community-based long-term care services should be encouraged 
     to mitigate the Ohio Medicaid program's existing role as a 
     purchaser of long-term care services; and
       Whereas, If reinstated by the United States Congress, the 
     Long Term Care Insurance Partnership would also greatly 
     reduce the American public's reliance on publicly funded 
     long-term care services and support; and
       Whereas, With regard to nursing home care, Ohio is pursuing 
     regulatory reform initiatives and recently applied to the 
     Centers for Medicare and Medicaid Services (CMS) for 
     consideration of a nursing facility survey pilot program to 
     allow the Ohio Department of Health to focus on facilities 
     that provide substandard care, thereby improving 
     facility residents' health and the overall quality of care 
     delivered in Ohio; and

[[Page S727]]

       Whereas, Partnership with CMS in the Medicare/Medicaid data 
     matching project empowered Ohio to more aggressively pursue 
     fraud and abuse among providers that charge both programs for 
     services; and
       Whereas, The Ohio Medicaid program would benefit greatly 
     from federal Medicaid policies that honor any approved state 
     Medicaid plan amendments (rather than requiring the 
     interpretation of policy on a case-by-case basis); and
       Whereas, Federal regulations governing findings for 
     recovery adversely impact the Ohio Medicaid program: the 
     regulations require the state to reimburse the federal 
     government for the service in question within 60 days--
     regardless of whether the program has recovered the costs 
     itself posing the potential for significant cash flow 
     disruptions within the program; and
       Whereas, The State of Ohio believes that under the Medicare 
     Modernization Act, the United States Secretary of Health and 
     Human Services has sufficient flexibility to work with states 
     to implement the changes made by the Act and that there 
     exists the need to exercise that authority to mitigate the 
     fiscal impact of Medicare Part D in Ohio, as the 
     implementation of Medicare Part D under the Act will likely 
     have a negative fiscal impact on Ohio's Medicaid program, 
     requiring the program to increase spending for its pharmacy 
     program; and
       Whereas, The Ohio Medicaid program has enacted measures to 
     more efficiently manage pharmacy benefit costs, but if the 
     program were authorized to determine which drugs are included 
     in the program formulary in a manner similar to that provided 
     under Medicare Part D, the program could manage costs even 
     more effectively; and
       Whereas, Ohio encourages continued federal support and 
     investment in new technologies that improve the state's 
     ability to manage the Medicaid program and control program 
     costs; and
       Whereas, In an ongoing effort to encourage behavior changes 
     in Medicaid recipients and to prompt recipients to manage 
     their own benefits, the Ohio Medicaid program seeks 
     authority, on behalf of all state Medicaid programs, to 
     charge Medicaid recipients enforceable copayments for 
     services: Now therefore, be it
       Resolved, That we, the members of the 126th General 
     Assembly of the State of Ohio, acting on behalf of the 
     citizens of Ohio, strongly urge the Congress of the United 
     States and the United States Secretary of Health and Human 
     Services to respond to the specific concerns delineated in 
     this resolution by reforming the Medicaid program to increase 
     Ohio's authority to design Medicaid coverage and services and 
     ensure the program's solvency for future generations; and be 
     it further
       Resolved, That the Clerk of the House of Representatives 
     transmit duly authenticated copies of this resolution to the 
     President of the United States, to the Speaker and the Clerk 
     of the United States House of Representatives, to the 
     President Pro Tempore and the Secretary of the United States 
     Senate, to the members of the Ohio Congressional delegation, 
     to the United States Secretary of Health and Human Services, 
     and to the news media of Ohio.
                                  ____

       POM-258. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     changing the coastal line by which the state receives tax and 
     mineral revenue from three miles to twelve miles to be 
     consistent with the states of Texas and Mississippi as it 
     relates to the receipt of federal tax and mineral revenue; to 
     the Committee on Finance.

                  Senate Concurrent Resolution No. 41

       Whereas, the state of Louisiana receives a portion of taxes 
     collected by the United States government on oil extracted in 
     the Gulf of Mexico within three miles from the coast of 
     Louisiana; and
       Whereas, the states of Texas and Mississippi receive a 
     portion of taxes collected by the U.S. government on oil 
     extracted in the Gulf of Mexico within twelve miles from 
     their respective coast lines; and
       Whereas, fairness and equity dictate that Louisiana should 
     be treated in the same manner as Texas and Mississippi as it 
     relates to the receipt of federal tax and mineral revenue: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     request the Congress of the United States to change the 
     coastal line by which the state receives tax and mineral 
     revenue from three miles to twelve miles to be consistent 
     with Texas and Mississippi as it relates to the receipt of 
     federal mineral revenue; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the Congress of the United States. 
                                  ____

       POM-259. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to supporting policies that protect and encourage 
     the cultural autonomy of the people of Macedonia; to the 
     Committee on Foreign Relations.

                        House Resolution No. 165

       Whereas, In 1991, 95 percent of the voters of Macedonia 
     voted for independence from Yugoslavia; and
       Whereas, In 1993, the Republic of Macedonia became a member 
     of the United Nations; and
       Whereas, In 1994, the United States of America recognized 
     the Republic of Macedonia as a sovereign state, and the 
     Republic of Macedonia was recently cited and honored by 
     President Bush and the United States Department of State for 
     its support in the war with Iraq; and
       Whereas, There is a large contingency of Macedonians living 
     throughout the United States; and
       Whereas, Macedonians began to immigrate to Michigan in the 
     late 1800s and continue to relocate and flourish here with a 
     strong community ethic; and
       Whereas, There are more than 60,000 Macedonians now living 
     throughout Michigan; and
       Whereas, The first, second, third, and fourth generation 
     Macedonians living in Michigan are a positive force 
     contributing to the economic, cultural, and educational basis 
     of this state; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the President and the Congress of the United 
     States to support policies that protect and encourage the 
     cultural autonomy of the people of Macedonia, including the 
     rights of Macedonians living throughout the Balkans to speak 
     their language, to attend schools and churches offered in 
     their language, to practice their customs, to be able to call 
     themselves Macedonians, and to be granted all the civil and 
     human rights required by international law; and be it further
       Resolved, That copies of this resolution be presented to 
     the Office of the President of the United States, the Speaker 
     of the House of Representatives, the President of the United 
     States Senate, and the members of the Michigan congressional 
     delegation.
                                  ____

       POM-260. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to amending the provision of law 
     requiring applicants for hunting and fishing licenses to 
     provide their Social Security numbers or other identifying 
     numbers by exempting applicants age 16 and under; to the 
     Committee on the Judiciary.

                        House Resolution No. 529

       Whereas, Statutory requirements that applications for 
     recreational licenses must include individuals' Social 
     Security numbers or other identifying numbers were enacted by 
     the Congress of the United States in 1997 as part of the 
     Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat. 
     251); and
       Whereas, the Commonwealth of Pennsylvania implemented this 
     Federal mandate through the act of December 16, 1997 
     (P.L.549, No.58), entitled ``An act amending Title 23 
     (Domestic Relations) of the Pennsy1vania Consolidated 
     Statutes, further providing for alimony, for information to 
     consumer reporting agency, for cooperation of government and 
     nongovernment agencies and for general administration of 
     support matters; providing for duties of Title IV-D attorney; 
     further providing for order of support, for mandatory 
     inclusion of child medical support, for commencement of 
     support actions or proceedings, for expedited procedure, for 
     paternity, for attachment of income, for costs and fees, for 
     continuing jurisdiction over support orders, for duty to 
     report and for denial or suspension of licenses; providing 
     for Title IV-D program and related matters; further providing 
     for acknowledgment and claim of paternity, for 
     responsibilities of law enforcement agencies, for court-
     ordered relief, for continuing exclusive jurisdiction, for 
     recognition of child support orders, for duties of initiating 
     tribunal, for duties and powers of responding tribunal, for 
     inappropriate tribunal, for duties of support enforcement 
     agency, for supervisory duty, for duties of the Department of 
     Public Welfare and for income-withholding order of another 
     state; providing for compliance with multiple income-
     withholding orders, for immunity from civil liability, for 
     penalties for noncompliance and for contest by obligor; 
     further providing for notice of registration of order, for 
     procedure to contest validity or enforcement of registered 
     order and for modification of child support order of another 
     state; providing for jurisdiction to modify child support 
     order of another state and for notice to issuing tribunal of 
     modification; further providing for supervisory duty and for 
     definitions; making repeals; and making editorial changes''; 
     and 
       Whereas, Criminal identity theft and threats to the 
     personal and financial privacy and security of Pennsylvanians 
     are on the rise; and
       Whereas, Procedures for the collection of Social Security 
     numbers now in use by licensing agents of the Pennsylvania 
     Game Commission and the Pennsylvania Fish and Boat Commission 
     necessitate the collection and storage of vital information 
     in a manner which may jeopardize confidentiality of those 
     numbers; and 
       Whereas, Criticism of the procedures used to gather and 
     safeguard Social Security numbers of applicants has grown 
     steadily, in some cases resulting in applicants simply 
     forgoing the purchase of a license rather than submitting 
     vital personal data to the archaic system now in use by both 
     commissions; and 
       Whereas, The Commonwealth of Pennsylvania strongly supports 
     all effective mechanisms to encourage payment of child 
     support obligations; and 
       Whereas, Requiring applicants for hunting and fishing 
     licenses who are age 16 and under to provide their Social 
     Security numbers or other identifying numbers does not 
     enhance effective enforcement of child support obligations 
     inasmuch as these applicants are highly unlikely to be in 
     arrears on child support payments; and 

[[Page S728]]

       Whereas, It is unlikely that the Congress of the United 
     States intended to require applicants for hunting and fishing 
     licenses age 16 and under to be included in this requirement; 
     therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and the 
     Congress of the United States to amend the provision of law 
     requiring applicants for hunting and fishing licenses to 
     provide Social Security numbers or other identifying numbers 
     by exempting applicants age 16 and under; 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-261. A resolution adopted by the Board of Commissioners 
     of Ferry County, State of Washington, relative to supporting 
     county custom, culture, and heritage in decision making on 
     federal lands in Ferry County, State of Washington; to the 
     Committee on Environment and Public Works.
       POM-262. A resolution adopted by the City Commission of the 
     City of Lauderdale Lakes of the State of Florida relative to 
     encouraging Congress to pass the Debris Removal Act of 2005; 
     to the Committee on Homeland Security and Governmental 
     Affairs. 

              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. DORGAN (for himself, Mr. Conrad, Mr. Bingaman, 
             Ms. Murkowski, Mr. McCain, Mr. Johnson, and Mr. 
             Smith):
       S. 2245. A bill to establish an Indian youth telemental 
     health demonstration project; to the Committee on Indian 
     Affairs.
           By Mr. SCHUMER:
       S. 2246. A bill to establish within the United States 
     Marshals Service a short term State witness protection 
     program to provide assistance to State and local district 
     attorneys to protect their witnesses in homicide and major 
     violent crime cases and to provide Federal grants for such 
     protection; to the Committee on the Judiciary.
           By Mr. REID (for Mr. Obama):
       S. 2247. A bill to promote greater use of information 
     technology in the Federal Employees Health Benefits Program 
     under chapter 89 of title 5, United States Code, to increase 
     efficiency and reduce costs; to the Committee on Homeland 
     Security and Governmental Affairs.

                          ____________________