[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Pages 17999-18010]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-181. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to trade between the Republic of 
     China on Taiwan and the United States; to the Committee on 
     Finance.

                    Assembly Joint Resolution No. 4

       Whereas, it is our belief that it is the responsibility of 
     the United States to promote the values of freedom, 
     democracy, and a commitment to open markets and the free 
     exchange of both goods and ideas both at home and abroad; and
       Whereas, the Republic of China on Taiwan shares these 
     values with the United States and has struggled throughout 
     the past 50 years to create what is today an open and 
     thriving democracy; and
       Whereas, the United States must continue to support the 
     growth of democracy and ongoing market opening in Taiwan if 
     this relationship is to evolve and reflect the changing 
     nature of the global system in the 21st Century; and
       Whereas, despite the fact that Taiwan only recently became 
     a member of the World Trade Organization and that it has no 
     formal trade agreement with the United States, Taiwan has 
     nevertheless emerged as the United States' eighth largest 
     trading partner; and
       Whereas, American businesses and workers have benefited 
     greatly from this dynamic trade relationship, most recently 
     in the computer and electronics sector; and
       Whereas, Taiwan is a gateway to other Pacific Rim markets 
     for United States exports, helping to preserve peace and 
     stability within the entire region; and
       Whereas, United States agricultural products have been 
     particularly underrepresented in the list of United States 
     exports to the region despite the importance of the market 
     for growers of corn, wheat and soybeans: and
       Whereas, a free trade agreement would not only help 
     Taiwan's economy dramatically expand its already growing 
     entrepreneurial class, but it would also serve an important 
     political function; and
       Whereas, the United States needs to support partner 
     countries that are lowering trade barriers; and
       Whereas, Taiwan has emerged over the past two decades as 
     one of the United States' most important allies in Asia and 
     throughout the world; and
       Whereas, in the interest of supporting, preserving and 
     protecting the democratic fabric of the government of the 
     Republic of China on Taiwan, it is made clear that the United 
     States supports the withdrawal of missiles deployed as a 
     threat against Taiwan by the People's Republic of China; and
       Whereas, Taiwan has forged an open, market-based economy 
     and a thriving democracy based on free elections and the 
     freedom of dissent; and
       Whereas, it is in the interest of the United States to 
     encourage the development of both these institutions; and
       Whereas, the United States has an obligation to its allies 
     and to its own citizens to

[[Page 18000]]

     encourage economic growth, market opening, and the 
     destruction of trade barriers as a means of raising living 
     standards across the board; and
       Whereas, a free trade agreement with Taiwan would be a 
     positive step toward accomplishing all of these goals; and
       Whereas, the United States should also support the entry of 
     Taiwan into the World Health Organization, the United Nations 
     and other relevant international organizations: Now, 
     therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature hereby 
     urge President George W. Bush and Congress to support a free 
     trade agreement between the United States and Taiwan; and be 
     it further
       Resolved, That United States policy should include the 
     pursuit of some initiative in the World Trade Organization 
     that will give Taiwan meaningful participation in a manner 
     that is consistent with the organization's requirements; and 
     be it further
       Resolved, That the Chief Clerk of the Assembly prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the United States Secretary of State, the 
     Secretary of Health, Education, and Welfare, the Speaker of 
     the United States House of Representatives, the Vice 
     President of the United States as presiding officer of the 
     Senate, the Government of Taiwan, the World Trade 
     Organization and the members of the Nevada Congressional 
     Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-182. A resolution from the Senate of the Commonwealth 
     of Pennsylvania relative to the Combat Medical Badge; to the 
     Committee on Armed Services.

                               Resolution

       Whereas, the United States Army has denied the Combat 
     Medical Badge to personnel of the 91 MOS who were assigned to 
     duty aboard helicopter ambulances (DUSTOFF); and
       Whereas, from 1962 through 1973, 496,573 missions were 
     flown by DUSTOFF and more than 900,000 casualties were safely 
     evacuated; and
       Whereas, DUSTOFF missions are more hazardous than other 
     rotary-wing operations as proven by the aircraft loss rate 
     versus insertion and extraction missions; and
       Whereas, the bravery and the medical skills of the 
     aeromedic functioning in the heat of hard combat has often 
     meant the difference between survival and death; and
       Whereas, aeromedical personnel are able to triage and 
     provide necessary emergency medical treatment en route to a 
     definitive care facility, and many medics leave the 
     helicopter to load multiple casualties, often under the 
     intense enemy fire unarmed medevacs attract; and
       Whereas, selective expansion of the Combat Medical Badge 
     award occurred in the Persian Gulf War when the United States 
     Army Chief of Staff authorized if for medics assigned to 
     armor and ground cavalry units; and
       Whereas, the conduct of the Persian Gulf War was 
     characterized by armor and ground cavalry operations, while 
     airmobile operations dominated the Vietnam War from logistics 
     to combat to medevac; Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the President and Congress of the 
     United States to enact legislation requiring the retroactive 
     award of the Combat Medical Badge to all Vietnam personnel 
     serving in the 91 MOS who were assigned to helicopter 
     ambulances; and be it further
       Resolved, That no inference of any diminution of the 
     prestige of this award be assigned to the lawful and 
     realistic expansion of eligibility; and be it further
       Resolved, That initial presentations of the Combat Medical 
     Badge be received by survivors of aeromedical personnel whose 
     names appear on the Vietnam Veterans Memorial Wall; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President, presiding officers of each house of Congress 
     and to each member of Congress from Pennsylvania
                                  ____

       POM-183. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to funding for 
     the American Red Cross Armed Forces Emergency Services; to 
     the Committee on armed Services.

                        Senate Resolution No. 71

       Whereas, for over a century, the American Red Cross has 
     served as a link between the people of the United States and 
     their Armed Forces; and
       Whereas, under its Congressional Charter of 1905, the 
     American Red Cross is entrusted to deliver emergency messages 
     to members of the Armed Forces and their families; and
       Whereas, Military commanders around the world rely on the 
     Red Cross Armed Forces Emergency Services (AFES) to verify 
     the need to approve leave for military personnel, and to 
     provide financial support to enable them to return home when 
     necessary; and
       Whereas, in order to meet the Department of Defense 
     requirements for emergency leave verification, Red Cross AFES 
     is on call every hour of everyday and night for 13 million 
     service members and their families; and
       Whereas, the Red Cross AFES program maintains a global 
     emergency communications network supported by 392 employees 
     and 28,000 volunteers located in 961 chapters across the 
     nation, on 108 military installations around the world, and 
     at two AFES Centers located at Fort Sill, Oklahoma, and Falls 
     Church, Virginia; and
       Whereas, Michigan's 26 Red Cross chapters and its work on 
     three installations provided emergency communications 
     assistance to 6,238 military personnel and their families in 
     fiscal Year 2002. Since last July, the American Red Cross in 
     Michigan has seen a 43% increase in the number of military 
     cases served over last year; and
       Whereas, Operation Enduring Freedom, the war on terrorism, 
     and the Iraq conflict have place increased demands on this 
     vital program. The Red Cross and Congress can no longer rely 
     on charitable contributions from the American public to 
     support this required service, especially during the current 
     economic downturn: Now, therefore, be it
       Resolved by the Senate, That we memorialize Congress to 
     include funding for the American Red Cross Armed Forces 
     Emergency Services in the National Defense Authorization Act 
     and the Department of Defense Appropriations Act for fiscal 
     year 2004 to help fund costs associated with AFES emergency 
     communications and staff mobilization and deployment. We also 
     support the inclusion of AFES funding in the Department of 
     Defense budget request starting in fiscal year 2005; and be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-184. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Hawaii relative to military 
     bases; to the Committee on Armed Services.

                  Senate Concurrent Resolution No. 176

       Whereas, beginning in 1988, the Pentagon began to downsize 
     its military base structure with a series of base closures; 
     and
       Whereas, Congress accelerated the process by mandating 
     scheduled base realignment and closures (BRAC) over the last 
     decade and a half; and
       Whereas, U.S. military bases establish a substantial 
     economic and societal epicenter within the communities in 
     which the bases are located; and
       Whereas, the economies of a community, city, and even state 
     become severely dependent upon the commerce and vitality 
     created by the military personnel and their activities in the 
     area; and
       Whereas, all across the country, BRACs create a sudden 
     economic vacuum that adversely impacts on the lives of the 
     residents remaining after a military base has closed and its 
     personnel have moved away; and
       Whereas, one of the most immediate effects of a military 
     base closure is the loss of jobs as businesses attempt to 
     cope with the sudden decrease in commercial activity; and
       Whereas, over the long-term, communities must deal with the 
     extraordinary costs relating to the upkeep and redevelopment 
     of the unoccupied military facilities and surrounding areas; 
     and
       Whereas, Hawaii has first-hand experience with the 
     complexities and issues resulting from a military base 
     closure with the closure of Barbers Point Naval Air Station 
     in 1999; and
       Whereas, Hawaii continues to struggle with the burdensome 
     economic impacts and redevelopment problems of that closure; 
     and
       Whereas, in addition to the short-term economic loss that 
     the State experiences when a base closes, long-term losses 
     from such an exodus includes the loss of access to ``dual use 
     technology''; and
       Whereas, dual use technology is a term used for formerly 
     high tech military equipment and applications that have been 
     recently declassified for use by the general public for 
     commercial purposes; and
       Whereas, Hawaii companies benefit from their proximity to 
     military bases and are able to convert dual use technology to 
     economic gain due to this proximity; and
       Whereas, during this time of heightened international 
     tensions, the increased likelihood of attack by terrorists 
     and rogue countries, and the fragile nature of Hawaii's 
     economy further military base closures in the State of Hawaii 
     would reduce the security of the State and the nation; and
       Whereas, Hawaii is an island state that is heavily 
     dependent upon air and sea industries; and
       Whereas, tourism and federal expenditure are the top two 
     sources of income to Hawaii, with tourism accounting for 
     approximately $11 billion and federal expenditures accounting 
     for $9.1 billion annually; and
       Whereas, tourism has suffered greatly since September 11, 
     2001, and the current wars in the Middle East are causing 
     further declines in visitor travel; and
       Whereas, the impacts on the airline and visitor industries 
     will be staggering and require years of recovery for the 
     State's economy; and
       Whereas, closure of military bases and the subsequent 
     departure of the military when tourism is floundering would 
     be catastrophic to Hawaii's economy; and

[[Page 18001]]

       Whereas, the potential impact of base closures in Hawaii is 
     so significant that a special commission should be 
     established to address the issue to prevent base closures in 
     Hawaii when possible: Now, therefore, be it
       Resolved, By the Senate of the Twenty-Second Legislative of 
     the State of Hawaii, Regular Session of 2003, the House of 
     Representatives concurring, that the U.S. Congress is urged 
     to discontinue closures of U.S. military bases in the State 
     of Hawaii; and be it further
       Resolved, That a Base Realignment and Closing Committee be 
     established to work with federal, state, and military leaders 
     to preserve local military bases and to position Hawaii to 
     inherit work from other bases that are closed; and be it 
     further
       Resolved, That the Base Realignment and Closing Committee 
     be comprised of at least the following members:
       (1) Two members appointed by the Senate President:
       (2) Two members appointed by the Speaker of the House of 
     Representatives; and
       (3) Two members appointed by the Governor; and be it 
     further
       Resolved, That additional members be appointed to the Base 
     Realignment and Closing Committee as appropriate, from the 
     public and private sectors and the military; and
       Resolved, That the Base Realignment and Closing Committee 
     report to the Legislative at least twenty days prior to the 
     convening of the 2004 Regular Session regarding its work to 
     preserve local bases; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the U.S. 
     Senate, Speaker of the U.S. House of Representatives, 
     Hawaii's congressional delegation, and the Governor of the 
     State of Hawaii.
                                  ____

       POM-185. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to military 
     bases; to the Committee on Armed Services.

                       Senate Resolution No. 124

       Whereas, beginning in 1988, the Pentagon began to downsize 
     its military base structure with a series of base closures; 
     and
       Whereas, Congress accelerated the process by mandating 
     scheduled base realignment and closures (BRAC) over the last 
     decade and a half; and
       Whereas, U.S. military bases establish a substantial 
     economic and societal epicenter within the communities in 
     which the bases are located; and
       Whereas, the economies of a community, city, and even state 
     become severely dependent upon the commerce and vitality 
     created by the military personnel and their activities in the 
     area; and
       Whereas, all across the country, BRACs create a sudden 
     economic vacuum that adversely impacts on the lives of the 
     residents remaining after a military base has closed and its 
     personnel have moved away; and
       Whereas, one of the most immediate effects of a military 
     base closure is the loss of jobs as businesses attempt to 
     cope with the sudden decrease in commercial activity; and
       Whereas, over the long-term, communities must deal with the 
     extraordinary costs relating to the upkeep and redevelopment 
     of the unoccupied military facilities and surrounding areas; 
     and
       Whereas, Hawaii has first-hand experience with the 
     complexities and issues resulting from a military base 
     closure with the closure of Barbers Point Naval Air Station 
     in 1999; and
       Whereas, Hawaii continues to struggle with the burdensome 
     economic impacts and redevelopment problems of that closure; 
     and
       Whereas, in addition to the short-term economic loss that 
     the State experiences when a base closes, long-term losses 
     from such an exodus includes the loss of access to ``dual use 
     technology''; and
       Whereas, dual use technology is a term used for formerly 
     high tech military equipment and applications that have been 
     recently declassified for use by the general public for 
     commercial purposes; and
       Whereas, Hawaii companies benefit from their proximity to 
     military bases and are able to convert dual use technology to 
     economic gain due to this proximity; and
       Whereas, during this time of heightened international 
     tensions, the increased likelihood of attack by terrorists 
     and rogue countries, and the fragile nature of Hawaii's 
     economy, further military base closures in the State of 
     Hawaii would reduce the security of the State and the nation; 
     and
       Whereas, Hawaii is an island state that is heavily 
     dependent upon air and sea industries; and
       Whereas, tourism and federal expenditures are the top two 
     sources of income to Hawaii, with tourism accounting for 
     approximately $11 billion and federal expenditures accounting 
     for $9.1 billion annually; and
       Whereas, tourism has suffered greatly since September 11, 
     2001, and the current wars in the Middle East are causing 
     further declines in visitor travel; and
       Whereas, the impacts on the airline and visitor industries 
     will be staggering and require years of recovery for the 
     State's economy; and
       Whereas, closure of military bases and the subsequent 
     departure of the military when tourism is floundering would 
     be catastrophic to Hawaii's economy; and
       Whereas, the potential impact of base closure in Hawaii is 
     so significant that a special commission should be 
     established to address the issue to prevent base closures in 
     Hawaii when possible: Now, therefore be it
       Resolved, By the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2003, that the U.S. 
     Congress is urged to discontinue closures of U.S. military 
     bases in the State of Hawaii; and be it further
       Resolved, That a Base Realignment and Closing Committee be 
     established to work with federal, state, and military leaders 
     to preserve local military bases and to position Hawaii to 
     inherit work from other bases that are closed; and be it 
     further
       Resolved, That the Base Realignment and Closing Committee 
     be comprised of at least the following members:
       (1) Two members appointed by the Senate President;
       (2) Two members appointed by the Speaker of the House of 
     Representatives; and
       (3) Two members appointed by the Governor; and be it 
     further
       Resolved, That additional members be appointed to the Base 
     Realignment and Closing Committee as appropriate, from the 
     public and private sectors and the military; and be it 
     further
       Resolved, That the Base Realignment and Closing Committee 
     report to the Legislature at least twenty days prior to the 
     convening of the 2004 Regular Session regarding its work to 
     preserve local bases; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the U.S. Senate, Speaker of 
     the U.S. House of Representatives, Hawaii's congressional 
     delegation, and the Governor of the State of Hawaii.
                                  ____

       POM-186. A joint resolution adopted by the House of the 
     Legislature of the State of Utah relative to a national 
     missile defense system; to the Committee on Armed Services.

                       House Joint Resolution 15

       Whereas, the 1972 Anti Ballistic Missile (ABM) Treaty was 
     signed with a nation that no longer exists;
       Whereas, an increasing number of nations--including North 
     Korea--either currently possess the capability to launch 
     missile attacks against the United States or are working to 
     obtain that capability;
       Whereas, due in part to advances in technology, the 
     possibility that a missile bearing a weapon of mass 
     destruction will be used against United States forces or 
     interests is higher today than it was during most of the Cold 
     War;
       Whereas, terrorist groups, not just states, may have the 
     means to buy intercontinental ballistic missiles;
       Whereas, the nation still has no defense against missile 
     attack;
       Whereas, the Cold War policy of ``mutual assured 
     destruction'' assumed in arms control treaties is not 
     sufficient to deter terrorist missile attacks; and
       Whereas, defending against a missile attack is the 
     government's moral obligation: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the state's congressional delegation to support and vote for 
     all efforts to build and deploy a national missile defense 
     system as rapidly as possible; be it further
       Resolved, The a copy of this resolution be sent to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     Utah's congressional delegation.
                                  ____

       POM-187. A resolution adopted by the House of the Assembly 
     of the Commonwealth of Pennsylvania relative to the Combat 
     Medical Badge; to the Committee on Armed Services.

                        House Resolution No. 172

       Whereas, the United States Army has denied the Combat 
     Medical Badge to personnel of the 91 MOS who were assigned to 
     duty aboard helicopter ambulances (DUSTOFF); and
       Whereas, from 1962 through 1973, 496,573 missions were 
     flown by DUSTOFF and more than 900,000 casualties were safely 
     evacuated; and
       Whereas, DUSTOFF missions are more hazardous than other 
     rotary-wing operations as proven by the aircraft loss rate 
     versus insertion and extraction missions; and
       Whereas, the bravery and the medical skills of the 
     aeromedic functioning in the heat of hard combat has often 
     meant the difference between survival and death; and
       Whereas, aeromedical personnel are able to triage and 
     provide necessary emergency medical treatment en route to a 
     definitive care facility, and many medics leave the 
     helicopter to load multiple casualties, often under the 
     intense enemy fire unarmed medevacs attract; and
       Whereas, selective expansion of the Combat Medical Badge 
     award occurred in the Persian Gulf War when the United States 
     Army Chief of Staff authorized it for medics assigned to 
     armor and ground cavalry units; and
       Whereas, the conduct of the Persian Gulf War was 
     characterized by armor and ground

[[Page 18002]]

     cavalry operations, while airmobile operations dominated the 
     Vietnam War from logistics to combat to medevac; therefore be 
     it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     Congress of the United States to enact legislation requiring 
     the retroactive award of the Combat Medical Badge to all 
     Vietnam personnel serving in the 91 MOS who were assigned to 
     helicopter ambulances; and be it further
       Resolved, That no inference of any diminution of the 
     prestige of this award be assigned to the lawful and 
     realistic expansion of eligibility; and be it further
       Resolved, That initial presentations of the Combat Medical 
     Badge be received by survivors of aeromedical personnel whose 
     names appear on the Vietnam Veterans Memorial Wall; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President, presiding officers of each house of Congress 
     and to each member of Congress from Pennsylvania.
                                  ____

       POM-188. A resolution from the House of Representatives of 
     the Assembly of the Commonwealth of Pennsylvania relative to 
     the Commonwealth's support for President Bush's actions 
     against Saddam Hussein; to the Committee on Armed Services.

                        House Resolution No. 115

       Whereas, the United States Armed Forces, a total force 
     comprised of active, National Guard and Reserve personnel, 
     are now undertaking courageous and determined operations 
     against the forces of Saddam Hussein's Regime; and
       Whereas, the dictatorship of Iraq has continued to develop 
     weapons of mass destruction in violation of United Nations 
     Security Council Resolution 1441; and
       Whereas, the dictator of Iraq, Saddam Hussein, has 
     demonstrated a willingness to use weapons of mass destruction 
     against neighboring nations and the citizens of Iraq; and
       Whereas, Saddam Hussein threatens the Middle East and the 
     global economy with the threat to use weapons of mass * * * 
     Operation Iraqi Freedom, who are providing support and 
     prayers for the loved ones currently engaged in military 
     operations in Iraq; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the members of the 
     President's cabinet, the Chairman of the Joint Chiefs of 
     Staff and to the members of the Pennsylvania congressional 
     delegation.
                                  ____

       POM-189. A resolution adopted by the Livingston Parish 
     Council of the State of Louisiana relative to support for 
     President of the United States and the U.S. Armed Forces; to 
     the Committee on Armed Services.
                                  ____

       POM-190. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of New Hampshire relative to the 
     Northeast multispecies fishing industry; to the Committee on 
     Commerce, Science, and Transportation.

                      Concurrent Resolution No. 2

       Whereas, the New England fishing industry, including New 
     Hampshire fishermen, have worked tirelessly over the last 
     decade to rebuild the fishing stocks off New England and have 
     increased their community effort to work towards better 
     conservation practices and sustainability; and
       Whereas, the new federal fishing restrictions imposed by 
     the National Marine Fisheries Service have severely curtailed 
     fishing opportunities available to New Hampshire fishermen 
     and may well put these small commercial fishermen in 
     financial jeopardy in the present and in the future; and
       Whereas, the methodology for estimating fish populations, 
     which became the basis for these new federal fishing 
     restrictions, might be based on faulty science due to the 
     fact that the federal government's research vessel used 
     uncalibrated scientific fishing equipment for more than 2 
     years, possibly painting a more dire picture of fish stocks 
     than might exist; and
       Whereas, a recent federal court ruling required the 
     Secretary of Commerce to publish an interim rule to be in 
     compliance with the overfishing, rebuilding, and by catch 
     provisions of the Sustainable Fisheries Act; and
       Whereas, the proposed interim rule proposed additional 
     restrictions to include a freeze on days at sea at the 
     highest annual level used from fishing years 1996 to 2000 and 
     a 20 percent cut from that level; and
       Whereas, the use of days at sea from the fishing years 1996 
     to 2000 as a vessel's new ``baseline'' fails to take into 
     account a number of factors, including participation in 
     formerly ``exempted fisheries,'' creates inequitable results 
     and thereby unfairly penalizes fisherman who were encouraged 
     to enter these ``exempt fisheries''; and
       Whereas, the head of stock assessment for the National 
     Marine Fisheries Service has stated faulty gear on a trawler 
     used to collect data about groundfish stocks may have led to 
     inaccurate findings and New Hampshire fishermen have 
     suspected the federal fisheries stock assessments were 
     seriously flawed; and
       Whereas, New England fishermen, including New Hampshire 
     fishermen, have readily complied with voluntary conservation 
     measures only to be penalized by this ``good faith'' 
     compliance; and
       Whereas, the goals to allow the regeneration of groundfish 
     stocks in the waters off the New England coast while 
     protecting those individuals and their significant 
     investments who bring that resource to the public are not 
     mutually exclusive; now, therefore, be it
       Resolved by the Senate, the House of Representatives 
     concurring, That the United States Senate and House of 
     Representatives seek legislation requiring the Secretary of 
     Commerce not to implement any new federal restrictions on the 
     New England multispecies fishery until the following 
     conditions have been met, and not before May 1, 2006:
       I. all regulations now and in the future must be adjusted 
     based on fairness and equity, and social and economic needs 
     of communities in accordance with the national standards;
       II. all collection and analysis of scientific information 
     must be sound and supply the best methods and technology 
     available;
       III. All National Oceanic and Atmospheric Administration 
     trawl survey vessels should be independently reviewed for 
     stock status reference points, definitions for all stocks 
     should be implemented, the incorporation of state-of-the-art 
     survey devices should be made on these research vessels, and 
     a independent review made of trawl survey protocol; and
       That the Secretary of Commerce be allowed to relax federal 
     regulations on an emergency basis as appropriate to address 
     issues of fairness and equity within the Interim Final Rule; 
     and
       That greater federal funding be made for cooperative 
     research within the fishing industry and the scientific 
     community; and
       That copies of this resolution be forwarded by the senate 
     clerk to the governor, the executive director of the fish and 
     game department, the President of the United States, the 
     Speaker of the United States House of Representatives, the 
     President of the United States Senate, the Secretary of 
     Commerce, the administrator of the National Oceanic and 
     Atmospheric Administration, and the members of the New 
     Hampshire congressional delegation.
                                  ____

       POM-191. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to regulating 
     spam, unsolicited commercial email; to the Committee on 
     Commerce, Science, and Transportation.

                        Senate Resolution No. 93

       Whereas, an increasing problem to individuals and 
     businesses using email is the growing volume of unsolicited 
     bulk commercial email messages. What started as an annoyance 
     has become a major problem for many, with estimates of 
     several billion unsolicited bulk messages sent every week. 
     The cost of this mail, both in lost worker time and adding 
     computer equipment to process or block the spam, is an 
     increasing burden for those receiving spam, while the costs 
     of senders are negligible; and
       Whereas, along with the problems created by the 
     accelerating volume of spam, other components of this issue 
     include the number of deceptive and offensive messages and 
     the use of this technology to operate a variety of scams; and
       Whereas, many states, including Michigan, have discussed 
     ways to cope with the onslaught of unsolicited bulk 
     commercial messages. Congress has also faced this issue. 
     Numerous approaches have been mentioned. These range from 
     requiring truthfulness in return addresses to efforts to 
     increase vigilance against fraud to the creation of ``do-not-
     spam'' lists. While the appropriate form of federal response 
     may take one of these or other strategies, it is increasingly 
     clear that federal action is essential and holds far more 
     promise of dealing with the problem effectively than state 
     actions alone; Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation to regulate spam, 
     unsolicited bulk commercial email; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-192. A resolution adopted by the Senate of the General 
     Court of the Commonwealth of Massachusetts relative to the 
     development of a national geologic repository; to the 
     Committee on Energy and Natural Resources.

                               Resolution

       Whereas, the Nuclear Waste Policy Act of 1982 established a 
     program requiring the United States Department of Energy to 
     begin accepting and disposing of spent nuclear fuel and waste 
     from all commercial power plants no later than January 31, 
     1998; and
       Whereas, the act required ratepayers, through their 
     electric bills, to fund this program by paying a fee into the 
     Federal Nuclear Waste Fund, a fund into which the ratepayers 
     of the commonwealth have already paid nearly $500,000,000; 
     and

[[Page 18003]]

       Whereas, the United States Government has failed to meet 
     its obligation to remove spent nuclear fuel from the 
     commonwealth on a priority basis to a centralized federal 
     site, especially the spent fuel stranded at the single-unit 
     decommissioning reactor site in the town of Rowe; and
       Whereas, spent nuclear fuel can be stored safely at reactor 
     sites but there are compelling national interests that 
     require completing the siting process necessary to 
     consolidate commercial and defense spent fuel and waste into 
     1 secure federal repository location; and
       Whereas, the President of the United States has recently 
     recommended, after decades of study and the expenditure of 
     billions of ratepayer dollars, that the Yucca Mountain site 
     in the state of Nevada is scientifically sound and suitable 
     for development as the nation's long term geological 
     repository for nuclear waste; and
       Whereas, the Department of Energy's alternative plan, if 
     the Yucca Mountain site is not approved for development by 
     the United States Congress, is to end all work at Yucca 
     Mountain and store the spent nuclear fuel at reactor sites 
     for the next 100 to 10,000 years; therefore be it
       Resolved, That the Massachusetts General Court calls upon 
     the United States Senate and House of Representatives to 
     adopt a joint resolution in its current session approving 
     Yucca Mountain for development as the nation's permanent 
     geologic repository; and be it further
       Resolved, That a copy of these resolutions be transmitted 
     forthwith by the clerk of the Senate to the President of the 
     United States, the presiding officer of each branch of 
     Congress and to the members thereof from this commonwealth.
                                  ____

       POM-193. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to migration to 
     Hawaii from freely associated states; to the Committee on 
     Energy and Natural Resources.

                        Senate Resolution No. 36

       Whereas, the Federated States of Micronesia, the Republic 
     of the Marshall Islands, and the Republic of Palau 
     (collectively, Freely Associated States), formerly part of 
     the Trust Territory of the Pacific Islands under the United 
     Nations Charter, entered into an agreement with the 
     government of the United States known as the Compact of Free 
     Association (Compact); and
       Whereas, the Compact was entered into with these nations in 
     part to terminate the trusteeship, recognize their 
     independence, provide them with critical economic development 
     aid, and allow their people to immigrate freely to the United 
     States; and
       Whereas, under the Compact, the United States provides 
     direct economic assistance, federal services, and military 
     protection to these nations, in exchange for defense rights; 
     and
       Whereas, the Compact, codified as Title II of Public Law 
     99-239, was established in 1986 between the United States and 
     the Republic of the Marshall Islands and the Federated States 
     of Micronesia, and in 1994 with the Republic of Palau, 
     codified as Title II of Public Law 99-658; and
       Whereas, section 104(e)(1) of Title I, Public Law 99-239, 
     regarding the interpretation of and United States policy 
     regarding the Compact, states that in approving the Compact, 
     ``it is not the intent of the Congress to cause any adverse 
     consequences for ... the State of Hawaii''; and
       Whereas, section 104(e)(4) of Title I, Public Law 99-239, 
     provides that ``if any adverse consequences to ... the State 
     of Hawaii result from implementation of the Compact of Free 
     Association, the Congress will act sympathetically and 
     expeditiously to redress those adverse consequences''; and
       Whereas, section 104(e)(5) of Title I, Public Law 99-239, 
     appropriated funds beginning after September 30, 1985, to 
     cover the costs, if any, incurred by Hawaii ``resulting from 
     any increased demands placed on educational and social 
     services by immigrants from the Marshall Islands and the 
     Federated States of Micronesia''; and
       Whereas, section 104(e)(2) of Title I, Public Law 99-239, 
     requires the President of the United States to report 
     annually to the Congress on the impact of the Compact on the 
     State of Hawaii, identifying any adverse consequences 
     resulting from the Compact and making recommendations for 
     corrective action, focusing on such areas as trade, taxation, 
     immigration, labor, and environmental regulations; and
       Whereas, section 104(e)(3) of Title I, Public Law 99-239, 
     further provides that in preparing these reports to Congress, 
     the President shall request the views of the government of 
     the State of Hawaii and transmit the full text of those views 
     to Congress as part of those reports; and
       Whereas, the interpretation of and United States policy 
     regarding the Compact as set forth in section 104 of Title I, 
     Public Law 99-239, with respect to the Federated States of 
     Micronesia and the Republic of the Marshall Islands, also 
     applies to the Republic of Palau, pursuant to section 102(a) 
     of Title I, Public Law 99-658, thereby making the State of 
     Hawaii eligible for additional funds resulting from increased 
     demands placed on the educational and social services of the 
     State of Hawaii by immigrants from the Freely Associated 
     States; and
       Whereas, payments from the United States to the Republic of 
     Marshall Islands and the Federated States of Micronesia under 
     the Compact of Free Association will end on October 1, 2003, 
     and Compact re-negotiation talks have been continuing; and
       Whereas, instead of mitigating the incentive for Freely 
     Associated states citizens to migrate by improving the 
     overall quality of life in the Freely Associated States 
     through increased economic aid, the United States has 
     proposed giving additional funds to regions affected by 
     ``Compact impacts,'' while creating ``various mechanisms'' to 
     ensure that migrants from Freely Associated States are 
     eligible for admission; and
       Whereas, although the renegotiated Compacts with the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia will most likely continue to provide islanders 
     with visa-free entry to the United States, the United States 
     Congress should review the migration issue and increase the 
     amount of aid available for the Compact's educational and 
     social impact on Hawaii; and
       Whereas, many residents of the Freely Associated States are 
     attracted to the State of Hawaii due to the State's increased 
     employment and educational opportunities, as well as similar 
     Pacific Island culture and lifestyle; and
       Whereas, drawn by the promise of better medical care and a 
     better education for their children, over six thousand Freely 
     Associated State citizens have migrated to and are currently 
     residing in Hawaii; and
       Whereas, Freely Associated States citizens that enter the 
     United States may have contagious diseases, criminal records, 
     or chronic health problems--conditions that are normally 
     grounds for inadmissibility into the United States; and
       Whereas, the 1996 federal Welfare Reform Act cut off access 
     to federal welfare and medical assistance programs, forcing 
     citizens of the Freely Associated States residing in Hawaii 
     to rely on state aid; and
       Whereas, the cost of supporting Freely Associated States 
     citizens residing in Hawaii, largely in healthcare and 
     education, totaled more than $101,000,000 between 1998 and 
     2002; and
       Whereas, Freely Associated States students have higher 
     costs than other students due to poor language and other 
     skills, and because such students enter and leave school a 
     few times each year, their integration into the school system 
     has been difficult; and
       Whereas, since the Compact went into effect in 1986 until 
     2001, Hawaii has spend over $64,000,000 to educate Freely 
     Associated States citizens and their children in public 
     schools, $10,000,000 in 2000 alone; and
       Whereas, last year, the number of Freely Associated States 
     students in primary and secondary public schools in Hawaii 
     increased by twenty-eight per cent, resulting in costs to the 
     State of over $13,000,000 for school year 2001-2002, and 
     ringing the total cost for education, since 1988, to about 
     $78,000,000; and
       Whereas, during the academic school year 2001-2002, the 
     University of Hawaii lost over $1,200,000 in tuition revenue 
     systemwide, as a result of students from the Federated States 
     of Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau paying resident rather than non-resident 
     tuition; and
       Whereas, inadequate and delayed federal compensation to 
     Hawaii's education system results in a cost to Hawaii's own 
     children and contributes to Hawaii being substantially below 
     many other states in per pupil expenditures for public school 
     children in kindergarten through twelve; and
       Whereas, state medical assistance payments for Freely 
     Associated States citizens from 1998 to 2002 totaled 
     $14,961,427, and financial assistance payments during the 
     same period totaled $13,378,692, with costs borne solely by 
     the State of Hawaii; and
       Whereas, the financial stability and viability of private 
     hospitals and medical providers is threatened by staggering 
     debts and write-offs for medical services provided to Freely 
     Associated States citizens residing in Hawaii, in spite of 
     state Medicaid reimbursements; and
       Whereas, between 1998 and 2002, $10.1 million in operating 
     losses attributable to healthcare for Freely Associated 
     States citizens residing in Hawaii were incurred at three 
     Honolulu hospitals (the Queen's Medical Center, Straub Clinic 
     and Hospital, and Kapiolani Medical Center for Women and 
     Children), and these types of losses were also incurred at 
     the twenty other hospitals in the State; and
       Whereas, community health centers estimate an annual cost 
     of $420,000 for services to Freely Associated States citizens 
     residing in Hawaii; and
       Whereas, the Department of Health has also been 
     significantly impacted by the cost of public health services 
     to Freely Associated States citizens residing in Hawaii, with 
     $967,000 spent on screening vaccination and treatment of 
     communicable diseases and $190,000 spent for immunization and 
     outreach by public health nurses; and
       Whereas, inadequate and delayed federal compensation 
     threaten to overwhelm Hawaii's health care systems, leading 
     to potential cutbacks in services and personnel that would 
     impact all of Hawaii's citizens; and

[[Page 18004]]

       Whereas, it is imperative that Hawaii be granted immediate 
     and substantial federal assistance to meet these mounting 
     costs; and
       Whereas, the fact that Micronesians should qualify for 
     federal benefits, while residing in Hawaii and the rest of 
     the United States, can best be summed up by the resolution 
     which was adopted September 9, 2001, in Washington, D.C., by 
     Grassroots Organizing for Welfare Leadership, supporting the 
     insertion of language in all federal welfare, food, and 
     housing legislation, because Micronesians are eligible for 
     these and other benefits as ``qualified non-immigrants'' 
     residing in the United States; and
       Whereas, the United States government is now owning up to 
     its responsibility for what the United States did to the 
     Micronesian people by refusing them food stamps and other 
     federal benefits when they come to Hawaii and the rest of the 
     United States seeking help; and
       Whereas, the excuse by the United States government to deny 
     any aid to the Micronesians in the United States is the word 
     ``nonimmigrant'' used in the Compact of Free Association to 
     describe Micronesians who move to Hawaii and the United 
     States; and
       Whereas, Micronesians have also developed high rates of 
     diabetes, high blood pressure, and obesity as a result of 
     American dietary colonialism; and
       Whereas, it is the intent of this Resolution to encourage 
     the responsible entities to implement the provisions of the 
     Compact of Freely Associated States, which authorizes compact 
     impact funds to be made available to states that welcome and 
     provide services to the people of the Federated States of 
     Micronesia, Republic of the Marshall Islands, and Republic of 
     Palau, because most of the Freely Associated States citizens 
     who migrate to Hawaii do so for medical problems related to 
     the United States' military testing of nuclear bombs; now, 
     therefore,
       Resolved, By the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2003, that the Bush 
     Administration and the United States Congress are requested 
     to appropriate adequate financial impact assistance for 
     health, education, and other social services for Hawaii's 
     Freely Associated States citizens; and
       Resolved, That the Bush Administration and the United 
     States Congress are requested to insert language in all 
     federal welfare, food, and housing legislation which says 
     that Micronesians are eligible for federal food stamps, 
     welfare, public housing, and other federal benefits as 
     ``qualified nonimmigrants'' residing in the United States; 
     and
       Resolved, That the Bush Administration and the United 
     States Congress are requested to restore Freely Associated 
     States citizens' eligibility for federal public benefits, 
     such as Medicaid, Medicare, and food stamps; and
       Resolved, That Hawaii's congressional delegation is 
     requested to introduce legislation in the United States 
     Congress calling for further review of the migration issue 
     and for increased aid for the educational and social impact 
     of the Compact of Free Association, and any newly 
     renegotiated Compact, on the State of Hawaii; and
       Resolved, That Hawaii's congressional delegates are 
     requested to assure financial reimbursements, through the 
     establishment of a trust, escrow, or set-aside account, to 
     the State of Hawaii for educational, medical, and social 
     services and to Hawaii's private medical providers who have 
     provided services to Freely Associated States citizens; and
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States; U.S. 
     Secretary of State; President of the U.S. Senate; Speaker of 
     the U.S. House of Representatives; members of Hawaii's 
     congressional delegation; the Presidents of the Federated 
     States of Micronesia, the Republic of the Marshall Islands, 
     and the Republic of Palau, and their respective Honolulu 
     Offices; the national negotiating teams of the Compact of 
     Free Association; the Governor; State Attorney General; 
     Directors of Health and Human Services; President of the 
     University of Hawaii; Superintendent of Education; Chair of 
     the Board of Agriculture; Grassroots Organizing for Welfare 
     Leadership; Micronesians United; the United Church of Christ; 
     Hawaii Conference of Churches; and the United Methodist 
     Church of Honolulu.
                                  ____

       POM-194. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the 
     Interstate Traveler Project; to the Committee on Environment 
     and Public Works.

                        Senate Resolution No. 89

       Whereas, the Interstate Traveler Project is an elevated 
     maglev (magnetic levitation) rail mass transit system that is 
     based upon a conduit cluster concept powered by hydrogen and 
     solar power. The project promises to provide travelers with a 
     clean, quiet, safe, reliable mode of transportation. The 
     intent of the project is to create the world's first 
     switchable maglev rail network that will provide interurban/
     intercity pedestrian, automobile, and light freight transit 
     services. The project will simultaneously produce, store, and 
     distribute hydrogen, which will not only serve as an 
     alternative energy source, but also give Michigan's 
     automakers the incentive to produce hydrogen internal 
     combustion engines, fuel cell cars, and the manufacturing 
     opportunity to build maglev rail cars; and
       Whereas, by fully integrating with the interstate highway 
     system, existing transportation infrastructure, and mass 
     transit systems, the Interstate Traveler Project seeks to 
     reduce traffic congestion and air pollution while improving 
     traffic safety and efficiency. The Interstate Traveler 
     Project substations will utilize the existing interstate 
     highway system's entrances and exits, providing a seamless 
     link of private automobiles, pedestrian traffic, existing 
     municipal bus routes, and taxi services. These substations 
     will also support the hydrogen distribution system, as well 
     as fiber optics, water, electricity, and other utilities. 
     Although the Interstate Traveler Project is ideally suited 
     for the interstate highway system, it may also be integrated 
     with existing and abandoned railroad right-of-ways or along 
     other appropriate lands; and
       Whereas, the Interstate Traveler Project is consistent with 
     the 2003 State of the Union address, which called on Congress 
     to appropriate $1.2 billion for hydrogen fuel cell 
     technology; now, therefore, be it
       Resolved by the Senate, That we memorialize Congress to 
     enact legislation to support research, development, and 
     construction of the Interstate Traveler Project through the 
     reauthorization of the Transportation Equity Act of the 21st 
     Century (TEA-21) and/or other related federal programs; and 
     be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-195. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to custom inspectors in Michigan; to the Committee 
     on Finance.

                        House Resolution No. 281

       Whereas, The events of September 11, 2001, have shattered 
     the illusion that past practices are adequate when it comes 
     to security issues. One of the most important elements of 
     security for our state is the need for stronger and more 
     thorough measures at Michigan's international points of 
     entry. While some people have long called for increased 
     resources at border crossings, there is little disputing the 
     significance of this now; and
       Whereas, Because of its unique and mutually beneficial 
     relationship with Ontario, Michigan includes some of the 
     busiest crossing points along the entire United States-Canada 
     border. In addition to the number of people who cross the 
     border each year, the amount of equipment and goods here far 
     surpasses the traffic in other regions. The importance of 
     free trade to both our countries is reflected in the volume 
     of material that comes into Michigan each day; and
       Whereas, Although there may eventually be other ways to 
     heighten security at border crossings with new technologies 
     and other strategies, the most effective, immediate, and 
     practical approach to take is to increase significantly the 
     number of customs agents working at entry points. No single 
     step offers a greater return than putting more trained and 
     dedicated customs agents at our international border 
     crossings. In addition to the added measure of security from 
     better inspections and examinations of people and goods 
     entering the country, the increased staffing would also bring 
     benefits by reducing delays as much as is practical; now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to increase the 
     number of customs inspectors at Michigan's international 
     border crossings; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-196. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to the U.S. Social Security Act; to 
     the Committee on Finance.

                           Joint Resolution 3

       Whereas, In 1977, Congress amended the Social Security Act 
     to provide that pensions earned in federal, state or local 
     government employment not covered by social security be 
     treated as if they were social security benefits, 
     specifically requiring that if a person receives such a 
     government pension, the social security benefits payable to 
     that person as a spouse or surviving spouse be reduced by the 
     amount of the government pension, which provision is commonly 
     known as the Government Pension Offset; and
       Whereas, Congress further amended the Social Security Act 
     in 1983, reducing the amount of the Government Pension Offset 
     to an amount equal to two-thirds of the amount of the 
     government pension, but simultaneously enacting what is 
     commonly known as the Windfall Elimination Provision, which 
     requires reductions in the primary social security benefit 
     earned by a person in employment covered by social security 
     if the person

[[Page 18005]]

     also receives a pension from a federal, state or local 
     government not covered by social security; and
       Whereas, Government employees in 15 states, including 
     Nevada, earn pension benefits that are not covered by social 
     security; and
       Whereas, The reductions in benefits effected by these 
     provisions can be significant, the Windfall Elimination 
     Provisions reducing the earned benefits of a person subject 
     to it by up to 60 percent and the Government Pension Offset 
     eliminating spousal benefits in their entirety for 9 out of 
     every 10 retired government workers to whom it applies; and
       Whereas, The retirement security and economic well-being of 
     over 300,000 government retirees is degraded by the 
     Government Pension Offset, some of whose benefits are also 
     subject to reduction pursuant to the Windfall Elimination 
     Provision; and
       Whereas, Each provision has had unintentional consequences, 
     the Windfall Elimination Provision causing a relatively 
     larger reduction in benefits paid to workers with low 
     incomes, while the Government Pension Offset applies 
     disproportionately to women, often dropping their income in 
     retirement below the poverty line, with the ironic effect of 
     making them eligible for more costly welfare benefits, such 
     as food stamps; and
       Whereas, Growing awareness of the inequities imposed by the 
     Windfall Elimination Provision and the Government Pension 
     Offset threatens efforts to attract and retain persons into 
     public service in the affected states, particularly into 
     teaching, a field which is notoriously underpaid, whose ranks 
     are disproportionately filled with women and for which there 
     is a critical shortage; and
       Whereas, There is pending before the 108th Session of 
     Congress the Social Security Fairness Act of 2003. H.R. 594 
     and S. 349, which would repeal both the Government Pension 
     Offset and the Windfall Elimination Provision; and
       Whereas, The repeal of these provisions would restore 
     fairness and equity to the most vulnerable federal, state and 
     local government retirees and eliminate disincentives for 
     public service in the affected states; now, therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada. 
     Jointly. That the members of the Nevada Legislature hereby 
     urge Congress to amend the Social Security Act by repealing 
     the provisions, commonly known as the Government Pension 
     Offset and the Windfall Elimination Provision, that require 
     reductions in the amount of social security benefits paid to 
     persons who also receive pensions earned in federal, state or 
     local government employment not covered by social security; 
     and be it further.
       Resolved. That the Chief Clerk of the Assembly prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-197. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     Medicare; to the Committee on Finance.

                  Senate Concurrent Resolution No. 133

       To memorialize the Congress of the United States to enact 
     legislation to correct the flawed Medicare hospital 
     outpatient prospective payment system methodology in order to 
     ensure that all hospitals are appropriately reimbursed for 
     drugs and biologics as well as to ensure beneficiary access 
     to innovative biotechnology drugs.
       Whereas, the federal Medicare program for seniors and the 
     disabled has a responsibility to pay enough for beneficial 
     new technologies in order to ensure that beneficiaries have 
     access to the best care; and
       Whereas, the Medicare program should be a prudent purchaser 
     of health care items and services, however, decision making 
     should be made according to what is in the best interests of 
     the individual patient, not reimbursement amounts; and
       Whereas, the 2003 Medicare Hospital Outpatient Prospective 
     Payment System regulation implemented on January 1, 2003, by 
     the Centers for Medicare and Medicaid Services includes 
     drastic reductions in reimbursements for innovative and 
     biotech drugs covered by Medicare; and
       Whereas, the imposed reductions in reimbursements imposed 
     by Centers for Medicare and Medicaid Services may have 
     resulted in limiting beneficiary access to innovative but 
     expensive care; and
       Whereas, fair, stable and rational reimbursements, devoid 
     of perverse financial incentives to use cheaper treatments, 
     will ensure patient access to new technologies; and
       Whereas, our senior citizens and the disabled deserve 
     access to the best medicine America has to offer. Therefore, 
     be it Resolved that the Legislature of Louisiana memorializes 
     the Congress of the United States to enact legislation to 
     correct the flawed Medicare hospital outpatient prospective 
     payment system methodology in order to ensure that all 
     hospitals are appropriately reimbursed for drugs and 
     biologics and to ensure beneficiary access to innovative 
     biotechnology medicines. Be it further, Resolved that a copy 
     of this Resolution shall be transmitted to the secretary of 
     the United States Senate and the clerk of the United States 
     House of Representatives and to each member of the Louisiana 
     Delegation to the United States Congress.
                                  ____

       POM-198. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the social security offsets of 
     the government pension offset and the windfall elimination 
     provision; to the Committee on Finance.

                            Joint Resolution

       Whereas, under current federal law, individuals who receive 
     a Social Security benefit and a public retirement benefit 
     derived from employment not covered under Social Security are 
     subject to a reduction in the Social Security benefits; and
       Whereas, these laws, contained in the federal Social 
     Security Act, 42 United States Code, Chapter 7, Subchapter 
     II, Federal Old-Age, Survivors, and Disability Insurance 
     Benefits, and known as the Government Pension Offset and the 
     Windfall Elimination Provision, greatly affect public 
     employees, particularly women; and
       Whereas, the Windfall Elimination Provision reduces by a 
     formula the Social Security benefit of a person who is also 
     receiving a pension from a public employer that does not 
     participate in Social Security; and
       Whereas, the Government Pension Offset and the Windfall 
     Elimination Provision are particularly burdensome on the 
     finances of lower- and moderate-income public service 
     workers, such as school teachers, clerical workers and school 
     cafeteria employees, whose wages are low to start; and
       Whereas, the Government Pension Offset and the Windfall 
     Elimination Provision both unfairly reduce benefits for those 
     public employees and their spouses whose careers cross the 
     line between the private and public sectors; and
       Whereas, since many lower-paying public service jobs are 
     held by women, both the Government Pension Offset and the 
     Windfall Elimination Provision have a disproportionately 
     adverse effect on women; and
       Whereas, in some cases, additional support in the form of 
     income, housing, heating, prescription drug and other safety 
     net assistance from state and local governments is needed to 
     make up for the reductions imposed at the federal level; and
       Whereas, other participants in Social Security do not have 
     their benefits reduced in this manner; and
       Whereas, to participate or not to participate in Social 
     Security in public sector employment is a decision of 
     employers, even though both the Government Pension Offset and 
     the Windfall Elimination Provision directly punish employees 
     and their spouses; and
       Whereas, although the Government Pension Offset was enacted 
     in 1977 and the Windfall Elimination Provision was enacted in 
     1983, many of the benefits in dispute were paid into Social 
     Security prior to that time; and
       Whereas, bills are present in Congress in both the House of 
     Representatives and the Senate, known as ``The Social 
     Security Fairness Acts,'' that would amend the Social 
     Security Act, 42 United States Code, Chapter 7, Subchapter II 
     and totally repeal both the Government Pension Offset and the 
     Windfall Elimination Provision; now, therefore, be it
       Resolved, That We, your Memorialists, request that the 
     President of the United States and the United States Congress 
     work together to support reform proposals that include the 
     following protections for low- and moderate-income government 
     retirees:
       1. Protections permitting retention of a combined public 
     pension and Social Security benefit with no applied 
     reductions;
       2. Protections permanently ensuring that level of benefits 
     by indexing it to inflation; and
       3. Protections ensuring that no current recipient's benefit 
     is reduced by the reform legislation; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable George W. Bush, President of the United States; 
     the President of the United States Senate; the Speaker of the 
     House of Representatives of the United States; and each 
     Member of the Maine Congressional Delegation.
                                  ____

       POM-199. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to compensation for losses of 
     revenue for public education; to the Committee on Health, 
     Education, Labor, and Pensions.

                         Joint Resolution No. 5

       Whereas, For many years, the State of Nevada, along with 
     the States of Alaska, Arizona, California, Colorado, Hawaii, 
     Idaho, Montana, New Mexico, Oregon, Utah, Washington and 
     Wyoming, have grappled with the challenge of providing the 
     best education for their residents; and
       Whereas, The State of Nevada and the other western states 
     face unique challenges in achieving this goal; and
       Whereas, From 1979 to 1998, the expenditures per pupil 
     increased approximately 28 percent in the western states, 34 
     percent in the State of Nevada and 57 percent in the 
     remaining states in the Nation; and

[[Page 18006]]

       Whereas, In the 2000-2001 school year, the pupil-teacher 
     ratio in public schools was approximately 18 to 1 in the 
     western states, 19 to 1 in the State of Nevada and 15 to 1 in 
     the remaining states in the Nation; and
       Whereas, The difficulty experienced by Nevada and the other 
     western states in providing quality education to their 
     residents is exacerbated by projections that enrollment in 
     public schools from 2002 to 2011 is expected to increase by 
     approximately 7 percent in Nevada and the other western 
     states and decrease by approximately 3 percent in the 
     remaining states in the Nation; and
       Whereas, The ability of the State of Nevada and other 
     western states to fund public education is further hindered 
     by and directly related to the fact that the Federal 
     Government holds large percentages of the land located in 
     those states; and
       Whereas, While states fund public education largely with 
     revenue earned from the assessment of state and local 
     property taxes, states cannot assess such property taxes on 
     land in the state held by the Federal Government; and
       Whereas, The State of Nevada and the other western states 
     face greater burdens than the remaining states in the Nation 
     in raising revenue from state and local property taxes to 
     fund public education as the Federal Government holds 
     approximately 52 percent of the land located in the western 
     states, 87 percent of the land located in the State of Nevada 
     and only 4 percent of the land located in the remaining 
     states; and
       Whereas, According to the Action Plan for Public Lands and 
     Education (APPLE) developed by the APPLE Steering Committee 
     established by Speaker Marty Stephens of the Utah House of 
     Representatives, the estimated annual loss of revenue from 
     the inability of a state to assess property taxes for public 
     education on land in the state held by the Federal Government 
     is approximately $4 billion in the western states and 
     approximately $116 million in the State of Nevada; and
       Whereas, The ability of the State of Nevada and other 
     western states to fund public education is also limited by 
     the fact that the Federal Government shares with states only 
     a portion of the royalty revenues that the Federal Government 
     receives from the natural resources on land in the state held 
     by the Federal Government; and
       Whereas, The amount of such royalties received by states 
     for public education is further reduced because land held by 
     the Federal Government is less likely to be developed and 
     federal laws often place stipulations on the use of royalty 
     payments made to states; and
       Whereas, According to the Action Plan for Public Lands and 
     Education (APPLE), the estimated annual loss of revenue as a 
     result of federal policies concerning royalty payments is 
     approximately $1.8 billion in the western states and 
     approximately $6 million in the State of Nevada; and
       Whereas, The Federal Government should compensate the State 
     of Nevada and other western states for the significant impact 
     of lands in those states held by the Federal Government; and
       Whereas, Just compensation provided by the Federal 
     Government to the State of Nevada and the other western 
     states will allow those states to be on equal footing with 
     the rest of the Nation in their efforts to provide education 
     for their residents; now, therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature urge 
     Congress to appropriate just compensation to the State of 
     Nevada for the losses of revenue for public education from 
     the impact of land held by the Federal Government within the 
     boundaries of the State of Nevada; and be it further
       Resolved, That the Chief Clerk of the Assembly prepare and 
     transmit a copy of this resolution to the President of the 
     United States, Vice President of the United States as the 
     presiding officer of the Senate, the Speaker of the House of 
     Representatives, and each member of the Nevada Congressional 
     Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-200. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to the United States Food and Drug Administration's 
     policies on pharmaceutical sales and pharmaceutical 
     companies; to the Committee on Health, Education, Labor, and 
     Pensions.

                  House Concurrent Resolution No. 105

       Whereas, the rules and regulations that the Federal Drug 
     Administration imposes on pharmaceutical companies affect the 
     cost of pharmaceutical research and the cost of retesting 
     drugs; and
       Whereas, although they comprise only a small part of the 
     total health care cost, drug prices are rising rapidly; and
       Whereas, major pharmaceutical companies are merging thereby 
     creating less drug choices for citizens to choose from; and
       Whereas, there is an extremely high cost of bringing a drug 
     to the market. Now, therefore, be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize the United States Congress to study the impact 
     that the United States Food and Drug Administration's 
     policies, rules, and regulations may have on pharmaceutical 
     companies and the development of new pharmaceuticals. Be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-201. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the No Child Left Behind Act; 
     to the Committee on Health, Education, Labor, and Pensions.

                            Joint Resolution

       Whereas, on January 8, 2002, President Bush signed into law 
     the No Child Left Behind Act of 2001, referred to in this 
     resolution as ``the Act,'' which applies to all states that 
     accept federal Title I education dollars; and
       Whereas, the State of Maine receives federal Title I 
     dollars and is therefore subject to the Act's requirements;
       Whereas, the Act mandates that every public school in Maine 
     must make adequate yearly progress toward the goal of 100% 
     student proficiency in math, reading and language arts and 
     science by school year 2013-2014; and
       Whereas, the Act requires that an entire school be 
     identified as failing to make adequate yearly progress in any 
     school year when the school as a whole or any one of the 
     following subgroups within that school fails to make such 
     progress: students with learning disabilities and students 
     with limited English proficiency; and
       Whereas, it may be extremely difficult for the subgroup of 
     students with disabilities to make adequate yearly progress 
     in each of the measured areas each year, since those students 
     are identified as belonging in that subgroup because of 
     significant educational challenges, well above and beyond the 
     normal challenges encountered by nondisabled students, that 
     adversely affect their capacities to achieve proficiency in 
     the measured areas; and
       Whereas, it will be extremely difficult for the subgroup of 
     students with limited English proficiency to meet the 
     adequate yearly progress standard in the area of reading and 
     language arts since those students are required to be tested 
     in English after only 3 years in the public school system, 
     which will rarely be a sufficient time for such students to 
     become proficient in English; and
       Whereas, failure by either the disabilities subgroup or the 
     limited English proficiency subgroup in any given year to 
     meet any one of the State's proficiency expectations or that 
     year will result in identification of the school as a whole 
     as failing to make adequate yearly progress; and
       Whereas, the Act imposes a series of escalating 
     consequences and financial costs on local schools and school 
     units that fail to make adequate yearly progress for 2 or 
     more years in a row, including offering intradistrict school 
     choice and transportation; supplemental services, including 
     private tutoring for eligible students; and the possibility 
     of wholesale dismissal of teachers, paraprofessionals and 
     administrators who are considered ``relevant'' to the 
     school's failure to make adequate yearly progress; and
       Whereas, the Act requires the State of Maine and local 
     school units to develop additional new testing in grades 3, 
     5, and 7, which will further limit the time that teachers and 
     students are able to spend on achieving Maine's system of 
     learning results; and
       Whereas, the Act also requires that all Maine public school 
     teachers who teach in core academic subjects meet federal 
     ``highly qualified'' standards by the end of the 2005-2006 
     school year, with teachers new to the profession all having 
     to pass a rigorous state test in the areas they will be 
     teaching; and
       Whereas, the Act also requires that all paraprofessionals 
     and educational technicians working in programs funded by 
     Title I must meet certification standards that are often 
     higher than those that currently apply in Maine; and
       Whereas, the Act imposes significant costs on local school 
     units, teachers, and paraprofessionals for the funding of 
     staff development, certification upgrades, course work, 
     choice-related transportation and private tutoring, as well 
     as the unavoidable costs and dislocation that would arise in 
     the event of mandatory school restructuring and staff 
     dismissals; and
       Whereas, the State of Maine has had high standards of 
     learning in its system of learning results since 1995, long 
     before enactment of the Act, including a comprehensive 
     statewide assessment of student achievement through the Maine 
     Educational Assessment and including a new system of local 
     assessment to go into effect by the end of the 2003-2004 
     school year; and
       Whereas, the State of Maine for many years has been one of 
     the highest-ranked states in the nation in school 
     achievement, ranking first in the nation in 1999 in the 
     performance of its kindergarten to grade 12 system, ranking 
     first in the nation in 1999 as the

[[Page 18007]]

     best state in which to raise a child, ranking first in the 
     nation in 2001 in the state high school completion rate and 
     regularly ranking among the top states in the nation in 
     student academic performance on national testing in 4th and 
     8th grades; and
       Whereas, the State of Maine has obtained its strong 
     educational achievements through the efforts of its students, 
     teachers and schools and its own system of learning results 
     prior to enactment of the No Child Left Behind Act of 2001; 
     and
       Whereas, enactment of the Act resulted in only a $4,600,000 
     increase in Title I funding for the State of Maine in 2002 
     over and above the 2001 level that applied before the new 
     Act's mandates; and
       Whereas, the congressional appropriation for Title I costs 
     was $3.15 billion short of the congressional authorization in 
     2002 and $4.32 billion short in 2003 and a projected $6.15 
     billion short in 2004, for a total shortfall of $13.2 billion 
     over the 3-year period; now, therefore, be it
       Resolved, That We, your Memorialists, on behalf of the 
     people of the State and on behalf of the State's outstanding 
     system of public elementary and secondary school education, 
     respectfully urge and request that the President of the 
     United States and the Congress of the United States 
     accommodate Maine's special circumstances by issuing a waiver 
     of the requirements under the No Child Left Behind Act of 
     2001 for the State's public schools; and be it further
       Resolved, That in the event that no such waiver is 
     forthcoming, the United States Congress should appropriate 
     full funding of the Act at the authorization levels called 
     for by the Act itself; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable George W. Bush, President of the United States, 
     to the President of the United States Senate, to the Speaker 
     of the United States House of Representatives and each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-202. A joint resolution adopted by the Legislature of 
     the State of Maine relative to funding for AmeriCorps; to the 
     Committee on Health, Education, Labor, and Pensions.

                            Joint Resolution

       Whereas, AmeriCorps is the domestic version of the 
     internationally respected Peace Corps. It consists of 70,000 
     volunteers who serve either full-time or less than full-time 
     in local schools and nonprofit agencies. AmeriCorps members 
     perform volunteer service that meets a community need and 
     recruit citizens to work alongside them; and
       Whereas, over 1,500 Maine people have served full-time and 
     part-time in Maine communities through the federally funded 
     AmeriCorps program during the past 9 years; and
       Whereas, during 2003, nearly 200 AmeriCorps volunteers are 
     scheduled to serve in Maine communities to help local 
     nonprofit, educational and municipal organizations address 
     critical health, environmental, educational, housing, public 
     safety and homeland security issues; and
       Whereas, Maine AmeriCorps members are catalysts, building 
     stronger communities by engaging, on average, 32 local 
     citizens per AmeriCorps member in volunteer service that 
     solves local problems and meets critical local needs. In 
     2003, AmeriCorps members can be expected to meet or exceed 
     their 2002 success of 9,000 citizens recruited and placed in 
     service to communities; and
       Whereas, in just the last 4 years, AmeriCorps service has 
     qualified Maine citizens for over $2,100,000 in federal 
     financial aid for higher education or payment of student 
     loans; now, therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the Congress of the United States recognize the 
     valuable role AmeriCorps plays in Maine communities. We 
     request that AmeriCorps be funded as needed in these times of 
     budget cutting across the Nation in the fiscal year 2003 
     supplemental budget so that Maine communities are able to 
     receive help from AmeriCorps volunteers and meet the critical 
     needs of our citizens; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-203. A joint resolution adopted by the Legislature of 
     the State of Maine relative to calculating rates in the Woods 
     Wage Survey, establishing heavy equipment operational rates, 
     and removing barriers to the health and safety of persons 
     harvesting forest products; to the Committee on Health, 
     Education, Labor, and Pensions.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twenty-first Legislature of the State of Maine now assembled 
     in the First Regular Session, most respectfully present and 
     petition the Congress of the United States as follows:
       Whereas, the United States Department of Labor H-2 Bonded 
     Labor Program is still used to employ loggers by timber 
     harvesting companies that operate in the forests of Maine; 
     and
       Whereas, a 1999 United States Department of Labor-sponsored 
     study of the H-2 program and the Maine logging industry 
     recommended a number of changes in the H-2 program; and
       Whereas, piece and equipment rates established annually for 
     the H-2 program essentially represent piece and equipment 
     rates not only for Canadian bonds but also United States 
     loggers who work in Maine timber harvesting operations; and
       Whereas, the timber harvesting segment of the Maine forest 
     products industry is characterized by greater use of 
     mechanized equipment to harvest the trees in the Maine woods 
     and the rates of operational reimbursement for that equipment 
     have not changed in 30 years; and
       Whereas, the 1999 bonded labor study found that ``changes 
     to the annual Woods Wage Survey and the establishment of 
     heavy equipment reimbursement rates will make the H-2 program 
     more efficient in ensuring its goals''; and
       Whereas, the varying and conflicting definitions of 
     criteria for and application of independent contractor status 
     by federal agencies also represent a significant challenge to 
     the forest products industry and other industries; and
       Whereas, these varying and conflicting definitions and 
     applications of independent contractor status make it 
     difficult for members of the forest products industry and 
     other industries to efficiently operate their businesses in 
     compliance with these laws, which are intended to define and 
     characterize the employer-employee relationship; and
       Whereas, some of these varying and conflicting definitions 
     and applications of independent contractor status, 
     particularly Section 530 of the federal Revenue Act of 1978, 
     as amended, encourage and enable some industry members to use 
     these laws to gain a competitive advantage over those 
     industry members struggling to obey both the letter and the 
     spirit of these laws; and
       Whereas, these varying and conflicting definitions and 
     applications of independent contractor status have made it 
     difficult, if not impossible, for federal agencies to 
     successfully prosecute individuals and businesses who 
     willfully violate the letter and spirit of these laws; now, 
     therefore, be it
       Resolved, That We, your Memorialists, for the continued 
     viability of the timber harvesting industry in Maine, 
     respectfully recommend, urge and request the Members of the 
     Maine Congressional Delegation to:
       1. Submit and support legislation requiring the United 
     States Department of Labor to establish reimbursement rates 
     for heavy equipment operation under the H-2 program;
       2. Urge the United States Department of Labor to conduct a 
     thorough examination of the current methodology for 
     calculating the various rates reflected in the annual Woods 
     Wage Survey for the H-2 program, particularly the methodology 
     for calculating hourly wage rates, and specifically urge the 
     department to examine the methodology for its Woods Wage 
     Survey for accuracy, rigor and types of workers included in 
     the survey's universe;
       3. Submit and support legislation to clarify and make more 
     consistent the definitions, applications and criteria for 
     independent contractors in federal law; and
       4. Review Section 530 of the federal Revenue Act of 1978, 
     as amended, with the Internal Revenue Service to ensure that 
     is current application does not represent a barrier to the 
     health and safety of those who work in the forest products 
     industry and that, if warranted, the delegation submit and 
     support legislation that will clarify the application of 
     Section 530 of the federal Revenue Act of 1978, as amended; 
     and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives, to the Secretary 
     of the United States Department of Labor, to the Commissioner 
     of the United States Internal Revenue Service and to each 
     Member of the Maine Congressional Delegation.
                                  ____

       POM-204. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to bovine 
     tuberculosis; to the Committee on Health, Education, Labor, 
     and Pensions.

                        Senate Resolution No. 87

       Whereas, Bovine tuberculosis is an infectious disease that 
     poses a significant risk to domestic livestock, wildlife, 
     companion animals, and humans throughout the world; and
       Whereas, Bovine tuberculosis has many severe impacts beyond 
     the disease itself. It increases costs, limits markets for 
     livestock producers nationally and internationally, depresses 
     interest in the state's hunting and tourism industries, and 
     requires state resources for its eradication. These factors 
     have impacted the families of northeastern Lower Michigan 
     significantly; and
       Whereas, Since the discovery of bovine tuberculosis in wild 
     white-tailed deer in Michigan in 1995, and in cattle in 1998, 
     the state of Michigan, in a partnership with Michigan State 
     University, the livestock industry, the hunting and outdoors 
     community, and local and federal officials, has worked 
     diligently

[[Page 18008]]

     to control, contain, and eradicate the disease; and
       Whereas, Through an aggressive testing plan for livestock 
     and wildlife, Michigan is able to demonstrate to other states 
     and the world that this disease is not present throughout the 
     entire state of Michigan and that the tremendous efforts 
     undertaken with both livestock and wildlife are moving the 
     state toward eradication; and
       Whereas, Federal assistance on technical, financial, and 
     staff levels has been critical to Michigan's efforts to 
     eradicate bovine tuberculosis; and
       Whereas, With many other current and emerging plant and 
     animal diseases, resources are challenged at both the federal 
     and state levels to address these diseases adequately; now, 
     therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to continue providing assistance to 
     Michigan to help eradicate bovine tuberculosis; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, the members of the 
     Michigan congressional delegation, and the United States 
     Department of Agriculture.
                                  ____

       POM-205. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to Federal 
     Prison Industries' unfair advantages in business competition; 
     to the Committee on the Judiciary.

                       Senate Resolution No. 103

       Whereas, in 1934, Federal Prison Industries (FPI) was 
     created as a government corporation. This system operates 
     more than 100 factories, utilizes more than 20,000 inmate 
     workers, and compiles total sales of approximately $500 
     million annually from over 150 products; and
       Whereas, While the role that FPI plays in promoting the 
     development of marketable skills among inmates has clear 
     merits, this operation enjoys unfair advantages over private 
     sector manufacturers. Even beyond the obvious wages and 
     benefits advantages inmate workers offer, other factors favor 
     FPI. This is especially true through certain governmental 
     procurement policies, including a ``mandatory source'' 
     requirement that severely limits competition; and
       Whereas, Michigan is harmed significantly by the advantages 
     FPI has over private manufacturers, especially within the 
     furniture industry. Thousands of Michigan workers have lost 
     their jobs in recent years, and the favorable policies for 
     FPI are major contributing factors in these job losses; and
       Whereas, In the past, legislation has been considered in 
     Congress to address directly the issue of the preferential 
     treatment afforded FPI in bidding for government contracts. 
     This unfair situation needs to be corrected to preserve jobs 
     and to restore fairness in the marketplace; now, therefore, 
     be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation that would remove the 
     unfair advantages that Federal Prison Industries has in 
     competition for business; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, the members of the 
     Michigan congressional delegation, and the Office of the 
     President of the United States.
                                  ____

       POM-206. A joint resolution adopted by the Senate of the 
     Legislature of the State of Colorado relative to the Aurora 
     Veterans' Memorial; to the Committee on Veterans' Affairs.

                     Senate Joint Resolution 03-029

       Whereas, In 1918, the Army established the Army General 
     Hospital No. 21 to serve World War I veterans, which hospital 
     was later renamed Fitzsimons Army Medical Center to honor 1st 
     Lieutenant William T. Fitzsimons, the first Army officer 
     killed in World War I; and
       Whereas, On October 7, 2002, the Aurora City Council 
     approved a memorial concept to pay tribute to the many living 
     and fallen military veterans from the city of Aurora; and
       Whereas, The Aurora Veterans' Memorial at Fitzsimons--
     ``National Debt'' monument will be located in Generals' Park, 
     on the Fitzsimons campus; and
       Whereas, Artist and veteran Gene Martin will bring his 
     vision to reality with a stunning sculpture entitled 
     ``National Debt'' depicting a hand reaching down from above, 
     spilling over with dog tags; and
       Whereas, The approximately fifty readable dog tags in the 
     sculpture, as well as four of the five black granite base 
     panels, will be engraved with the names and other information 
     of military veterans whose home of record was Aurora and who 
     died as a result of combat action, in the line of duty, 
     during the time since the Spanish-American war; and
       Whereas, The proposed sculpture, from bronze and stainless 
     steel with a black granite base, will be surrounded by a 
     fifty-eight foot pentagon-shaped ring of approximately nine 
     thousand commemorative paver and donor bricks located on the 
     ground and vertically on the inside of the inner pentagon-
     shaped sandstone wall which will incorporate five massive 
     cornerstones, each with a six foot bench; and
       Whereas, Three flagpoles will be displayed. Six foot by ten 
     foot American and POW/MIA flags will fly on the center fifty-
     foot pole, and six foot by ten foot Colorado state and City 
     of Aurora flags will each fly on shorter forty-five foot 
     flagpoles located to the north and south of the center pole. 
     All three flagpoles will face east and will be brilliantly 
     lit at night along with the ``National Debt'' sculpture; and
       Whereas, The Aurora Veterans' Memorial at Fitzsimons--
     ``National Debt'' monument will permanently honor the spirit 
     and sacrifice of Aurora veterans and their commitment to the 
     defense of our nation and serve as a reminder that we owe a 
     debt of gratitude to our veterans; and
       Whereas, A special documentary will be produced explaining 
     the entire history and concept of the memorial, further 
     honoring the fallen heroes who sacrificed their lives; and
       Whereas, The Aurora Veterans' Memorial at Fitzsimons--
     ``National Debt'' monument will also inspire future 
     generations, deepening their appreciation of the 
     accomplishments, dedication, and sacrifices of veterans in 
     creating the foundation for a more stable, peaceful, and 
     prosperous world, and will further serve as a reminder of 
     what can be accomplished when people unite in pursuit of a 
     just cause; and
       Whereas, Governor Bill Owens has expressed his support for 
     the establishment of the Aurora Veterans' Memorial at 
     Fitzsimons--``National Debt'' monument as evidenced by his 
     letter dated March 17, 2003; now, therefore, be it
       Resolved by the Senate of the Sixty-fourth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein: That we, the members of the Sixty-fourth 
     General Assembly of the State of Colorado, recognize and pay 
     tribute to the veterans, living and fallen, of Aurora and of 
     all of Colorado, and we support the efforts of the Aurora 
     Veterans' Affairs Commission in erecting the Aurora Veterans' 
     Memorial at Fitzsimons--``National Debt'' monument. Be it 
     further
       Resolved, That copies of this Joint Resolution be sent to 
     President George W. Bush; Vice President Richard Cheney; 
     Secretary of State Colin Powell; Secretary of Defense Donald 
     Rumsfeld; Secretary of Veterans Affairs Anthony Principi; 
     Colorado's congressional delegation; Aurora Mayor Paul Tauer; 
     the Aurora City Council; the Aurora Veterans Affairs 
     Commission; and Jerry L. Staples, Director, Aurora Veterans' 
     Memorial at Fitzsimons--``National Debt'' monument.
                                  ____

       POM-207. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to benefits for 
     Filipino veterans of World War II; to the Committee on 
     Veterans' Affairs.

                        Senate Resolution No. 70

       Whereas, on February 11, 2003, Representative Neil 
     Abercrombie, along with other members, introduced H.R. 664 in 
     the United States House of Representatives, which bill was 
     then referred to the Committee on Veterans' Affairs; and
       Whereas, H.R. 664 proposes to amend title 38 of the United 
     States Code, to improve benefits for Filipino veterans of 
     World War II and for the surviving spouses of those veterans; 
     and
       Whereas, H.R. 664 would mandate the Secretary of Veterans 
     Affairs to provide hospital and nursing home care and medical 
     services for service-connected disabilities for any Filipino 
     World War II veteran who resides in the United States and is 
     a United States citizen or lawful permanent resident alien; 
     and
       Whereas, H.R. 664 would further increase the rate of 
     payment of dependency and indemnity compensation of surviving 
     spouses of certain Filipino veterans; and
       Whereas, H.R. 664 would also increase the rate of payment 
     of compensation benefits and burial benefits to certain 
     Filipino veterans designated in title 38 United States Code 
     section 107(b) and referred to as New Philippine Scouts; now, 
     therefore, be it
       Resolved by the Senate of the Twenty-second Legislature of 
     the State of Hawaii, Regular Session of 2003, That the United 
     States Congress is respectfully urged to support the passage 
     of H.R. 664, to improve benefits for Filipino veterans of 
     World War II and the surviving spouses of those veterans; and 
     be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     members of Hawaii's congressional delegation, and the 
     Secretary of Veterans Affairs.
                                  ____

       POM-208. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to improving 
     benefits for Filipino veterans of World War II; to the 
     Committee on Veterans' Affairs.

                        Senate Resolution No. 69

       Whereas, on January 7, 2003, Senator Daniel K. Inouye 
     introduced S. 68 in the United States Senate, which bill was 
     read twice and then referred to the Committee on Veterans' 
     Affairs; and

[[Page 18009]]

       Whereas, S. 68 proposes to amend title 38 of the United 
     States Code, to improve benefits for Filipino veterans of 
     World War II and for the surviving spouses of those veterans; 
     and
       Whereas, S. 68 would increase the rate of payment of 
     compensation benefits to certain Filipino veterans, 
     designated in title 38 United States Code section 107(b) and 
     referred to as New Philippine Scouts, who reside in the 
     United States and are United States citizens or lawful 
     permanent resident aliens; and
       Whereas, S. 68 would further increase the rate of payment 
     of dependency and indemnity compensation of surviving spouses 
     of certain Filipino veterans; and
       Whereas, S. 68 would further make eligible for full 
     disability pensions certain Filipino veterans who reside in 
     the United States and are United States citizens or lawful 
     permanent resident aliens; and
       Whereas, S. 68 would further mandate the Secretary of 
     Veterans Affairs to provide hospital and nursing home care 
     and medical services for service-connected disabilities for 
     any Filipino World War II veteran who resides in the United 
     States and is a United States citizen or lawful permanent 
     resident alien; and
       Whereas, S. 68 would further require the Secretary of 
     Veterans' Affairs to furnish care and services to all 
     Filipino World War II veterans for service-connected 
     disabilities and nonservice-connected disabilities residing 
     in the Republic of the Philippines on an outpatient basis at 
     the Manila VA Outpatient Clinic; now, therefore, be it
       Resolved by the Senate of the Twenty-second Legislature of 
     the State of Hawaii, Regular Session of 2003, That the United 
     States Congress is respectfully urged to support the passage 
     of S. 68 to improve benefits for certain Filipino veterans of 
     World War II; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     members of the Hawaii congressional delegation, and the 
     Secretary of Veterans Affairs.
                                  ____

       POM-209. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of New 
     Hampshire; to the Committee on Veterans' Affairs.

                   House Concurrent Resolution No. 8

       Whereas, one of the prime missions of the Department of 
     Veterans Affairs is to nurture the health of those who have 
     served their country and who qualify for medical care; and
       Whereas, Congress has authorized an increase in the 
     medication copayment from $2 to $7 and applied it to each 
     month's supply rather than each prescription refill, pursuant 
     to the Veterans Millennium Health Care and Benefits Act of 
     1999; and
       Whereas, this change results in a $21 copayment for a 3 
     months' supply of even minor medications such as aspirin or 
     antacid; and
       Whereas, while the Department of Veterans Affairs gains 
     financially, the effect of such changes discourage veterans 
     from seeking help and is contrary to the Department's 
     mission: Now, therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring: That the general court of New Hampshire hereby 
     urges that the Congress of the United States make the 
     necessary changes concerning the copayment of $7 per 
     prescription, rather than each prescription refill, and 
     return to the $2 copayment pursuant to the Veterans 
     Millennium Health Care and Benefits Act of 1999; and
       That copies of this resolution signed by the speaker of the 
     house of representatives and the president of the senate be 
     forwarded by the house clerk to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     Secretary of the Department of Veterans Affairs, and to each 
     member of the New Hampshire congressional delegation.
                                  ____

       POM-210. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Texas 
     relative to the State Children's Health Insurance Program; to 
     the Committee on Finance.

                   House Concurrent Resolution No. 57

       Whereas, Federal funding for the State Children's Health 
     Insurance Program (SCHIP), enacted in 1997 by the United 
     States Congress, is provided through state-specific, annual 
     allotments; and
       Whereas, Several states have been unable to use all of 
     their allotments, while other states spent all available 
     funds; and
       Whereas, Absent a statutory change, states with excess 
     funds from prior years would lose millions in funding and put 
     underserved children's health in jeopardy; and
       Whereas, The State of Texas's two-year appropriations cycle 
     delayed the initiation of the SCHIP program, presenting 
     barriers to the full utilization of early-year SCHIP 
     allotments; and
       Whereas, The State of Texas began the 2002-2003 biennium 
     enrolling more children in SCHIP faster than any other state 
     in the country; and
       Whereas, The State of Texas, specifically, stands to lose 
     $248 million in unspent SCHIP funds: Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     enact legislation amending Title XXI of the Social Security 
     Act to extend the availability of allotments for fiscal years 
     1998 through 2001 under the State Children's Health Insurance 
     Program; and, be it further
       Resolved, That the Texas secretary of State forward 
     official copies of this resolution to the president of the 
     United States, the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and all the members of the Texas delegation to the 
     congress with the request that this resolution be officially 
     entered into the Congressional Record of the United States of 
     America.
                                  ____

       POM-211. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Texas 
     relative to Medicaid spending; to the Committee on Health, 
     Education, Labor, and Pensions.

                   House Concurrent Resolution No. 56

       Whereas, State Medicaid spending currently accounts for 
     approximately 22 percent of total state spending; and
       Whereas, Under the Federal Medical Assistance Percentage, 
     the federal share of state Medicaid spending provided to the 
     State of Texas has decreased by 4.2 percent over the past 10 
     years; and
       Whereas, Average monthly Medicaid caseloads in the State of 
     Texas are projected to increase to 2,885,583 by fiscal year 
     2005 from 2,376,193 in fiscal year 2003; and
       Whereas, Prescription drug costs are a major factor driving 
     Medicaid expenditures, and annual Medicaid prescription 
     levels in the State of Texas are projected to rise to 
     40,257,515 by fiscal year 2005, from 33,859,094 in fiscal 
     year 2003; and
       Whereas, The Congressional Budget Office projects that 
     Medicaid spending under the current system will more than 
     double by the year 2012; and
       Whereas, Section 1115 of the Social Security Act grants the 
     secretary of health and human services broad authority to 
     waive certain laws relating to Medicaid or SCHIP for the 
     purpose of conducting pilot, experimental or demonstration 
     projects which are likely to promote the objectives of the 
     program; and
       Whereas, Section 1115 demonstration waivers allow states to 
     change provisions of their Medicaid or SCHIP programs, 
     including eligibility requirements, the scope of services 
     available, the freedom to choose a provider, a provider's 
     choice to participate in a plan, the method of reimbursing 
     providers, and the statewide application of the program; and
       Whereas, The State of Florida has successfully experimented 
     with the ``cash and counsel'' program, a consumer-directed 
     care model for the purchase of attendant care and other 
     community care services under a Section 1115 demonstration 
     waiver; and
       Whereas, In early 2002, both houses of the legislature of 
     the State of Florida voted unanimously to continue with a 
     consumer-directed care approach for the purchase of attendant 
     care and other community care services; Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully urge the Secretary of the United States 
     Department of Health and Human Services to authorize any 
     section 1115 demonstration waivers, and any other related 
     waivers, requested by State of Texas for the purposes of 
     implementing a consumer-directed care program for the 
     purchase of attendant care and other community care services 
     under the state Medicaid program; and, be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, the secretary of the United States Department of 
     Health and Human Services and all the members of the Texas 
     delegation to the congress with the request that this 
     resolution be officially entered into the Congressional 
     Record of the United States of America.
                                  ____

       POM-212. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to seafood 
     import restrictions and antibiotics; to the Committee on 
     Health, Education, Labor, and Pensions.

                        Senate Resolution No. 57

       Whereas, on May 8, 2003 Senate Concurrent Resolution No. 18 
     of the 2003 Regulation Session was enrolled by the Louisiana 
     Legislature; and
       Whereas, Senate Concurrent Resolution No. 18 called for the 
     United States Government to improve enforcement of food 
     import restrictions on seafood imports containing 
     chloramphenicol, nitrofurans, and other banned veterinary 
     drugs in order to protect American consumers and ensure the 
     safety of the food supply; and
       Whereas, language was added to Senate Concurrent Resolution 
     No. 18 at the request of the American Seafood Distributors 
     Association (ASDA) to state that, ``United States based 
     companies involved in the importation and processing of 
     shrimp are opposed to the use of chloramphenicol and are 
     working with the domestic shrimp industry and the Food and 
     Drug Administration to develop effective protocols, including 
     in-country testing,

[[Page 18010]]

     certification of foreign testing facilities and other means 
     to detect banned antibiotics and to exclude all tainted 
     products from the United States market''; and
       Whereas, the fact that both the domestic industry and 
     companies importing seafood into the United States are 
     opposed to the use of chloramphenicol and all other banned 
     drugs in imported seafood is a benefit to all United States 
     consumers; and
       Whereas, the specific working of the amendment added at the 
     request of the ASDA may be misinterpreted that the Louisiana 
     Legislature supports testing of imported seafood in foreign 
     countries: Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     desires to clarify Senate Concurrent Resolution No. 18 of the 
     2003 Regular Session, enrolled on May 8, 2003, that the 
     Louisiana Legislature only supports the testing of imported 
     seafood by the Federal Food and Drug Administration within 
     the boundaries of the United States; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     clerk of the United States House of Representatives and to 
     each member of the Louisiana delegation to the United States 
     Congress.
                                  ____

       POM-213. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to funding 
     for the Louisiana University of Medical Services; to the 
     Committee on Health, Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 108

       Whereas, Louisiana suffers with one of the worst health 
     environments in the country, including a high infant 
     mortality rate, a high rate of low birth weight babies, and 
     an incidence of stroke that is 1.3 times that of the rest of 
     the country, outside of the ``stroke belt''; and
       Whereas, despite the best efforts of medical education 
     institutions in Louisiana, the deficit of primary care 
     physicians continues; and
       Whereas, less than one-half of the 1998 graduates of 
     medical education institutions in Louisiana selected a 
     primary care specialty; and
       Whereas, Louisiana University of Medical Sciences, Inc., 
     College of Primary Care Medicine, is a non-profit 
     organization designed to address the shortage of primary care 
     physicians in small towns, rural areas, and underserved 
     areas; and
       Whereas, the faculty and staff of the College of Primary 
     Care Medicine are committed to a teaching program that 
     addresses the shortage of primary care physicians both in 
     Louisiana and nationwide; and
       Whereas, throughout the educational experience at the 
     College of Primary Care Medicine of the Louisiana University 
     of Medical Sciences, Inc., the student will be exposed to a 
     wide variety of primary health care settings; and
       Whereas, through the program at the College of Primary Care 
     Medicine of the Louisiana University of Medical Sciences, 
     Inc., the traditional basic medical sciences will be 
     thoroughly presented, and students will be given all the 
     tools necessary to be successful on the United States Medical 
     Licensing Examination: Therefore, be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the Congress of the United States to provide 
     funding for the Louisiana University of Medical Sciences, 
     Inc., College of Primary Care Medicine; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the President of the United States, the secretary of the 
     United States Senate, the clerk of the United States House of 
     Representatives, and each member of the Louisiana delegation 
     to the United States Congress.

                          ____________________