[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 18782-18786]
[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-221. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to payments for the detrimental 
     effects of federally held lands in Nevada; to the Committee 
     on Energy and Natural Resources.

                    Assembly Joint Resolution No. 6

       Whereas, An average of 52 percent of the land in 13 western 
     states is held by the Federal Government, while the Federal 
     Government holds an average of only 4.1 percent of the land 
     in the remaining 37 states; and
       Whereas, In Nevada, approximately 87 percent of the land, 
     which amounts to approximately 61 million acres, is held by 
     the Federal Government; and
       Whereas, In 15 of the 17 counties in Nevada, more than 50 
     percent of the land is held by the Federal Government, and in 
     4 of the 17 counties, more than 90 percent of the land is 
     held by the Federal Government; and
       Whereas, The management and control of such an extensive 
     amount of the land in Nevada by the Federal Government has 
     had substantial adverse effects on Nevadans; and
       Whereas, When the Territory of Nevada was admitted to 
     statehood on October 31, 1864, the Federal Government 
     provided the newly admitted state with 2 sections of land in 
     each township for the benefit of common schools, which 
     amounted to 3.9 million acres, while other states that were 
     subsequently admitted to statehood received 4 sections of 
     land in each township for the benefit of common schools; and
       Whereas, In 1880, it was necessary for Nevada to agree to 
     exchange its 3.9 million acres for only 2 million acres of 
     its own selection as Nevada had an immediate need for public 
     school revenues and the land originally granted by the 
     Federal Government to Nevada for common schools was not 
     providing sufficient revenue because it included many 
     undesirable sections that were on steep mountainsides or salt 
     flats, the sections of the land could not be received from 
     the Federal Government until they were surveyed and only a 
     small fraction of the land had been surveyed and sold; and
       Whereas, The disproportionately small amount of land 
     received from the Federal Government for the benefit of 
     common schools contributes only a small amount of revenue for 
     the schools in Nevada in comparison to other states, and 
     places an excessive burden on the financial resources of each 
     county in Nevada; and
       Whereas, Because the land held by the Federal Government is 
     exempt from property taxes, the management and control of 
     such an extensive amount of land in Nevada by the Federal 
     Government has the effect of worsening the tremendous fiscal 
     burdens experienced by counties in Nevada for those counties 
     with a considerable amount of federally held land located 
     within their boundaries; and
       Whereas, The annual impact of this property tax exemption 
     in the western states has been estimated at billions of 
     dollars, which greatly hinders the ability of those western 
     states, including Nevada, to develop and prosper 
     economically; and
       Whereas, In 1976, Congress enacted Public Law 94-595, which 
     is codified as 31 U.S.C. Sec. Sec. 6901 to 6907, inclusive, 
     and as amended, is commonly known as the Payments In Lieu of 
     Taxes Act; and
       Whereas, The Act requires the Federal Government to make 
     annual payments to local governments to compensate the local 
     governments for the loss of revenue they experience because 
     of the presence of land within their boundaries that is held 
     by the Federal Government; and
       Whereas, Congress appropriates money each year that the 
     Bureau of Land Management distributes to each of the 17 
     counties in the State of Nevada pursuant to several statutory 
     formulas set forth in the Act; and
       Whereas, The annual payments received by the counties in 
     Nevada pursuant to the Act are significantly less than the 
     annual revenue that those counties could collect from 
     property taxes if the land held by the Federal Government 
     were privately held; and
       Whereas, From the inception of the payments in 1977 to the 
     end of the 2001-2002 Fiscal Year, the money appropriated by 
     Congress has been insufficient to provide full payment to the 
     counties in Nevada pursuant to the statutory formulas; and
       Whereas, Even though Nevada is the state with the second 
     highest percentage of land held by the Federal Government, 
     Nevada only ranks as the eighth highest state in terms of the 
     amount of the payments it receives from the Bureau of Land 
     Management pursuant to the Act because the statutory formula 
     set forth in 31 U.S.C. Sec. 6903 is based in part on the 
     population of the local government that will be receiving the 
     payments, and 14 of the 17 counties in Nevada have 
     populations that are less than 50,000; and
       Whereas, Another example of the adverse effects of the 
     management and control of the extensive amount of land in 
     Nevada held by the Federal Government is the management and 
     control of the Nevada Test Site, which was established in 
     December 1950, by President Truman, upon the recommendation 
     of the Atomic Energy Commission, as the location at which 
     nuclear weapons testing would be conducted within the 
     continental United States; and
       Whereas, Approximately 5,470 square miles of federally held 
     land in Nevada was used to provide:
       1. The Nevada Test Site, which is owned and controlled by 
     the United States Department of Energy and encompasses 
     approximately 1,350 square miles of desert and mountainous 
     terrain, an area which is larger than the State of Rhode 
     Island; and
       2. An additional 4,120 square miles of unpopulated land 
     area surrounding the site which was withdrawn from the public 
     domain for use as a protected wildlife range and for a 
     military gunnery range; and
       Whereas, More than 1,100 nuclear weapons tests were 
     conducted at the Nevada Test Site, located 65 miles northwest 
     of Las Vegas, Nevada, before the Limited Test Ban Treaty, 
     which effectively banned atmospheric testing of nuclear 
     weapons, was signed on August 5, 1963; and
       Whereas, While the primary mission of the Nevada Test Site 
     has been the testing of nuclear weapons, after the signing of 
     the Limited Test Ban Treaty in 1963 and the initiation of a 
     voluntary worldwide moratorium on nuclear weapons testing in 
     1992, the Nevada Test Site has been used for other purposes, 
     including, without limitation, hazardous chemical spill 
     testing, emergency response training, conventional weapons 
     testing, conducting studies relating to waste management and 
     environmental technology, and storing low-level waste; and
       Whereas, In 1978, the United States Department of Energy 
     established two Radioactive Waste Management Sites at the 
     Nevada Test Site which have received approximately 21 million 
     cubic feet of low-level waste for disposal from 1978 until 
     the present, making the Nevada Test Site one of the largest 
     regional low-level waste storage facilities in the country; 
     and
       Whereas, Because the Nevada Test Site is centrally located 
     within the Death Valley regional ground-water flow system, 
     which includes much of southern Nevada and the Death Valley 
     region of eastern California, the residents of Nevada and 
     California are subject to risks from subsurface contaminants 
     that may be transported from the Nevada Test Site by ground 
     water as a result of past and future activities conducted at 
     the Nevada Test Site; and
       Whereas, The residents and resources of Nevada may be 
     exposed to additional risks because most of the ground water 
     leaving the ground-water flow system is limited to local 
     areas where geologic and hydrologic conditions force ground 
     water upward toward the surface to discharge at springs and 
     seeps; now, therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the 72nd Session of the Nevada 
     Legislature hereby urge Congress to:
       1. Authorize the transfer of land in Nevada from the 
     Federal Government to the State of Nevada in the amount 
     necessary to provide Nevada with the same amount of land 
     received by the states that received 4 sections of land for 
     the benefit of common schools upon admission to statehood;

[[Page 18783]]


       2. Either:
       (a) Amend 31 U.S.C. Sec. 6906 to provide permanent funding 
     in the amount necessary to carry out the Payments In Lieu of 
     Taxes Act as set forth in 31 U.S.C. Sec. Sec. 6901 to 6097, 
     inclusive; or
       (b) Appropriate for distribution to the counties in the 
     State of Nevada a sufficient amount of money each fiscal year 
     to provide the entire amount of the payments required by the 
     statutory formulas set forth in the Payments In Lieu of Taxes 
     Act;
       3. Amend 31 U.S.C. Sec. 6903 by deleting the current 
     population-based statutory formula and replacing it with a 
     provision that authorizes the Secretary of the Interior to 
     compensate the counties in Nevada and the local governments 
     of other states in an amount that is equal to the amount that 
     those counties and other local governments would be able to 
     collect in property taxes if the land held by the Federal 
     Government were privately held; and
       4. Either:
       (a) Authorize the transfer of an additional 5,470 square 
     miles of land in Nevada and any water rights appurtenant 
     thereto from the Federal Government to the State of Nevada to 
     fairly compensate Nevada for the approximately 5,470 square 
     miles of land that were withdrawn from the public domain for 
     the purpose of establishing the Nevada Test Site; or
       (b) Appropriate for distribution to the State of Nevada the 
     amount of money necessary to fairly compensate Nevada for the 
     approximately 5,470 square miles of land that were withdrawn 
     from the public domain for the purpose of establishing the 
     Nevada Test Site and any detrimental effects to that land and 
     to the Death Valley regional ground-water flow system that 
     resulted from the activities conducted at the Nevada Test 
     Site; 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 presiding officer of the United States 
     Senate, the Speaker of the House of Representatives, the 
     Secretary of the Interior, the Secretary of Energy, the 
     Director of the Bureau of Land Management and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-222. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to a special highway appropriation amendment; to the 
     Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 5

       Whereas, DeSoto, Concordia, and Morehouse parishes have 
     been declared economically deprived areas; and
       Whereas, DeSoto, Concordia, and Morehouse parishes are 
     attempting to help themselves economically with ambitious, 
     parishwide projects for industrial development; and
       Whereas, successful industrial development requires good, 
     four-lane highways and other infrastructure; and
       Whereas, the DeSoto Industrial Board has proposed to the 
     voters, to be decided on October 20, 2001, what is tantamount 
     to a 6.5 mills ad valorem tax to finance up to three major 
     industrial parks; and
       Whereas, plans have already been approved to build a four-
     lane bridge over the Sabine River on U.S. Highway 84 at 
     Logansport, Louisiana; and
       Whereas, a four-lane highway connecting I-49 to the four-
     lane U.S. Highway 59 leading to Houston, Texas, and beyond, 
     would provide a tremendous economic boom to Louisiana, Texas, 
     and the nation; and
       Whereas, to four-lane a highway on U.S. Highway 65 in 
     Clayton, Louisiana, in Concordia Parish north to the Arkansas 
     state line and to four-lane a highway on U.S. Highway 425 
     from Bastrop in Morehouse Parish to the Arkansas state line 
     would provide a tremendous economic boom to one of the most 
     economically depressed areas in the state and the nation: 
     Therefore, be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize the United States Congress to support a special 
     highway appropriation amendment to four-lane approximately 
     forty miles of U.S. Highway 84 from I-49 near Mansfield, 
     Louisiana, to Tenaha, Texas, where it intersects U.S. Highway 
     59, which is four-laned to Houston, Texas, and to four-lane 
     U.S. Highway 65 in Clayton, Louisiana, in Concordia Parish 
     north to the Arkansas state line and four-lane U.S. Highway 
     425 from Bastrop in Morehouse Parish to the Arkansas state 
     line, be it further
       Resolved, That a copy of this resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-223. A resolution adopted by the Senate of the 
     Legislature of the State of Wisconsin relative to the twenty-
     seventh year of military occupation of Cyprus; to the 
     Committee on Foreign Relations.

                          Senate Resolution 11

       Whereas, the Republic of Cyprus has been divided and 
     occupied by foreign forces since 1974, in violation of United 
     Nations' resolutions; and
       Whereas, the international community and the U.S. 
     government have repeatedly called for the withdrawal of all 
     foreign military forces from the territory of Cyprus; and
       Whereas, there are internationally acceptable means to 
     resolve the situation in Cyprus, including demilitarization 
     and the establishment of a multinational force to ensure the 
     security of both communities in Cyprus; and
       Whereas, a peaceful, just, and lasting solution to the 
     Cyprus problem would greatly benefit security, as well as the 
     political, economic, and social well-being of all Cypriots, 
     while contributing to improve relations between Greece and 
     Turkey; and
       Whereas, the United Nations has repeatedly stated the 
     parameters for such a solution, most recently in the United 
     Nations Security Council Resolution 1217, which was adopted 
     on December 22, 1998, with United States support; and
       Whereas, the United Nations Security Council Resolution 
     1218 adopted on December 22, 1998, calls for reduction of 
     tensions in the island, through a staged process aimed at a 
     limited and then substantially reduced level of all troops 
     and armaments in Cyprus, ultimately leading to the 
     demilitarization of the Republic of Cyprus; and
       Whereas, President Bush wholeheartedly supported resolution 
     1218 and committed himself to taking all necessary steps to 
     support a sustained effort to implement it; now, therefore, 
     be it
       Resolved by the senate, That the member of the Wisconsin 
     senate endorse President Bush's commitment to undertake 
     significant efforts in order to promote substantial progress 
     towards a solution of the Cyprus problem in 2001, so that all 
     in Cyprus may enjoy rights and freedoms regardless of their 
     ethnic origins; and, be it further.
       Resolved, That the senate chief clerk shall provide a copy 
     of this resolution to the president and secretary of the U.S. 
     Senate, to the speaker and clerk of the U.S. House of 
     Representatives, and to each member of the congressional 
     delegation from this state attesting the adoption of this 
     resolution by the 2001 senate of the state of Wisconsin.
                                  ____

       POM-224. A joint resolution adopted by the Assembly of the 
     State of Nevada relative to prescription drugs in the 
     Medicare program; to the Committee on Finance.

                    Assembly Joint Resolution No. 15

       Whereas, Prescription medications are vital to health care 
     today; and
       Whereas, Medicare represents a critically important source 
     of health insurance for older residents of Nevada and for 
     residents of Nevada with certain disabilities, and the 
     coverage provided through Medicare does not provide coverage 
     for prescription drugs; and
       Whereas, Most beneficiaries of Medicare who seek coverage 
     for prescription drugs are required to obtain private or 
     public supplemental coverage to cover prescription drugs; and
       Whereas, According to the results of a study conducted by 
     the American Association of Retired Persons (AARP) and 
     contained in the AARP Public Policy Issue Brief #IB41, 
     consisting primarily of data collected in 1999 and based on 
     an average of the different levels of income as a percentage 
     of the federally designated level signifying poverty, 
     beneficiaries of Medicare who are 65 years of age or older 
     spent an average of approximately $2,500 per year, or 19 
     percent of their income, on out-of-pocket health care 
     expenses; and
       Whereas, According to the AARP study, prescription drugs 
     constitute the largest component of out-of-pocket spending on 
     health care by beneficiaries of Medicare, averaging 
     approximately 17 percent of the total out-of-pocket spending 
     on health care and accounting for more than the costs of 
     physician care, vision services and medical supplies 
     combined; and
       Whereas, According to the study, the total spending on 
     prescription drugs in the United States grew by approximately 
     13 percent per year between 1993 and 2000 and is expected to 
     grow by approximately 12 percent per year through 2011; and
       Whereas, According to the study, beneficiaries of Medicare 
     made up approximately 15 percent of the population in 1999, 
     but accounted for approximately 40 percent of the total 
     spending on prescription drugs in the United states; and
       Whereas, According to the study, beneficiaries of Medicare 
     with supplemental coverage for prescription drugs are at risk 
     of losing such coverage, as evidenced by a decrease of 
     coverage of prescription drugs offered by certain employers 
     from 31 percent in 1997 to 24 percent in 2001 and a decrease 
     of coverage offered under certain Medicare plans for 
     prescription drugs from 65 percent in 1999 to 50 percent in 
     2002; and
       Whereas, Many older or disabled residents of Nevada who 
     receive Medicare benefits cannot afford supplemental coverage 
     for prescription drugs: Now, therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the 72nd Session of the Nevada 
     Legislature urge Congress to provide a comprehensive 
     universal plan for the uniform coverage of prescription drugs 
     within the Medicare program that will provide beneficiaries 
     of Medicare with stable access to prescription drugs

[[Page 18784]]

     on a voluntary basis, without extraordinary out-of-pocket 
     costs and without unreasonable premiums, deductibles or 
     copayments; and be it further
       Resolved, That the program of prescription drug coverage 
     for Medicare beneficiaries should have no requirement 
     relating to the use of state funds now used for existing 
     State programs; 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-225. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to tariff rate quotas for the importation of dry 
     milk protein concentrates; to the Committee on Finance.

                   House Concurrent Resolution No. 9

       Whereas, The dairy industry has been significantly impacted 
     in recent years by the rising use of dry milk protein 
     concentrates (MPCs). The technology that makes possible the 
     ultrafiltration process that separates proteins and the other 
     components of milk was not fully developed when the General 
     Agreement on Tariffs and Trade (GATT) was finalized in 1994. 
     As a result, there are almost no restrictions on the 
     importation of MPCs. This is causing serious damage to the 
     domestic dairy industry; and
       Whereas, According to the General Accounting Office report 
     on dairy products, the volume of MPC imports grew from 805 
     metric tons in 1990 to 44,878 in 1999. The quotas set under 
     GATT in 1994 are clearly not comprehensive enough for the 
     forms in which some dairy products are imported today. 
     Foreign exporters are known to blend dairy proteins for the 
     purpose of circumventing existing tariff rate quotas; and
       Whereas, In the 108th Congress, legislation has been 
     introduced to establish tariff rate quotas for MPCs. With the 
     enactment of legislation to close this loophole, American 
     agriculture will be able to complete on a more equal basis. 
     The overall benefits, to our national economy and the 
     domestic dairy industry, will strengthen a vitally important 
     industry and restore the stability of the marketplace; now, 
     therefore, be it
       Resoloved by the house of representatives (the senate 
     concurring), That we memorialize the Congress of the United 
     States to enact legislation to provide for tariff rate quotas 
     for dry milk protein concentrates that are equivalent to the 
     import quotas currently in place on other dairy products; 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-226. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to relief of the cost for prescription drugs in the 
     Medicare program; to the Committee on Finance.

                  House Concurrent Resolution No. 106

       Whereas, Medicare is the largest program providing medical 
     and health-related services to America's poorest people; and
       Whereas, seniors make up thirteen percent of the population 
     but account for forty-two percent of the country's spending 
     on medicines; and
       Whereas, in Louisiana in 2001, thirteen percent of those 
     enrolled in Medicare were elderly; and
       Whereas, last year the drug industry raised prices an 
     average of four percent, twice the rate of inflation: 
     Therefore be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the United States Congress to pass legislation 
     giving relief from high prescription drug prices to seniors 
     on Medicare; 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 and to 
     each member of the Louisiana congressional delegation.
                                  ____

       POM-227. A concurrent resolution adopted by the House of 
     Representatives of the of the Legislature of the State of 
     Louisiana relative to social security benefits for those 
     receiving benefits from federal, state, or local government 
     retirement systems; to the Committee on Finance.

                  House Concurrent Resolution No. 178

       Whereas, the Congress of the United States has enacted both 
     the Government Pension Offset (GPO), reducing the spousal and 
     survivor social security benefit, and the Windfall 
     Elimination Provision (WEP), reducing the earned social 
     security benefit for persons who also receive federal, state, 
     or local retirement; and
       Whereas, the intent of Congress in enacting the GPO and WEP 
     provisions was to address concerns that public employees who 
     had worked primarily in federal, state, and local government 
     employment receive the same benefit as workers who had worked 
     in covered employment throughout their careers, thereby 
     providing a disincentive to ``double dipping''; and
       Whereas, the GPO affects a spouse or survivor receiving 
     federal, state, or local government retirement benefits who 
     would also be entitled to a social security benefit earned by 
     a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     social security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement benefit 
     received by the spouse or survivor, in many cases completely 
     eliminating the social security benefit; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement benefits, in 
     addition to working in covered employment and paying into the 
     social security system; and
       Whereas, the WEP reduces the earned social security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce social security benefits for such persons by as much 
     as one-half of the uncovered public retirement benefits 
     earned; and
       Whereas, because of these calculation characteristics, the 
     GPO and WEP have a disproportionately negative effect on 
     employees working in lower-wage government jobs, like 
     policemen, firefighters, and teachers; and
       Whereas, these provisions also have a greater adverse 
     effect on women than on men because of the gender differences 
     in salary that continue to plague our nation; and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of her citizens and to encourage them to live 
     here life-long: Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to review the 
     GPO and WEP social security benefit reductions and to 
     consider eliminating them; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America, to each member of the Louisiana congressional 
     delegation, and to the school boards of Beauregard, Rapides 
     and Vernon parishes.
                                  ____

       POM-228. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to Section 418(d)(6)(C) of Title 42 of the United 
     States Code; to the Committee on Finance.

                  House Concurrent Resolution No. 182

       Whereas, Section 418(d)(6)(C) of Title 42 of the United 
     States Code applies to the states of Alaska, California, 
     Connecticut, Florida, Georgia, Hawaii, Illinois, 
     Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New 
     York, North Dakota, Pennsylvania, Rhode Island, Tennessee, 
     Texas, Vermont, Washington, and Wisconsin and allows each of 
     these states to divide the retirement system or systems 
     established by the state or any political subdivision thereof 
     into two parts; and
       Whereas, one of the two parts of any such divided 
     retirement system is composed of members who desire to 
     participate jointly in both the state, statewide, or local 
     retirement system and the federal social security system and 
     the second part of any such divided retirement system is 
     composed of members who desire to participate solely in the 
     state, statewide, or local retirement system but not in the 
     federal social security sytem; and
       Whereas, the due process clause of the Fifth Amendment to 
     the Constitution of the United States has been held to 
     contain an equal protection component, vesting all citizens 
     of the United States with the right to equal protection of 
     the laws of this country; and
       Whereas, the provisions of Section 418(d)(C)(6) of Title 42 
     of the United States Code confer certain rights on the 
     citizens of twenty-one states, while simultaneously depriving 
     the citizens of the state of Louisiana of the same rights 
     without expressly stating a compelling reason for the unequal 
     treatment of those citizens who are deprived of their 
     constitutional right to equal protection under that law.
       Whereas, the United States Congress is currently 
     considering United States House Resolution No. 743 which 
     would add the state of Kentucky to the state allowed to have 
     a divided retirement system: Therefore be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize the United States Congress to amend the 
     provisions of Section 418(d)(6)(C) of Title 42 of the United 
     States Code to allow the state of Louisiana the right to 
     divide the retirement system or systems established by the 
     state or any political subdivision thereof into two parts, 
     the first part being composed of members who desire to 
     participate jointly in both the state, statewide, or local 
     retirement system and the federal social security system and 
     the second part of any such divided retirement system to be 
     composed of members who desire to participate solely in the 
     state, statewide, or local retirement system but not in the 
     federal social security system; be it further
       Resolved, The members of the Louisiana Congressional 
     delegation are hereby urged

[[Page 18785]]

     and requested to take action to include the state of 
     Louisiana in the states permitted to have a divided 
     retirement system, either by amending House Resolution No. 
     743 or other federal legislation; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-229. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to tax 
     credits for diesel and gasoline refined from wood bio-mass; 
     to the Committee on Finance.

                  Senate Concurrent Resolution No. 145

       Whereas, gasoline and diesel fuel for vehicular use are in 
     short supply and constitute a sizable portion of domestic 
     petroleum consumption; and
       Whereas, in light of greenhouse effects produced during 
     refining operations, all refining methods and materials 
     should be considered by producers of gasoline and diesel 
     fuel; and
       Whereas, under current federal laws and regulations, 
     producers of gasoline and diesel fuel refined from corn and 
     grain are eligible to receive federal motor fuels tax 
     credits; and
       Whereas, wood bio-mass is now being used in increasing 
     instances by producers of gasoline and diesel fuel in their 
     refining process; and
       Whereas, under current federal laws and regulations, 
     producers of gasoline and diesel fuel refined from wood bio-
     mass are not eligible to receive federal motor fuels tax 
     credits; and
       Whereas, the granting of federal motor fuels tax credits 
     for diesel and gasoline refined from wood would have a 
     positive effect on the environment and increase the 
     availability of fuel for vehicular use: Therefore be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the Congress of the United States to support any 
     proposed federal laws, rules or regulations that would grant 
     federal motor fuels tax credits for diesel and gasoline 
     refined from wood bio-mass materials; 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 Congressional Delegation.
                                  ____

       POM-230. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to restoring proposed cuts to the 21st Century 
     Community Learning Centers Program; to the Committee on 
     Health, Education, Labor, and Pensions.

                        House Resolution No. 55

       Whereas, The proposed federal budget includes a $400 
     million cut in the 21st Century Community Learning Centers 
     program for after-school programs; and
       Whereas, The proposed cut undermines the goals of the ``No 
     Child Left Behind'' Act to help children succeed academically 
     and enhance their reading and writing skills; and
       Whereas, The proposed cut would directly affect programming 
     for over 20,000 high-risk youth in Michigan, through an 
     estimated $15,688,256 loss of funding; and
       Whereas, Many research studies indicate that children who 
     consistently attend after-school programs have better peer 
     relations, emotional adjustment, conflict resolution skills, 
     grades, and conduct compared to those children not involved 
     in programs; and
       Whereas, Juvenile crime soars in the hours immediately 
     after the bell rings, and after-school programs prevent 
     juvenile delinquency and victimization of youth; and
       Whereas, 21st Century Community Learning Centers actively 
     engage parents as partners in their children's education and 
     seek to strengthen the bonds between home and school; and
       Whereas, 21st Century Community Learning Centers in 
     Michigan are successful in reducing school absenteeism, 
     improving reading scores, and providing a safe place for 
     children during peak juvenile crime hours; and
       Whereas, 21st Century Community Learning Centers align 
     their curriculum with the school day curriculum through fun 
     and experimental learning activities; and
       Whereas, The state of Michigan has begun the implementation 
     of the 21st Century Community Learning Centers and sees these 
     centers as one of the best sustainable means to offer quality 
     after-school programs to the greatest number of high-risk 
     youth in the state; and
       Whereas, On April 10, 2003, the Michigan House of 
     Representatives, knowing the value of after-school programs, 
     passed House Resolution 26, on the ``Michigan After-School 
     Initiative,'' to call for the creation of a task force to 
     assess the status of after-school programming in Michigan and 
     to develop a plan to ensure access to after-school programs 
     for every school-age child in Michigan; and
       Whereas, 21st Century Community Learning Centers promote an 
     active level of community partnership and collaboration among 
     providers to best serve children; and
       Whereas, Polls show that 92% of Americans believe there 
     should be organized activities for children and teens during 
     after-school hours: Now, therefore, be it
       Resolved by the house of representatives; That we 
     memorialize the Congress of the United States to restore the 
     proposed $400 million cut to the 21st Century Community 
     Learning Centers program; 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.
     Adopted by the House of Representatives, July 1, 2003.
                                  ____

       POM-231. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to partial birth abortions; to the Committee on 
     Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 68

       Whereas, partial birth abortion shall mean an abortion in 
     which the person performing the abortion partially vaginally 
     delivers a living fetus before killing the fetus and 
     completing the delivery; and
       Whereas, in a partial birth abortion, the physician pulls 
     the baby out of the womb and into the birth canal, leaving 
     the head lodged just inside the cervix; and
       Whereas, the physician then punctures the base of the skull 
     and inserts a catheter into the wound, removing the baby's 
     brain and causing the skull to collapse; the physician then 
     completes the delivery of the now-dead baby; and
       Whereas, although partial birth abortions are usually 
     performed in the fifth and sixth months of gestation, the 
     procedure has been used in the third trimester of pregnancy; 
     and
       Whereas, experts agree that with current medical 
     technology, a normal fetus in the twenty-first week of 
     gestation is capable of sustaining life outside the womb; and
       Whereas, under both federal and most state laws, a live 
     birth occurs when a baby is entirely expelled from the womb, 
     shows any signs of life, and is developed enough to be 
     sustained outside the womb with neonatal medical assistance; 
     and
       Whereas, it is estimated that three thousand to five 
     thousand partial birth abortions are performed annually, 
     sometimes in the seventh month or later; and
       Whereas, although the procedure is sometimes performed in 
     cases of fetal disorders or maternal distress, many partial 
     birth abortions are performed on healthy babies of healthy 
     mothers: Therefore be it
       Resolved, That the Louisiana Legislature does hereby 
     memorialize the United States Congress to vote to ban partial 
     birth abortions; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the residing officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-232. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to the Federal Prison Industries; to the Committee 
     on the Judiciary.

                        House Resolution No. 37

       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 the restore fairness in the marketplace; now, therefore, 
     be it
       Resolved by the house of representatives, 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, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-233. A resolution adopted by the House of 
     Representatives of the Legislature

[[Page 18786]]

     of the State of Michigan relative to the ratification of an 
     amendment to the Constitution to prohibit desecration of the 
     American flag; to the Committee on the Judiciary.

                        House Resolution No. 80

       Whereas, Throughout our history, the American flag has held 
     a unique place of respect and affection among our people. 
     This symbol of our shared ideals and aspirations has taken on 
     even greater meaning in the wake of the September 11, 2001, 
     attacks and through our growing appreciation of the suffering 
     of the men and women who have made immeasurable sacrifices to 
     preserve our liberties; and
       Whereas, In recent years, there has been considerable 
     debate over the idea of extending constitutional protection 
     to the flag. The people of our country strongly support 
     establishing special protections for our national symbol. 
     Extending this status to our most cherished symbol would only 
     accord due recognition to a unique component of our national 
     identity; and
       Whereas, Debate on the issue of creating a constitutional 
     amendment to prohibit desecration of our flag often centers 
     on what constitutes freedom of expression and free speech. In 
     this discussion, it is important to realize that a 
     prohibition on flag desecration would not eliminate or 
     restrict other avenues of expression or protest. Thoughtful 
     citizens do not equate providing protection for the flag with 
     the removal of freedom of speech any more than laws generally 
     provide acceptable limits of behavior for the common good; 
     now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to adopt and 
     submit to the states for ratification an amendment to the 
     United States Constitution to prohibit the desecration of the 
     American flag; 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.

                          ____________________