[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 20546-20548]
[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-247. A resolution adopted by the Senate of the General 
     Assembly of the State of Pennsylvania relative to prison 
     inmates; to the Committee on Finance.

                           Senate Resolution

       Whereas, studies have shown that approximately 80% of 
     prison inmates are affected by mental health/mental 
     retardation and drug and alcohol problems; and
       Whereas, studies have confirmed that 33% of all criminal 
     justice costs are related to substance abuse; and
       Whereas, data indicates that 40% of State prisoners will be 
     released in the next 12 months and studies demonstrate that 
     approximately 50% to 60% of inmates released from prison will 
     reengage in criminal activity; and
       Whereas, in 1999 approximately 3,773,600 American adults 
     were on probation and nearly 713,000 were on parole with 
     minimal substance abuse treatment; and
       Whereas, research has proven that rehabilitation programs 
     sharply reduce rates of recidivism, thereby ending a vicious 
     and socially destructive cycle of entry and exit from prison; 
     and
       Whereas, by providing funds to establish drug and alcohol 
     rehabilitation programs in State and county prisons, the 
     State will be able to reduce the judicial and operational 
     costs associated with repeat offenders and recidivism; and
       Whereas, current law prohibits the use of Federal Medicaid 
     funds for drug and alcohol rehabilitation programs in prisons 
     under 42 CFR Sec. 435.1009 (relating to definitions relating 
     to institutional status); and
       Whereas, current law also prohibits the use of federal 
     Medicaid funds for mental health and mental retardation 
     treatment programs in prisons under 42 CFR Sec. 435.1009 
     (relating to definitions relating to institutional status); 
     and
       Whereas, treatment should lead to a decrease in recidivism 
     among prisoners afflicted with mental health and mental 
     retardation problems: Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the President and Congress of the 
     United States to amend 42 CFR Sec. 435.1009 to permit the use 
     of Federal Medicaid funds for prison mental health and mental 
     retardation treatment programs and drug and alcohol 
     rehabilitation programs and thereby afford states throughout 
     the nation the ability to reduce recidivism and lower crime 
     through Prison-administered treatment and rehabilitation 
     programs; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President, the presiding officers of each house of 
     Congress and to each member of Congress from Pennsylvania.
                                  ____

       POM-248. A resolution adopted by the Commission of Wayne 
     County of the State of Michigan relative to tariff rate 
     quotas for dry milk protein; to the Committee on Finance.

                        Resolution No. 2003-283

       Whereas, the domestic dairy industry has been significantly 
     impacted in recent years by the rising use of dry milk 
     protein concentrates (MPCs) and is very concerned about the 
     effect that imported MPCs are having; the increasing use of 
     these key components in many dairy products and the fact that 
     regulations have clearly lagged behind technology are serious 
     threats to a key part of American agriculture; and
       Whereas, 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 and this is causing serious damage to the 
     domestic dairy industry; and
       Whereas, 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, further, farm groups strongly believe the dairy 
     protein blends are being incorrectly classified by the United 
     States Customs Service and this improper classification has 
     also created a trade loophole that encourages importers to 
     circumvent tariffs on certain dairy products which undermine 
     food safety standards and cause an

[[Page 20547]]

     economic hardship for American agriculture; and
       Whereas, Congress has introduced legislation to establish 
     tariff rate quotas for MPCs and with the enactment of 
     legislation to close this loophole American agriculture will 
     be able to compete 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
       Resolved, That the Wayne County Commission on this 5th day 
     of June, 2003 importunes 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 the Wayne County Commission urge the United 
     States Customs Service to work for greater enforcement of 
     food safety standards by reconsidering the classification of 
     dairy products, especially those containing milk protein 
     concentrates; 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 United States 
     Customs Service, the United States Food and Drug 
     Administration and the members of the Michigan Congressional 
     Delegation.
                                  ____

       POM-249. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Federal Medicare prescription 
     drug benefit plan; to the Committee on Finance.

                        House Resolution No. 317

       Whereas, the Commonwealth of Pennsylvania has been 
     providing pharmaceutical assistance coverage for low-income 
     senior citizens for almost 20 years; and
       Whereas, State Lottery Fund revenues and tobacco funds 
     support the Pharmaceutical Assistance Contract for the 
     Elderly (PACE) and the Pharmaceutical Assistance Contract for 
     the Elderly Needs Enhancement Tier (PACENET) programs; and
       Whereas, these programs have saved and will continue to 
     save millions of dollars in costs as a result of 
     hospitalization and nursing care facility 
     institutionalization for many individuals being prevented or 
     delayed because enrollees have been kept healthy with their 
     needed prescription medications; and
       Whereas, the Federal Government and pharmaceutical 
     companies have recognized the potential value of providing 
     pharmaceutical assistance coverage to low-income seniors; and
       Whereas, Pennsylvania's PACE and PACENET programs should be 
     recognized under any Federal Medicare prescription 
     legislation considered by the Congress of the United States; 
     and
       Whereas, Any Federal Medicare prescription plan should 
     permit Pennsylvania's PACE and PACENET programs to manage the 
     prescription benefits for PACE and PACENET enrollees; and
       Whereas, A Federal Medicare prescription plan that works in 
     cooperation with Pennsylvania's PACE and PACENET programs 
     would allow our State's senior citizens to continue using a 
     prescription program they trust while providing the State 
     programs with appropriate reimbursement; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge Congress to create a 
     Federal Medicare prescription drug benefit plan which works 
     seamlessly with Pennsylvania's PACE and PACENET programs; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each House of Congress and to each 
     Member of Congress from Pennsylvania.
                                  ____

       POM-250. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Veterans Health Care Funding 
     Guarantee Act of 2003; to the Committee on Finance.

                        House Resolution No. 312

       Whereas, funding for Department of Veterans Affairs (VA) 
     health care under the Federal budget is discretionary and it 
     is within the discretion of the Congress of the United States 
     to determine how much money is allocated each year for 
     veterans' medical care; and
       Whereas, Section 1710(a) of Title 38 of the United States 
     Code provides that the Secretary of Veterans Affairs 
     ``shall'' furnish hospital care and medical services, but 
     only to the extent Congress has provided money to cover the 
     costs of the care; and
       Whereas, the Disabled American Veterans (DAV) firmly 
     believes that service-connected disabled veterans have earned 
     the right to VA medical care through their extraordinary 
     sacrifices and services to this nation; and
       Whereas, the American Legion, AMVETS, Disabled American 
     Veterans, Veterans of Foreign Wars, Paralyzed Veterans and 
     other service organizations have fought for sufficient 
     funding for VA health care and a budget that reflects the 
     rising cost of health care and the increasing need for 
     medical services; and
       Whereas, the VA is unable to provide timely access to 
     quality health care to many of our nation's most severely 
     disabled service-connected veterans; and
       Whereas, making veterans health care funding mandatory 
     would ensure that the Federal Government meets its obligation 
     to provide health care to service-connected disabled veterans 
     and that all veterans eligible for the VA health care system 
     have access to timely, quality health care; and
       Whereas, making veterans health care funding mandatory 
     would eliminate the year-to-year uncertainty about funding 
     levels which has prevented the VA from being able to 
     adequately plan for and meet the growing needs of veterans 
     seeking treatment; and
       Whereas, including all veterans for care in the mandatory 
     health care funding proposal protects the overall viability 
     of the system and the specialized programs to the VA has 
     developed to improve the health and well-being of our 
     nation's service-connected disabled veterans: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge Congress to take all the 
     necessary steps to enact into law the Veterans Health Care 
     Funding Guarantee Act of 2003, and make veterans health care 
     mandatory to ensure that veterans have access to timely, 
     quality health care; and be it further
       Resolved, that copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-251. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the Federal Clean Air Act; to 
     the Committee on Environment and Public Works.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twentieth Legislature of the State of Maine now assembled in 
     the Second Regular Session, most respectfully present and 
     petition the President of the United States and Congress, as 
     follows:
       Whereas, Section 111 of the Federal Clean Air Act requires 
     the adoption of Federal standards, known as new source 
     review, reflecting the best available control technology for 
     facilities that cause or contribute significantly to air 
     pollution that may endanger public health and welfare; and
       Whereas, the United States Environmental Protection Agency 
     adopted such standards of performance for the construction or 
     modification of power plants; and
       Whereas, litigation against power plant owners for 
     violations of new source review is being actively pursued; 
     and
       Whereas, the current Federal administration is reportedly 
     considering modifications of the new source review program; 
     and
       Whereas, acid rain, which is damaging sensitive ecosystems, 
     has been attributed to emissions from coal-burning plants in 
     the Midwest and the Mid-Atlantic states and, to a lesser 
     extend, in New England; and
       Whereas, scientific research has established a well-defined 
     link between power plant air emissions and human health 
     effects, including exacerbation of symptoms for those with 
     asthma, increased risk of heart attacks for those with heart 
     disease and increased risk of lung cancer and premature 
     death: Now, therefore, be it
       Resolved, That We, your Memorialists, urge President George 
     W. Bush and the United States Environmental Protection Agency 
     Administrator Christie Whitman to maintain the existing 
     regulations on new source review; and be it further
       Resolved, That We, your Memorialists, urge Congress to take 
     appropriate action against any decision made by the United 
     States Environmental Protection Agency to modify the 
     regulations implementing Section 111 of the Federal Clean Air 
     Act if the result would be to jeopardize Maine's ability to 
     safeguard public health and protect environmental quality; 
     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, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, Administrator Christie Whitman and each 
     member of the Maine Congressional Delegation.
                                  ____

       POM-252. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     biological invasions by nonnative species; to the Committee 
     on Environment and Public Works.

                           Senate Resolution

       Whereas, biological invasions by nonnative species are a 
     national problem, pose significant threats to Pennsylvania's 
     ecosystems and economy, severely impact vital Commonwealth 
     interest, including agriculture, forestry, recreation and 
     tourism, and may be detrimental to public health and safety; 
     and
       Whereas, discharge of ballast water from ships is a primary 
     vector for introduction of nonnative species into 
     Commonwealth habitats; and
       Whereas, Pennsylvania's watershed basins for the Great 
     Lakes, the Delaware, Susquehanna, Ohio and Potomac rivers and 
     other

[[Page 20548]]

     pathways of commerce and recreation have a major role in 
     introducing nonnative species; and
       Whereas, Pennsylvania's natural resources provide 
     exceptional quality of life and economic prosperity to the 
     citizens of this Commonwealth; and
       Whereas, Great Lakes and Chesapeake Bay intergovernmental 
     task forces have recommended actions to prevent and control 
     biological invasions; and
       Whereas, Section 27 of Article I of the Constitution of 
     Pennsylvania establishes the Commonwealth as trustee of 
     Pennsylvania's public natural resources: Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress of the United states to 
     enact legislation that would coordinate Federal and regional 
     actions to prevent and control biological pollution, 
     particularly through management of ballast water discharges, 
     elimination of unintentional introductions of nonnative 
     invasive species and reduction of the dispersal of nonnative 
     species within Pennsylvania's ecosystems through the 
     development of timely, effective, scientifically based, 
     environmentally sound and economically viable management 
     programs; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-253. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to increased security measures for 
     the United States Postal Service; to the Committee on 
     Governmental Affairs.

                        House Resolution No. 318

       Whereas, identification fraud is becoming one of the 
     fastest-growing crimes in the United States; and
       Whereas, identification fraud will cost financial companies 
     $4.2 billion this year and $8 billion by 2006 according to 
     the market research firm Financial Insights; and
       Whereas, more than 750,000 Americans were affected by 
     identification fraud in 2001; and
       Whereas, identification fraud increased by 23% from 2000 to 
     2001; and
       Whereas, identification fraud through the use of change of 
     address forms is a common trend in crimes of identification 
     fraud; and
       Whereas, identification fraud security measures taken by 
     the United States Postal Service would significantly decrease 
     the probability of ordinary citizens becoming victims of 
     identification fraud; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize Congress to enact 
     legislation requiring the United States Postal Service to 
     adopt increased security to ensure that change of address 
     forms are not used in the commission of identification fraud; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each House of Congress and to each 
     Member of Congress from Pennsylvania.
                                  ____

       POM--254. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Carl L. Perkins Vocational 
     and Technical Education Act; to the Committee on Health, 
     Education, Labor, and Pensions.
       Whereas, the Carl D. Perkins Vocational and Technical 
     Education Act is scheduled for reauthorization this year; and
       Whereas, in fiscal year 2002, the Commonwealth of 
     Pennsylvania received nearly $52 million for its allocation 
     under the Perkins Act; and
       Whereas, Perkins Act moneys were used to provide 
     Pennsylvania career and technical education students, 
     including those with special needs, with high-quality career 
     and technical education programs at the secondary, adult and 
     postsecondary levels; and
       Whereas, under the current Perkins Act, Pennsylvania 
     students have demonstrated increased levels of technical 
     skills attainment and increased advanced academic course 
     completion; and
       Whereas, Pennsylvania employers depend on career and 
     technical education graduates to meet their need for a 
     skilled work force; and
       Whereas, The funding distribution formula in the current 
     Perkins Act provides equitable distribution of funds to 
     rural, suburban and urban schools; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge Congress to reauthorize the 
     Carl D. Perkins Vocational and Technical Education Act, 
     maintaining its current focus on preparing career and 
     technical education students for the work force and continued 
     education and maintaining its method of funds allocation; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the Pennsylvania Congressional Delegation.

                          ____________________