[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 29383-29385]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

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

       POM-315. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to danger pay and family separation allowances for 
     members of the military in combat zones; to the Committee on 
     Armed Services.

                        House Resolution No. 130

       Whereas, at this moment, our troops serving in harm's way 
     are facing some of the most trying situations; and
       Whereas, with the end of the fiscal year on September 30, 
     supplemental pay increases approved for serving in combat 
     zones expire without action by Congress to extend this as 
     part of defense appropriations. Rates of imminent danger pay 
     and family separation allowances had been raised by $75 and 
     $150 respectively, effective October 2002. Rates for imminent 
     danger pay and family separation allowances are scheduled to 
     return to the prior levels on October 1, 2003; and
       Whereas, the effects of a pay reduction on the brave men 
     and women representing us in the war on terror and their 
     families could be demoralizing. Forcing added sacrifices, 
     especially on the families at home, is inappropriate: Now, 
     therefore, be it
       Resolved by the house of representatives, That we 
     memorialize the Congress of the United states to maintain the 
     current imminent danger pay and family separation allowances 
     for members of the military in combat zones; 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-316. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to the New Jersey National 
     Guard; to the Committee on Armed Services.

                      Assembly Resolution No. 254

       Whereas, the Department of Military and Veterans' Affairs 
     supports Homeland Security in this State by preparing the New 
     Jersey National Guard and providing specialized teams and 
     training to emergency first responders; and
       Whereas, there are more than 1,700 New Jersey National 
     Guard troops on State and federal active duty involved in 
     Homeland Security and Homeland Defense missions; and
       Whereas, the New Jersey Army National Guard provides 
     mobilized combat ready military units for deployment in State 
     and national activations; and
       Whereas, the New Jersey Army National Guard provides 
     combat-ready airmen, aircraft and equipment for world wide 
     deployment in support of United States Air Force objectives; 
     and
       Whereas, the department is responsible for training and 
     equipping domestic emergency response teams in support of New 
     Jersey's Homeland Security program; and
       Whereas, the federal government has failed to establish a 
     Civil Support Team in this State; and
       Whereas, the United States Congress is responsible for 
     appropriating funds to the New Jersey National Guard for the 
     procurement of critical resources to be deployed in the 
     effective execution of all assigned missions; and
       Whereas, it is necessary to provide critical funding and 
     equipment to the New Jersey National Guard: Now, therefore, 
     be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House calls upon the United States Congress to 
     provide funding and equipment to the New Jersey National 
     Guard to support the Guard in the execution of all assigned 
     missions.
       2. This House urges the United States Congress to 
     appropriate sufficient funds to the New Jersey Army National 
     Guard to procure 464 High Mobility Multi-Purpose Vehicles to 
     meet its authorized strength; continue the replacement of its 
     helicopter fleet with UH-60 Black Hawk Helicopters; 
     accelerate the procurement of AH-64 Apache Helicopters; 
     replace the M113 Armored Personnel Carrier with Bradley 
     Fighting Vehicles, and provide the armor division with 
     deployable M1A1 tanks.
       3. This House requests the United States Congress to 
     appropriate sufficient funds to the New Jersey Air National 
     Guard for the procurement of new Block 50/52/plus aircraft 
     and for the upgrading of KC-135E refueling airframes.
       4. This House further calls upon the United States Congress 
     to establish and fully fund a Civil Support team in the State 
     of New Jersey and to provide more and better protective 
     clothing for team members and body armor for counter 
     terrorism missions and to appropriate capital construction 
     funds for critical military construction projects, including 
     the construction of a dedicated site for the arming and 
     dearming of F-16 aircraft at the Atlantic City Air Base, the 
     construction of the Consolidated Logistics and Training 
     Facility at the Lakehurst Naval Engineering Station; and 
     security enhancements at the McGuire Air Force Base.
       5. Duty authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the Vice President of the 
     United States, the Speaker of the United States House of 
     Representatives, and to every member of Congress elected from 
     this State.
                                  ____

       POM-317. A resolution adopted by the General Assembly of 
     the State of New Jersey relative to differential salary 
     reimbursement for activated Reserve and National Guard 
     members; to the Committee on Armed Services.

                      Assembly Resolution No. 283

       Whereas, since September 11, 2001, tens of thousands of 
     National Guard and Reserve members have been activated in the 
     war against terrorism and in the conflict with Iraq; and
       Whereas, to alleviate financial hardship for their 
     activated employees, many states, counties and municipalities 
     have generously opted to pay activated Reserve and National 
     Guard members the difference between their regular salary and 
     their military pay; and
       Whereas, however, in these difficult economic times, many 
     states, counties and municipalities are themselves suffering 
     substantial budget deficits; and
       Whereas, such a differential pay policy is helpful in 
     recruiting and retaining Reserve and National Guard members; 
     and
       Whereas, given the crucial role Reserve and National Guard 
     forces play in this nation's security, it is incumbent upon 
     the federal government to assist state and local government 
     employers in their efforts to alleviate hardship on these 
     soldiers, sailors and aviators when they are activated: Now, 
     therefore be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. This House calls upon the President and Congress of the 
     United States to pass and enact legislation reimbursing 
     state, county and municipal governments for differential 
     salary payments made to members of Reserve and National Guard 
     units activated in response to the September 11, 2001 
     terrorist attacks and the Iraq conflict.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the United

[[Page 29384]]

     States House of Representatives and every member of Congress 
     elected from this State.
                                  ____

       POM 318. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the age for receipt of military 
     retired pay for nonregular service; to the Committee on Armed 
     Services.

                        House Resolution No. 271

       Whereas, H.R. 742 has been introduced by Representative Jim 
     Saxton to reduce the age for receipt of military retired pay 
     for nonregular service from 60 to 55; and
       Whereas, more and more military readiness and service are 
     being contributed by Guard and Reserve service personnel, 
     vis-a-vis Persian Gulf, Kosovo, Afghanistan and Iraq; and
       Whereas, equity would indicate that Guard and Reserve 
     service personnel should be treated fairly regarding their 
     benefits and retirement pay; and
       Whereas, the current law which withholds retirement pay 
     until age 60 does not provide fair and actuarially realistic 
     treatment: Now, therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress to pass 
     H.R. 742; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-319. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to traffic 
     stoppages at railroad crossings; to the Committee on 
     Commerce, Science, and Transportation.

                       Senate Resolution No. 134

       Whereas, local communities have long tried to address the 
     issue of minimizing traffic stoppages caused by trains 
     traveling within their municipal borders. Slow trains moving 
     through a community bring traffic to a standstill. Even 
     worse, trains may sometimes stop completely, bringing an 
     entire city to a halt and backing up road traffic for blocks 
     in all directions. Commuters, shoppers, and even emergency 
     vehicles can be trapped on the one side of a railroad track, 
     unable to reach the other side for long periods of time; and
       Whereas, the State Legislature provided local governments 
     with the means to regulate the length of time that trains may 
     permissibly halt vehicle traffic. The authority to levy fines 
     on train companies that block traffic for too long held the 
     promise of compelling railroad companies to work with local 
     governments to minimize the disruption to lives and commerce 
     that had become routine. Unfortunately, the courts have 
     struck down this state law, arguing that only the federal 
     government may regulate the speed and length of trains 
     operating in the interstate commerce; and
       Whereas, with local and state options to resolve this local 
     problem foreclosed, it is imperative that the United States 
     Congress exercise its authority to compel a reasonable 
     solution at the federal level. Without Congressional 
     attention, railroad companies will continue to ignore the 
     concerns of local governments, businesses, and citizens who 
     must cope with unreasonable traffic stoppages: Now, therefore 
     be it
       Resolved by the senate,  That we memorialize the United 
     States Congress to address the issue of traffic stoppages at 
     railroad crossings; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the United States Senate Majority 
     Leader, the Speaker of the United States House of 
     Representatives, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-320. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to providing financial assistance to 
     commercial airline companies; to the Committee on Commerce, 
     Science, and Transportation.

                        House Resolution No. 331

       Whereas, airline companies of this nation were required by 
     the Federal Government to suspend operations for four days, 
     September 11 through 14, 2001, for reasons of national 
     security; and
       Whereas, the aggregate estimates of daily lost revenues 
     suffered by these companies during that four-day period range 
     from $250 million to $500 million; and
       Whereas, in the days since flights have been able to 
     resume, cancellation of reservations has ranged between 20% 
     and 40%, resulting in additional lost revenues to these 
     companies, canceled flights and huge layoffs estimated at 
     more than 100,000 employees; and
       Whereas, US Airways, a major airline company in the 
     Commonwealth of Pennsylvania, has announced that layoffs of 
     approximately 20,000 of its employees have become necessary; 
     and
       Whereas, in the Pittsburgh region alone approximately 
     11,700 residents are employees of US Airways; and
       Whereas, financially necessitated layoffs of airline 
     employees in the numbers projected will have a profound 
     impact on the national and State economies and on national 
     security and should be prevented; and
       Whereas, the health of the airline industry impacts so 
     directly on our economic health and our national security 
     that Federal and State financial assistance is desirable and 
     imperative: Now, therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to pass and the President of the United States 
     to enact legislation to provide the necessary financial 
     resources to commercial airline companies headquartered in 
     the United States and their employees and traded on a 
     national stock exchange; and be it further
       Resolved, That this Legislature and our Governor likewise 
     promptly pass and enact a financial package to provide 
     assistance to those national airline companies who do 
     business in the Commonwealth; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to members of the 
     Pennsylvania delegation of Congress, to the Governor of 
     Pennsylvania and to the President pro tempore of the Senate 
     of Pennsylvania.
                                  ____

       POM-321. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to funding for 
     home heating assistance; to the Committee on Energy and 
     Natural Resources.

                       Senate Resolution No. 162

       Whereas, for a variety of reasons, natural gas prices have 
     risen significantly over the past year. These reasons include 
     increasing demand for natural gas and declining production in 
     both the United States and Canada. While this increase in 
     cost has already exacted a toll in many areas of our national 
     economy, the full impact has yet to be felt. This winter, 
     when seasonal demand reaches its peak, costs are expected to 
     strike a terrible blow to people who have had difficulties 
     paying their home heating bills even before the recent 
     increase in prices; and
       Whereas, for many years, utilities and their customers have 
     supplemented governmental programs through various heating 
     assistance initiatives. However, public and private programs 
     offering help to low-income families trying to heat their 
     residences are already stretched thin. This winter's 
     situation is expected to bring a crisis to many people, 
     including the low-income seniors who will almost surely face 
     difficult choices; and
       Whereas, with summer prices of natural gas at near record 
     highs, Michigan's Public Service Commission has warned that 
     homeowners could expect increases of $30 a month or more if 
     the winter is severely cold. Gas companies in Michigan and 
     across the country are urging their customers to take steps 
     to prepare for the winter's costs, including weatherization 
     and budgeting. Another key part of dealing with this problem 
     will be for Congress to significantly increase funding 
     available to help state programs for low-income residents; 
     and
       Whereas, there are discussions under way in Congress over 
     proposals to address this issue, including increasing the 
     authorization funding level for the Low-Income Home Energy 
     Assistance Program to at least $3 billion. Clearly, such 
     actions to bring home heating help are in order: Now, 
     therefore, be it
       Resolved by the senate, That we memorialize the President 
     and the Congress of the United States to increase funding 
     available for home heating assistance to cope with the rise 
     in natural gas costs expected this winter; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Office of President of the United States, 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-322. A resolution adopted by the Board of Commissioners 
     of Ferry County of the State of Washington relative to 
     federal lands in Ferry County, Washington; to the Committee 
     on Energy and Natural Resources.
       POM-323. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to out-of-state 
     solid waste; to the Committee on Environment and Public 
     Works.

                        Senate Resolution No. 4

       Whereas, in 1992, the United States Supreme Court, in Fort 
     Gratiot Sanitary Landfill v. Michigan Department of Natural 
     Resources, ruled that states could not regulate or ban the 
     importation of solid waste because only Congress has the 
     authority to regulate interstate commerce. Since that time, 
     Michigan has become the dumping ground for increasing amounts 
     of solid waste from outside of our state and, with large 
     amounts of trash from Canada, from outside the country; and
       Whereas, Michigan has become one of the largest recipients 
     of improved solid waste in the country. Approximately 15 
     percent of all trash dumped in landfills in Michigan now 
     originates elsewhere. The amounts have increased 
     significantly in the past several

[[Page 29385]]

     years, and recent reports of a major contract with Ontario 
     and of the closing of the nation's largest landfill in New 
     York seem to indicate this situation will only become a 
     bigger issue in the future; and
       Whereas, several measures have been considered in Congress 
     to address the issue of extending authority to states to 
     regulate or ban out-of-state solid waste, including H.R. 
     1730; and
       Whereas, accepting unlimited volumes of trash outside our 
     state is a serious long-term commitment. Long after the money 
     from the contract has been spent, there is a threat to the 
     environment and an obligation to monitor sites to protect 
     water and health. Clearly, any state accepting these long-
     term risks should be able to regulate what comes across state 
     lines for disposal: Now, therefore, be it
       Resolved by the senate, That we memorialize the Congress of 
     the United States to enact legislation to give states the 
     authority to ban out-of-state solid waste; 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 324. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to foreign 
     municipal solid waste; to the Committee on Environment and 
     Public Works.

                        Senate Resolution No. 12

       Whereas, Michigan has long been frustrated in efforts to 
     regulate solid waste imported into our state. Our state is 
     especially concerned about waste that is brought here from 
     Ontario. Our citizens feel strongly that our environment 
     should not be placed at additional risk from municipal solid 
     waste and other materials that are generated elsewhere and 
     transported here for disposal; and
       Whereas, the volume of waste that comes into Michigan each 
     year represents a significant portion of all trash handled 
     here. As much as 20 percent of all solid waste in Michigan is 
     from out of state, and the amount has increased significantly 
     in recent years; and
       Whereas, Congress has authority for regulating the 
     transportation and disposal of solid waste between states and 
     nations by virtue of the United States Constitution's 
     interstate commerce clause. To protect the health, safety, 
     and welfare of our environment and citizens, Congress must 
     take action to provide states with the express means to 
     regulate or prohibit the importation of trash. Congress has 
     before it now a bill that would provide the appropriate 
     authority to the states. Under H.R. 382, which has been 
     introduced by Michigan's Congressman Rogers, states could 
     prohibit or impose certain limitations on the receipt of 
     foreign municipal solid waste; and
       Whereas, Congress is also considering H.R. 411, which would 
     direct the Administrator of the EPA to carry out duties under 
     the agreement with Canada on the transboundary movement of 
     hazardous waste; and
       Whereas, hazardous waste and solid waste transported 
     between Canada and the United States are provided for in the 
     Agreement Between the Government of Canada and the Government 
     of the United States Concerning the Transboundary Movement of 
     Hazardous Waste. It has been reported, however, that the 
     notification requirements and procedures set forth in the 
     agreement have not been followed. It is most disturbing to 
     think that the protections provided in the agreement between 
     our nations are not working. The people of this state have 
     every right to know that all prudent measures are being 
     enforced to protect our citizens and environment: Now, 
     therefore, be it
       Resolved by the senate, That we memorialize the Congress of 
     the United States to enact legislation to authorize states to 
     prohibit or restrict foreign municipal solid waste and to 
     urge the Environmental Protection Agency to ensure full 
     compliance with the Agreement Between the Government of 
     Canada and the Government of the United States Concerning the 
     Transboundary Movement of Hazardous Waste; 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 Environmental 
     Protection Agency.
                                  ____

       POM-325. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to solid waste 
     management decisions; to the Committee on Environment and 
     Public Works.

                       Senate Resolution No. 167

       Whereas, landfills and incinerators pose a variety of 
     environmental risks to Michigan residents and our neighbors, 
     from a potential to contaminate groundwater aquifers to the 
     release of a variety of air pollutants; and
       Whereas, certain items, such as used oil and batteries, 
     increase significant health and safety risks if placed in 
     disposal facilities; and
       Whereas, banning recyclable or compostable items from our 
     disposal facilities protects public health and the 
     environment by prolonging the life of a landfill and 
     minimizes the need for additional landfills, saving land 
     resources and the other inherent risks of solid waste 
     disposal facilities; and
       Whereas, the reuse of recyclable materials reduces energy 
     use and related negative impacts on our natural resources; 
     and
       Whereas, the reuse of recyclable materials reduces the 
     demand for virgin materials. In some cases, the mining, 
     collection, and processing of virgin materials can lead to 
     degradation of our natural resources; and
       Whereas, Michigan's recycling rates are significantly below 
     average when compared to the region or national averages; and
       Whereas, Michigan residents have chosen to spend 
     considerable time and resources on diverting certain waste 
     streams from solid waste disposal facilities such as beverage 
     containers, yard waste, used oil, and scrap tires; and
       Whereas, efforts to encourage people to recycle are 
     undermined when residents do not see a link between their 
     efforts to recycle materials and the extension of the usable 
     life of area disposal facilities; and
       Whereas, solid waste management is most effective when done 
     on a local level where program implementation is conducted: 
     Now, therefore, be it
       Resolved by the senate, That is the sense of this 
     legislative body that local units of governments need to be 
     empowered to have greater control over solid waste management 
     decisions; that the county level is the optimal planning unit 
     of government due to the multi-jurisdictional nature of solid 
     waste disposal facilities; that the state of Michigan should 
     play a larger role in ensuring that products that Michigan 
     residents have decided to divert from solid waste disposal 
     facilities are not allowed in our facilities from other 
     jurisdictions; and that the state of Michigan should support 
     local units of governments in their efforts to provide 
     alternative disposal mechanisms for those items banned from 
     our solid waste disposal facilities; and be it further
       Resolved, That we memorialize the Congress of the United 
     States to enact legislation to extend to the states more 
     authority for the management of solid waste; 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.

                          ____________________