[Congressional Record (Bound Edition), Volume 150 (2004), Part 2]
[Senate]
[Pages 1337-1341]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-338. A memorial adopted by the Legislature of the State 
     of Florida relative to National Forest System lands 
     underlying the George Kirkpatrick Dam on the Oklawaha River 
     near Palatka, Florida, and related lands to the State of 
     Florida; to the Committee on Agriculture, Nutrition, and 
     Forestry.

                        House Memorial No. 1669

       Whereas, through the Water Resources Act of 1990, the 
     United States Congress deauthorized the Cross Florida Barge 
     Canal project located between the Gulf of Mexico and the 
     Atlantic Ocean, and
       Whereas, said act also transferred to the State of Florida 
     all lands and interest in lands acquired and facilities 
     completed for the project, and

[[Page 1338]]

       Whereas, the State of Florida has established and 
     maintained a greenway corridor which is open to the public 
     for compatible recreation and conservation activities, and
       Whereas, in order to continue these efforts it has become 
     necessary to consolidate and collect these lands: Now, 
     therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to provide for 
     the conveyance of the National Forest System lands underlying 
     the George Kirkpatrick Dam on the Oklawaha River near 
     Palatka, Florida, and the National Forest System lands lying 
     below the 21 feet National Geodetic Vertical Datum (NGVD) 
     underlying the Rodman Reservoir formed by such dam and 
     National Forest Service Tract #C-615 to the State of Florida; 
     and be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, the President of the United 
     States Senate, to the Speaker of the United States House of 
     Representatives, and to each member of the Florida delegation 
     to the United States Congress.
                                  ____

       POM-339. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Texas 
     relative to the enforcement of food import restrictions on 
     seafood imports; to the Committee on Agriculture, Nutrition, 
     and Forestry.

                  House Concurrent Resolution No. 103

       Whereas, imports of seafood from countries that use 
     substances in aquaculture such as chloramphenicol, 
     nitrofurans, and other veterinary drugs banned for such use 
     in the United States pose potential threats to United States 
     consumers; and
       Whereas, the State of Texas is concerned about the use of 
     certain antibiotics and other banned veterinary drugs in 
     shrimp imported from outside of the United States for 
     consumption in the State of Texas; chloramphenicol, a potent 
     antibiotic, can cause severe toxic effects in humans, 
     including hypoplastic anemia, which is usually irreversible 
     and fatal; and
       Whereas, because of such human health impacts, 
     chloramphenicol, nitrofurans, and similar veterinary drugs 
     are not approved for use in food-producing animals in the 
     United States; and
       Whereas, other countries, including Thailand, Vietnam, and 
     China, have been found to use these drugs in the aquaculture 
     of shrimp and other seafood; and
       Whereas, the United States imports over 400,000 metric tons 
     of shrimp annually, and Thailand, Vietnam, and China are the 
     largest, second largest, and fifth largest exporters of 
     shrimp to the United States, respectively; and
       Whereas, on detection of chloramphenicol in certain 
     shipments of seafood from China and other countries through 
     the use of testing protocols that can detect such substances 
     to 0.3 parts per billion, the European Union and Canada 
     severely restricted imports of shrimp and other food from 
     these countries in 2002; and
       Whereas, the federal Food and Drug Administration inspects 
     only two percent of all seafood imports into the United 
     States and uses a testing procedure that cannot detect the 
     presence of chloramphenicol below one part per billion; and
       Whereas, United States-based companies involved in the 
     importing and processing of shrimp are opposed to the use of 
     chloramphenicol and are working with the domestic shrimp 
     industry and the FDA to develop effective protocols to detect 
     banned antibiotics and to exclude all tainted products from 
     the United States market; and
       Whereas, although the federal Food and Drug Administration 
     tests of imported food did not detect chloramphenicol in 
     shrimp imported from China and other countries in 2002, 
     independent testing performed by or for Alabama, Florida, 
     Louisiana, Mississippi, and Texas detected chloramphenicol in 
     samples of imported shrimp from those countries at levels 
     harmful to human health; and
       Whereas, The denial of entry to the European Union and 
     Canada of contaminated shrimp and other products will likely 
     redirect those contaminated products to the United States: 
     Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby express concern about the presence of chloramphenicol, 
     nitrofurans, and other banned veterinary drugs in imported 
     shrimp, the potential adverse impact on the safety of the 
     food supply, and the resultant risk to importers and domestic 
     stakeholders to develop effective methods to detect and 
     exclude seafood imports containing chloramphenicol, 
     nitrofurans, and other banned veterinary drugs; and, be it 
     further
       Resolved, That the 78th Legislature of the State of Texas 
     hereby call for immediate and focused actions by the United 
     States government to improve the enforcement of food import 
     restrictions on seafood imports containing chloramphenicol, 
     nitrofurans, and other banned veterinary drugs in order to 
     ensure the safety of the food supply and to protect consumers 
     in the United States and, in particular, in Texas.
                                  ____

       POM-340. A memorial adopted by the Legislature of the State 
     of Florida relative to federal funding for a full accounting 
     of those missing from our nation's wars; to the Committee on 
     Armed Services.

                         House Memorial No. 209

       Whereas, the men and women of the United States Armed 
     Forces are trained and dedicated to protect the security of 
     our nation, and
       Whereas, these men and women have devoted themselves to the 
     task of protecting our lives and liberty as United States 
     citizens, and
       Whereas, all Americans derive inspiration from the 
     sacrifices endured by members of the armed services during 
     captivity as prisoners of war, and
       Whereas, the courage of the families of those members of 
     the Armed Services who remain missing or unaccounted for 
     continues to be a great source of inspiration and admiration 
     for all Americans, and
       Whereas, Americans recognize the special debt of gratitude 
     owed to those who have sacrificed their freedom in the 
     service of our country, and
       Whereas, as a reaffirmation of our commitment to the 
     courageous families of these military personnel, the State of 
     Florida pledges support to the Defense Prisoner of War/
     Missing Personnel Office within the Department of Defense, 
     which is the federal agency charged to deal with the POW/MIA 
     issue, and
       Whereas, the State of Florida hopes to ensure that those 
     who served and sacrificed for our nation are not forgotten 
     and left on faraway shores by urging the Congress to continue 
     their support of the Defense Prisoner of War/Missing 
     Personnel Office of the Department of Defense and its 
     activities: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to provide the 
     funds necessary for the Defense Prisoner of War/Missing 
     Personnel Office of the Department of Defense and other 
     Department of Defense agencies that play critical roles in 
     achieving the fullest possible accounting of POW/MIA's to 
     continue their work unimpeded from budgetary constraints or 
     reductions. Be it further
       Resolved, That the State of Florida, through the Florida 
     Department of Veterans' Affairs, will continue working with 
     the Defense Prisoner of War/Missing Personnel Office to 
     assist in the identification of unlocated family members of 
     any Florida resident classified as a United States POW/MIA, 
     thereby enabling the Defense Prisoner of War/Missing 
     Personnel Office to request that eligible family members 
     provide a blood sample to keep on file in the event it is 
     needed in the identification process. Be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-341. A memorial adopted by the Legislature of the State 
     of Florida urging Congress to take all actions necessary to 
     resolve the fate of Captain M. Scott Speicher; to the 
     Committee on Armed Services.

                         House Memorial No. 429

       Whereas, the Armed Forces of the United States fought 
     admirably, bravely, and successfully during Operation Desert 
     Storm, and
       Whereas, M. Scott Speicher, then a lieutenant commander and 
     now a captain in the United States Navy, flew a Navy FA-18 in 
     a bombing mission over Iraq on January 17, 1991, and
       Whereas, then-Lieutenant Commander Speicher failed to 
     return to his carrier following that mission and was 
     erroneously declared killed in action, and
       Whereas, since that time, intelligence has determined that 
     Captain Speicher ejected from his aircraft, and
       Whereas, in January 2001, in an unprecedented action, 
     Captain Speicher's designation was changed from ``Killed in 
     Action'' to ``Missing in Action,'' and
       Whereas, the former executive chairman of the United 
     Nations Special Commission, a renowned expert on Iraq, 
     testified before the United States Senate in July 2002 that 
     ``we should not give up'' on Captain Speicher, and
       Whereas, in October 2002, based upon intelligence 
     confirming that he had been taken captive by the Iraqi 
     government, Captain Speicher's designation was changed from 
     ``MIA'' to ``MIA-Captured,'' and further intelligence reports 
     make it clear that Iraq is in a position to resolve questions 
     regarding Captain Speicher's fate, and
       Whereas, this nation has pledged to the members of our 
     armed services that they will not be abandoned, and the State 
     of Florida renews that pledge to Captain Speicher: Now, 
     therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to take all 
     actions necessary to resolve the fate of Captain M. Scott 
     Speicher, United States Navy, MIA-Captured. Be it further
       Resolved, That copies of this memorial be dispatched to the 
     President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.

[[Page 1339]]

     
                                  ____
       POM-342. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the Fair 
     Credit Reporting Act; to the Committee on Banking, Housing, 
     and Urban Affairs.

                        Senate Resolution No. 183

        Whereas, while the advantages of technology have brought 
     consumers and businesses numerous benefits, our information 
     age has also greatly increased the threat of identity theft. 
     Although this issue is clearly not a new concern, the extent 
     to which people are vulnerable to this crime has multiplied 
     in recent years; and
        Whereas, in many ways, protections for consumers have not 
     kept pace. Public and private institutions have taken strong 
     actions to try to safeguard their customers, but identity 
     theft continues to increase. Identity theft is widely 
     acknowledged to be one of the country's fastest-growing types 
     of crime; and
        Whereas, in November 2001, the United States Supreme Court 
     rules that the two-year statute of limitations during which 
     an identity theft victim could take action against a credit 
     reporting agency under the Federal Fair Credit Reporting Act 
     is based on when the identity theft took place; and
        Whereas, given the unique nature of identity theft, which 
     can easily take place without the victim's knowledge and 
     which often takes a long time to unravel, the Fair Credit 
     Reporting Act needs to be amended. This legislation must 
     ensure that a victim of identity theft can take legal action 
     based on when the fraud is discovered. Clearly, the law 
     should not further penalize the victim of identity theft 
     crime: Now, therefore, be it
        Resolved by the Senate, That we memorialize the Congress 
     of the United States to amend the Fair Credit Reporting Act 
     to provide that the statute of limitations for an identity 
     theft suit is two years from the time the fraud was 
     discovered; 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-343. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to enacting 
     legislation to prohibit the use of a person's Social Security 
     number as an identification beyond its original purpose; to 
     the Committee on Banking, Housing, and Urban Affairs.

                       Senate Resolution No. 186

       Whereas, Social Security numbers are unique to each 
     individual and are invaluable for administering and policing 
     the safety net for millions of Americans who qualify for the 
     benefit programs administered by the Social Security 
     Administration. Over the decades since Social Security was 
     enacted, government agencies increasingly based their 
     personal records on the Social Security number. This number 
     began to assume the status of a virtual national 
     identification number; and
       Whereas, concerns over the proliferation of uses for the 
     Social Security number outside of the Social Security 
     Administration led to the enactment by Congress of the 
     Privacy Act in 1974. This act was intended to limit further 
     government use of the Social Security number. Nonetheless, 
     congressional actions in the following years allowed the use 
     of the Social Security number for additional non-Social 
     Security purposes; and
       Whereas, despite the federal Privacy Act, numerous 
     governmental and even private organizations use the unique 
     Social Security number as a basis for identifying 
     individuals. With so many public and private organizations 
     using a single identification number for an individual, it is 
     possible to gather enormous amounts of information about a 
     single person; and
       Whereas, the Internet has made this explosion of 
     information a danger to our people. Identity theft is now 
     easy. The enormous financial and personal damage that 
     identity theft inflicts on innocent people and the difficulty 
     of correcting that damage is well documented. Congress must 
     take stronger actions to prevent Social Security numbers from 
     being used as general personal identification numbers: Now, 
     therefore, be it
       Resolved by the Senate, That we memorialize the United 
     States Congress to enact legislation to prohibit the use of a 
     person's Social Security number as an identification number 
     beyond its original purpose; 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-344. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to enacting 
     legislation to provide greater protections against identity 
     theft; to the Committee on Banking, Housing, and Urban 
     Affairs.

                       Senate Resolution No. 182

       Whereas, identity theft has become a significant and 
     growing problem in twenty-first century America. The 
     advantages of instant communications and extensive records, 
     which are facilitated by the technology of the digital age, 
     have also brought misuses of these tools for criminal 
     purposes. With frightening speed and ease, an innocent person 
     can face great problems or even financial ruin through 
     identity theft; and
       Whereas, much stronger protections need to be created to 
     deal with identity theft. In addition to the steps of 
     increasing penalties and trying to prevent this crime from 
     occurring, there are legislative measures that should be 
     enacted to try to make sure that people who are victims of 
     this crime can recover with a minimum of time, cost, and 
     disruption to their lives; and
       Whereas, Michigan is taking numerous steps to fight 
     identity theft, but federal actions are clearly vital to the 
     ultimate success of this initiative. Specific measures that 
     should be enacted into federal law include restricting the 
     commercial use of Social Security numbers as identification 
     numbers and allowing consumers to freeze their credit reports 
     to minimize losses. Clearly, stronger protections against 
     identity theft are long overdue: Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation to provide greater 
     protections against identity theft. We urge that measures be 
     enacted to restrict the commercial use of Social Security 
     numbers as identification numbers and to allow consumers to 
     freeze their credit reports to minimize losses; 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-345. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to enacting legislation to provide Michigan a more 
     equitable share of federal transit funding and increased 
     funding for bus projects; to the Committee on Commerce, 
     Science, and Transportation.

                        House Resolution No. 135

       Whereas, the United States Congress reauthorizes 
     transportation expenditures every five years, and the current 
     authorizing legislation, TEA 21 (Transportation Efficiency 
     for the 21st Century), will expire with Fiscal Year 2002-
     2003; and
       Whereas, Federal public transportation funding is 
     appropriated by Congress as part of this appropriations 
     process; and
       Whereas, the state of Michigan historically receives no 
     greater than 45% to 50% of the tax dollars it sends to 
     Washington as part of the national transit trust fund; and
       Whereas, as part of TEA 21, states have been guaranteed a 
     minimum of 90% return of all tax dollars in the highway trust 
     fund; but no guarantee was granted to transit projects; and
       Whereas, currently, only 20% of federal discretionary 
     funding for transit projects may be allocated to bus or bus 
     facilities, while 65% of all public transportation ridership 
     is provided on buses in this country; and
       Whereas, SMART, the public transit provider in southeastern 
     Michigan, is working to secure increased federal 
     transportation funding and a more appropriate percentage of 
     discretionary funding for transit projects: Now, therefore, 
     be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact 
     legislation to provide Michigan a more equitable share of 
     federal transit funding and urge the Michigan congressional 
     delegation to support all measures that would guarantee that 
     a minimum of 90% of all transit trust funds be returned to 
     the state of origin. We also call on Congress to increase 
     funding for bus projects and urge that a minimum if 33% of 
     federal transit discretionary funds be allocated to bus and 
     bus facility projects; 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, November 5, 2003.
                                  ____

       POM-346. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to developing economic incentives and other programs 
     to aid in the recovery and stabilization of the manufacturing 
     industry in the United States; to the Committee on 
     Environment and Public Works.

                        House Resolution No. 165

        Whereas, historically, manufacturing has been a base 
     industry for the national economy, steadily comprising 
     approximately 17 percent of the Gross Domestic Product since 
     1947; and
        Whereas, the manufacturing industry has experienced a 
     rapid decline and economic losses over the last three years. 
     After a peak in July 2000 of 17.3 million people employed by 
     the manufacturing sector, employment declined by more than 
     2.7 million jobs over the next 38 consecutive months; and
        Whereas, lowered demand due to troubled economic 
     conditions, coupled with unfair foreign competition, has 
     greatly hindered the economic prosperity of the manufacturing 
     industry. There is substantial concern

[[Page 1340]]

     over the continuation of manufacturing in the United States 
     if the unfair trade practices of other nations on our 
     domestic market are not addressed; and
        Whereas, the restoration and revival of the manufacturing 
     sector are vital to the economic recovery of the United 
     States, as manufacturing has consistently led the economic 
     recovery from previous down-turns; and
        Whereas, maintaining a strong and vibrant manufacturing 
     industry is crucial to sustaining or enhancing our national 
     security. Recent bankruptcies and other losses in the 
     manufacturing industry could put the United States in the 
     unprecedented position where it must purchase defense 
     technology from other countries, as foreign companies 
     currently produce such items as a key guidance chip for smart 
     bombs. Most recently, a foreign company purchased a bankrupt 
     domestic manufacturer that retained the rights to the stealth 
     fighter technology; and
        Whereas, developing a package of economic incentives to 
     help foster additional growth in the manufacturing industry 
     and assist in keeping domestic manufacturers competitive with 
     their foreign counterparts will greatly benefit not only the 
     manufacturing industry, but will also provide great economic 
     benefits to Michigan and the entire country: Now, therefore, 
     be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to develop 
     economic incentives and other programs to aid in the recovery 
     and stabilization of the manufacturing industry in the United 
     States; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the United States Secretary of Commerce, 
     and the members of the Michigan congressional delegation.
                                  ____

       POM-347. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to accelerated 
     highway investments in any short-term economic stimulus 
     package; to the Committee on Environment and Public Works.

                       Senate Resolution No. 124

       Whereas, since the events of September 11, 2001, a much 
     sharper focus has been placed on ways to address America's 
     economic stimulus needs and generate American jobs; and
       Whereas, every $1 billion of increased investment in 
     highway infrastructure generates 42,000 jobs and $2.1 billion 
     in economic activity; and
       Whereas, the Michigan Department of Transportation, working 
     with their partners in the private sector, can provide an 
     immediate stimulus to the economy, while at the same time 
     addressing high priority infrastructure needs; and
       Whereas, the Congress of the United States should provide 
     $5 billion in obligation authority in fiscal year 2002 to the 
     state Department of Transportation, consistent with the 
     funding formulas included in the Transportation Equity Act 
     for the 21st Century (TEA-21); and
       Whereas, the Highway Account of the Highway Trust Fund 
     (HTF) has a sufficient balance to allow for this investment; 
     and
       Whereas, Michigan's share of this investment would be 
     $160.7 million; and
       Whereas, this investment would create 5,804 jobs in 
     Michigan; and
       Whereas, there are considerable needs across the state for 
     road and bridge improvement projects to warrant this 
     additional investment: Now, therefore, be it
       Resolved by the Senate, That the members of this 
     legislative body memorialize the Congress of the United 
     States to include accelerated highway investments in any 
     short-term economic stimulus package that is passed in 
     Washington, D.C.; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-348. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to enacting 
     Great Lakes environmental restoration legislation; to the 
     Committee on Environment and Public Works.

                       Senate Resolution No. 141

       Whereas, although the Great Lakes network is a cornerstone 
     of our nation's health and economic prosperity, many threats 
     jeopardize this fresh water treasure. The invasion of 
     nonnative species, pollution from numerous sources, damage to 
     wetlands, and many other forces have damaged the lakes. 
     Efforts to address these problems in the past have generally 
     sought to reduce the damage rather than offering an 
     opportunity to restore the lakes; and
       Whereas, the proposed Great Lakes Environmental Restoration 
     Act presently before the United States Senate holds great 
     promise to address long-term issues facing the Great Lakes. 
     This legislation would provide $6 billion over a ten-year 
     span--in addition to existing programs--for a wide range of 
     initiatives to restore the Great Lakes and put in place 
     mechanisms to ensure better coordination of efforts and 
     standards far into the future. Developing improved monitoring 
     indicators is a major part of the act, with requirements for 
     ongoing gathering and review of critical information; and
       Whereas, the Great Lakes Restoration Financing Act, a 
     similar House proposal, through $4 billion in funding over a 
     five-year period, would provide a greater coordination of 
     efforts through involvement by Great Lakes governors and 
     elected officials as well as key federal agencies. There 
     would also be an emphasis on implementing individual state 
     management plans; and
       Whereas, clearly, the Great Lakes network is one of the 
     world's greatest natural assets. Investing in its restoration 
     is paramount to the quality of the future we will share: Now, 
     therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact Great Lakes environmental 
     restoration act; 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-349. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to enacting legislation to give states the authority 
     to ban out-of-state solid waste; to the Committee on 
     Environment and Public Works.

                        House Resolution No. 85

        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 imported 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 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, accepting unlimited volumes of trash from 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 House of Representatives, 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 Representative, and the members of the 
     Michigan congressional delegation.
                                  ____

       POM-350. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Michigan relative to 
     regulations under the Clean Water Act; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 11

       Whereas, one of the most frustrating issues facing the 
     Great Lakes is the threat from nonindigenous species. 
     Invaders like the zebra mussle, the round goby, and the ruffe 
     damage the ecology of the Great Lakes and connecting 
     waterways in many ways. The impact of exotic species on 
     municipal water systems, fishing, and aquatic plant life 
     exacts a terrible toll on the nation's most important 
     freshwater resource; and
       Whereas, Michigan has exercised consistent leadership in 
     the effort to prevent the arrival of more nonnative species. 
     Out state has put incentives in place in an effort to curb 
     the release of untreated ballast water from the ships that 
     traverse the lakes, which is the primary source of these 
     foreign species. As a state that has suffered significantly 
     because of organisms released into the lakes through the 
     discharge of ballast water, Michigan has repeatedly called 
     for stronger steps to prevent this from happening; and
       Whereas, the effort to halt the introduction and spread of 
     nonindigenous species through ballast water discharges 
     continues to be frustrated by federal regulations under the 
     Clean Water Act. Although this key federal act requires 
     permits through the National Pollution Discharge Elimination 
     System for discharges, 40 C.F.R. Sec. 122.3(a) provides that 
     discharges from vessels that are incidental to normal 
     operations are exempt from the permit requirement. Although 
     efforts to repeal this exemption recently failed, removing 
     the exemption remains a vitally important step to take to 
     safeguard the Great Lakes: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorializing the Congress of the United 
     States and

[[Page 1341]]

     the Environmental Protection Agency to repeal 40 C.F.R. 
     Sec. 122.3(a), which provides for an exemption for ballast 
     water discharges from permit requirements under the federal 
     Clean Water Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Environmental Protection Agency, the United States Coast 
     Guard, 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-351. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Michigan relative to funding 
     the Great Lakes Legacy Act and to expediting cleanup efforts 
     in Michigan's designated Areas of Concern; to the Committee 
     on Environment and Public Works.

                  Senate Concurrent Resolution No. 13

       Whereas, the United States-Canada Great Lakes Water Quality 
     Agreement of 1972, as amended, provided for the designation 
     of Areas of Concern in need of remedial actions to address 
     documented pollution problems; and
       Whereas, fourteen Areas of Concern (AOC) have been 
     designated in Michigan under the Great Lakes Water Quality 
     Agreement, each with a Remedial Action Plan that coordinates 
     and focuses the efforts of multiple levels of government and 
     other stakeholders; and
       Whereas, substantial progress has been made in 
     characterizing the sources and causes of beneficial use 
     impairments, identifying necessary remediation activities, 
     and generating broad stakeholder involvement in and support 
     for the Remedial Action Plan process; and
       Whereas, substantial resources are needed to remediate 
     contaminated sediments, which are a persistent source of 
     toxic pollution to the Great Lakes from each AOC and 
     contribute to 11 of the 14 beneficial use impairments 
     identified in the Great Lakes Water Quality Agreement; and
       Whereas, Congress has enacted the Great Lakes Legacy Act, 
     authorizing $270 million for monitoring, assessing, and 
     cleaning up contaminated sediments in Great Lakes Areas of 
     Concern; and
       Whereas, substantial funds under the Clean Michigan 
     Initiative environment bond program remain earmarked for 
     cleanup efforts in Michigan's 14 Areas of Concern; and
       Whereas, the United States Environmental Protection Agency 
     is reorienting its programs to expedite progress in restoring 
     the Areas of Concern, has finalized guidelines for removing 
     communities from the list of toxic hot spots and has 
     committed to a new Great Lakes Strategy that calls for 
     completing restoration and ``delisting'' of 10 Areas of 
     Concern by 2010; and
       Whereas, the Senate Great Lakes Conservation Task Force has 
     called for a more aggressive state role in supporting Area of 
     Concern cleanup efforts and greater use of federal resources 
     toward this end: Now, therefore, but it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to fund the Great Lakes Legacy Act at its authorized 
     level of $54 million in Fiscal Year 2004; and be it further
       Resolved, That we urge the Department of Environmental 
     Quality, in collaboration with local advisory councils in the 
     Areas of Concern, to utilize funds remaining in the Clean 
     Michigan Initiative to leverage funding under the Great Lakes 
     Legacy Act to implement sediment cleanup projects in the 
     state's Areas of Concern; and be it further
       Resolved, That we urge the United States Environmental 
     Protection Agency and the Department of Environmental Quality 
     to monitor and report on progress in achieving cleanup goals 
     in the Areas of Concern, including the documentation needed 
     to remove the affected communities from the list of Areas of 
     Concern and to consult with and empower local advisory groups 
     established to represent the Area of Concern communities in 
     the development and implementation of cleanup plans; and be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the Administrator of the United States Environmental 
     Protection Agency, the EPA Region 5 office, the EPA Great 
     Lakes National Program Office, the International Joint 
     Commission, 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 
     director of the Michigan Department of Environmental Quality.

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