[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 3717-3721]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-365. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the National Defense 
     Authorization Act; to the Committee on Armed Services.

                        House Resolution No. 520

       Whereas, the United States Department of Defense reports 
     that 37,000 legal permanent residents are now serving in the 
     armed forces, with an additional 13,000 legal permanent 
     residents serving in reserve units; and
       Whereas, of the 3,000 legal permanent residents who have 
     served in United States military operations in Iraq, 14 have 
     lost their lives in the line of duty; and
       Whereas, the Congress of the United States, in recently 
     passing the National Defense Authorization Act for Fiscal 
     Year 2004, has extended immigration benefits, including 
     citizenship and family protections, to noncitizens serving in 
     the United States military; and
       Whereas, this legislation provides for expedited 
     naturalization of lawful permanent residents engaged in 
     active duty and certain reserve service in peacetime, times 
     of war and during hostile military operations and for 
     expedited posthumous citizenship in certain cases; and
       Whereas, this legislation further grants or preserves the 
     lawful permanent residence of noncitizen surviving spouses, 
     unmarried children and parents of citizen and noncitizen 
     United States service members killed in the line of duty: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania express support for the National 
     Defense Authorization Act for Fiscal Year 2004 (H.R. 1588) 
     and the protections it confers on certain noncitizen military 
     personnel; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-366. A joint memorial adopted by the Legislature of the 
     State of Washington relative to the Renewable Energy 
     Production Incentive program; to the Committee on Energy and 
     Natural Resources.

                       Senate Joint Memorial 8031

       Whereas, the United States Congress established the 
     Renewable Energy Production Incentive (REPI) program in the 
     Energy Policy Act of 1992 to provide direct payments to not-
     for-profit utilities for energy produced by new renewable 
     energy projects; and
       Whereas, REPI is the counterpart to the program authorized 
     in the same act which grants private utilities a federal tax 
     credit for energy produced by new renewable energy projects; 
     and
       Whereas, REPI has proved to be a valuable and needed 
     program to encourage public power systems and rural electric 
     cooperatives to pursue development of renewable technologies; 
     and
       Whereas, authorization for the current REPI program expires 
     in 2003 and must be renewed by Congress to continue to assist 
     not-for-profit utilities in the development of cost-effective 
     renewable resources and to provide a measure of parity with 
     the incentives provided to private power companies; and
       Whereas, the effectiveness and vitality of the REPI program 
     also depend on congressional support for annual 
     appropriations to

[[Page 3718]]

     provide more certainty to utilities considering development 
     of renewable energy projects; and
       Whereas, reauthorization and an increase in federal funding 
     for REPI could also benefit the Northwest by encouraging 
     development of energy resources that provide significant 
     environmental benefits; and
       Whereas, the volatility in the western electricity market 
     in 1999 and 2000 also demonstrated the need for the Northwest 
     to develop additional generating resources and to broaden the 
     diversity of its resource portfolio and REPI could play an 
     important role in meeting those regional goals; and
       Whereas, in calendar year 2001 not-for-profit utilities 
     applied for almost $30 million in incentive payments from the 
     REPI program, but less than $4 million was made available to 
     provide incentives for these renewable energy projects;
       Now therefore, your Memorialists respectfully urge the 
     Northwest congressional delegation, the United States 
     Congress, and the Bush Administration to:
       (1) Reauthorize REPI for an additional ten years, with such 
     modifications as are needed to provide greater certainty of 
     payment and, therefore, greater incentives to qualified 
     renewable energy projects; and
       (2) Provide a level of funding for REPI that will maximize 
     the potential for development of new renewable resources by 
     not-for-profit utilities.
       Be it resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-367. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the recovery 
     and stabilization of the manufacturing industry in the United 
     States; to the Committee on Energy and Natural Resources.

                       Senate Resolution No. 190

       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 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 sleath 
     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, be it 
     therefore
       Resolved by the Senate, 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-368. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Abandoned Mine Reclamation 
     Fund; to the Committee on Energy and Natural Resources.

                        House Resolution No. 510

       Whereas, the Abandoned Mine Reclamation Fund is scheduled 
     to expire in September 2004; and
       Whereas, the Abandoned Mine Reclamation Fund has been 
     instrumental in providing the resources to help states 
     reclaim and restore abandoned mine lands; and
       Whereas, the Commonwealth of Pennsylvania receives 
     approximately $25 million annually to clean up these areas 
     and to help restore the quality of our waterways that have 
     been impaired by acid mine drainage; and
       Whereas, the Commonwealth of Pennsylvania has more than 
     5,000 abandoned mine sites encompassing more than 189,000 
     acres; and
       Whereas, continuation of the Abandoned Mine Reclamation 
     Fund is critical to Pennsylvania's efforts to improve these 
     lands and the surrounding water quality: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President and Congress 
     of the United States to enact legislation reenacting the 
     Abandoned Mine Reclamation Fund; and be it further
       Resolved, That the reenacted legislation would base funding 
     on historical coal production rather than upon current coal 
     production; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-369. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     steel tariffs; to the Committee on Finance.

                       Senate Resolution No. 163

       Whereas, a vibrant and thriving steel industry is a 
     critical segment of the manufacturing industry for the 
     Commonwealth of Pennsylvania and the entire nation, as well 
     as a key component of our national defense; and
       Whereas, approximately 47% of the nation's steelworkers are 
     employed in the Commonwealth of Pennsylvania and the states 
     of Ohio and Indiana; and
       Whereas, more than nine out of ten steelworkers are 
     employed at establishments with 50 or more employees; and
       Whereas, as of 2000, 40.3% of steelworkers were covered by 
     union contracts; and
       Whereas, employment in the steel industry is expected to 
     decline by approximately 22% from 2000 through 2010; and
       Whereas, employment levels will be influenced greatly by 
     the ability of United States steel producers to compete with 
     imports from foreign countries; and
       Whereas, between 1997 and 2002, proliferation of illegally 
     dumped foreign steel in the United States economy has 
     resulted in approximately 35 steel companies filing for 
     bankruptcy and the loss of 54,000 industry jobs; and
       Whereas, in June 2001, as a result of the crisis in the 
     domestic steel industry, the Federal Government and the Bush 
     Administration initiated a trade investigation under section 
     201 of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. 
     Sec. 2101 et seq.), a safeguard clause that allows a domestic 
     industry injured by unfair trade practices to seek relief 
     through the International Trade Commission; and
       Whereas, in March 2002, in response to a report by the 
     International Trade Commission that the American steel 
     industry had suffered serious injury based on the surge of 
     steel imports, the Bush Administration imposed three years of 
     declining tariffs ranging from 8% to 30% on imports of 13 
     finished steel products and a three-year increasing tariff 
     rate quota on certain imports; and
       Whereas, the Section 201 steel programs tariffs will 
     decline each year until they expire on March 6, 2005; and
       Whereas, based on the Section 201 tariffs, the American 
     steel industry is experiencing its most significant 
     restructuring in decades and has been able to begin a process 
     of consolidation and reorganization; and
       Whereas, steel prices are stabilizing, layoffs and 
     bankruptcy filings are slowing, prices are recovering, 
     domestic mills are increasing production and inventories are 
     healthy; and
       Whereas, the actions taken by the American steel industry 
     as a result of the Section 201 tariffs will inure to the 
     long-term benefit of American steel-using industries, the 
     United States economy and the Pennsylvania economy; and
       Whereas, Section 201 tariffs imposed must undergo a review 
     process at the midpoint of their duration; and
       Whereas, the midterm review of the tariffs is designed to 
     help assess the effect of the tariffs and decide whether to 
     extend them for the full three-year term; and
       Whereas, President Bush will determine whether the Section 
     201 tariffs should remain in effect; and
       Whereas, the United States International Trade Commission 
     Report of September 19, 2003, which analyzed the preliminary 
     effects of the tariffs noted that, since the imposition of 
     the tariffs, industries producing steel products have 
     undergone major reconstruction and expansion and the assets 
     of several bankrupt steel producers have been acquired by 
     other firms; and
       Whereas, since the imposition of the tariffs, steel 
     producers and the United Steelworkers of America, the 
     principal union representing steelworkers in the United 
     States, have negotiated groundbreaking collective bargaining 
     agreements and adopted principles designed to reduce fixed 
     costs, improve productivity and protect retiree welfare; and

[[Page 3719]]

       Whereas, according to the report, approximately one-half of 
     the steel-consuming firms surveyed shifted some of their 
     purchases to domestically produced steel after the imposition 
     of the tariffs; and
       Whereas, according to the report, almost two-thirds of the 
     responding steel-consuming firms reported that they or other 
     firms did not relocate or shift production to foreign plants 
     or facilities after tariff implementation; and
       Whereas, it is evident from the report that the Section 201 
     tariffs are contributing greatly to the revitalization of the 
     steel-producing industries in the Commonwealth of 
     Pennsylvania and the nation; and
       Whereas, on three separate occasions prior to the release 
     of the International Trade Commission's report, both Houses 
     of the Pennsylvania General Assembly passed resolutions 
     urging the President to maintain the Section 201 steel 
     tariffs for the full three-year term; and
       Whereas, the International Trade Commission's report 
     reveals that the Pennsylvania General Assembly's earlier 
     support for continuing the Section 201 steel tariffs was 
     justified, prudent and in the best interests of the steel-
     producing industry in the Commonwealth of Pennsylvania: 
     Therefore be it
       Resolved, That based on the International Trade 
     Commission's report, the Senate of the Commonwealth of 
     Pennsylvania reaffirm its support for continuing the Section 
     201 steel tariffs until March 6, 2005, as the tariffs have 
     been instrumental in reshaping and reinvigorating the steel-
     producing industries in the Commonwealth of Pennsylvania and 
     the nation; and be it further
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania strongly urge the President and Congress of the 
     United States to continue to support the revitalization of 
     the American steel industry for the benefit of the citizens 
     of this nation and for the benefit of the national economy; 
     and be it further
       Resolved, That a copy of this resolution be submitted to 
     the President of the United States, to the Vice President of 
     the United States, to all members of the Congress who 
     represent districts in Pennsylvania and to the Governor of 
     the Commonwealth of Pennsylvania.
                                  ____

       POM-370. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to legislation to extend the production tax credit 
     for wind power energy development; to the Committee on 
     Finance.

                        House Resolution No. 88

       Whereas, in an effort to foster the development of 
     alternate energy sources for the future, a production tax 
     credit for wind power energy development was established in 
     1992. In the years since that time, significant progress has 
     been made in the challenging work of developing clean sources 
     of power for our country; and
       Whereas, the long-term strategy behind the production tax 
     credit for wind energy development has been impeded by the 
     fact that this federal program faces sunset provisions every 
     two years. Sunset provisions clearly are a productive tool to 
     ensure sound spending policies. However, in an extended 
     effort like developing viable wind energy technology, which 
     has enormous capital expenses, the requirement for renewal 
     every two years has proven to be counterproductive. Over most 
     two-year cycles, the amount of power added through wind 
     technology investment drops considerably in the second year, 
     as developers worry about whether the tax credit incentive 
     will be revived after it expires; and
       Whereas, the production tax credit, like other incentives 
     that the government has provided throughout history to 
     encourage various development initiatives, would be far more 
     effective if it could be extended beyond the two-year period. 
     This emerging industry, which may one day be a key part of 
     America's overall energy needs, will make much more 
     significant advances with a consistent, multiple-year 
     approach: Now, therefore, be it
       Resolved by the house of representatives, That we 
     memorialize the Congress of the United States to enact 
     legislation to extend the production tax credit for wind 
     power energy development beyond the two-year cycle under 
     which it now operates; 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-371. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to a prescription drug benefit; to the Committee on 
     Finance.

                        House Resolution No. 176

       Whereas, in recent years, the rising costs of prescription 
     medications have created a growing burden for America's 
     senior citizens. An increasing number of our people cannot 
     afford the medications they need to live and function. This 
     situation is harmful not only to a large segment of our 
     population, but to our entire health care system; and
       Whereas, since prescription medications contribute 
     significantly to public health by minimizing the need for far 
     more costly services, including hospitalization, the current 
     Medicare program is not nearly as effective as it could be in 
     helping our senior citizens protect their health and well-
     being. The overall ramifications of this problem are 
     amplified by the realization that the first waves of baby 
     boomers are now reaching retirement age; and
       Whereas, although health care is a challenge that includes 
     a wide range of factors, it is essential that a prescription 
     drug benefit be established within Medicare. For those men 
     and women currently grappling with the difficulties of paying 
     for medicines they need, adding this benefit will provide 
     immediate relief and help them maintain their health. For 
     their families and our entire country, this is a program that 
     needs to be put in place swiftly Now, therefore, be it
       Resolved by the house of representatives, That we 
     memorialize Congress to enact legislation to establish a 
     prescription drug benefit within Medicare; 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-372. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the World 
     Trade Organization and the World Intellectual Property 
     Organization; to the Committee on Finance.

                       Senate Resolution No. 188

       Whereas, since the birth of our nation, the United States 
     has amassed a remarkable record of creativity and discovery. 
     Our history is replete with the development of new goods and 
     production methods to advance the quality of life, and we 
     have developed a strong economy based on these discoveries; 
     and
       Whereas, members of the manufacturing industry have cited a 
     number of examples where companies in other nations have been 
     infringing upon intellectual property rights. This has 
     resulted in financial losses and further exacerbated the 
     challenges faced by our manufacturers; and
       Whereas, the World Trade Organization and the World 
     Intellectual Property Organization implemented a set of 
     standards and principles outlining how international 
     intellectual property rights should be applied and how to 
     settle disputes between members of the World Trade 
     Organization and the World Intellectual Property 
     Organization; and
       Whereas, the United States can defend the intellectual 
     property rights of domestic business through the procedures 
     established by the World Trade Organization and the World 
     Intellectual Property Organization; and
       Whereas, to ensure a vibrant economic recovery in Michigan, 
     our businesses and entrepreneurs must be secure in their 
     intellectual property, for it is through these innovations 
     that companies build their economic strength and maintain 
     their competitiveness: Now, therefore, be it
       Resolved by the Senate, That we memoralize the Congress of 
     the United States to expand its efforts through the World 
     Trade Organization and the World Intellectual Property 
     Organization to ensure that the intellectual property of 
     domestic businesses and individuals is protected and that 
     actions are taken against those countries that violate the 
     World Trade Organization and World Intellectual Property 
     Organization standards; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States of America, 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-373. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to steel tariffs; to the Committee 
     on Finance.

                        House Resolution No. 514

       Whereas, A vibrant and thriving steel industry is a 
     critical segment of the manufacturing industry for the 
     Commonwealth of Pennsylvania, the birthplace of the American 
     steel industry and home to United States Steel Corporation 
     and the United Steelworkers of America, and for the entire 
     nation and is a key component of our national defense; and
       Whereas, Between 1997 and 2002, proliferation of illegally 
     dumped foreign steel in the United States economy resulted in 
     approximately 35 steel companies filing for bankruptcy and 
     the loss of 54,000 industry jobs; and
       Whereas, In June 2001, as a result of the crisis in the 
     domestic steel industry, the Federal Government and the Bush 
     Administration initiated a trade investigation under Section 
     201 of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. 
     Sec. 2101 et seq.), a safeguard clause that allows a domestic 
     industry injured by unfair trade practices to seek relief 
     through the International Trade Commission; and
       Whereas, In March 2002, in response to a report by the 
     International Trade Commission

[[Page 3720]]

     that the American steel industry had suffered serious injury 
     based on the surge of steel imports, the Bush Administration 
     imposed three years of declining tariffs ranging from 8% to 
     30% on imports of 13 finished steel products and a three-year 
     increasing tariff rate quota on certain imports; and
       Whereas, The United States International Trade Commission 
     Report of September 19, 2003, analyzed the preliminary 
     effects of the tariffs and noted that since the imposition of 
     the tariffs, industries producing steel products have 
     undergone major reconstruction and expansion and the assets 
     of several bankrupt steel producers have been acquired by 
     other firms; and
       Whereas, It was evident from the report that the Section 
     201 steel tariffs were contributing greatly to the 
     revitalization of the steel-producing industries in the 
     Commonwealth of Pennsylvania and the nation; and
       Whereas, On November 10, 2003, the World Trade Organization 
     Appellate Body ruled that the Section 201 steel tariffs on 
     imported steel are illegal; and
       Whereas, The European Union threatened the United States 
     with the imposition of $2.2 billion of sanctions on United 
     States imports if the United States does not repeal the 
     Section 201 steel tariffs by December 10, 2003; and
       Whereas, Japan, South Korea, Norway, Switzerland, China, 
     New Zealand and Brazil have joined Europe in welcoming the 
     World Trade Organization's ruling; and
       Whereas, The Section 201 steel tariffs have provided the 
     Bush Administration with the leverage to negotiate a 
     resolution to the underlying structural problems of massive 
     global excess steel capacity and foreign government subsidies 
     that caused the import surge and prompted the imposition of 
     the steel safeguard; and
       Whereas, Continuation of the Section 201 steel tariffs for 
     the full three-year duration, even in the face of retaliatory 
     sanctions from the European Union and other steel-producing 
     countries, would help restore market forces and level the 
     playing field in the global steel sector; and
       Whereas, The World Trade Organization has ruled against 
     every safeguard action instituted by any WTO-member country; 
     and
       Whereas, The American steel industry is in the middle of a 
     historic restructuring effort, having invested more than $3 
     billion to consolidate and having entered into a new 
     agreement with the United Steelworkers of America to further 
     improve productivity; and
       Whereas, It is essential that the industry not be subjected 
     to a renewed surge of imported steel because of any early 
     termination or weakening of the safeguard measures; and
       Whereas, The steel industry has been doing its part under 
     the Section 201 program and needs the full three-year term if 
     the President's program is to come to a successful 
     conclusion; and
       Whereas, the House of Representatives and the Senate of the 
     Commonwealth of Pennsylvania have consistently urged the 
     President through resolutions to pursue enhanced enforcement 
     of United States trade laws, to take steps to rebuild the 
     United States steel industry and to implement tariffs on 
     foreign steel as recommended by the International Trade 
     Commission and are now urging the reinstatement of the 
     tariffs or support to the steel industry for the full three-
     year duration to ensure the industry's continued recovery; 
     and
       Whereas, On three separate occasions prior to the release 
     of the International Trade Commission's report, the House of 
     Representatives and the Senate of the Commonwealth of 
     Pennsylvania have passed resolutions urging the President to 
     maintain the Section 201 steel tariffs for the full three-
     year term; and
       Whereas, The International Trade Commission's report 
     reveals that the Pennsylvania General Assembly's earlier 
     support for continuing the Section 201 steel tariffs was 
     justified, prudent and in the best interests of the steel-
     producing industry in the Commonwealth of Pennsylvania: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania strongly urge the President and 
     the Congress of the United States to continue to support the 
     revitalization of the American steel industry for the benefit 
     of the citizens of this nation and for the benefit of the 
     national economy by reinstating the steel tariffs under 
     Section 201 of the Trade Act of 1974 or providing support to 
     the steel industry for the entire three-year duration 
     regardless of the World Trade Organization's November 10, 
     2003, ruling: Therefore be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-374. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the 
     International Monetary Fund; to the Committee on Foreign 
     Relations.

                       Senate Resolution No. 189

       Whereas, Through international agreements and in the spirit 
     of fair and balanced trade, the United States dollar is 
     allowed to float freely, with little to no market 
     intervention; and
       Whereas, Many of the trade partners with the United States, 
     including, but not limited to, the European Union, Canada, 
     and Mexico, operate with a floating exchange rate within the 
     international financial system; and
       Whereas, There are nations that are able to sell goods at 
     rates lower than the cost of production in the United States, 
     in part, through a manipulation of their nation's currency. 
     This contributes significantly to creating an unfair trade 
     balance; and
       Whereas, Foreign countries that manipulate their currency 
     are able to sell goods in the United States at an artificial 
     price, lower than the cost of domestically produced products. 
     Doing so undercuts American manufactured products, and it may 
     soon eliminate domestic manufacturing; and
       Whereas, The loss of the domestic manufacturing industry 
     poses a substantial threat to the nation's security by 
     requiring the United States to depend on other nations to 
     produce critical components for our defense programs.
       Whereas, Currency manipulation has contributed to 
     substantial trade deficits with certain nations. The increase 
     in the trade deficit with China alone, one of the countries 
     known for currency manipulation, represents about 15 percent 
     of the decline in United States production since 2000; and
       Whereas, Article IV of the International Monetary Fund 
     Articles of Agreement states that members shall avoid 
     manipulating exchange rates or the international monetary 
     system in order to prevent effective balance of payments 
     adjustment or to gain an unfair competitive advantage over 
     other members.'' Under IMF surveillance procedures, a 
     principal indicator of such manipulation is ``protracted 
     large scale intervention in one direction in the exchange 
     market.'' Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to take the necessary actions, through the 
     International Monetary Fund or otherwise, to ensure that 
     foreign nations that trade with the United States do so 
     fairly and do not manipulate their currency; and be it 
     further RESOLVED, That a copy 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-375. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Individuals with Disabilities Education Act; to the Committee 
     on Health, Education, Labor, and Pensions.

                               Resolution

       Whereas, In the interest of ensuring that children with 
     disabilities in the United States receive a free appropriate 
     public education, the Individuals with Disabilities Education 
     Act (Public Law 91-230, 20 U.S.C. Sec. 1400 et. seq.) 
     encroached upon the states' traditional domain over education 
     and established certain mandates that all state and local 
     governments must observe in the education of children with 
     special needs; and
       Whereas, In recognition of the high cost of these Federal 
     mandates, the Individuals with Disabilities Education Act 
     allows the Congress to provide each state with a maximum 
     Federal grant equal to the number of children with 
     disabilities in the state multiplied by 40% of the average 
     per pupil expenditure for all special education students in 
     the United States; and
       Whereas, The Federal Government has not provided sufficient 
     funding to pay for the costly mandates imposed by the 
     Individuals with Disabilities Education Act; and
       Whereas, The Commonwealth's need for these increased funds 
     is urgent and immediate; and
       Whereas, The Federal funding the Commonwealth currently 
     receives for each student with special needs is only the 
     equivalent of 12% of the national average per pupil 
     expenditure; and
       Whereas, By this measure, the Federal Government 
     contributes only 12% of the total cost of special education 
     in this Commonwealth even though the Commonwealth and its 
     school districts must comply with 100% of the costly mandates 
     imposed by the Individuals with Disabilities Education Act; 
     and
       Whereas, These costs have been increasing rapidly in recent 
     years; and
       Whereas, In this Commonwealth, even though the population 
     of students with special needs increased by less than 1% 
     between 1995 and 2000, the number of special education 
     instructors has increased by 14% to 14,547; and
       Whereas, In the same period, the Commonwealth's 
     appropriations for special education have increased by over 
     25% in order to keep pace; and
       Whereas, If the Federal Government would provide the level 
     of funding that the Individuals with Disabilities Education 
     Act allows, the Commonwealth would have sufficient resources 
     to meet these growing needs; in fiscal year 2001-2002 it 
     would have received $605,000,000, an increase of 
     $421,544,956, or 229.78%, over the Federal funding the 
     Commonwealth received in fiscal year 2000-2001; and

[[Page 3721]]

       Whereas, Because the Federal Government has failed to 
     provide the level of funding that the Individuals with 
     Disabilities Education Act allows, it has placed a 
     disproportionate financial burden on the Commonwealth and its 
     school districts; and
       Whereas, If the Individuals with Disabilities Education Act 
     is to fully accomplish its mission to provide a free 
     appropriate public education to children with disabilities, 
     the Federal Government must provide State and local 
     governments with the funding they need to successfully 
     implement the act's mandates: Therefore be it
       Resolved, That the Senate of Pennsylvania urge the Congress 
     of the United States to fulfill the commitment of the 
     Individuals with Disabilities Education Act by taking 
     immediate action on legislation that would provide resources 
     equal to 40% of the national average per pupil expenditure 
     for special education students for each Pennsylvania student 
     with special needs: And be it further
       Resolved, That copies of this resolution be sent to the 
     President and Vice President of the United States, to the 
     presiding officers of each house of Congress, to each member 
     of Congress from Pennsylvania, to the National Conference of 
     State Legislatures, to the National Governor's Association, 
     to the State Board of Education and to the Secretary of 
     Education.
                                  ____

       POM-376. A resolution adopted by the House of 
     Representatives of the State of Michigan relative to unopened 
     prescription medications recovered from deceased patients; to 
     the Committee on Health, Education, Labor, and Pensions.

                        House Resolution No. 233

       Whereas, there are a host of issues relating to the 
     difficult social, medical, and legal challenges of end-of-
     life concerns. A significant source of confusion, at times, 
     are the procedures for prescribing and handling medications 
     for terminally ill patients, including drugs that are 
     governed by controlled substance laws; and
       Whereas, one aspect of end-of life care that needs to be 
     resolved is how to handle prescription medications for 
     patients who have died. It is a common situation for there to 
     be prescriptions that are written and filled but unused. At 
     the present time, there are no provisions of federal law that 
     offer a means of returning unused and unopened medications in 
     a way that these expensive medicines can be dispensed and 
     used by another terminally ill patient. Each year, thousands 
     of dollars worth of prescription medications are wastefully 
     discarded after a patient dies. In many situations, the 
     medicines could safely be used for the benefit of others; and
       Whereas, when medications, including those used by hospice 
     patients in the final stages of life, are still sealed in 
     tamper-evident containers that assure safety, there is little 
     reason to destroy the medication rather than dispensing it 
     again at no cost to a new patient beyond a handling fee. 
     Appropriate changes need to be made to federal laws and 
     regulations, including those that govern controlled 
     substances; now, therefore, be it
       Resolved by the house of representatives, That we 
     memorialize the Congress of the United States to amend 
     federal laws and regulations to address the issue of unopened 
     prescription medications recovered from deceased patients; 
     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-377. A resolution adopted by the Senate of the General 
     Assembly of the State of Tennessee relative to funding for 
     the Juvenile Accountability Block Grant; to the Committee on 
     the Judiciary.

                       Senate Resolution No. 110

       Whereas, the Juvenile Accountability Block Grant (JABG) was 
     enacted in the 2002 reauthorization of the Juvenile Justice 
     and Delinquency Prevention Act; and
       Whereas, this grant provides dollars for use by states and 
     units of local government to promote greater accountability 
     in the juvenile justice system; and
       Whereas, between 1998 and 2002, the State of Tennessee 
     received $20,757,000 in JABG funds for accountability-based 
     juvenile justice system programs; and
       Whereas, rural counties across the State have received 
     funds to assist with juvenile court services and with 
     decreasing the backlog of juvenile cases; and
       Whereas, the types of programs in Tennessee currently being 
     funded by the JABG include: (1) intensive probation services; 
     (2) residential observation and assessment services; (3) 
     intensive after-care services; (4) alternative school and 
     summer adventure-based programs; (5) additional juvenile 
     court officers and referees to handle cases; (6) improved 
     data systems for tracking juvenile cases; and (7) new youth 
     and drug courts for diversion from the regular juvenile 
     justice system; and
       Whereas, because of the JABG funds, juvenile courts in 
     rural areas, which normally have minimal resources, now have 
     a greater variety of services to meet more individualized 
     needs; and
       Whereas, because of the services enabled by the JABG funds, 
     juvenile offense referrals in Tennessee for crimes such as 
     homicide, robbery, aggravated assault, rape, larceny, and 
     burglary have been reduced by 16 percent between 1997 and 
     2001; and
       Whereas, the JABG funds are providing for seven staff 
     positions and community-based services through OASIS Center, 
     YCAP Positive Beginnings program, Save Our Children and Frank 
     Reed Memorial Tutoring Program, all of which are community-
     based youth serving non-profit agencies in Nashville, 
     Tennessee; and
       Whereas, because of services provided by JABG funds, the 
     Metropolitan Nashville/Davidson County juvenile court's 
     central intake diversion unit was able to divert 1,700 youth 
     out of the juvenile justice system; and
       Whereas, JABG funds are being used in Davidson County to 
     support an onsite mental health specialist in the juvenile 
     court, who facilitates intervention with the mental health 
     cooperative and provides the court with information on youth 
     who are acting in ways that warrant evaluation; and
       Whereas, it is necessary to maintain JABG funds to continue 
     the success of reducing juvenile crime in Tennessee and 
     providing more individualized, accountability-based 
     interventions for youth involved with the juvenile courts; 
     now, therefore, be it
       Resolved by the Senate of the one hundred third general 
     assembly of the State of Tennessee, That the continued 
     success in the reduction of juvenile crime in Tennessee and 
     the increase of vital services provided to children who are 
     in the juvenile criminal system is dependent upon the renewal 
     of Juvenile Accountability Block Grant funds by the federal 
     government. Be it
       Further Resolved, That the Senate strongly urges the United 
     States Congress and the President of the United States to 
     restore funding for the Juvenile Accountability Block Grant 
     because of the tremendous value these funds provide for local 
     communities in Tennessee. Be it
       Further resolved, That the Chief Clerk of the Senate is 
     directed to transmit enrolled copies of this resolution to 
     each member of the Tennessee Congressional Delegation, to the 
     Honorable George W. Bush, President of the United States, to 
     the Speaker and Clerk of the United States House of 
     Representatives, and to the President and Secretary of the 
     United States Senate.

                          ____________________