[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 7413-7416]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

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

       POM-339. A resolution adopted by the House of 
     Representatives of the State of Alaska urging Congress to 
     permanently repeal the federal estate tax; to the Committee 
     on Finance.

                         House Resolution No. 7

       Whereas the Economic Growth and Tax Relief Reconciliation 
     Act of 2001 temporarily phased out but did not permanently 
     eliminate the federal estate tax; and
       Whereas our form of government is premised on the right to 
     enjoy the fruit of one's labor, to own one's own possessions, 
     and to pass on one's bounty to one's heirs; and
       Whereas, when a person works for a lifetime to build 
     assets, saving and investing money, building a business, or 
     buying and developing land, that person has a moral right to 
     pass those assets on to the person's family without being 
     penalized with inheritance taxes; and
       Whereas there is a fundamental problem of double taxation 
     when a decedent's survivors are forced to pay an inheritance 
     tax on assets acquired by the decedent with after-tax 
     dollars; and
       Whereas we need a tax system that encourages lifelong 
     saving, investment, and business activity, and not one that 
     can result in heirs liquidating or selling family businesses 
     that are often asset rich but cash poor, thereby destroying 
     those ongoing job-producing businesses simply to fund 
     increased government consumption; and
       Whereas the persistent uncertainty created by sec. 901 of 
     the Economic Growth and Tax Relief Reconciliation Act of 
     2001, which provides for the reinstatement of federal estate 
     tax law for decedents dying after December 31, 2010, prevents 
     families and small businesses from fully benefitting from the 
     temporary repeal; be it
       Resolved, That the House of Representatives strongly urges 
     the United States Congress to support, work to pass, and vote 
     for the immediate and permanent repeal of the federal estate 
     tax.
                                  ____

       POM-340. A resolution adopted by the Legislature of the 
     State of Arizona urging Congress to authorize the Department 
     of the Treasury to intercept federal tax refunds to pay 
     overdue victim restitution; to the Committee on Finance.

                  Senate Concurrent Memorial No. 1004

       Whereas, between $500 million and $1 billion in victim 
     restitution, fines, fees and surcharges are past due and owed 
     to courts across Arizona; and
       Whereas, under current law, the Internal Revenue Service is 
     authorized to intercept tax refunds for child support debts, 
     state and federal tax debt and federal agency debt, but not 
     for the collection of court-ordered restitution, fines and 
     fees; and
       Whereas, Arizona law currently allows state tax refunds to 
     be intercepted for past-due court obligations, and in fiscal 
     year 2007, approximately $7.1 million was collected through 
     this program and distributed to victims and various criminal 
     justice agencies throughout the state; and
       Whereas, legislation has been introduced in Congress, S. 
     1287, that would add state court debts to the list of debts 
     that can be withheld from federal tax refunds. It is 
     estimated that approximately $70 million could be collected 
     for Arizona if federal tax refunds were

[[Page 7414]]

     subject to intercept by the Internal Revenue Service; and
       Whereas, mechanisms already are in place to intercept this 
     debt and such a plan would result in no loss to the federal 
     budget. The federal tax intercept proposal is a fair and 
     simple way to enforce debts owed without implementing a tax 
     increase.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays.
       1. That the United States Congress enact S. 1287 or other 
     similar legislation that would authorize the United States 
     Department of the Treasury to intercept federal tax refunds 
     to pay overdue victim restitution and other financial 
     obligations ordered by state and local criminal and traffic 
     courts.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-341. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to extend the 
     expiration deadline of the Gulf Opportunity Zone Act of 2005; 
     to the Committee on Finance.

                  Senate Concurrent Resolution No. 20

       Whereas, hurricanes Katrina and Rita struck the United 
     States in August and September 2005, and were considered the 
     most devastating natural disasters to hit the United States; 
     and
       Whereas, in response to these natural disasters Congress in 
     December 2005, enacted the Gulf Opportunity Zone Act (GO Zone 
     Act) of 2005 to provide desperately needed economic relief, 
     and
       Whereas, the GO Zone Act provides federal tax incentives 
     and bonds to rebuild the economies of those areas impacted by 
     hurricanes Katrina, Rita and Wilma; and
       Whereas, even though the entire state of Louisiana was 
     included in the hurricanes Katrina and Rita disaster areas, 
     the provisions of the GO Zone Act apply only to certain 
     designated parishes; and
       Whereas, the GO Zone Act applies to the following parishes: 
     Acadia, Allen, Ascension, Assumption, Beauregard, Calcasieu, 
     Cameron, East Baton Rouge, East Feliciana, Evangeline, 
     Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, 
     Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, 
     Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. 
     John the Baptist, St. Landry, St. Martin, St. Mary, St. 
     Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, 
     Washington, West Baton Rouge, and West Feliciana; and
       Whereas, the GO Zone Act provides low-income housing 
     credits, rehabilitation tax credits for restoring commercial 
     buildings, employer-provided housing benefits, fifty percent 
     bonus depreciation on certain new property investments, 
     deductions for demolition and clean-up costs, and net 
     operating loss carrybacks; and
       Whereas, many of the GO Zone Act provisions expired at the 
     end of 2007 and other provisions are due to expire at the end 
     of 2010 for certain parishes; and
       Whereas, many Louisiana citizens and businesses can 
     directly benefit from the Act's incentives if the GO Zone Act 
     is extended; therefore, be it,
       Resolved That the Legislature of Louisiana memorializes the 
     Congress of the United States to extend the expiration 
     deadline of the Gulf Opportunity Zone Act of 2005; be it 
     further,
       Resolved That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-342. A joint resolution adopted by the Legislature of 
     the State of Idaho urging the Idaho congressional delegation 
     to take measures to improve quality care in the skilled 
     nursing facilities in Idaho; to the Committee on Health, 
     Education, Labor, and Pensions.

                       House Joint Memorial No. 6

       Whereas, the federal survey process through which skilled 
     nursing facililies are inspected is a federal process which 
     is not available for significant state deviation or 
     modification; and
       Whereas, the federal survey process was developed in 1987 
     and was designed for typical residents in skilled nursing 
     facilities at that time; and
       Whereas, the acuity levels of patients now being cared for 
     in skilled nursing facilities are significantly elevated from 
     those of twenty years ago; and
       Whereas, the federal survey process does not allow for 
     trained, experienced surveyors to provide consulting of any 
     kind when surveying a skilled nursing facility; and
       Whereas, the punitive and negative design of the federal 
     survey process often negatively impacts the morale, turnover 
     and motivation of the workforce of the skilled nursing 
     facility; and
       Whereas, the costs of the very expensive federal survey 
     process outweigh the benefits; and
       Whereas, the state of Idaho has produced a survey process 
     for assisted living providers which is not punitive, provides 
     for significant consulting and, as current feedback 
     indicates, a confidence building and learning experience for 
     employees of the facility; now, therefore, be it,
       Resolved by the members of the Second Regular Session of 
     the Fifty-ninth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, That the 
     Idaho Legislature urges the Idaho congressional delegation, 
     the Idaho Department of Health and Welfare, the United States 
     Department of Health and Human Services, resident advocate 
     groups in Idaho and industry representatives to negotiate how 
     to improve the survey process in skilled nursing facilities 
     in Idaho and that the Idaho Legislature supports measures to 
     improve quality care in the skilled nursing facilities in 
     Idaho and the Idaho Legislature also affirms our desire to be 
     efficient with tax dollars; be it further
       Resolved, That the Idaho Legislature urges the Idaho 
     congressional delegation to request support and necessary 
     funding from the United States Congress for a pilot project 
     in the state of Idaho to implement the changes negotiated by 
     the aforementioned groups; be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     United States, to the Secretary of the United States 
     Department of Health and Human Services, to the President of 
     the Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     state of Idaho in the Congress of the United States.
                                  ____

       POM-343. A resolution adopted by the Legislature of the 
     State of Massachusetts urging Congress to create an office of 
     the national nurse; to the Committee on Health, Education, 
     Labor, and Pensions.

                               Resolution

       Whereas, nurses are highly valued and trusted by the public 
     and, in addition to administering health care, are often 
     called upon to deliver educational messages about health 
     maintenance and disease prevention; and
       Whereas, there are thousands of nurses and nurse educators 
     currently living and working in the commmonwealth; and
       Whereas, a national effort is underway to create an Office 
     of the National Nurse; and
       Whereas, on March 8, 2006, Congresswoman Lois Capps, a 
     nurse representing the 23rd Congressional District of 
     California, introduced H.R. 4903 in the House of 
     Representatives to amend the Public Health Service Act to 
     establish an Office of the National Nurse; and
       Whereas, H.R. 4903 enjoyed bipartisan support and 42 
     Members of the House of Representatives signed on to the 
     bill; and
       Whereas, the Office of the National Nurse would raise 
     awareness of health issues and promote good health through 
     education and community outreach; and
       Whereas, the Office of the National Nurse would effectively 
     complement the Office of the Surgeon General of the United 
     States; and
       Whereas, the Office of the National Nurse would support 
     valuable initiatives, such as producing weekly media 
     broadcasts to promote health, increasing the number of nurse 
     educators, facilitating the deployment of nurses to 
     underserved areas, promoting volunteerism within the Medical 
     Reserves Corps and partnering with existing agencies to 
     deliver nursing assistance and education to communities, 
     particularly communities in crisis; Therefore be it
       Resolved, That the Massachusetts General Court memorializes 
     the Congress of the United States to enact legislation to 
     create an Office of the National Nurse as described in H.R. 
     4903 similar legislation; and be it further
       Resolved, That copy of these resolutions be forwarded by 
     the Clerk of the House of Representatives to the President of 
     the United States, the presiding officer of each branch of 
     Congress and the members thereof from the commonwealth.
                                  ____

       POM-344. A concurrent resolution adopted by the Legislature 
     of the State of Kansas expressing its support for the 
     National Bio and Agro-Defense Facility; to the Committee on 
     Health, Education, Labor, and Pensions.

                 Senate Concurrent Resolution No. 1624

       Whereas, Homeland Security Presidential Directive Nine 
     (HSPD-9) has tasked the Secretary of the Department of 
     Homeland Security to coordinate, ``counter-measure research 
     and development of new methods for detection, prevention 
     technologies, agent characterization and dose response 
     relationships for high-consequence agents''; and
       Whereas, at present no facilities in the United States have 
     adequate containment, security, equipment and infrastructure 
     to meet the requirements identified in HSPD-9; and
       Whereas, to meet this need, the Department of Homeland 
     Security and its federal partners initiated plans for a 
     National Bio and Agro-Defense Facility (NBAF); and
       Whereas, the NBAF will enhance protection from both natural 
     and intentional threats by providing and integrating high-
     biosecurity facilities, thus increasing our nation's capacity 
     to assess potential threats to both human and animal life; 
     and

[[Page 7415]]

       Whereas, the Department of Homeland Security is seeking a 
     location to build the $451 million, 500,000 square foot, NBAF 
     facility; and
       Whereas, A site on the campus of Kansas State University is 
     one of six sites actively under consideration by the 
     Department of Homeland Security as possible locations for the 
     NBAF facility; and
       Whereas, the State of Kansas recognizes the NBAF as a 
     critical national investment and pledges its support for the 
     funding and construction of the NBAF in order to protect 
     human and animal health from both naturally occurring and 
     intentionally introduced disease threats; and
       Whereas, Kansas is the ideal location for the NBAF. Kansas 
     is a world leader in bioscience, particularly in the areas of 
     animal health and vaccines, infectious diseases, and food 
     safety. Kansas also has in place an exceptionally well 
     qualified workforce; and
       Whereas, in demonstration of their zealous support for 
     locating the NBAF in Kansas, Governor Kathleen Sebelius and 
     the Kansas Bioscience Authority have initiated a task force 
     to lead Kansas' bid for the NBAF. This task force consists of 
     prominent industry leaders, public officials--including the 
     entire Kansas congressional delegation--representatives from 
     the Kansas legislature, producer groups and leaders of 
     prominent academic institutions; and
       Whereas, the State of Kansas is committed to partnering 
     with the federal government to support biosecurity. As part 
     of this commitment, Kansas--along with the federal 
     government--invested $54 million in the nation's most modern 
     biosecurity laboratory, the Biosecurity Research Institute at 
     Kansas State University: Now, therefore, be it
       Resolved, by the Senate of the State of Kansas, the House 
     of Representatives concurring therein, That the Kansas 
     legislature pledges its support for Kansas State University 
     and the City of Manhattan, in their bid to have the U.S. 
     Department of Homeland Security's National Bio and Agro-
     Defense Facility located in Kansas, and that the Legislature 
     underscores its commitment to provide any and all support 
     necessary to ensure the location of the NBAF in Kansas; and 
     be it further
       Resolved, That the Kansas Legislature purposefully 
     encourages the U.S. Department of Homeland Security to 
     consider Kansas' demonstrated expertise and experience with 
     research, its existing facilities and security 
     infrastructure, and the human resources already in place that 
     make Kansas a natural fit for the location of this new 
     federal laboratory; and be it further
       Resolved, That copies of this resolution be provided to 
     President Bush and Vice President Cheney, Secretary Chertoff 
     of the U.S. Department of Homeland Security, Secretary 
     Schafer of the U.S. Department of Agriculture, Secretary 
     Leavitt of the U.S. Department of Health and Human Services, 
     the Kansas congressional delegation and Governor Kathleen 
     Sebelius.
                                  ____

       POM-345. A resolution adopted by the Senate of the State of 
     Michigan urging Congress to reverse funding cuts to the 
     Edward Byrne Memorial Justice Assistance Grant Program; to 
     the Committee on the Judiciary.

                       Senate Resolution No. 165

       Whereas, the grants funded through the Byrne Justice 
     assistance Grant Program are used throughout Michigan for 
     statewide and local law enforcement efforts. The Byrne 
     program grants assist the apprehension, prosecution, 
     adjudication, detention, and rehabilitation of offenders. The 
     funding supports training, equipment, additional personnel, 
     and other measures to increase the effectiveness of law 
     enforcement and victim assistance; and
       Whereas, the cuts in the fiscal year 2008 appropriations 
     for the Byrne program that were approved by Congress and 
     signed into law are staggering. Michigan will lose two-thirds 
     of the funding received in the previous year, down to only 
     $3.2 million. For programs such as the Office of Drug Control 
     Policy, the slashing of the funds available will cripple the 
     office and force the cancellation of many worthwhile 
     programs. The effects on other state and local programs will 
     be similarly drastic. With the state's budget situation still 
     in question due to negative trends in the national economy 
     that threaten to overwhelm state efforts to restore growth, 
     we clearly cannot replace the lost federal money; and
       Whereas, as the federal government continues to grapple wih 
     the budget and economic growth measures, there is still time 
     for Congress to correct the looming crisis in law enforcement 
     efforts in the states. We know that cuts in funding now, when 
     the economic picture is growing bleak, will make the need to 
     effective law enforcement an victim assistance more important 
     than ever. Congress must restore funding to the Byrne program 
     to fiscal year 2007 levels through a supplemental 
     appropriations act in order to prevent the curtailment or 
     cancellation of key criminal justice programs; now, 
     therefore, be it
       Resolved by the Senate, That we memorialize the United 
     States Congress to reverse cuts to the Edward Byrne Memorial 
     Justice Assistance Grant Program; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-346. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging Congress to take the actions 
     necessary to ensure adequate funding for veterans' health 
     care; to the Committee on Veterans' Affairs.

                   House Concurrent Resolution No. 23

       Whereas, the United States Department of Veterans Affairs 
     provides medical care to veterans who have risked their lives 
     to protect the security of the nation; and
       Whereas, the United States Department of Veterans Affairs 
     has the largest integrated health care system in the United 
     States; and
       Whereas, the missions of the United States Department of 
     Veterans Affairs include providing health care to veterans, 
     educating and training health care personnel, conducting 
     medical research, serving as backup to the United States 
     Department of Defense, and supporting communities in times of 
     crisis; and
       Whereas, the United States Department of Veterans Affairs 
     provides a wide range of specialized services to meet the 
     unique needs of veterans, including treatment and care for 
     spinal cord injury, blindness, traumatic brain injury, post 
     traumatic stress disorder, amputation injuries, mental health 
     issues, substance abuse, and conditions requiring long-tern 
     care; and
       Whereas, federal discretionary funding for veterans' health 
     care is controlled by the executive branch and congress 
     through the budget and appropriations process; and
       Whereas, the United States Governmental Accountability 
     Office report in 2005 highlighted the lack of resources and 
     staffing available to the United States Veterans 
     Administration for processing an increasing backlog of 
     veterans' claims; and
       Whereas, discretionary funding for the United States 
     Department of Veterans Affairs lags behind both medical 
     inflation and the increased demands for services; and
       Whereas, former United States Secretary of Veterans Affairs 
     Anthony Principi has publicly stated that the United States 
     Department of Veterans Affairs has been struggling to provide 
     health care to the rapidly rising number of veterans who 
     require health care; and
       Whereas, it is imperative that the members of congress make 
     funding health care for veterans a major priority. Therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the United States Congress to ensure 
     adequate funding for veterans' health care. Be it further
       Resolved, That the legislature does hereby express profound 
     and enduring gratitude to veterans for sacrifices made while 
     serving in the United States Armed Forces, particularly those 
     who suffer as a result of injuries sustained during military 
     service. Be it further
       Resolved, That copies of this Resolution be transmitted to 
     the president and vice president of the United States and to 
     the members of Louisiana's congressional delegation.
                                  ____

       POM-347. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to adopt and implement 
     the recommendations of the Veterans' Disability Benefits 
     Commission; to the Committee on Veterans' Affairs.

                  Senate Concurrent Resolution No. 28

       Whereas, the Veterans' Disability Benefits Commission was 
     established by the Congress of the United States in Public 
     Law 108-136, the National Defense Authorization Act of 2004; 
     and
       Whereas, between May 2005 and October 2007, the commission 
     conducted an in-depth analysis of the benefits and services 
     available to veterans, service members, their survivors, and 
     their families to compensate and provide assistance for the 
     effects of disabilities and deaths attributable to military 
     service; and
       Whereas, the commission examined the appropriateness and 
     purpose of benefits, benefit levels and payment rates, and 
     the processes and purposes used to determine eligibility for 
     such services; and
       Whereas, the commission reviewed past studies on these 
     subjects, the legislative history of these benefit programs, 
     and related issues that have been debated repeatedly over 
     several decades; and
       Whereas, in federal fiscal year 2006, the Department of 
     Veterans' Affairs expended over forty billion dollars on a 
     wide array of these benefits and services for veterans, 
     service members, their survivors and their families; and
       Whereas, the commission identified eight principles that it 
     believes should guide the development and delivery of future 
     benefits for veterans, service members, and their families; 
     and
       Whereas, the following are those eight principles:
       (1) Benefits should recognize the often enormous sacrifices 
     of military service as a continuing cost of war, and commend 
     military service as the highest obligation of citizenship.
       (2) The goal of disability benefits should be 
     rehabilitation and reintegration into civilian

[[Page 7416]]

     life to the maximum extent possible and preservation of the 
     veterans' dignity.
       (3) Benefits should be uniformly based on severity of 
     service-connected disability without regard to the 
     circumstances of the disability (wartime vs. peacetime, 
     combat vs. training. or geographical location).
       (4) Benefits and services should be provided that 
     collectively compensate for the consequence of service-
     connected disability on the average impairment of earnings 
     capacity, the ability to engage in usual life activities, and 
     quality of life.
       (5) Benefits and standards for determining benefits should 
     be updated or adapted frequently based on changes in the 
     economic and social impact of disability and impairment, 
     advances in medical knowledge and technology, and the 
     evolving nature of warfare and military service.
       (6) Benefits should include access to a full range of 
     health care provided at no cost to service-disabled veterans. 
     Priority for care must be based on service connection and 
     degree of disability.
       (7) Funding and resources to adequately meet the needs of 
     service-disabled veterans and their families must be fully 
     provided while being aware of the burden on current and 
     future generations.
       (8) Benefits to our nation's service-disabled veterans must 
     be delivered in a consistent, fair, equitable, and timely 
     manner; and
       Whereas, with these principles clearly in mind, the 
     commission has urged the nation to set a firm foundation upon 
     which to shape and evolve a system of appropriate, and 
     generous benefits for the disabled veterans of today and 
     tomorrow. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to adopt and implement the 
     recommendations of the Veterans' Disability Benefits 
     Commission. Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.

                          ____________________