Feb. 6, 2006 sees Congressional Record publish “PETITIONS AND MEMORIALS”

Feb. 6, 2006 sees Congressional Record publish “PETITIONS AND MEMORIALS”

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Volume 152, No. 12 covering the of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“PETITIONS AND MEMORIALS” mentioning the U.S. Dept of State was published in the Senate section on pages S725-S728 on Feb. 6, 2006.

The publication is reproduced in full below:

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-254. A resolution adopted by the Senate of the State of Michigan relative to providing the states with authority to regulate the flow and importation of solid waste from outside the country; to the Committee on Energy and Natural Resources.

Senate Resolution No. 43

Whereas, For the past seven years, the amount of solid waste coming into Michigan for disposal has increased from 5.6 million cubic yards to over 15 million cubic yards each year. Carefully planned landfill space, intended to be used for solid waste generated in Michigan, is being quickly filled by waste from other states and Canada. Michigan has enacted several laws to control the solid waste stream coming into the state in an attempt to protect our environment, water, and public health; and

Whereas, The United States Supreme Court limited the state's ability to further restrict out-of-state waste when it ruled in Fort Gratiot Sanitary Landfill v. Michigan Department of Natural Resources that the states do not have authority to regulate or ban the importation of solid waste. The court further ruled that Congress can provide states with such authority by enacting appropriate legislation; and

Whereas, United States Representative Mike Rogers has introduced legislation, H.R. 593, to allow Michigan and other states to control the flow of solid waste coming from other countries into their states. Specifically, H.R. 593 would allow Michigan to enact legislation banning or restricting the disposal of Canadian waste in Michigan landfills. Although supported by members of Congress on both sides of the aisle, bills on this topic introduced in prior congressional sessions did not pass the House of Representatives; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to enact H.R. 593 to provide the states with authority to regulate the flow and importation of solid waste from outside the country; 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-255. A concurrent resolution adopted by the Senate of the State of Michigan relative to implementing the Action Plan to Restore and Protect the Great Lakes; to the Committee on Environment and Public Works.

Senate Concurrent Resolution No. 34

Whereas, Over 40 percent of the Great Lakes are under Michigan's jurisdiction and the Great Lakes contain 95 percent of North America's fresh surface water; and

Whereas, The Great Lakes affect all aspects of life in Michigan and are inextricably linked to Michigan's history, culture, and economy. The Great Lakes have for thousands of years supported native communities' culture and way of life; and

Whereas, The Great Lakes fuel Michigan's tourism and recreation industry. Recreational fishing alone adds $1.4 billion annually to the state's economy; and

Whereas, The state of Michigan has historically been a leader in protecting the Great Lakes, including efforts to regulate ballast water discharges that could harbor invasive species and to eliminate the disposal of dangerous contaminants in the Great Lakes; and

Whereas, Despite Michigan's efforts, the Great Lakes are ailing from a multitude of stressors, including aquatic invasive species, toxic contamination of river and lake sediments, partially or inadequately treated sewage discharges, pollution from nonpoint sources, and coastal habitat loss. Combined, these stressors will have long-lasting effects on the Great Lakes, Michigan's economy, and our way of life; and

Whereas, There has been an unprecedented collaborative effort on the part of 1,500 people representing federal, state, and local governments, Native American tribes, nongovernmental entities, and private citizens to develop an Action Plan to Restore and Protect the Great Lakes; and

Whereas, Implementation of the Action Plan can restore the ecology of the Great Lakes and avert impending environmental threats to the region; and

Whereas, A recent report by the federal Great Lakes Interagency Task Force has, at the eleventh hour, attempted to change the rules that the Regional Collaboration operated under by recommending that the strategy be constrained by current budget projections; and

Whereas, The action plan previously developed through the Regional Collaboration includes recommendations that call on the states and federal government to take substantial new steps jointly in the restoration and protection of the Great Lakes; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Great Lakes Regional Collaboration and the United States Congress to take prompt action to finalize, endorse, implement, and invest in the Action Plan to Restore and Protect the Great Lakes; and be it further

Resolved, That we urge the United States Congress to adopt legislation to implement and fully invest in the Action Plan; and be it further

Resolved, That we intend for the state of Michigan to continue its proud tradition of Great Lakes stewardship and fulfill its commitment to restoring the Great Lakes by taking substantial steps and, whenever practical, match federal funding to implement the Action Plan to Restore and Protect the Great Lakes; 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 members of the Michigan congressional delegation, the Great Lakes Commission, the Great Lakes Legislative Caucus, the International Joint Commission, the Great Lakes Fishery Commission, the Michigan Office of the Great Lakes, the Michigan Department of Environmental Quality, and the Michigan Department of Natural Resources.

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POM-256. A resolution adopted by the House of Representatives of the State of Michigan relative to implementing the Action Plan to Restore and Protect the Great Lakes; to the Committee on Environment and Public Works.

House Resolution No. 143

Whereas, Over 40 percent of the Great Lakes are under Michigan's jurisdiction and the Great Lakes contain 95 percent of North America's fresh surface water; and

Whereas, The Great Lakes affect all aspccts of life in Michigan and are inextricably linked to Michigan's history, culture, and economy. The Great Lakes have for thousands of years supported native communities' culture and way of life; and

Whereas, The Great Lakes fuel Michigan's tourism and recreation industry. Recreational fishing alone adds $1.4 billion annually to the state's economy; and

Whereas, The state of Michigan has historically been a leader in protecting the Great Lakes, including efforts to regulate ballast water discharges that could harbor invasive species and to eliminate the disposal of dangerous contaminants in the Great Lakes;

Whereas, Despite Michigan's efforts, the Great Lakes are ailing from a multitude of stressors, including aquatic invasive species, toxic contamination of river and lake sediments, partially or inadequately treated sewage discharges, pollution from nonpoint sources, and coastal habitat loss. Combined, these stressors will have long-lasting effects on the Great Lakes, Michigan's economy, and our way of life; and

Whereas, There has been an unprecedented collaborative effort on the part of 1,500 people representing federal, state, and local governments, Native American tribes, nongovernmental entities, and private citizens to develop an Action Plan to Restore and Protect the Great Lakes; and

Whereas, Implementation of the Action Plan can restore the ecology of the Great Lakes and avert impending environmental threats to the region; and

Whereas, A recent report by the federal Great Lakes Interagency Task Force has, at the eleventh hour, attempted to change the rules that the Regional Collaboration operated under by recommending that the strategy be constrained by current budget projections; and

Whereas, The action plan previously developed through the Regional Collaboration includes recommendations that call on the states and federal government to take substantial new steps jointly in the restoration and protection of the Great Lakes: Now, therefore, be it

Resolved by the House of Representatives, That we urge the Great Lakes Regional Collaboration and the United States Congress to take prompt action to finalize, endorse, implement, and invest in the Action Plan to Restore and Protect the Great Lakes; and be it further

Resolved, That we urge the United States Congress to adopt legislation to implement and fully invest in the Action Plan; and be it further

Resolved, That we intend for the state of Michigan to continue its proud tradition of Great Lakes stewardship and fulfill its commitment to restoring the Great Lakes by taking substantial steps and, whenever practical, match federal funding to implement the Action Plan to Restore and Protect the Great Lakes; 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 members of the Michigan congressional delegation, the Great Lakes Commission, the Great Lakes Legislative Caucus, the International Joint Commission, the Great Lakes Fishery Commission, the Michigan Office of the Great Lakes, the Michigan Department of Environmental Quality, and the Michigan Department of Natural Resources.

____

POM-257. A concurrent resolution adopted by the House of Representatives of the General Assembly of the State of Ohio relative to reforming the Medicaid program to ensure the program's solvency for future generations; to the Committee on Finance.

Concurrent Resolution No. 13

Whereas, The Ohio Medicaid program plays a vital role in preserving the health and safety of disabled and working low-income Ohioans, providing essential health care services for nearly one in every six Ohioans, including one of every three Ohio births, and funds 70 per cent of all nursing home care provided in Ohio; and

Whereas, Ohio's Medicaid program is growing at a rate of almost twice that of state revenues despite efforts to contain escalating program costs: since 2001, the program's case load has increased 34 per cent; and

Whereas, Currently, Ohio Medicaid program expenditures represent 38 per cent of expenditures from the state's General Revenue Fund; and

Whereas, Remarkably, 72 per cent of Ohio's Medicaid spending is directed toward the provision of long-term care for elderly and disabled Ohioans--who comprise only 25 per cent of the program's caseload of over 1.7 million Ohioans; and

Whereas, To increase the efficiency of the Medicaid program, Ohio has instituted care management programs for certain populations, including those with chronic disease, and has implemented long-term care reform measures; and

Whereas, The Ohio Medicaid program provides invaluable assistance to the mentally retarded and developmentally disabled (MR/DD) community. In an effort to maintain this support, the program is seeking to develop strategies that allow the state to continue to use local funds to finance MR/DD services; and

Whereas, The overall strength of Ohio's Medicaid program is predicated on the existing financial partnership between the state and federal government; however, should caps on reimbursement rates or cuts in federal funding be imposed, the partnership may be negatively impacted; and

Whereas, The federal government and state Medicaid programs must increase collaboration to manage health care benefits and their costs; in Ohio, services for ``dually eligible'' Medicaid recipients--those who are eligible to receive benefits from both Medicaid and Medicare--constitute approximately 44 per cent of Ohio's total Medicaid costs, while the dually eligible population comprises a mere 10 per cent of Ohio's Medicaid recipients; and

Whereas, The federal government could provide the Ohio Medicaid program with access to its Medicare payment information, which would help Ohio increase the effectiveness of its Enhanced Care Management project and provide more effective care to Ohio's aged, blind, and disabled Medicaid recipients; and

Whereas, Medicaid recipients have benefited greatly from Ohio's commitment to expand significantly its capacity to provide Medicaid services by providing care through home and community-based services waiver programs; and

Whereas, Despite Medicaid recipients' preference for home and community-based care and the cost-effectiveness of home and community-based services, federal regulations require the provision of services in an institutional setting, while home and community-based services may be provided only under restricted waiver programs; and

Whereas, If the federal government eliminated the institutional bias in long-term care system design and allowed states to detach Medicaid waivers from the nursing home level of care, all Medicaid recipients nationwide would benefit from the ability to choose their care setting; and

Whereas, Private financing for both institutional and community-based long-term care services should be encouraged to mitigate the Ohio Medicaid program's existing role as a purchaser of long-term care services; and

Whereas, If reinstated by the United States Congress, the Long Term Care Insurance Partnership would also greatly reduce the American public's reliance on publicly funded long-term care services and support; and

Whereas, With regard to nursing home care, Ohio is pursuing regulatory reform initiatives and recently applied to the Centers for Medicare and Medicaid Services (CMS) for consideration of a nursing facility survey pilot program to allow the Ohio Department of Health to focus on facilities that provide substandard care, thereby improving facility residents' health and the overall quality of care delivered in Ohio; and

Whereas, Partnership with CMS in the Medicare/Medicaid data matching project empowered Ohio to more aggressively pursue fraud and abuse among providers that charge both programs for services; and

Whereas, The Ohio Medicaid program would benefit greatly from federal Medicaid policies that honor any approved state Medicaid plan amendments (rather than requiring the interpretation of policy on a case-by-case basis); and

Whereas, Federal regulations governing findings for recovery adversely impact the Ohio Medicaid program: the regulations require the state to reimburse the federal government for the service in question within 60 days--regardless of whether the program has recovered the costs itself posing the potential for significant cash flow disruptions within the program; and

Whereas, The State of Ohio believes that under the Medicare Modernization Act, the United States Secretary of Health and Human Services has sufficient flexibility to work with states to implement the changes made by the Act and that there exists the need to exercise that authority to mitigate the fiscal impact of Medicare Part D in Ohio, as the implementation of Medicare Part D under the Act will likely have a negative fiscal impact on Ohio's Medicaid program, requiring the program to increase spending for its pharmacy program; and

Whereas, The Ohio Medicaid program has enacted measures to more efficiently manage pharmacy benefit costs, but if the program were authorized to determine which drugs are included in the program formulary in a manner similar to that provided under Medicare Part D, the program could manage costs even more effectively; and

Whereas, Ohio encourages continued federal support and investment in new technologies that improve the state's ability to manage the Medicaid program and control program costs; and

Whereas, In an ongoing effort to encourage behavior changes in Medicaid recipients and to prompt recipients to manage their own benefits, the Ohio Medicaid program seeks authority, on behalf of all state Medicaid programs, to charge Medicaid recipients enforceable copayments for services: Now therefore, be it

Resolved, That we, the members of the 126th General Assembly of the State of Ohio, acting on behalf of the citizens of Ohio, strongly urge the Congress of the United States and the United States Secretary of Health and Human Services to respond to the specific concerns delineated in this resolution by reforming the Medicaid program to increase Ohio's authority to design Medicaid coverage and services and ensure the program's solvency for future generations; and be it further

Resolved, That the Clerk of the House of Representatives transmit duly authenticated copies of this resolution to the President of the United States, to the Speaker and the Clerk of the United States House of Representatives, to the President Pro Tempore and the Secretary of the United States Senate, to the members of the Ohio Congressional delegation, to the United States Secretary of Health and Human Services, and to the news media of Ohio.

____

POM-258. A concurrent resolution adopted by the Senate of the Legislature of the State of Louisiana relative to changing the coastal line by which the state receives tax and mineral revenue from three miles to twelve miles to be consistent with the states of Texas and Mississippi as it relates to the receipt of federal tax and mineral revenue; to the Committee on Finance.

Senate Concurrent Resolution No. 41

Whereas, the state of Louisiana receives a portion of taxes collected by the United States government on oil extracted in the Gulf of Mexico within three miles from the coast of Louisiana; and

Whereas, the states of Texas and Mississippi receive a portion of taxes collected by the U.S. government on oil extracted in the Gulf of Mexico within twelve miles from their respective coast lines; and

Whereas, fairness and equity dictate that Louisiana should be treated in the same manner as Texas and Mississippi as it relates to the receipt of federal tax and mineral revenue: Therefore, be it

Resolved, That the Legislature of Louisiana does hereby request the Congress of the United States to change the coastal line by which the state receives tax and mineral revenue from three miles to twelve miles to be consistent with Texas and Mississippi as it relates to the receipt of federal mineral revenue; be it further

Resolved, That a copy of this Resolution be transmitted to the Congress of the United States.

____

POM-259. A resolution adopted by the House of Representatives of the Legislature of the State of Michigan relative to supporting policies that protect and encourage the cultural autonomy of the people of Macedonia; to the Committee on Foreign Relations.

House Resolution No. 165

Whereas, In 1991, 95 percent of the voters of Macedonia voted for independence from Yugoslavia; and

Whereas, In 1993, the Republic of Macedonia became a member of the United Nations; and

Whereas, In 1994, the United States of America recognized the Republic of Macedonia as a sovereign state, and the Republic of Macedonia was recently cited and honored by President Bush and the United States Department of State for its support in the war with Iraq; and

Whereas, There is a large contingency of Macedonians living throughout the United States; and

Whereas, Macedonians began to immigrate to Michigan in the late 1800s and continue to relocate and flourish here with a strong community ethic; and

Whereas, There are more than 60,000 Macedonians now living throughout Michigan; and

Whereas, The first, second, third, and fourth generation Macedonians living in Michigan are a positive force contributing to the economic, cultural, and educational basis of this state; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to support policies that protect and encourage the cultural autonomy of the people of Macedonia, including the rights of Macedonians living throughout the Balkans to speak their language, to attend schools and churches offered in their language, to practice their customs, to be able to call themselves Macedonians, and to be granted all the civil and human rights required by international law; and be it further

Resolved, That copies of this resolution be presented to the Office of the President of the United States, the Speaker of the House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.

____

POM-260. A resolution adopted by the House of Representatives of the General Assembly of the Commonwealth of Pennsylvania relative to amending the provision of law requiring applicants for hunting and fishing licenses to provide their Social Security numbers or other identifying numbers by exempting applicants age 16 and under; to the Committee on the Judiciary.

House Resolution No. 529

Whereas, Statutory requirements that applications for recreational licenses must include individuals' Social Security numbers or other identifying numbers were enacted by the Congress of the United States in 1997 as part of the Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat. 251); and

Whereas, the Commonwealth of Pennsylvania implemented this Federal mandate through the act of December 16, 1997

(P.L.549, No.58), entitled ``An act amending Title 23

(Domestic Relations) of the Pennsy1vania Consolidated Statutes, further providing for alimony, for information to consumer reporting agency, for cooperation of government and nongovernment agencies and for general administration of support matters; providing for duties of Title IV-D attorney; further providing for order of support, for mandatory inclusion of child medical support, for commencement of support actions or proceedings, for expedited procedure, for paternity, for attachment of income, for costs and fees, for continuing jurisdiction over support orders, for duty to report and for denial or suspension of licenses; providing for Title IV-D program and related matters; further providing for acknowledgment and claim of paternity, for responsibilities of law enforcement agencies, for court-ordered relief, for continuing exclusive jurisdiction, for recognition of child support orders, for duties of initiating tribunal, for duties and powers of responding tribunal, for inappropriate tribunal, for duties of support enforcement agency, for supervisory duty, for duties of the Department of Public Welfare and for income-withholding order of another state; providing for compliance with multiple income-withholding orders, for immunity from civil liability, for penalties for noncompliance and for contest by obligor; further providing for notice of registration of order, for procedure to contest validity or enforcement of registered order and for modification of child support order of another state; providing for jurisdiction to modify child support order of another state and for notice to issuing tribunal of modification; further providing for supervisory duty and for definitions; making repeals; and making editorial changes''; and

Whereas, Criminal identity theft and threats to the personal and financial privacy and security of Pennsylvanians are on the rise; and

Whereas, Procedures for the collection of Social Security numbers now in use by licensing agents of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission necessitate the collection and storage of vital information in a manner which may jeopardize confidentiality of those numbers; and

Whereas, Criticism of the procedures used to gather and safeguard Social Security numbers of applicants has grown steadily, in some cases resulting in applicants simply forgoing the purchase of a license rather than submitting vital personal data to the archaic system now in use by both commissions; and

Whereas, The Commonwealth of Pennsylvania strongly supports all effective mechanisms to encourage payment of child support obligations; and

Whereas, Requiring applicants for hunting and fishing licenses who are age 16 and under to provide their Social Security numbers or other identifying numbers does not enhance effective enforcement of child support obligations inasmuch as these applicants are highly unlikely to be in arrears on child support payments; and

Whereas, It is unlikely that the Congress of the United States intended to require applicants for hunting and fishing licenses age 16 and under to be included in this requirement; therefore be it

Resolved, That the House of Representatives of the Commonwealth of Pennsylvania urge the President and the Congress of the United States to amend the provision of law requiring applicants for hunting and fishing licenses to provide Social Security numbers or other identifying numbers by exempting applicants age 16 and under; 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.

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POM-261. A resolution adopted by the Board of Commissioners of Ferry County, State of Washington, relative to supporting county custom, culture, and heritage in decision making on federal lands in Ferry County, State of Washington; to the Committee on Environment and Public Works.

POM-262. A resolution adopted by the City Commission of the City of Lauderdale Lakes of the State of Florida relative to encouraging Congress to pass the Debris Removal Act of 2005; to the Committee on Homeland Security and Governmental Affairs.

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated:

By Mr. DORGAN (for himself, Mr. Conrad, Mr. Bingaman,

Ms. Murkowski, Mr. McCain, Mr. Johnson, and Mr.

Smith):

S. 2245. A bill to establish an Indian youth telemental health demonstration project; to the Committee on Indian Affairs.

By Mr. SCHUMER:

S. 2246. A bill to establish within the United States Marshals Service a short term State witness protection program to provide assistance to State and local district attorneys to protect their witnesses in homicide and major violent crime cases and to provide Federal grants for such protection; to the Committee on the Judiciary.

By Mr. REID (for Mr. Obama):

S. 2247. A bill to promote greater use of information technology in the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code, to increase efficiency and reduce costs; to the Committee on Homeland Security and Governmental Affairs.

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SOURCE: Congressional Record Vol. 152, No. 12

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