[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4016-S4021]
From the Congressional Record Online through the 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-37. A resolution adopted by the City Commission of the 
     City of Lauderdale Lakes of the State of Florida relative to 
     the community development financial institutions programs 
     (``CDFI''); to the Committee on Banking, Housing, and Urban 
     Affairs.
       POM-38. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the Brunswick Naval Air 
     Station in Maine; to the Committee on Armed Services.

                            Joint Resolution

       Whereas within the year, Secretary of Defense Donald 
     Rumsfeld, through the Base Realignment and Closure (BRAC) 
     Commission, will make recommendations about which military 
     installations are to be considered for closure in cost-
     cutting measure for the military and has indicated that 
     reduction may total 25% or an estimated 100 bases; and
       Whereas the State of Maine has a distinct and important 
     military installation that is at risk of closure, the 
     Brunswick Naval Air Station; and
       Whereas Brunswick Naval Air Station is one of 4 remaining 
     bases at the corners of the continental United States that 
     are perfectly situated for maritime interdiction of weapons 
     of mass destruction threats; and
       Whereas Brunswick Naval Air Station is the only fully 
     capable active duty military airfield in the northeastern 
     United States and is indispensable in both our current and 
     future efforts to counter threats to our security; and
       Whereas Brunswick Naval Air Station has more than 63,000 
     square miles of unencumbered airspace for training and 
     exercise missions and has plenty of space for expansion, even 
     for housing other branches of the military; and
       Whereas Brunswick Naval Air Station is the only airfield in 
     the region with a completely secured perimeter for military 
     operations, and Brunswick's 2 parallel runways allow for the 
     operation of all aircraft the Department of Defense possesses 
     today and anticipates for the future; and
       Whereas Brunswick Naval Air Station has an outstanding 
     force protection layout, is on the coast and is easily 
     accessible by all forms of transportation, and aircraft can 
     take off and land there without flying over major centers of 
     population; and
       Whereas the Maine National Guard is coordinating an 
     initiative to construct an Armed Forces Reserve Center on 
     Brunswick Naval Air Station. Tenants would include the Maine 
     Army National Guard, the Maine Air National Guard and the 
     Marine Corps Reserves; and
       Whereas the Army National Guard has begun the process of 
     replacing its current fixed-wing utility fleet with a fixed-
     wing cargo fleet; and
       Whereas Brunswick Naval Air Station has been selected by 
     the National Guard Bureau as one of its regional cargo hubs, 
     and the bureau's recommendation has been sent to the 
     Department of the Army; and
       Whereas the Maine Army National Guard is evaluating the 
     possibility of stationing 2 UH-60 Blackhawk helicopters at 
     Brunswick Naval Air Station to provide search-and-rescue 
     missions along the Maine coast; and
       Whereas the people of the State of Maine have long been at 
     the forefront of our Nation's defense, and first to join and 
     send troops in any conflict and have a strong tradition of 
     support and appreciation for the bases within our borders: 
     Now, therefore, be it
       Resolved, That we, your Memorialists, take this opportunity 
     to convey our appreciation for the advocacy and support for 
     Brunswick Naval Air Station that the Congress of the United 
     States and the Maine Congressional Delegation have provided 
     over the years, and we strongly urge the Congress of the 
     United States to consider the importance of this installation 
     in this time of war on terrorism and the vital need to 
     protect our Nation; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-39. A Senate concurrent resolution adopted by the 
     Legislature of the State of Kansas relative to the Purple 
     Heart medal; to the Committee on Armed Services.

                   Senate Concurrent Resolution 1607

       Whereas Marine Corporal Travis Eichelberger, a native of 
     Atchison, Kansas, enlisted in the United States Marine Corps 
     in 2000 and was awarded the Purple Heart medal for injuries 
     received while in Iraq. After being hospitalized for some 
     time at the National Naval Medical Center in Bethesda, 
     Maryland, and returning to Kansas awaiting a medical 
     discharge from the medical service, he was notified that the 
     award of his medal was a mistake and would be withdrawn; and
       Whereas Corporal Eichelberger is included in a group of 11 
     marines whose Purple Heart medals have been withdrawn for 
     injuries received while serving in Operation Iraqi Freedom; 
     and
       Whereas it is through the patriotic efforts of young men 
     such as Corporal Eichelberger that the United States is able 
     to take military action to bring freedom and democracy to 
     nations such as Iraq. Corporal Eichelberger is very proud of 
     his service in the Marine Corps and would gladly serve again 
     if physically able: Now, therefore, be it
       Resolved by the Senate of the State of Kansas, the House of 
     Representatives concurring therein, That the Kansas 
     Legislature memorializes the Congress of the United States to 
     direct that necessary action be taken so that Corporal 
     Eichelberger retain the Purple Heard medal he so richly 
     deserves; and be it further
       Resolved, That the Secretary of State provide enrolled 
     copies of this resolution to the President of the United 
     States Senate, to the Speaker of the United States House of 
     Representatives and to each member of the Kansas 
     Congressional delegation.
                                  ____

       POM-40. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the Congressional Medal of Honor; 
     to the Committee on Armed Services.

                          House Resolution 23

       Whereas United States Army and Department of Defense 
     officials are reviewing a recommendation to upgrade Major 
     Winters' Distinguished Service Cross to the Congressional 
     Medal of Honor; and
       Whereas Major Winters was originally nominated for the 
     Medal of Honor by Colonel Robert F. Sink, commander of the 
     506th Regiment, for heroic actions on June 6, 1944, during 
     the Allied invasion of Normandy, France, as 1st Lieutenant, 
     Acting Commanding Officer of E Company, 2nd Battalion, 506th 
     Parachute Infantry Regiment, 101st Airborne Division, VII 
     Corps; and
       Whereas Major Winters' extraordinary planning, fighting and 
     commanding on that day 60 years ago in Nazi-occupied Normandy 
     during his regiment's first combat operation saved countless 
     lives and expedited the Allied inland advance; and
       Whereas with his company outnumbered by German soldiers, 
     Major Winters destroyed German guns at Brecourt Manor and 
     secured causeways for troops coming off Utah Beach; and
       Whereas Major Winters' battle plan for a small-unit assault 
     on German artillery has been taught at the United States 
     Military Academy at West Point; and
       Whereas Major Winters accomplished a hazardous mission with 
     valor, inspired his service colleagues through example and 
     effectively organized his company into support and assault 
     teams on the day of invasion in the campaign for European 
     liberation during World War II: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress of the United 
     States to award the Congressional Medal of Honor to Major 
     Richard D. Winters without further delay; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-41. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the protection of the Defense 
     Supply Center Columbus (DSCC) from the Base Realignment and 
     Closure process; to the Committee on Armed Services.

                          House Resolution 16

       Whereas the DSCC is the twelfth largest employer in central 
     Ohio, employing more than six thousand Ohioans; and
       Whereas the DSCC is known throughout the world by more than 
     twenty-four thousand military and civilian customers as one

[[Page S4017]]

     of the largest suppliers of weapons systems parts; and
       Whereas the proud men and women of our armed forces rely on 
     the proven competence, efficiency, and effectiveness of the 
     DSCC; and
       Whereas the DSCC is economically vital to central Ohio, 
     managing almost two million items and accounting for more 
     than two billion dollars in annual sales; and
       Whereas the employees of the DSCC, along with the 
     employees' family members, are active members of central 
     Ohio's communities, schools, and neighborhoods; and
       Whereas State and local leaders and leaders from 
     businesses, organizations, and various associations around 
     central Ohio have formed a team, known as ``Team DSCC,'' to 
     promote and preserve the DSCC. ``Team DSCC'' has made strong 
     efforts to save DSCC from closure, which include increasing 
     local- and federal-level advocacy, increasing awareness about 
     DSCC, and striving to relocate military personnel to the 
     base: Now, therefore be it
       Resolved, The members of the House of Representatives offer 
     support of the Defense Supply Center Columbus, its mission, 
     and its employees, recognizing that they are an integral part 
     of central Ohio's economy and community, as well as the 
     nation's defense. The members of the House of Representatives 
     join ``Team DSCC'' in recognizing and promoting the current 
     capabilities and future growth opportunities of the DSCC. The 
     members of the House of Representatives stand ready to assist 
     as necessary to protect the DSCC from the Base Realignment 
     and Closure process; 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 Secretary of Defense, 
     to the members of the Ohio Congressional delegation, to the 
     Speaker and Clerk of the United States House of 
     Representatives, to the President Pro Tempore and Secretary 
     of the United States Senate, and to the news media of Ohio.
                                  ____

       POM-42. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to the military death gratuity 
     payment and the Servicemembers' Group Life Insurance program; 
     to the Committee on Armed Services.

                          House Resolution 59

       Whereas the United States Armed Forces, a total force 
     comprised of active, National Guard and reserve personnel, 
     are now undertaking courageous and determined operations 
     against insurgents in Iraq and terrorist forces in 
     Afghanistan and other parts of the world; and
       Whereas the men and women of our armed forces, while 
     continuously in harm's way, perform their duties and missions 
     in all military conflicts in which the United States is 
     currently engaged; and
       Whereas in time of war, each member of our armed forces may 
     have to pay the ultimate sacrifice in the performance of duty 
     to our nation; and
       Whereas an increase in the current Servicemembers' Group 
     Life Insurance (SGLI) program's maximum coverage amount of 
     $250,000 and an increase in the current $12,420 death 
     gratuity payment would greatly benefit the surviving family 
     of an armed forces member killed in action; and
       Whereas a program change to require the Federal Government 
     to pay the SGLI program's premiums for each armed forces 
     member would greatly benefit those men and women who served 
     our nation in times of need: Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     Congress of the United States to increase the military death 
     gratuity payment and the SGLI maximum benefit and to require 
     the Federal Government to pay the SGLI premiums for members 
     of our armed forces; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-43. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the Portsmouth Naval Shipyard 
     in Kittery, Maine; to the Committee on Armed Services.

                            Joint Resolution

       Whereas within the year, Secretary of Defense Donald 
     Rumsfeld, through the Base Realignment and Closure (BRAC) 
     Commission, will make recommendations about which military 
     installations are to be considered for closure in cost-
     cutting measures for the military; and
       Whereas the State of Maine has a distinct and important 
     military installation that is potentially at risk for 
     closure, the naval shipyard in Kittery, a shipyard located on 
     an island in the Piscataqua River between New Hampshire and 
     Maine, which specializes in maintaining and overhauling 
     nuclear submarines; and
       Whereas the Portsmouth Naval Shipyard in Kittery is one of 
     only 4 public shipyards in the nation, is vital to our 
     maritime strength and is of major importance to the local 
     economies of 3 states, employing almost 5,000 people from 
     Maine, New Hampshire and Massachusetts; and
       Whereas the naval shipyard in Kittery has unobstructed 
     access to the open ocean, delivers submarine overhauls ahead 
     of schedule, is in a very secure location and has the space 
     to accommodate more personnel and duties; and
       Whereas the people of the state of Maine have long been at 
     the forefront of our nation's defense, are first to join and 
     send troops in any conflict and have a strong tradition of 
     support and appreciation for the military bases within our 
     borders: Now, therefore, be it
       Resolved, That we, your memorialists, take this opportunity 
     to convey our appreciation for the advocacy and support for 
     the naval shipyard in Kittery that the Congress of the United 
     States and the Maine Congressional Delegation have provided 
     over the years, and we strongly urge the Congress of the 
     United States to consider the importance of the naval 
     shipyard in Kittery in this time of war on terrorism and the 
     vital need to protect our nation; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-44. A joint resolution adopted by the Legislature of 
     the State of Nevada relative to the sale of land in Nevada to 
     lower the federal deficit; to the Committee on the Budget.

                       Senate Joint Resolution 2

       Whereas in 1998, Congress passed the Southern Nevada Public 
     Land Management Act, Public Law No. 105-263, which allows the 
     Bureau of Land Management to sell certain federal lands in 
     Clark County, Nevada, for possible development, which also 
     allowing for the acquisition, conservation and protection of 
     environmentally sensitive lands in the State of Nevada; and
       Whereas at the time of the passage of the Act, and to this 
     day, the Las Vegas Metropolitan Area was the fastest growing 
     urban area in the United States, and the Act was passed in 
     response to that growth in an effort to offset negative 
     environmental impact on national recreational and 
     conservation areas surrounding the Las Vegas Valley; and
       Whereas under the provisions of the Act, 5 percent of the 
     profits from sales of the land is allocated to fund education 
     in Nevada, 10 percent is allocated for water and airport 
     infrastructure projects, and the remaining 85 percent is 
     deposited into an account to acquire other environmentally 
     sensitive land in Nevada, to develop a multispecies habitat 
     plan, to develop parks and trails and to provide for other 
     conservation initiatives; and
       Whereas the passage of the Southern Nevada Land Management 
     Act was intended to replace lost state revenue resulting from 
     84 percent of the land in the State of Nevada being owned by 
     the Federal Government at the time of the passage of the Act, 
     uniquely depriving this State of receiving any tax proceeds 
     from a substantial majority of the land located in this 
     State; and
       Whereas in addition to the benefits provided in Southern 
     Nevada and in other areas of the State where environmentally 
     sensitive lands have been acquired, the Lake Tahoe Basin is 
     now benefiting from a 2003 amendment to the Act which 
     allocated $300 million to be administered for the 
     preservation of the Lake Tahoe Basin, the first installment 
     of which was received in August 2004; and
       Whereas since the first auction of land in 1999, this 
     program has generated approximately $1.6 billion, which has 
     assisted the State of Nevada in funding education and 
     numerous land and water conservation projects, and in 
     acquiring environmentally sensitive lands; and
       Whereas in the face of a soaring federal deficit, estimated 
     at $527 billion, President Bush has proposed to change 
     federal law and reallocate 70 percent of the profits from the 
     land sales, generously approximated to reach $70 million in 
     future years, which would do little to offset the deficit; 
     and
       Whereas the loss of such a substantial source of revenue 
     for this State would have a direct and devastating impact on 
     the State, negatively impacting dozens of ongoing and future 
     projects: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     That the members of the Nevada Legislature urge President 
     Bush to reverse his position on this matter, abandoning his 
     proposal to divert from this State profits from the sales of 
     land in the State of Nevada that rightfully belong in this 
     State to replace lost revenue resulting from the uniquely 
     high percentage of federally owned property in this State; 
     and be it further
       Resolved, That Congress is similarly urged to reject this 
     portion of President Bush's budget proposal and to allow the 
     State of Nevada, its residents and visitors to be the sole 
     beneficiaries of the proceeds from the sales of land in 
     Nevada; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the Vice President of the United States as the 
     presiding officer of the United States Senate, the Speaker of 
     the House of Representatives, and each member of the Nevada 
     Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-45. A joint resolution adopted by the Legislative 
     Assembly of the State of Oregon relative to the Secure Rural 
     Schools and Community Self-Determination Act of 2000;

[[Page S4018]]

     to the Committee on Energy and Natural Resources.

                         House Joint Memorial 1

       Whereas the National Forest System, managed by the Forest 
     Service of the United States Department of Agriculture, was 
     established in 1907 and has grown to include approximately 
     192,000,000 acres of federal lands, of which more than 
     15,000,000 acres are in Oregon; and
       Whereas the revested Oregon and California Railroad (``O & 
     C'') grant lands and the reconveyed Coos Bay Wagon Road grant 
     lands, which are managed predominantly by the Bureau of Land 
     Management, were once in private ownership but were returned 
     to federal ownership in 1916 and 1919 and now comprise 
     approximately 2,600,000 acres of federal lands, all of which 
     are in Oregon; and
       Whereas Congress recognized that, by its decision to secure 
     these lands in federal ownership, the counties across the 
     United States where these lands are situated, of which 33 
     counties are located in Oregon, would be deprived of 
     opportunities for economic development and of tax revenues 
     they would otherwise receive if the lands were held in 
     private ownership; and
       Whereas these same counties have expended public funds year 
     after year to provide services such as road construction and 
     maintenance, search and rescue, law enforcement, waste 
     removal and fire protection that directly benefit these 
     federal lands and the people who use these lands; and
       Whereas to accord a measure of compensation to these 
     affected counties for the critical services they provide to 
     county residents and to visitors to these federal lands and 
     for the lost economic opportunities stemming from federal 
     ownership as compared to private ownership, Congress 
     determined that the federal government should share with 
     these counties a portion of the revenues the United States 
     receives from these federal lands; and
       Whereas Congress enacted in 1908 and subsequently amended a 
     law that requires that 25 percent of the revenues derived 
     from the National Forest System lands be paid to the states 
     for use by counties where the lands are situated for the 
     benefit of public schools and roads; and
       Whereas Congress enacted in 1937 and subsequently amended 
     the O & C Art (50 Stat. 874; 43 U.S.C. 1181 et seq.) that 
     requires that revenues derived from the O & C grant lands and 
     the Coos Bay Road grant lands be shared with the counties in 
     which those lands are situated and be used for a broad range 
     of essential public services as other county funds are used; 
     and
       Whereas Oregon counties dependent on and supportive of 
     these federal lands received and relied on shared revenues 
     from these lands for many decades to provide essential 
     funding for schools, road maintenance and other critical 
     public services; and
       Whereas in recent years, the principal source of these 
     revenues, federal timber sales, has been sharply curtailed, 
     and as the volume of timber sold annually from the federal 
     lands in Oregon has decreased substantially, so too have the 
     revenues shared with the affected counties, adversely 
     affecting funding for education, road maintenance and other 
     public programs and services; and
       Whereas in the Secure Rural Schools and Community Self-
     Determination Act of 2000, Congress recognized this trend and 
     temporarily mitigated the adverse consequences by providing 
     annual safety-net payments through 2006 to counties across 
     the United States, including all counties in Oregon that 
     traditionally shared in timber receipts from national forest 
     lands, O & C grant lands and Coos Bay Wagon Road grant lands; 
     and
       Whereas the authority for these safety-net payments will 
     expire in 2006, and, if that occurs and thereafter revenue 
     sharing is based on actual federal timber receipts, Oregon 
     will experience a net loss of more than $230 million per year 
     in payments for schools and counties under Titles I and III 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000, with associated losses of essential programs and 
     services and thousands of jobs in both the government and 
     private sectors, and will lose an additional $26 million per 
     year that is currently spent by counties on special projects 
     under Title II of the Secure Rural Schools and Community 
     Self-Determination Act of 2000, for a total loss of more than 
     $512 million per biennium, most of which is currently spent 
     on programs and services that the state would have no ability 
     to replace; and
       Whereas there is a need to maintain funding for education, 
     road maintenance and other public services through 
     predictable payments to the affected counties, as well as job 
     creation in those counties and other opportunities associated 
     with restoration, maintenance and stewardship of federal 
     lands available under the Secure Rural Schools and Community 
     Self-Determination Act of 2000: Now, therefore, be it
       Resolved by the Legislative Assembly of the State of 
     Oregon, That we, the members of the Seventy-third Legislative 
     Assembly, respectfully urge the Congress of the United States 
     to pass legislation that will reauthorize and extend the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 for an additional 10-year period through federal fiscal 
     year 2016, and that the Act be continued in its present form 
     and be funded through a mandatory, continuing appropriation; 
     and be it further
       Resolved, That a copy of this memorial shall be sent to the 
     President of the United States, to the Senate Majority Leader 
     and the Speaker of the House of Representatives and to each 
     member of the Oregon Congressional Delegation.
                                  ____

       POM-46. A joint resolution adopted by the Legislature of 
     the State of Wyoming relative to the funding match for a 
     flood control feasibility study in the Bear River Basin; to 
     the Committee on Environment and Public Works.

                           Joint Resolution 1

       Whereas the ongoing drought in the State of Wyoming and 
     surrounding states has a profound impact throughout the area, 
     including Bear River Basin. Bear Lake is the major reservoir 
     for containing floodwaters of the Bear River within the Bear 
     River Basin. The effects of drought in the Bear River Basin 
     could be significantly reduced in the event alternative 
     storage sites were available; and
       Whereas the Bear River Basin encompasses a portion of the 
     State of Wyoming. Originating in Utah's Uintah Mountains, the 
     Bear River crosses state boundaries five times, has 
     tributaries in Idaho, Utah and Wyoming, and ultimately 
     discharges into the Great Salt Lake; and
       Whereas the Bear River did not naturally divert into Bear 
     Lake. The Utah Sugar Company and the Telluride Power Company 
     first proposed diversion of the Bear River into Bear Lake for 
     water storage in 1898. That project was taken over by Utah 
     Power and Light for the purpose of producing hydropower. The 
     project, which included a diversion dam on the Bear River, a 
     canal, and a pumping station was completed in 1918; and
       Whereas a multi-state compact between the states of Idaho, 
     Utah and Wyoming, known as the Bear River Compact, was 
     entered into in 1958 and amended in 1980. The Compact governs 
     the operation of Bear River and, for management purposes, the 
     Compact divides the river into three segments. The three 
     segments are known as the upper division, located in Utah and 
     Wyoming, the central division, located in Wyoming and Idaho, 
     and the lower division, located in Idaho and Utah. The Bear 
     River Commission, made up of three members from each of the 
     Compact states, a Chairman appointed by the President of the 
     United States, and engineer/manager, manage the day-to-day 
     operation of the river; and
       Whereas as a result of two lawsuits against Utah Power and 
     Light Company during the 1970s, which claimed damaged to 
     crops due to flooding along Bear River, the power company is 
     under court order to keep Bear River within its banks. Based 
     on the court order, in the event the irrigation season ends 
     with Bear Lake above five thousand nine hundred eighteen 
     (5,918) feet in elevation, water is released downstream to 
     make room in Bear Lake for the spring runoff; and
       Whereas since the 1970s, millions of acre-feet of water 
     have been released from Bear Lake to provide capacity for 
     flood control. The most recent releases were in 1997, 1998, 
     and 1999; and
       Whereas lowering the elevation of Bear Lake for flood 
     control potentially also impacts water users in the upper and 
     central divisions. Under the Compact, storage allocations 
     under the amended Bear River Compact located in the upper 
     division are not allowed to fill whenever the elevation of 
     Bear Lake is below five thousand nine hundred eleven (5,911) 
     feet above sea level; and
       Whereas dredging has been necessary to provide water for 
     irrigation releases from Bear Lake due to low lake levels; 
     and
       Whereas if alternative storage sites were available, water 
     that is usually available during the spring runoff, could be 
     stored and could prevent any flooding of the Bear River. The 
     water could then be used for irrigation, domestic and 
     commercial development and recreation. Alternative storage 
     sites would provide for the conservation, preservation and 
     best utilization of the water to which the state is entitled. 
     This storage is desperately needed to allow residential, 
     commercial and municipal development in the Bear River 
     drainage without reducing irrigated agricultural lands; and
       Whereas the United States Army Corps of Engineers is the 
     federal agency responsible for flood control. The Corps has 
     indicated a willingness to conduct a feasibility study or 
     possible water storage sites upstream of Bear Lake, which 
     could be used for flood control of the Bear River. Costs of 
     the study could range from six hundred thousand dollars 
     ($600,000.00) to two million dollars ($2,000,000.00) 
     depending on the areas the study would include. The study 
     will require an equal match of federal and nonfederal funds. 
     However, with congressional approval, past local expenditures 
     may be used as the local match; and
       Whereas past local expenditures that have been made include 
     one hundred seventy-four thousand dollars ($174,000.00) by 
     the State of Wyoming for the Cokeville Reservoir Project on 
     Smith's Fork, three hundred fifty thousand dollars 
     ($350,000.00) by the State of Wyoming for the Bear River 
     Plan, and over two million ($2,000,000.00) of state funds 
     from Idaho, Wyoming, and Utah throughout the Bear River 
     Commission for stream gaging; and
       Whereas concerned citizens of the Bear River Drainage, 
     including the Bear Lake County Commissions, the Bear Lake 
     Regional Commission, Lake Watch, Inc., and Love Bear Lake, 
     Inc., are asking for Congressional approval to recognize past 
     expenditures as the local match to make the Corps

[[Page S4019]]

     of Engineers feasibility study possible: Now, therefore, be 
     it
       Resolved by the members of the legislature of the State of 
     Wyoming:
       Section 1. That Congress is urged to pass and vote for 
     legislation that will authorize and fund a feasibility study 
     by the United States Corps of Engineers relating to the 
     possibilities, benefits and costs of providing flood control 
     above Bear Lake.
       Section 2. That Congress is urged to allow and approve past 
     local expenditures, equivalent to fifty percent of the total 
     cost of the allowed and approved one hundred seventy-four 
     thousand dollars ($174,000.00) by the State of Wyoming for 
     the Cokeville Reservoir Project on Smith's Fork, three 
     hundred fifty thousand dollars ($350,000.00) by the State of 
     Wyoming for the Bear River Basin Plan and two million dollars 
     ($2,000,000.00) of state funds from Idaho, Wyoming and Utah 
     for stream gaging.
       Section 3. That the Secretary of State of Wyoming transmit 
     copies of this resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress and to 
     the Wyoming Congressional Delegation.
                                  ____

       POM-47. A resolution adopted by the Senate of the 
     Legislature of the State of New Jersey relative to the 
     Passaic River Restoration Initiative; to the Committee on 
     Environment and Public Works.

                          Senate Resolution 75

       Whereas the Passaic River Restoration Initiative (PRRI), a 
     new cooperative approach to restore the Passaic River, will 
     utilize the leadership of the United States Army Corps of 
     Engineers, in partnership with the United States 
     Environmental Protection Agency, and various concerned 
     federal, state and local agencies; and
       Whereas the Passaic River and its surrounding wetlands have 
     been degraded as a result of commercial growth in the State 
     that brought industrial development to the shores of the 
     Passaic River and surrounding properties; and
       Whereas the Passaic River, which traverses New Jersey 
     through Newark, is an ideal pilot project to showcase 
     nationally the restoration of urban waterways, wildlife 
     habitat, and one of America's most historic rivers; and
       Whereas the PRRI, the United States Army Corps of Engineers 
     will engage in a cooperative project planning and development 
     process to identify and apply feasible solutions to achieve 
     environmental restoration and economic revitalization of the 
     Passaic River; and
       Whereas the results of the project development process will 
     be incorporated in a report to Congress from the Chief of 
     Engineers as project implementation will require 
     authorization by Congress; and
       Whereas the PRRI is related to several other current major 
     federal initiatives, such as those under brownfields 
     redevelopment, the NY/NJ Harbor Estuary Program, and the 
     Natural Resources Damage Assessment and Restoration Program; 
     and
       Whereas on April 11, 2000 the Committee on Transportation 
     and Infrastructure in the United States House of 
     Representatives approved a resolution authorizing the United 
     States Army Corps of Engineers to conduct the Passaic River 
     Environmental Restoration reconnaissance study, which is 
     currently underway by the New York district of the United 
     States Army Corps of Engineers; and
       Whereas it is in the best interest of the State to support 
     the enactment of the Passaic River Restoration Initiative in 
     order to restore and preserve healthy environmental and 
     economic conditions in and along the Passaic River: Now, 
     therefore, be it
       Resolved by the Senate of the State of New Jersey:
       1. This House urges the United States Congress to support 
     the Passaic River Restoration Initiative in order to restore 
     and preserve the Passaic River to healthy environmental and 
     economic conditions, and to provide the funding for the 
     federal share of the project development process and the 
     necessary study funds of the United States Army Corps of 
     Engineers to advance the Passaic River Restoration 
     Initiative.
       2. Duly authenticated copies of this resolution, signed by 
     the President of the Senate and attested by the Secretary 
     thereof, shall be transmitted to the Vice President of the 
     United States, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and the United States House of 
     Representatives, and each member of Congress elected from 
     this State.
                                  ____

       POM-48. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to highway reauthorization legislation; to the 
     Committee on Environment and Public Works.

                          House Resolution 31

       Whereas the sixth short-term extension of the federal road 
     and transit funding authorization act known as the 
     Transportation Equity Act for the 21st Century, or TEA 21, 
     expires on May 31, 2005. The uncertainty regarding long-term 
     federal funding hampers Michigan's ability to effectively 
     plan investments in infrastructure and may contribute to 
     delays in critical highway and transit projects; and
       Whereas Michigan has long been a ``donor state,'' 
     contributing a greater share to the Federal Highway Trust 
     Fund and Mass Transit Account than the share of federal 
     transportation funds returned for use in Michigan; and
       Whereas last session, the United States Senate passed 
     highway reauthorization legislation that would have provided 
     $318 billion for highways and transit systems nationwide over 
     six years and increased Michigan's rate of return on our 
     federal transportation taxes from 90.5 percent to 95 percent. 
     In addition, the bill would have provided up to $300 million 
     more for Michigan transportation systems each year, and could 
     have created several thousand new jobs. The House passed 
     reauthorizing legislation that would have provided $284 
     billion for highways and transit systems and would have 
     reduced Michigan's rate of return below the current level of 
     90.5 percent. The Conference Committee narrowed the funding 
     difference to between $284 and $299 billion, but left 
     unresolved the question of funding equity for donor states 
     such as Michigan: Now, therefore, be it
       Resolved by the House, That we memorialize Congress to 
     enact highway reauthorization legislation with a level of 
     funding that closes the gap between federal fuel tax dollars 
     paid by Michigan motorists and dollars received to address 
     Michigan's transportation needs; 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-49. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to highway 
     reauthorization legislation; to the Committee on Environment 
     and Public Works.

                          Senate Resolution 14

       Whereas the sixth short-term extension of the federal road 
     and transit funding authorization act known as the 
     Transportation Equity Act for the 21st Century, or TEA 21, 
     expires on May 31, 2005. The uncertainty regarding long-term 
     federal funding hampers Michigan's ability to effectively 
     plan investments in infrastructure and may contribute to 
     delays in critical highway and transit projects; and
       Whereas Michigan has long been a ``donor state,'' 
     contributing a greater share to the Federal Highway Trust 
     Fund and Mass Transit Account than the share of federal 
     transportation funds returned for use in Michigan; and
       Whereas last session, the United States Senate passed 
     highway reauthorization legislation that would have provided 
     $318 billion for highways and transit systems nationwide over 
     six years and increased Michigan's rate of return on our 
     federal transportation taxes from 90.5 percent to 95 percent. 
     In addition, the bill would have provided up to $300 million 
     more for Michigan transportation systems each year, and could 
     have created several thousand new jobs. The House passed 
     reauthorizing legislation that would have provided $284 
     billion for highways and transit systems and would have 
     reduced Michigan's rate of return below the current level of 
     90.5 percent. The Conference Committee narrowed the funding 
     difference to between $284 and $299 billion, but left 
     unresolved the question of funding equity for donor states 
     such as Michigan: Now, therefore, be it
       Resolved by the Senate, That we memorialize Congress to 
     enact highway reauthorization legislation with a level of 
     funding that closes the gap between federal fuel tax dollars 
     paid by Michigan motorists and dollars received to address 
     Michigan's transportation needs; 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-50. A resolution adopted by the Legislature of the 
     State of Arizona relative to the Collegiate Housing and 
     Infrastructure Act; to the Committee on Finance.

                          Senate Memorial 1001

       Whereas colleges and universities nationwide are 
     experiencing severe housing shortages due to increasing 
     student enrollment; and
       Whereas dormitory rooms are filled to capacity, requiring 
     colleges and universities to employ such creative housing 
     measures as placing students in student lounges and study 
     rooms, converting two-student rooms into three-student rooms 
     and housing students in nearby hotels; and
       Whereas quality collegiate housing options will become an 
     even greater challenge if current predictions, that 
     postsecondary enrollment will increase fifteen percent 
     between 1999 and 2011, hold true; and
       Whereas fraternities and sororities greatly help alleviate 
     the housing burden of colleges and universities by housing 
     250,000 students each year. Yet fraternal housing faces 
     several unique challenges in accommodating student 
     populations, particularly the lack of funds to install badly 
     needed safety upgrades; and
       Whereas the Collegiate Housing and Infrastructure Act (S. 
     1246/H.R. 1523), introduced in April 2003, would allow tax-
     deductible charitable contributions to fraternity and 
     sorority foundations to be used to add such fraternal housing 
     improvements as fire sprinklers, new roofing and security 
     equipment, along with other infrastructure improvements. The 
     passage of this important

[[Page S4020]]

     legislation would allow fraternal educational foundations to 
     use tax-deductible charitable contributions to make the same 
     student infrastructure improvements that colleges and 
     universities currently can make with tax-deductible funds; 
     and
       Whereas the Collegiate Housing and Infrastructure Act is 
     critical to ensuring the long-term availability and safety of 
     collegiate and university housing nationwide.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, prays:
       1. That the Congress and President of the United States 
     take immediate steps to ensure the passage and enactment of 
     the Collegiate Housing and Infrastructure Act.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States, 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-51. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to grants received as payment for 
     damage done by natural disaster; to the Committee on Finance.

                          House Resolution 84

       Whereas the Internal Revenue Service has recently issued a 
     ruling that grant moneys received by homeowners who incurred 
     damage due to a natural disaster shall include those payments 
     as gross income under section 61 of the Internal Revenue Code 
     and therefore subject the payments to Federal income 
     taxation; and
       Whereas many homeowners in the Commonwealth of Pennsylvania 
     incurred flood damage due to the 2004 hurricane season; and
       Whereas at least 19 homeowners along the Neshaminy Creek 
     have received grants to elevate their homes in accordance 
     with the Federal Emergency Management Agency Hazard 
     Mitigation Grant Program; and
       Whereas the Federal income tax burden on these homeowners, 
     who are required to include the emergency grant payments in 
     their income, could total several thousand dollars; and
       Whereas the Internal Revenue Service may try to make its 
     ruling apply retroactively, further impacting homeowners who 
     have received emergency grant payments in the past: Therefore 
     be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress to direct the 
     Internal Revenue Service to rescind its ruling that certain 
     emergency grant payments be subject to Federal income tax; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-52. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the reform of Social Security 
     offsets of the government pension offset and the windfall 
     elimination provision; to the Committee on Finance.

                            Joint Resolution

       Whereas under current federal law, individuals who receive 
     a Social Security benefit and a public retirement benefit 
     derived from employment not covered under Social Security are 
     subject to a reduction in the Social Security benefits; and
       Whereas these laws, contained in the federal Social 
     Security Act, 42 United States Code, Chapter 7, Subchapter 
     II, Federal Old-Age, Survivors, and Disability Insurance 
     Benefits, and known as the Government Pension Offset and the 
     Windfall Elimination Provision, greatly affect public 
     employees, particularly women; and
       Whereas the Windfall Elimination Provision reduces by a 
     formula the Social Security benefit of a person who is also 
     receiving a pension from a public employer that does not 
     participate in Social Security; and
       Whereas the Government Pension Offset and the Windfall 
     Elimination Provision are particularly burdensome on the 
     finances of low-income and moderate-income public service 
     workers, such as school teachers, clerical workers and school 
     cafeteria employees, whose wages are low to start; and
       Whereas the Government Pension Offset and the Windfall 
     Elimination Provision both unfairly reduce benefits for those 
     public employees and their spouses whose careers cross the 
     line between the private and public sectors; and
       Whereas since many lower-paying public service jobs are 
     held by women, both the Government Pension Offset and the 
     Windfall Elimination Provision have a disproportionately 
     adverse effect on women; and
       Whereas in some cases, additional support in the form of 
     income, housing, heating and prescription drug and other 
     safety net assistance from state and local governments is 
     needed to make up for the reductions imposed at the federal 
     level; and
       Whereas other participants in Social Security do not have 
     their benefits reduced in this manner; and
       Whereas to participate or not to participate in Social 
     Security in public sector employment is a decision of 
     employers, even though both the Government Pension Offset and 
     the Windfall Elimination Provision directly punish employees 
     and their spouses; and
       Whereas although the Government Pension Offset was enacted 
     in 1977 and the Windfall Elimination Provision was enacted in 
     1983, many of the benefits in dispute were paid into Social 
     Security prior to that time; and
       Whereas bills are present in Congress in both the House of 
     Representatives and the Senate, known as ``The Social 
     Security Fairness Acts,'' that would amend the federal Social 
     Security Act, 42 United States Code, Chapter 7, Subchapter II 
     and totally repeal both the Government Pension Offset and the 
     Windfall Elimination Provision: Now, therefore, be it
       Resolved, That we, your memorialists, request that the 
     President of the United States and the United States Congress 
     work together to support reform proposals that include the 
     following protections for low-income and moderate-income 
     government retirees:
       1. Protections permitting retention of a combined public 
     pension and Social Security benefits with no applied 
     reductions;
       2. Protections permanently ensuring that level of benefits 
     by indexing it to inflation; and
       3. Protections ensuring that no current recipient's benefit 
     is reduced by the reform legislation; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be 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 of the United States; and each 
     Member of the Maine Congressional Delegation.
                                  ____

       POM-53. A joint memorial adopted by the Legislature of the 
     State of Idaho relative to the Pocatello Proton Accelerator 
     Cancer Treatment Facility in Pocatello, Idaho; to the 
     Committee on Health, Education, Labor, and Pensions.

                         House Joint Memorial 3

       Whereas proton therapy is a form of radiation that provides 
     numerous advantages over conventional radiation and surgery 
     in the treatment of many cancers, some of which are not 
     otherwise treatable, based on the fact that it is 
     noninvasive, painless and is performed on an outpatient 
     basis. Protons provide a superior dose to tumors while 
     sparing surrounding healthy tissue, eliminating painful and 
     life-impairing side effects associated with surgery and other 
     forms of radiation therapy; and
       Whereas Loma Linda University Medical Center located in 
     California, established a research team in 1987 for the 
     purpose of developing and designing the world's first proton 
     beam treatment center. The research team, now known as 
     ``Optivus,'' maintains exclusive worldwide rights to the Loma 
     Linda University Medical Center proprietary technology. In 
     over a decade, the facility at Loma Linda University Medical 
     Center has delivered in excess of 200,000 patient treatments 
     and the market for the technology continues to grow; and
       Whereas the concept of a proton accelerator cancer 
     treatment facility in Pocatello, Idaho, has been under study 
     for a number of years; and
       Whereas the Portneuf Medical Center, located in Pocatello, 
     Idaho, is in the process of an eight-year expansion program 
     with a goal of providing a single hospital facility with many 
     services decentralized into five centers of excellence; and
       Whereas Optivus has the expertise to deliver, operate and 
     maintain a proton beam treatment center, with FDA cleared 
     technology, capable of delivering a high volume of patient 
     treatments each year in Pocatello, Idaho; and
       Whereas the City of Pocatello, Bannock County, Portneuf 
     Medical Center, and other available resources have agreed, in 
     concept, to provide support for the development of the 
     Pocatello Proton Accelerator Cancer Treatment Facility at or 
     near the campus of the new Portneuf Medical Center; and
       Whereas the facility will provide state-of-the-art medical 
     services to the communities of rural Idaho, the surrounding 
     states, and other national and international markets for 
     cancer treatment, as well as create numerous high paying jobs 
     and generate significant revenue for the local economy; and
       Whereas funding for the facility will be secured through a 
     combination of funds, debt and/or financial guarantees: Now, 
     therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-eighth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, That we urge the President 
     and Congress to vigorously support the campaign to develop 
     the Pocatello Proton Accelerator Cancer Treatment Facility in 
     Pocatello, Idaho, supporting the concept that rural health is 
     a significant issue affecting every rural community in this 
     nation and that the development of the Pocatello Proton 
     Accelerator Cancer Treatment Facility will not only provide 
     much needed medical care to rural Idaho, but also to 
     surrounding states and other national and international 
     markets; 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 
     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-54. A resolution adopted by the Senate of the 
     Legislature of the State of New Jersey relative to the 
     reauthorization of the assault weapons ban; to the Committee 
     on the Judiciary.

[[Page S4021]]

                          Senate Resolution 84

       Whereas the provision included in the federal Violent Crime 
     Control and Law Enforcement Act of 1994 which banned the sale 
     of semi-automatic assault weapons is set to expire on 
     September 13, 2004; and
       Whereas the assault weapons covered by the ban are not 
     designed for sport use, but incorporate military features 
     intended for combat in a war setting; and
       Whereas the ban not only required domestic gun 
     manufacturers to stop producing semi-automatic assault 
     weapons and ammunition clips which held more than 10 rounds, 
     except for military or police use, but also halted imports of 
     assault weapons not already banned; and
       Whereas prior to their ban, semi-automatic assault weapons 
     had become the ``weapon of choice'' for drug traffickers, 
     gangs and paramilitary extremist groups; and
       Whereas many major national law enforcement organizations 
     support the federal assault weapons ban, in light of their 
     high firepower and ability to penetrate body armor; and
       Whereas one in five police officers slain in the line of 
     duty during the years 1998 through 2001 were killed with an 
     assault weapon; and
       Whereas assault rifles have been used in some of the 
     nation's most shocking crimes, including the Stockton 
     schoolyard massacre, the CIA headquarters shootings, and the 
     Branch-Davidian standoff in Waco, Texas; and
       Whereas the continuing confiscation of assault weapons from 
     crime scenes will result in criminals having less access to 
     these dangerous weapons; and
       Whereas there are various bills pending in Congress which 
     would have the affect of reauthorizing the assault weapons 
     ban, including a proposal to postpone the sunset of the 
     provision for ten years and another to repeal the sunset date 
     entirely: Now therefore, be it
       Resolved by the Senate of the State of New Jersey:
       1. The President and the Congress of the United States are 
     urged to enact a reauthorization the assault weapons ban. The 
     members of this State's Congressional delegation are urged to 
     work diligently to achieve the enactment of this legislation.
       2. Duly authenticated copies of this resolution, signed by 
     the President of the Senate and attested by the Secretary 
     thereof, shall be transmitted to the Vice President of the 
     United States, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and the United States House of 
     Representatives, and each member of Congress elected from 
     this State.
                                  ____

       POM-55. A resolution adopted by the City Commission of the 
     City of Lauderdale Lakes of the State of Florida relative to 
     the community development block grant program (``CDBG''); to 
     the Committee on Banking, Housing, and Urban Affairs.

                          ____________________