[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 12855-12862]
[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-87 A joint memorial adopted by the Legislature of the 
     State of Washington relative to the importation of Canadian 
     beef and the reestablishment of export markets for United 
     States beef; to the Committee on Agriculture, Nutrition, and 
     Forestry.

                       Senate Joint Memorial 8010

       Whereas, On January 4, 2005, the United States Department 
     of Agriculture proposed a rule to reopen on March 7, 2005, 
     the United States border to the importation of Canadian live 
     cattle and processed beef products; and
       Whereas, On January 11, 2005, Canada announced that yet 
     another cow in Alberta tested positive for bovine spongiform 
     encephalopathy (BSE); and
       Whereas, The United States Department of Agriculture has 
     dispatched a technical team to Canada to investigate the 
     circumstances that resulted in this additional infection 
     including effective enforcement by Canada of the 1997 
     ruminant-to-ruminant feed ban; and
       Whereas, The only incident in the United States where a cow 
     tested positive with BSE was on December 23, 2003, and that 
     animal originated in Canada and unfortunately was shipped 
     into Washington State; and
       Whereas, The severe ramifications caused by this single 
     animal was the closure by many foreign markets to beef 
     produced within the United States; and
       Whereas, Although progress has been made in reestablishing 
     trust with our Asian trading partners, many of these bans to 
     the import of beef from the United States continue in effect 
     thirteen months after this single incident; and
       Whereas, Even though the United States has commenced a 
     major BSE testing program and no cattle indigenous to the 
     United States have been detected to have BSE, once these 
     foreign markets are closed, they have remained closed for 
     prolonged periods of time; and
       WHEREAS, Consumers in the United States continue to have 
     confidence in beef produced in the United States and 
     maintaining the safety of food supplies is the paramount 
     concern to state and federal governmental officials; and
       Whereas, Reestablishing trust with our trading partners and 
     reopening export markets is of paramount importance to the 
     American beef industry; and
       Whereas, On February 25, 2005, the United States Department 
     of Agriculture announced the results of the ``science-based'' 
     decision to adopt the rule to lift the ban on importation of 
     Canadian beef, for which a temporary injunction was 
     immediately issued against the United States Department of 
     Agriculture decision by a federal district court on February 
     28, 2005, and for which the United States Senate approved on 
     March 3, 2005, Senate Joint Resolution 4 to nullify the 
     United States Department of Agriculture rule: Now, Therefore, 
     Your Memorialists respectfully pray that the United States 
     Department of Agriculture: (1) Reaffirm to the Congress and 
     the courts that the rule to lift the limited ban on 
     importation of Canadian beef is based on sound scientific 
     proof that consumer safety and animal health in the United 
     States will be maintained; and (2) redouble its efforts to 
     swiftly and successfully conclude negotiations with our 
     trading partners to reestablish critical export markets for 
     United States beef based on the same sound science, be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the Secretary of the United States Department 
     of Agriculture, Mike Johanns, the President of the United 
     States Senate, the Speaker of the House of Representatives, 
     and each member of Congress from the State of Washington.
                                  ____

       POM-88. A joint resolution adopted by the General Assembly 
     of the State of Tennessee relative to the awarding of the 
     Congressional Medal of Honor; to the Committee on Armed 
     Services.

                       House Joint Resolution 146

       Whereas, First Lieutenant Garlin Murl Conner was a native 
     of Clinton County, Kentucky, who served with distinction and 
     valor in the United States Army during World War II; and
       Whereas, Kentucky Congressman Ed Whitfield has introduced 
     H.R. 605 in the 109th Congress to authorize the President to 
     award a Medal of Honor posthumously to First Lieutenant 
     Garlin Murl Conner; and
       Whereas, Lieutenant Garlin Murl Conner is Kentucky's most 
     decorated war hero, who served on the front lines for more 
     than eight hundred days in eight major campaigns; he was 
     wounded seven times, but returned to combat and continued to 
     fight on the front lines after each incidence; and
       Whereas, during World War II, more than forty 3rd Division 
     soldiers received Medals of Honor, more than any other 
     Division; however, Lieutenant Garlin Murl Conner was not 
     awarded the Medal of Honor due to an oversight and a failure 
     to process the paperwork; and
       Whereas, Lieutenant Conner served in the 3rd Infantry 
     Division with Audie L. Murphy, America's most decorated war 
     hero; compared to Audie L. Murphy, Lieutenant Conner was 
     awarded more Silver Stars for acts of valor, fought in more 
     campaigns, served on the front lines for a longer period of 
     time, and was wounded more times. Lieutenant Conner was 
     awarded many honors, including the Distinguished Service 
     Cross, the Silver Star with three Oak Leaf Clusters, the 
     Bronze Star, the Purple Heart with six Oak Leaf Clusters, and 
     other medals; and
       Whereas, on June 20, 1945, Lieutenant Conner was awarded 
     the Croix de Guerre, the French Medal of Honor, which was 
     also awarded to Sergeant Alvin C. York, America's most 
     decorated World War I soldier. Lieutenant Conner and Sergeant 
     York were friends who lived only a few miles apart on the 
     Kentucky-Tennessee border; and
       Whereas, Stephen Ambrose, America's foremost World War II 
     historian, founder of the D-Day Museum in New Orleans, 
     Louisiana, and author of many books, wrote on November 11, 
     2000, ``I am in complete support of the effort to make 
     Lieutenant Garlin M. Conner a Medal of Honor recipient. What 
     he did in stopping the German assault near Houssen, France, 
     in January, 1945, was far above the call of duty. I've met 
     and talked at length with many Medal of Honor recipients and 
     am sure they would all agree that Lieutenant Conner more than 
     deserves the honor of joining them''; and
       Whereas, on April 3, 2001, the 3rd Infantry Division 
     leaders named the new EAGLE BASE in Bosnia-Herzegovina after 
     Lieutenant Conner because of his gallantry in World War II 
     and because ``It's a company-grade forward operating base 
     named after a soldier with a company-grade rank''; and
       Whereas, Richard Chilton, a former Green Beret from Genoa 
     City, Wisconsin, has been on a mission since 1996 to have the 
     Medal of Honor awarded to Lieutenant Conner; his research has 
     documented that Lieutenant Conner is one of the great combat 
     heroes of World War II, equal in every way to Audie Murphy; 
     and
       Whereas, Mr. Chilton has made presentations to dozens of 
     schools about Lieutenant Conner's war record and has copies 
     of over 2,500 letters written by students to President George 
     W. Bush requesting the Medal of Honor be awarded to 
     Lieutenant Conner; after reviewing Mr. Chilton's information, 
     a host of war veterans have written Congress requesting 
     passage of legislation to award the Medal of Honor to one of 
     America's greatest Citizen Soldiers, Lieutenant Garlin Murl 
     Conner: Now, therefore, be it
       Resolved by the House of Representatives of the One Hundred 
     Fourth General Assembly of the State of Tennessee, the Senate 
     Concurring, That this Body urges the United States Congress 
     to enact legislation authorizing the President to 
     posthumously award a Medal of Honor to First Lieutenant 
     Garlin Murl Conner, United States Army, be it further
       Resolved, That enrolled copies of this resolution be 
     delivered to: Congressman Duncan Hunter, Chairman of the 
     House Armed Services Committee; the Speaker and the Clerk of 
     the House of Representatives of the United States; the 
     President and the Secretary of the Senate of the United 
     States; each member of the Tennessee Congressional 
     Delegation; and the widow of First Lieutenant Garlin Murl 
     Conner, Mrs. Pauline W. Conner.
                                  ____

       POM-89. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the exclusion of the Youngstown 
     Joint Air Reserve Station in Vienna Township, Ohio from the 
     list of base closures for the Base Realignment and Closure 
     process; to the Committee on Armed Services.

                (Senate Concurrent Resolution Number 13)

       Whereas, the Youngstown Joint Air Reserve Station in Vienna 
     Township, Ohio, is the home of the 910th Airlift Wing and 
     supports national objectives by providing mission-ready C-130 
     airlift forces, state-of-the-art C-130 aerial spray 
     capability, and a premier air reserve station with modern 
     facilities as a part of its mission. The Station also hosts a 
     Navy-Marine Corps Reserve Center; and

[[Page 12856]]

       Whereas, In addition to its mission, 910th Airlift Wing 
     participates in a variety of community events, including the 
     unit's ``Pilot for a Day'' program; and
       Whereas, Congress authorized a new round of the Base 
     Realignment and Closure process (BRAC) to occur this year, 
     which has the potential to affect the Youngstown Air Reserve 
     Station and the surrounding communities that support the 
     station; and
       Whereas, The Youngstown Joint Air Reserve Station is a key 
     component of the community, having approximately 1,300 
     drilling members in the 910th Airlift Wing and hosting 
     approximately 400 Naval and Marine Corps Reservists: Now, 
     therefore, be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports the Youngstown Joint Air Reserve Station and 
     firmly believes that the Station should not be included in 
     the Defense Base Closure and Realignment Commission's list of 
     proposed installations to be closed, as it is a valuable 
     asset to the state of Ohio and the defense of our nation, and 
     memorializes Congress to take appropriate action so that this 
     station is not included in the Commission's closure list; and 
     be it further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-90. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the exclusion of the Wright-
     Patterson Air Force Base from the list of base closures for 
     the Base Realignment and Closure process; to the Committee on 
     Armed Services.

                (Senate Concurrent Resolution Number 11)

       Whereas, Wright-Patterson Air Force Base is one of the 
     largest and most complex air force bases in the United States 
     and has a wide range of missions, including handling many 
     diverse defense-related activities and developing the weapons 
     systems of the future; and
       Whereas, Wright-Patterson Air Force Base is the birthplace 
     of aeroscience and is a leader in aerospace research for the 
     Air Force, as the base includes the Air Force Research 
     Laboratory, the foremost aeronautical and aerospace research 
     organization in the Air Force; and
       Whereas, Thousands of students train each year at the Air 
     Force Institute of Technology and millions of people visit 
     the Air Force Museum, both of which are located at the base, 
     and both aid in the economy of the region; and
       Whereas, Wright-Patterson Air Force Base is the fifth 
     largest employer in Ohio, employing approximately 22,000 
     people, and the closure of this base would have a devastating 
     economic impact in the local community and the state; and
       Whereas, Congress authorized a new round of the Base 
     Realignment and Closure process (BRAC) to occur this year, 
     which has the potential to affect Wright-Patterson Air Force 
     Base and the surrounding communities that support the base; 
     now therefore be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports Wright-Patterson Air Force Base and firmly 
     believes that the base should not be included in the Defense 
     Base Closure and Realignment Commission's list of proposed 
     bases to be closed, as it is a valuable asset to the state of 
     Ohio and the defense of our nation, and memorializes Congress 
     to take appropriate action so that this base is not included 
     in. the Commission's closure list; and be it further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-91. A resolution adopted by the General Assembly of the 
     State of Ohio relative to the funding of the Joint Systems 
     Manufacturing Center in Lima, Ohio through the Base 
     Realignment and Closure process; to the Committee on Armed 
     Services.

                (Senate Concurrent Resolution Number 7)

       Whereas, The Joint Systems Manufacturing Center in Lima, 
     Ohio, formally known as the Lima Army Tank Plant, produces a 
     variety of anned combat vehicles and defense systems for the 
     Army, Navy, and Marine Corps; and
       Whereas, The Joint Systems Manufacturing Center is the only 
     tank production facility in the United States and has the 
     largest machining and fabrication product envelope in the 
     United States Department of Defense; and
       Whereas, Congress authorized a new round of the Base 
     Realignment and Closure process to occur this year, which has 
     the potential to affect the Joint Systems Manufacturing 
     Center and the community of Lima that supports the Center; 
     and
       Whereas, The Joint Systems Manufacturing Center employs 
     approximately 700 individuals and has an annual economic 
     impact of $246 million; Now, therefore, be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports the Joint Systems Manufacturing Center in Lima, 
     Ohio, and memorializes Congress to take appropriate action so 
     that funding to the Center is not reduced through the Base 
     Realignment and Closure process; and be it further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-92. A joint resolution adopted by the Legislature of 
     the State of California relative to the Lemoore Military 
     Operations Area (MOA) Initiative; to the Committee on Armed 
     Services.

                     Senate Joint Resolution No. 1

       Whereas, The United States Navy at Naval Air Station (NAS) 
     Lemoore in joint partnership with the California Air National 
     Guard (CANG) 144th Fighter Wing, Fresno, have proposed the 
     establishment of a new Military Operations Area. (MOA) over 
     NAS Lemoore to satisfy many critical national defense 
     training requirements, the Lemoore MOA Initiative; and
       Whereas, The current price of military aircraft training in 
     the existing training environment is substantial. The cost 
     per flight hour of military aircraft is high. The current 
     need to travel long distances to secure needed training 
     requires large amounts of fuel and time to transit to and 
     from the training location. Current training locations are 
     increasingly crowded with other joint users of the training 
     airspaces, which interferes with the quality of training and 
     the safety of these training events. The current need of our 
     military personnel to travel within the United States to 
     secure needed training unavailable in the current training 
     environment increases their time away from home, in a time 
     where they are already overtaxed with overseas commitments; 
     and
       Whereas, The benefits of training in the new Lemoore MOA 
     would be substantial because pilots would train closer to 
     home base and reduce the costs of longer transits to existing 
     training locations. The establishment of an additional, new 
     training airspace location would relieve the pressure on the 
     existing training locations increasing their training quality 
     and safety. Our military personnel would have reduced 
     requirements to travel away from home to secure needed 
     training. It is estimated that up to 30 million taxpayer 
     dollars annually could be saved or better utilized in 
     training for national defense requirements. The increase in 
     military service member morale resulting from fewer training 
     deployments from home would also be significant; and
       Whereas, The existing NAS Lemoore Air Traffic Control (ATC) 
     airspace already exists and is approximately 30 nautical 
     miles by 70 nautical miles to support current NAS Lemoore 
     airport operations. The Lemoore MOA Initiative would allow 
     tactical training flights inside this existing airspace. No 
     supersonic, weapons employment, or aggressive maneuvering 
     flights over populated areas will be allowed in the new 
     airspace; and
       Whereas, It is estimated that the high altitudes of the 
     desired training flights and the sparsely populated rural 
     environment of the land below the Lemoore MOA will have 
     minimal environmental impact. To ensure this, the Navy in 
     cooperation with the Federal Aviation Administration (FAA) is 
     completing an Environmental Assessment (EA). The Lemoore MOA 
     would not increase air emissions for the State Implementation 
     Plan. Military training flights over the Sierra Nevada 
     Mountains, including wilderness areas and the Sequoia and 
     Kings Canyon National Parks, could be reduced if some of 
     these flights were redirected to the Lemoore MOA; and
       Whereas, The impact of the Lemoore MOA Initiative on the 
     current civilian air traffic environment is considered 
     minimal. The Navy in conjunction with the FAA is completing 
     an operational analysis on both military and civilian air 
     traffic patterns within the vicinity of NAS Lemoore. The 
     footprint of the Lemoore MOA does not impact most air traffic 
     flows; and,
       Whereas, Both the Navy and FAA are conducting outreach 
     programs to the civilian aviation community to explain that 
     the Lemoore MOA Initiative will allow for simultaneous 
     military and civilian use of designated training airspace. 
     These outreach programs are also informing civilian pilots 
     that the Lemoore MOA will be managed in real time in an 
     effort to prevent a conflict between military and civilian 
     aircraft: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California urges the President and the Congress of the United 
     States to support the establishment of the

[[Page 12857]]

     Lemoore Military Operations Area, for joint use by military 
     aircraft from both the Naval Air Station Lemoore and the 
     California Air National Guard, Fresno; and be it further
       Resolved, That the California Legislature requests that the 
     Federal Aviation Administration approve the creation of the 
     Lemoore MOA as quickly as possible and that the California 
     Congressional delegation pursue all efforts to ensure that 
     the Lemoore MOA is established; and be it further
       Resolved, That the Secretary, of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, each Senator and Representative from 
     California in the Congress of the United States, the 
     Administrator of the Federal Aviation Administration, the 
     Secretary of Defense, the Secretary of the Navy, the 
     Secretary of the Air Force, and both author for appropriate 
     distribution.
                                  ____

       POM-93. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Hawaii 
     relative to Federal Community Block Grant Funding for fiscal 
     year 2006; to the Committee on Banking, Housing, and Urban 
     Affairs.

                            House Resolution

       Whereas, the federal Community Development Block Grant 
     Program (Program) was initiated with the passage of the 
     Housing and Community Development Act of 1974, Public Law 93-
     383, and is one of the oldest programs in the Department of 
     Housing and Urban Development (HUD); and
       Whereas, the Program provides annual grants on a formula 
     basis to many different types of grantees through several 
     programs such as:
       (1) Entitlement Communities, which provides annual grants 
     on a formula basis to entitled cities and counties to develop 
     viable urban communities by providing decent housing and a 
     suitable living environment and by expanding economic 
     opportunities, principally for low- and moderate-income 
     persons;
       (2) State Administered Community Development Block Grant, 
     which awards grants only to units of general local government 
     that carry out development activities in participating states 
     that develop annual funding priorities and criteria for 
     selecting projects;
       (3) Section 108 Loan Guarantee Program, which allows 
     Program entitlement communities to apply for a guarantee, and 
     is available to Program non-entitlement communities if its 
     state agrees to pledge the block grant funds necessary to 
     secure the loan;
       (4) Department of Housing and Urban Development-
     Administered Small Cities Program for non-entitlement areas 
     in the State of Hawaii directly administered by HUD's Hawaii 
     State Office in Honolulu;
       (5) Insular Areas Program, which provides grants to four 
     designated areas, including American Samoa, Guam, the 
     Northern Mariana Islands, and the Virgin Islands;
       (6) Disaster Recovery Assistance, in which HUD provides 
     flexible grants to help cities, counties, and states recover 
     from disasters declared by the President, especially in low-
     income areas, subject to availability of supplemental 
     appropriations;
       (7) Colonias, which allows Texas, Arizona, California, and 
     New Mexico to set aside up to ten percent of their state 
     Program funds for use in colonias; and
       (8) Renewal Communities/Empowerment Zones/Enterprise 
     Communities, a program with an innovative approach to 
     revitalization, bringing communities together through public 
     and private partnerships to attract the investment necessary 
     for sustainable economic and community development; and
       Whereas, to be eligible, not less than 70 percent of the 
     Community Development Block Grant funds must be used for 
     activities that benefit low- and moderate-income persons over 
     a one-, two-, or three-year period selected by the grantee; 
     and
       Whereas, all activities must meet one of the following 
     national objectives to be eligible for the Program: (1) 
     Benefit low- and moderate-income persons; (2) Prevention or 
     elimination of slums or blight; and (3) Community development 
     needs having a particular urgency because existing conditions 
     pose a serious and immediate threat to the health or welfare 
     of the community; and
       Whereas, the Program works largely without fanfare or 
     recognition to ensure decent affordable housing for all, to 
     provide services to the most vulnerable in our communities, 
     and to create jobs and expand business opportunities; and
       Whereas, the Program is an important tool in helping local 
     governments tackle the most serious challenges facing their 
     communities and has made a difference in the lives of 
     millions of people living in communities all across this 
     country; and
       Whereas, the fiscal year 2006 budget offered by the Bush 
     Administration eliminates the Program in its entirety by 
     combining it along with 17 other programs into two new 
     programs, reducing funding for the consolidated programs to 
     $3,700,000,000 and moving them to the Department of Commerce, 
     which has no experience in community development; and
       Whereas, the City and County of Honolulu, and the counties 
     of Hawaii, Maui, and Kauai all receive Program grants from 
     HUD and have used the grants to provide a plethora of much-
     needed facilities and services that have benefited low- and 
     moderate-income household across the State; and
       Whereas, elimination of the Program has been denounced by 
     the United States Conference of Mayors, National Association 
     of Counties, National Association of Housing and 
     Redevelopment Officials, National League of Cities, National 
     Community Development Association, and Local Initiatives 
     Support Corporation: Now, therefore, be it
       Resolved by the House of Representatives of the Twenty-
     third Legislature of the State of Hawaii, Regular Session of 
     2005, That the Legislature expresses its strong support of 
     the Program and urges the United States Congress not to cut 
     federal Program funding as proposed by the Bush 
     Administration in the fiscal year 2006 federal budget and to 
     support its restoration into the HUD budget at its current 
     funding level of $4,700,000,000; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States, Vice-
     President of the United States, Speaker of the United States 
     House of Representatives, members of Hawaii's Congressional 
     delegation, HUD Assistant Secretary for Public and Indian 
     Housing, the Governor, and mayor of each county.
                                  ____

       POM-94. A joint resolution adopted by the House of the 
     Legislature of the State of Utah relative to financial 
     institutions; to the Committee on Banking, Housing, and Urban 
     Affairs.

                        House Joint Resolution 1

       Whereas, the financial institution industry is a critical 
     part of Utah's economy;
       Whereas, the state is benefitted by and relies upon a 
     diversity of financial institutions within the state 
     including the existence of a strong credit union industry and 
     a healthy commercial bank industry;
       Whereas, nationally, the competitive environment for banks 
     and credit unions has changed significantly since the first 
     credit unions were formed in the early 1900's;
       Whereas, the rise and scope of federal credit unions is 
     rooted in the Federal Credit Union Act of 1934, as amended 
     over the years;
       Whereas, the early credit unions started as small groups of 
     people who shared a close and meaningful ``common bond'' such 
     as occupations, the neighborhood where they lived, or a 
     church they attended;
       Whereas, such persons were less able to obtain loans from 
     other financial institutions because of low income and the 
     perceived high risk of default and were, therefore, 
     especially vulnerable to usury lending practices by those 
     that might unfairly take advantage of such conditions;
       Whereas, a credit union chartered in this state is required 
     to be a cooperative, nonprofit association, incorporated to:
       (1) Encourage thrift among its members; (2) create sources 
     of credit at fair and reasonable rates of interest; and (3) 
     provide an opportunity for its members to use and control 
     their resources on a democratic basis in order to improve 
     their economic and social condition;
       Whereas, Congress has previously found that: (1) The credit 
     union movement in America began as a cooperative effort to 
     serve the productive and provident credit needs of 
     individuals of modest means; (2) maintaining a meaningful 
     affinity or common bond between members is critical to the 
     fulfillment of the public mission of credit unions including 
     promoting thrift and credit extension; and (3) credit unions 
     are exempt from federal and most state taxes because they are 
     member-owned, democratically operated, not-for-profit 
     cooperative organizations generally managed by volunteer 
     boards and because they have historically had the specified 
     mission of meeting the credit and savings needs of their 
     members, especially persons of modest means;
       Whereas, financial institutions are subject to regulation 
     by different federal governmental entities depending on their 
     structure, charter, and identity as financial institution;
       Whereas, the National Credit Union Administration charters 
     and regulates federally chartered credit unions and as 
     insurer oversees state chartered credit unions;
       Whereas, commercial banks are subject to a variety of 
     federal regulators depending on their charter including the 
     Office of the Comptroller of the Currency, the Federal 
     Reserve Board, or the Federal Deposit Insurance Corporation;
       Whereas, the National Credit Union Administration has 
     expanded its determination of what has historically 
     constituted a well-defined local community for purposes of 
     defining a field of membership to include large geographic 
     areas;
       Whereas, the broad field of membership established by the 
     National Credit Union Administration allows state chartered 
     credit unions to easily convert to a federal charter, 
     allowing for: (1) Differences in tax treatment of federally 
     chartered credit unions; and (2) differences in the 
     regulations of member business lending;
       Whereas, the U.S. Supreme Court held in 1998 that the 
     original intent of the Federal Credit Union Act was to 
     require a more narrow interpretation of credit unions' common 
     bond and field of membership than what now exists under 
     legislation adopted by Congress;

[[Page 12858]]

       Whereas, commercial banks are subject to taxes on the 
     federal, state, and local level;
       Whereas, under the Internal Revenue Code, federal or state, 
     chartered credit unions are exempt from paying federal income 
     taxes;
       Whereas, under the Federal Credit Union Act, as amended in 
     1937, states are prohibited from imposing certain taxes on 
     federal credit unions;
       Whereas, in Utah, federally chartered and state chartered 
     credit unions do not pay state income taxes;
       Whereas, credit unions pay property taxes;
       Whereas, federally chartered credit unions do not pay sales 
     and use taxes;
       Whereas, the state and not the federal government should 
     control and determine public policy affecting, the imposition 
     of state taxes;
       Whereas, all taxes on financial institutions, including 
     both credit unions and commercial banks, should be examined 
     to determine whether a different and more principled approach 
     to taxing could lessen the tax burden wherever possible;
       Whereas, federal tax policies and regulations related to 
     financial institutions can result in the erosion of state and 
     local tax bases;
       Whereas, the possible erosion of the state tax base because 
     of federal tax policy and regulations related to financial 
     institutions can result in lost revenues to the state;
       Whereas, the loss of revenues to the state impacts the 
     state's ability to meet the essential needs of its citizens 
     including the funding of education;
       Whereas, all income tax revenues collected by the state are 
     constitutionally dedicated in Utah to funding education;
       Whereas, the funding of education is a top priority of the 
     Legislature and, therefore, all exemptions from paying income 
     tax are carefully scrutinized by the Legislature;
       Whereas, the federal encroachment into state policy areas 
     regarding financial institutions is not limited to taxation 
     but also includes preemption of state regulation of the 
     business activities of financial institutions within the 
     state;
       Whereas, this federal encroachment raises constitutional 
     issues under the 10th Amendment and the Supremacy Clause; and
       Whereas, the Financial Institutions Task Force has found 
     that because of the conversion of many state chartered credit 
     unions to federally chartered credit unions, significant 
     issues of tax policy and competitive fairness among financial 
     institutions now need to be addressed at the federal level: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah affirms 
     its decision to differentiate between traditional credit 
     unions and those that have lost a meaningful affinity or bond 
     and encourages Congress to consider a similar approach; and 
     be it further
       Resolved, That the Legislature urges Congress to examine 
     the rulings of the National Credit Union Administration 
     regarding ``common bond'' and field of membership to 
     determine whether those rulings are over broad and 
     inconsistent with the original intent of the Federal Credit 
     Union Act; and be it further
       Resolved, that the Legislature urges Congress to recognize 
     and affirm the authority of states and local governments to 
     determine whether federally chartered credit unions may be 
     taxed the same as state chartered credit unions according to 
     state law and related policy considerations; and be it 
     further
       Resolved, That the Legislature urges Congress to provide a 
     principled, fair, and equitable tax structure for financial 
     institutions, including credit unions and commercial banks 
     alike, that allows the states to determine what state and 
     local taxes shall apply to financial institutions whether 
     state or federally chartered; and be it further
       Resolved, That once a principled, fair, and equitable tax 
     structure for financial institutions is adopted, Congress 
     should examine whether the economic circumstances have 
     changed since the enactment of the Federal Credit Union Act 
     such that credit unions should have a broader role in the 
     current financial marketplace; and be it further
       Resolved, That the Legislature requests that if Congress 
     elects to retain the current tax structure for financial 
     institutions unchanged, it provide Utah and other states with 
     a reasoned explanation for maintaining that tax structure 
     without alteration; and be it further
       Resolved, That the Legislature requests that Congress in 
     determining monies provided to the state by the federal 
     government for programs, including education programs, take 
     into account revenues that may be lost to the state as a 
     result of federal tax policy and regulations related to 
     financial institutions; and be it further
       Resolved, That the Legislature urges Congress to fully and 
     carefully consider the principles, policies, circumstances, 
     and conditions, identified and referenced in this resolution 
     and promptly act as needed in order to remedy the same; and 
     be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, and the members 
     of Utah's congressional delegation.
                                  ____

       POM-95. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to honoring an individual for 
     preserving the Range Creek Area; to the Committee on 
     Commerce, Science, and Transportation.

                     House Concurrent Resolution 10

       Whereas, a ranch straddling remote Range Creek, a tributary 
     of the Green River, and spreading to a nearby plateau, was 
     recently sold by Waldo Wilcox, to the Trust for Public Land, 
     a conservation group;
       Whereas, with key funding appropriated by the United States 
     Congress and the Utah Quality Growth Commission, and 
     extensive lobbying for the purchase by the Sportsmen for Fish 
     and Wildlife, the ranch was subsequently acquired by the 
     state of Utah;
       Whereas, the archaeological and cultural significance of 
     the land contained on the ranch is extraordinary because an 
     estimated 2,000 to 5,000 archaeological sites, most in 
     excellent condition, are located on the 4,350 acre property;
       Whereas, what makes Range Creek unique is that most of the 
     archaeological sites obtained by the state are pristine 
     because the Wilcox family vigilantly protected the land from 
     vandals since acquiring the land more than 50 years ago;
       Whereas, much of Range Creek is believed to have been 
     inhabited a thousand years ago by pre-Columbian cultures, 
     including the Fremont and the Archaic;
       Whereas, radiocarbon tests date the village and rock 
     shelter sites to between 1000 A.D. and 1200 A.D., and 
     analysis of projectile points and pottery, using dates of 
     known styles, shows the same range;
       Whereas, the finds include individual pit houses, villages, 
     arrowheads, shafts, granaries, pottery, basketry, and 
     scattered rock art, the latter often representing 
     otherworldly human figures, pecked spirals, and sheep 
     figures;
       Whereas, these items are found in areas that are at times 
     green and pasture-like and at other mostly barren, with 
     sparse desert vegetation;
       Whereas, teams of volunteers and archaeologists have been 
     documenting the sites, some of which are in the lower area 
     beyond the ranch boundaries and have been raided and damaged 
     by vandals;
       Whereas, most of the sites on the property, however, are 
     pristine and literally untouched;
       Whereas, the Utah Division of Wildlife Resources manages 
     the land, which is protected by a conservation easement 
     controlled by the Utah Department of Agriculture and Food and 
     the Utah Division of Forestry, Fire and State lands;
       Whereas, the state is developing a management plan for the 
     gated property, involving wildlife managers and other 
     partners, that may include regulated public access;
       Whereas, the Range Creek property is not only an incredible 
     archaeological resource, it is also a wildlife haven, with 
     wild turkey, eagles, hawks, bears, cougars, elk, deer, 
     bighorn sheep, and other important species;
       Whereas, the creek itself could be developed as a blue 
     ribbon trout fishery;
       Whereas, the work of Waldo Wilcox to protect the land from 
     vandals makes the archaeological sites unique and 
     extraordinarily valuable now and for generations to come; and
       Whereas, Waldo Wilcox's efforts symbolize the spirit of 
     service and recognize the value of history to modern times: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, honor Waldo Wilcox for his 
     tireless efforts to protect the archaeological sites on his 
     former property along Range Creek for the benefit of future 
     generations; and be it further
       Resolved, That the Legislature recognize Waldo Wilcox's 
     determination to preserve the state's history and make it 
     possible for great advancements to be made in the 
     understanding of early cultures in Utah; and be it further
       Resolved, That a copy of this resolution be sent to Waldo 
     Wilcox, the Utah Division of Wildlife Resources, the Utah 
     Division of Forestry, Fire and State Lands, the Utah 
     Department of Agriculture and Food, the Utah Quality Growth 
     Commission, Sportsmen for Fish and Wildlife, the Trust for 
     Public Land, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-96. A joint resolution adopted by the Legislature of 
     the State of Utah relative to space exploration; to the 
     Committee on Commerce, Science, and Transportation.

                            Joint Resolution

       Whereas, when Christopher Columbus made his voyages across 
     the Atlantic in the 15th and 16th centuries, his ships 
     carried the inscription ``Following the light of the sun, we 
     left the Old World'';
       Whereas, exploration and discovery have been especially 
     important to the American experience, providing vision, hope, 
     and economic stimulus, from New World pioneers and American 
     frontiersmen to the Apollo space program;
       Whereas, just as Lewis and Clark could not have predicted 
     the settlement of the American West within a hundred years of 
     the start of their famous 19th century expedition, the total 
     benefits of a single exploratory undertaking or discovery 
     cannot be predicted in advance;

[[Page 12859]]

       Whereas, the desire to explore is part of the national 
     character, and history has shown that space exploration 
     benefits all humankind through new technologies for everyday 
     application;
       Whereas, new jobs formed across the entire economic 
     spectrum have been created as a result of space exploration, 
     along with new markets and commercial products;
       Whereas, space exploration has inspired and educated many 
     across the world, has enhanced United States leadership, has 
     increased security, and has left a legacy for future 
     generations;
       Whereas, since its inception in 1958, the National 
     Aeronautics and Space Administration (NASA) has accomplished 
     many great scientific and technological feats, in addition to 
     advancing humankind's knowledge of the Earth and the 
     universe;
       Whereas, on January 14, 2004, President George W. Bush 
     announced a new vision for United States space exploration, 
     with the goal of returning humans to the moon within the next 
     decade and extending a human presence across the solar 
     system; and
       Whereas, the President's fiscal year 2005 budget request 
     for NASA is $1 billion higher than the previous year's 
     request and would redirect $11 billion in the existing 
     funding to provide a total of $12 billion over five years to 
     help address the space exploration vision: Now, therefore, be 
     it
       Resolved, That the Legislature of the state of Utah 
     expresses support for returning humans to the moon and 
     pursuing human exploration of Mars and the solar system; and 
     be it further
       Resolved, That the Legislature supports continued funding 
     of human space flight, Earth Science, and other programs, as 
     well as continued funding of the space-related Shuttle 
     Booster Program; and be it further
       Resolved, That the Legislature encourages the United States 
     Congress to enact and fully fund the proposed budget for the 
     Space Exploration Program as submitted in the 2005 budget, 
     which will enable the United States and the state of Utah to 
     remain leaders in the exploration and the development of 
     space; and be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, NASA, and the members of Utah's 
     congressional delegation.
                                  ____

       POM-97. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan relative to the sale of 
     violent video games to children; to the Committee on 
     Commerce, Science, and Transportation.

                        Senate Resolution No. 33

       Whereas, Americans have grown increasingly alarmed about 
     youth violence. Inspired in part by violent media images, for 
     too many of our children are committing violent crimes; and
       Whereas, Numerous medical organizations, including the 
     American Medical Association and the American Psychological 
     Association, as well as law enforcement agencies such as the 
     Federal Bureau of Investigation, have concluded that viewing 
     entertainment violence can lead to an increase in aggressive 
     attitudes, values, and behaviors, particularly in children. 
     Recent academic literature corroborates the findings of 
     earlier studies that demonstrate exposure to violent video 
     games produces aggressive behavior in children and young 
     people; and
       Whereas, Violent, point-and-shoot video games are such 
     effective combat simulators that law enforcement and military 
     organizations use them extensively for training to accurately 
     and effectively shoot firearms in real combat situations. 
     Such games could actually serve to create a more deadly 
     accurate youth criminal armed with a firearm; and
       Whereas, There are concerns that current initiatives, 
     including rating systems, are largely ineffective in 
     shielding young children from video game images. While 
     parental and family actions are of the utmost importance in 
     this effort, there are steps that Congress can take: Now, 
     therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to conduct an investigation and take action 
     to prevent the sale of violent video games to children; 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-98. A Senate Concurrent Resolution adopted by the 
     General Assembly of the State of Ohio relative to the 
     exclusion of the NASA John H. Glenn Research Center and the 
     Defense Finance Accounting Services Center in Cleveland, Ohio 
     from the list of base closures for the Base Realignment and 
     Closure process; to the Committee on Commerce, Science, and 
     Transportation.

            (Amended Senate Concurrent Resolution Number 12)

       Whereas, The NASA John H. Glenn Research Center at Lewis 
     Field in Cleveland, Ohio, is one of NASA's ten field offices, 
     working to meet NASA's goals of understanding and protecting 
     our home planet, exploring the universe and searching for 
     life, and inspiring the next generation of explorers; and
       Whereas, The focus of the Glenn Research. Center is on 
     research related to exploration systems; it leads NASA in 
     fields of microgravity science and works in partnership with 
     others to increase national wealth, safety, and security, to 
     protect the environment, and to explore the universe. The 
     Center also is NASA's leader in the area of aeropropulsion 
     research, which is important to NASA's goals to promote 
     economic growth and national security and have safe, 
     superior, and environmentally compatible civil and military 
     aircraft propulsion systems; and
       Whereas, Congress authorized a new round of the Base 
     Realignment and Closure process (BRAC) to occur this year, 
     which has the potential to affect the NASA Glenn Research 
     Center and the community of Cleveland that supports the 
     Center; and
       Whereas, The Glenn Research Center employs approximately 
     3,300 individuals, and the employment of these individuals 
     and the economic impact of the Center, along with the 
     Center's research, make the Center a vital installation to 
     Cleveland, the state of Ohio, and the nation; and
       Whereas, The Defense Finance Accounting Services Center in 
     Cleveland efficiently provides accounting and payroll 
     services for our military and civilian personnel serving our 
     country; and
       Whereas, The Defense Finance Accounting Services Center is 
     a vital part of Greater Cleveland's economy, providing 
     employment to 1,200 persons; and
       Whereas, The Base Realignment and Closure Process has the 
     potential to affect the Defense Finance Accounting Services 
     Center and the community of Cleveland that supports the 
     Center: Now, therefore, be it
       Resolved, That the 126th General Assembly of the State of 
     Ohio supports the NASA John H. Glenn Research Center and the 
     Defense Finance Accounting Services Center, and firmly 
     believes that neither Center should be included in the 
     Defense Base Closure and Realignment Commission's list of 
     proposed bases to be closed, as both are valuable assets to 
     the state of Ohio and the defense of our nation, and 
     memorializes Congress to take appropriate action so that 
     neither Center is included in the Commission's closure list; 
     and be it further
       Resolved, That the Clerk of the Senate transmit duly 
     authenticated copies of this resolution to the President of 
     the United States, the Secretary of Defense of the United 
     States, the members of the Ohio Congressional delegation, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and the Secretary 
     of the United States Senate, and the news media of Ohio.
                                  ____

       POM-99. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to establishing and requiring the .xxx domain name 
     for adult-only web sites; to the Committee on Commerce, 
     Science, and Transportation.

                        House Resolution No. 30

       Whereas, From 1983 to 1998, the federal government managed 
     the Internet, including the Domain Name System (DNS), a 
     central coordinating body that assigns unique e-mail and web 
     site addresses so that the network runs smoothly. As the 
     Internet evolved from a small-scale system of links among 
     American academic institutions into a mainstream 
     international communications, educational, and electronic 
     commerce medium, the federal government concluded that it 
     should no longer manage its development. In 1998, the United 
     States Department of Commerce (DOC), in an effort to 
     establish global standards and consensus-based policies, 
     agreed to a Memorandum of Understanding (MOU) with the 
     California-based private sector, nonprofit corporation called 
     the Internet Corporation of Assigned Names and Numbers 
     (ICANN). In part, the MOU calls for the joint development of 
     the DNS in order to facilitate its future transfer to the 
     private sector; and
       Whereas, While the DOC continues to serve as the steward of 
     the DNS during its transition to private sector management, 
     it does not regulate ICANN, play a vital role in ICANN's 
     internal governance or day-to-day operations, or intervene in 
     ICANN activities unless the corporation's actions are 
     inconsistent with the MOU. The only way that the department 
     can influence ICANN decisions is either to not renew the MOU, 
     which expires September 30, 2006, or through informal 
     discussion with corporation officials; and
       Whereas, In 2001, ICANN approved seven new top-level domain 
     names, but refused to approve the .xxx domain name, which 
     would have provided a cyber sanctuary to protect children 
     from the corrupting influences of online pornography. To 
     protect children, Congress has the authority to direct the 
     DOC to establish and operate the second-level .xxx domain 
     name within the United States. The .xxx domain name will 
     safeguard children by allowing parents and libraries to 
     employ filtering or blocking software technologies: Now, 
     therefore, be it

[[Page 12860]]

       Resolved by the House of Representatives, That we 
     memorialize Congress to enact legislation allowing the 
     Department of Commerce (DOC) to help shield children by 
     establishing and requiring the .xxx domain name for adult-
     only web sites; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the United States Department of Commerce, 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-100. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to action that would improve storage, desalt and 
     augment the flow of Colorado River water supplies to river 
     basin states; to the Committee on Energy and Natural 
     Resources.

                     House Concurrent Memorial 2007

       Whereas, in 1964, the United States Supreme Court decreed 
     that Arizona is entitled to 2.8 million acre-feet of water 
     from the Lower Colorado River each year. The water 
     allocations for California and Nevada, the other lower basin 
     states, were determined in the same litigation and each state 
     was given equal priority under the Supreme Court's decree; 
     and
       Whereas, despite prevailing in the litigation, Arizona was 
     unable to practically use its entitlement to the water until 
     the Central Arizona Project (CAP) was constructed. As a 
     condition of obtaining congressional approval for the 
     construction of the CAP, Arizona accepted a limitation on its 
     water entitlement that effectively gives the state the lowest 
     priority in times of shortage in exchange for commitment on 
     the part of the federal government to augment Colorado River 
     water supplies; and
       Whereas, CAP provides one-third of Arizona's renewable 
     water supplies and without this water, the many cities, 
     towns, Indian communities and agricultural water users that 
     depend on the CAP in Central Arizona would face critical 
     water supply shortages.
       Whereas, the Yuma desalting plant was constructed by the 
     federal government pursuant to the Colorado River Basin 
     Salinity Control Act to treat water for delivery to Mexico in 
     satisfaction of United States treaty obligations, but the 
     United States has failed to operate the desalter, thus 
     causing the loss of more than one hundred thousand acre feet 
     of water annually from Lake Mead; and
       Whereas, the lack of adequate regulatory storage facilities 
     in the Colorado River system above the Mexican border has 
     resulted in the continuing overdelivery of water to Mexico, 
     further reducing the supplies available to meet the needs of 
     California, Nevada and Arizona and increasing the risk of 
     shortage.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the Congress of the United States take such 
     actions, including enacting legislation and appropriating 
     funds, as are required to construct or improve regulatory 
     storage facilities in the lower Colorado River system, 
     operate the Yuma desalting plant and augment the flow of the 
     Colorado River to protect Arizona's Colorado River water 
     supplies and allow the lower Colorado River basin states to 
     maximize the benefits of their water entitlements.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United State Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-101. A joint memorial adopted by the Legislature of the 
     State of Washington relative to the establishment of the Ice 
     Age Floods National Geologic Trail; to the Committee on 
     Energy and Natural Resources.

                       Senate Joint Memorial 8000

       Whereas, The Ice Age Floods Study of Alternatives and 
     Environmental Assessment recommends that the ``Ice Age Floods 
     National Geologic Trail'' be established by the Congress of 
     the United States of America to follow the floods' pathways; 
     and
       Whereas, The floods are responsible for shaping a 
     fascinating landscape that spans much of Washington State 
     from its eastern border to the Pacific Ocean; and
       Whereas, The landscape and its natural history are a draw 
     to recreators, scientists, and tourists, which stimulate 
     interest in the region and benefit local economies; and
       Whereas, Many floods' resources are on public lands and can 
     be viewed from existing public roadways; and
       Whereas, The envisioned trail is to be a public-private 
     partnership coordinated by the National Park Service; and
       Whereas, The Study of Alternatives recommends that no more 
     than 25 acres be acquired by the National Park Service for 
     use in the trail: Now, therefore, Your Memorialists 
     respectfully support establishment of the Ice Age Floods 
     National Geologic Trail; and, further be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-102. A joint memorial adopted by the Legislature of the 
     State of Washington relative to the rejection of the proposal 
     to transition the Bonneville Power Administration from cost-
     based rates to market-based rates; to the Committee on Energy 
     and Natural Resources.

                 Substitute Senate Joint Memorial 8018

       Whereas, The Bonneville Power Administration supplies 
     seventy percent of the electrical power consumed in the state 
     of Washington; and
       Whereas, Currently and since its creation the rates 
     established for such power have been based upon recovery of 
     its costs; and
       Whereas, The ratepayers of the Pacific Northwest and West 
     Coast have paid those costs in their entirety through their 
     rates; and
       Whereas, The Pacific Northwest region has experienced a 
     nearly fifty percent increase in wholesale power rates since 
     the energy crisis of 2001-2002; and
       Whereas, The President's proposed fiscal year 2006 budget 
     would transition the Bonneville Power Administration from 
     cost-based rates to market-based rates;
       Whereas, The Office of Management and Budget has estimated 
     that such change would result in an estimated increase of one 
     hundred dollars per year for each Pacific Northwest 
     ratepayer; and
       Whereas, This budget proposal would cost the Northwest 
     region four hundred eighty million dollars next year and two 
     and one-half billion dollars over three years; and
       Whereas, The first argument to justify these increased 
     rates, that the ratepayers of the Pacific Northwest are being 
     subsidized by the federal government, is not well-founded in 
     light of the fact that all of the Bonneville Power 
     Administration's costs, including repayment of debt at 
     market-based interest rates to the United States Treasury, 
     are recovered from ratepayers, primarily individuals and 
     businesses in the Pacific Northwest; and
       Whereas, The second argument to justify these increased 
     rates, that of further accelerating Bonneville's debt 
     repayment to the United States Treasury, are not well-founded 
     in light of Bonneville's success in recent years of early 
     repayment of its debt, despite the sale of power at-cost and 
     during difficult economic times; and
       Whereas, This proposal if enacted would essentially result 
     in a one hundred percent increase in power rates over a 
     seven-year period, which will severely harm the region's 
     businesses and industries, as well as all the residents of 
     the region; and
       Whereas, The administration's additional budget proposal to 
     increase the types of transactions that would count against 
     the Bonneville Power Administration's authorized debt limit 
     would negatively impact the Bonneville Power Administration's 
     ability to upgrade existing or build new vital 
     infrastructure; and
       Whereas, This proposal would lead to further limiting 
     investment in an already constrained transmission system 
     which could result in electricity shortages and decreased 
     reliability: Now, Therefore, Your Memorialists respectfully 
     pray that the proposal to transition the Bonneville Power 
     Administration from cost-based rates to market-based rates, 
     as expressed in the President's fiscal year 2006 proposed 
     budget, be rejected; and furthermore, your memorialists 
     respectfully pray that the proposal to add additional 
     transactions for inclusion into the Bonneville Power 
     Administration's authorized debt limit be rejected; and, be 
     it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington, and the Secretary of 
     the United States Department of Energy, Samuel W. Bodman.
                                  ____

       POM-103. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to approving the Utah 
     recreational land exchange; to the Committee on Energy and 
     Natural Resources.
       Whereas, the Legislature of the state of Utah has an 
     important role in reviewing land exchange proposals between 
     subdivisions of the state and the United States;
       Whereas, the School and Institutional Trust Lands 
     Administration is seeking federal legislation authorizing the 
     state of Utah to exchange up to 48,000 acres of state school 
     and institutional trust lands and mineral interests for up to 
     40,000 acres of federal lands and mineral interests;
       Whereas, the legislation would exchange state school and 
     institutional trust lands that are currently scattered and, 
     in many cases, surrounded by federal lands for consolidated 
     lands that could be more efficiently managed and administered 
     for the benefit of the trust land beneficiaries;
       Whereas, the proposed exchange would also help preserve 
     lands with significant scenic and recreational values within 
     the Colorado River corridor, the vicinity of Dinosaur 
     National Monument, and the Book Cliffs, benefiting local 
     economies and that of the state as a whole; and

[[Page 12861]]

       Whereas, the proposed exchange is in the best interests of 
     the citizens of Utah: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, support the proposed land 
     exchange between the state of Utah and the United States 
     government; and be it further
       Resolved, That the Legislature and the Governor request 
     that the United States Congress enact laws authorizing the 
     Secretary of the Interior to take all necessary actions to 
     complete this exchange; and be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Secretary of the Interior, Utah's School and 
     Institutional Trust Lands Administration, and to the members 
     of Utah's congressional delegation.
                                  ____

       POM-104. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to the opposition of nuclear 
     testing; to the Committee on Energy and Natural Resources.

                     House Concurrent Resolution 7

       Whereas, nuclear testing began at the Federal Government's 
     Nevada Test Site in 1951;
       Whereas, according to the United States Department of 
     Energy's Nevada Operations Office, 45 of the 515 announced 
     nuclear weapons tests that occurred between 1961 and 1984 
     released radioactivity beyond the testing site;
       Whereas, many Utahns and many other citizens living 
     downwind of those tests suffered as a result of being 
     ``active participants'' in the nation's nuclear testing 
     program;
       Whereas, the Legislature of the State of Utah supports a 
     strong military defense, but not at the expense of its 
     citizens through renewed nuclear testing;
       Whereas, as part of its recognition of the 50th Anniversary 
     of nuclear testing at the Nevada Test Site in the 2001 
     General Session, the 54th Legislature of the State of Utah 
     expressed ``the fervent desire and commitment to assure that 
     such a legacy will never be repeated'';
       Whereas, surviving ``downwinders'' who continue to suffer 
     today know their fight against renewed nuclear testing will 
     not benefit them personally because it is too late for them;
       Whereas, surviving downwinders fight renewed nuclear 
     testing for the sake of their children and grandchildren;
       Whereas, a resumption of nuclear testing at the Federal 
     Government's Nevada Test Site would mean a return to the 
     mistakes and miscalculations of the past which have marred 
     many Utahns;
       Whereas, a resumption of nuclear testing essentially means 
     the creation of a new generation of downwinders;
       Whereas, a resumption of nuclear testing at the Federal 
     Government's Nevada Test Site would verify the axiom that 
     those who fail to learn from the mistakes of the past are 
     doomed to repeat them;
       Whereas, the resumption of nuclear testing at the Federal 
     Government's Nevada Test Site would signify a dramatic step 
     backward in the United States of America's resolve to learn 
     from its tragic nuclear testing legacy;
       Whereas, the ``Wind Wall'' is a planned monument to pay 
     tribute to the people who lost their lives to nuclear 
     testing, those who are battling downwinder-related diseases 
     now, and for those who have lost loved ones because of 
     nuclear testing;
       Whereas, it is intended that the Wind Wall be placed in or 
     near Washington County, Utah, as residents of that county 
     were the most impacted by nuclear fallout; and
       Whereas, the State of Utah has an obligation to its 
     citizens, especially those who have suffered so much, to do 
     all in its power to ensure that the lingering wounds from 
     nuclear testing are not reopened to afflict both current and 
     future generations: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah, the 
     Governor concurring therein, strongly urge that the United 
     States Government not resume nuclear testing at its Federal 
     Government's Nevada Test Site; and be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the Majority Leader of the 
     United States Senate, Downwinders, Inc., and the members of 
     Utah's congressional delegation.
                                  ____

       POM-105. A joint resolution adopted by the Legislature of 
     the State of Utah relative to oil and gas drilling and 
     exploration; to the Committee on Energy and Natural 
     Resources.
       Whereas, significant reserves of oil have been discovered 
     in Utah;
       Whereas, many investors are working through the steps to 
     obtain oil and gas leases from the Utah state office of the 
     Bureau of Land Management;
       Whereas, for all federal oil and gas leases sold in the 
     state, 50 percent of the proceeds go to the state of Utah;
       Whereas, federal oil and gas lease sales for November 2003, 
     totaled $982,387; for February 2004, $6,325,314; for June 
     2004, $9,951,502; for September 2004, $28,030,004; and for 
     December 2004, $521,916;
       Whereas, although the September 2004 oil and gas lease 
     sales were the largest in Utah in terms of acreage, roughly 
     190,000 acres were deferred or deleted from the sale when the 
     Bureau of Land Management received new information on 
     wilderness characteristics of the land;
       Whereas, every parcel available as part of an oil or gas 
     lease is scrutinized prior to the sale to determine if it can 
     be offered in compliance with, among others, the National 
     Environmental Policy Act, the Endangered Species Act, and the 
     National Historic Preservation Act;
       Whereas, to protect other resources, numerous stipulations 
     and stringent requirements are placed on the oil and gas 
     leases that are issued;
       Whereas, currently over 400 oil and gas leases have been 
     awarded but not yet issued because of litigation instigated 
     by environmental groups;
       Whereas, groups suing to halt the issuance of the awarded 
     oil and gas leases are not parties to the sales of the oil 
     and gas leases;
       Whereas, much of the Bureau of Land Management's time is 
     taken up with addressing protests of the sales of oil and gas 
     leases;
       Whereas, millions of dollars that could be invested in the 
     state are being held pending the outcome of these lawsuits;
       Whereas, individuals and companies who have purchased oil 
     and gas leases in Utah or are contemplating a purchase are 
     greatly concerned with how long their funds have remained 
     tied up in a system that is not performing its intended 
     purpose;
       Whereas, protests should be addressed up to the time that 
     the oil and gas leases are awarded, then should be restricted 
     unless an error was made in the plain language of the lease; 
     and
       Whereas, unless concerns with the oil and gas lease process 
     are resolved, many potential investors in Utah oil and gas 
     leases will choose to do business in other states, costing 
     the state much needed revenues: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     the United States Congress and the members of Utah's 
     congressional delegation to take legislative steps necessary 
     to address Utah's oil and gas drilling and exploration lease 
     issuance problems; and be it further
       Resolved, That the Legislature of the state of Utah urges 
     that Congress and Utah's delegation act decisively to end the 
     legal delays caused by individuals and groups who are not a 
     party to the sale of an oil and gas lease; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the Utah office 
     of the Bureau of Land Management, and to the members of 
     Utah's congressional delegation.
                                  ____

       POM-106. A concurrent memorial adopted by the Senate of the 
     Legislature of the State of Arizona relative to the reform of 
     the endangered species act; to the Committee on Environment 
     and Public Works.

                    Senate Concurrent Memorial 1002

       Whereas, since its enactment thirty years ago, the 
     Endangered Species Act has created unreasonable regulatory 
     hurdles for property owners while failing to help many 
     species; and
       Whereas, the House Resource Committee of Congress has 
     passed bills this session that would change the existing law 
     by requiring peer review before a species could be listed as 
     endangered and by allowing critical habitat to be designated 
     for species only when ``practicable''; and
       Whereas, these bills now require passage by the full House 
     and the Senate in order to become law; and
       Whereas, the Western Governors Association has long 
     supported legislation that would reform the Endangered 
     Species Act to protect the rights of property owners while 
     continuing to meet its intended purpose of recovering 
     species.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the Congress of the United States take steps to 
     enact legislation that would reform the Endangered Species 
     Act to protect property owners while meeting its intended 
     purpose of recovering species.
       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-107. A resolution adopted by the House of 
     Representatives of the General Assembly of the State of Ohio 
     relative to the Clear Skies Act of 2005; to the Committee on 
     Environment and Public Works.

                  (Amended House Resolution Number 21)

       Whereas, Although the nation's air quality has improved 
     significantly since the early 1970's, pollutants such as 
     sulfur dioxide, nitrogen oxide, and mercury continue at 
     levels that cause environmental and public health concerns. 
     Because of those concerns, the United States Environmental 
     Protection Agency has established stricter National

[[Page 12862]]

     Ambient Air Quality Standards, most recently for ozone and 
     particulate matter; and
       Whereas, Currently, 474 counties, including 33 in Ohio, are 
     in nonattainment with the ozone standard and 225 counties, 
     including 32 in Ohio, are in nonattainment with the 
     particulate matter standard. Nonattainment designations place 
     a significant burden on state and local governments, which 
     must develop plans to reduce emissions and come into 
     attainment by a specified date; and
       Whereas, In order to ensure that the states have the most 
     effective means of attaining the new standards, the Clear 
     Skies Act of 2005 (S. 131) has been introduced in the United 
     States Senate. This legislation not only is based on the 
     successful Acid Rain Program, it also incorporates a multi-
     emissions approach that takes advantage of the benefits that 
     would result from controlling multiple pollutants at the same 
     time; and
       Whereas, The Clear Skies Act balances environmental, 
     energy, and economic needs. For example, it requires power 
     plants to reduce emissions of sulfur dioxide, nitrogen oxide, 
     and mercury by 70% by 2018 and allows the nation to continue 
     burning coal, our most abundant and low-cost energy source, 
     while improving our nation's air quality: Now, therefore, be 
     it
       Resolved, That we, the members of the House of 
     Representatives of the 126th General Assembly of the State of 
     Ohio, support concepts in the Clear Skies Act of 2005 and 
     urge Congress to seek resolution of the issues involved and 
     enact legislation for the purpose of improving our nation's 
     air quality and ensure our nation's economic stability; 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, the President Pro Tempore and 
     Secretary of the United States Senate, the Speaker and Clerk 
     of the United States House of Representatives, the members of 
     the Ohio Congressional delegation, and the news media of 
     Ohio.
                                  ____

       POM-108. A joint memorial adopted by the Legislature of the 
     State of Washington relative to Social Security; to the 
     Committee on Finance.

                       Senate Joint Memorial 8014

       Whereas, In August 1935, when Franklin Delano Roosevelt 
     signed into law the Social Security program, he asserted that 
     the fundamental purpose of the initiative was to ``give some 
     measure of protection to the average citizen and his family 
     against the loss of a job and against a poverty ridden old 
     age;'' and
       Whereas, Today, seventy years later, about 48 million 
     Americans--both retired workers and those who are disabled--
     receive modest checks from Social Security; and
       Whereas, This modest support continues to be a bulwark 
     against the indignities of poverty, accounting for more than 
     half the income of two-thirds of those who receive benefits; 
     and
       Whereas, Social Security is now widely recognized by the 
     public as one of the most successful programs in our nation's 
     history, guaranteeing as it does, to all Americans, today and 
     tomorrow, a basic standard of living; and
       Whereas, It is being argued that Social Security should be 
     privatized by diverting payroll taxes from current 
     beneficiaries to private investment accounts; and
       Whereas, Such reforms are likely to require the federal 
     government to borrow nearly $2 trillion, or $100 billion to 
     $150 billion per year for ten years, to finance the transfer 
     to create new private accounts; and
       Whereas, In addition to adding to the already significant 
     federal debt, this proposal would partially replace 
     guaranteed benefits with ones that expose millions of retired 
     Americans to the ups and downs of the stock market: Now, 
     therefore, Your Memorialists respectfully request that the 
     Congress and the Administration reject the current effort to 
     privatize Social Security and instead engage in an open 
     dialogue with the American public to arrive at a sensible 
     solution that preserves the original intent of Franklin 
     Delano Roosevelt, making Social Security an insurance fail-
     safe for the aged and disabled and a complement to every 
     individual's ability to invest in the private market on their 
     own; and be it
       Resolved, That copies of this Memorial be immediately 
     transmitted to the Honorable George W. Bush, President of the 
     United States, the President of the United States Senate, the 
     Speaker of the House of Representatives, and each member of 
     Congress from the State of Washington.
                                  ____

       POM-109. A concurrent memorial adopted by the Senate of the 
     Legislature of the State of Arizona relative to Social 
     Security reform; to the Committee on Finance.

                     Senate Concurrent Memorial 1003

       Whereas, Social Security is the foundation of retirement 
     income for most Americans; and
       Whereas, preserving and strengthening the long-term 
     viability of Social Security is a vital national priority and 
     is essential for the retirement security of today's working 
     Americans current and future retirees and their families; and
       Whereas, Social Security faces significant fiscal and 
     demographic pressures; and
       Whereas, the nonpartisan Office of the Chief Actuary at the 
     Social Security Administration reports that:
       1. The number of workers paying taxes to support each 
     Social Security beneficiary has dropped from 16.5 in 1950 to 
     3.3 in 2002;
       2. Within a generation there will be only two workers to 
     support each retiree which will substantially increase the 
     financial burden on American workers;
       3. Without structural reform, the Social Security system, 
     beginning in 2018, will pay out more in benefits than it will 
     collect in taxes;
       4. Without structural reform, the Social Security trust 
     fund will be exhausted in 2042 and Social Security tax 
     revenue in 2042 will only cover seventy-three per cent of 
     promised benefits, and will decrease to sixty-eight per cent 
     by 2078;
       5. Without structural reform, future Congresses may have to 
     raise payroll taxes fifty per cent over the next seventy-five 
     years to pay full benefits on time, resulting in payroll tax 
     rates of as much as 16.9 per cent by 2042 and 18.3 per cent 
     by 2078;
       6. Without structural reform, Social Security's total cash 
     shortfall over the next seventy-five years is estimated to be 
     more than $25,000,000,000,000 in constant 2004 dollars or 
     $3,700,000,000,000 measured in present value terms; and
       7. Absent structural reforms, spending on Social Security 
     will increase from 4.3 per cent of gross domestic product in 
     2004 to 6.6 per cent in 2078; and
       Whereas, the Congressional Budget Office, the Government 
     Accountability Office, the Congressional Research Service, 
     the Chairman of the Federal Reserve Board and the President's 
     Commission to Strengthen Social Security have all warned that 
     failure to enact fiscally responsible Social Security reform 
     quickly will result in one or more of the following: 1. 
     Higher tax rates; 2. lower Social Security benefit levels; 3. 
     increased federal debt or less spending on other federal 
     programs;
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the President, the Congress and the American 
     people, including seniors, workers, women, minorities and 
     disabled persons, should work together at the earliest 
     opportunity to enact legislation to achieve a solvent and 
     permanently sustainable Social Security system.
       2. That Social Security reform must:
       (a) Protect current and near retirees from any changes to 
     Social Security benefits.
       (b) Reduce the pressure on future taxpayers and on other 
     budgetary priorities.
       (c) Provide benefit levels that adequately reflect 
     individual contributions to the Social Security system.
       (d) Preserve and strengthen the safety net for vulnerable 
     populations including the disabled and survivors.
       3. That the United States Congress should honor section 
     13301 of the Budget Enforcement Act of 1990.
       4. 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-110. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to the United States entering into the Free Trade 
     Area of the Americas; to the Committee on Finance.

                     House Concurrent Memorial 2006

       Whereas, the United States of America has always been the 
     world leader in pushing for free trade. which is a hallmark 
     of our capitalistic society; and
       Whereas, both the World Trade Organization (WTO) and the 
     North American Free Trade Agreement (NAFTA), through the use 
     of trade tribunals, now claim the sovereign authority to 
     overrule decisions of American courts and make awards to 
     foreign businesses for violations of trade agreements; and
       Whereas, the United States is considering entering into a 
     new thirty-four member Free Trade Area of the Americas (FTAA) 
     in 2005.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring prays:
       1. That the United States Congress vote no on any agreement 
     for the United States to enter into a Free Trade Area of the 
     Americas (FTAA).
       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.

                          ____________________