[Congressional Record Volume 151, Number 166 (Tuesday, December 20, 2005)]
[Senate]
[Pages S14182-S14185]
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-244. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to enjoin 
     the Federal Emergency Management Agency from mandating that 
     structures rebuilt in the New Orleans area after Hurricane 
     Katrina be elevated; to the Committee on Banking, Housing, 
     and Urban Affairs.

                   House Concurrent Resolution No. 41

       Whereas, the system of levees meant to protect the greater 
     New Orleans area has been deemed deficient, such levees 
     having been constructed using standards developed to protect 
     farmland rather than extensive residential and commercial 
     development with millions of inhabitants; and
       Whereas, it is the consensus opinion of experts in the 
     engineering field across the United States that the safety 
     factors considered by government agencies in the design of 
     these levees were minimal, resulting in poor design and the 
     resulting catastrophic failures of the levee systems around 
     the New Orleans area; and
       Whereas, the Federal Emergency Management Agency may 
     mandate through administrative law, rule, or other fashion 
     that structures rebuilt in the New Orleans area be 
     constructed in an elevated manner, so as to be less 
     vulnerable to flooding in the future; and
       Whereas, the property owners in the flooded areas were not 
     responsible for the levee failures, nor the resulting 
     flooding, and as they begin to rebuild their homes and 
     businesses they should not be further burdened and penalized 
     by impossibly cumbersome and aesthetically displeasing 
     requirements for rebuilding their structures in an elevated 
     manner: therefore, be it
       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress take such actions as 
     are necessary to enjoin the Federal Emergency Management 
     Agency from mandating through administrative law, rule or 
     other fashion that structures rebuilt in the New Orleans area 
     be constructed in an elevated manner and to assure that 
     residents and homeowners be allowed to retain flood insurance 
     coverage at pre-Hurricane Katrina rates; and be it further
       Resolved, that a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-245. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as necessary to develop and 
     provide innovative solutions for financing housing in 
     parishes in Louisiana devastated by Hurricanes Katrina and 
     Rita; to the Committee on Banking, Housing, and Urban 
     Affairs.

                   House Concurrent Resolution No. 42

       Whereas, Hurricanes Katrina and Rita displaced an 
     unprecedented number of people and caused physical and 
     economic devastation of such a magnitude that it will take 
     many months and in some cases years before the affected 
     region can be rebuilt and many of those displaced can return 
     home; and
       Whereas, following Hurricanes Katrina and Rita, many 
     property owners in Louisiana face uncertainty about whether 
     they can or should rebuild their homes; and
       Whereas, many residents have lost jobs as a direct result 
     of the storms, and a large percentage of them have little or 
     no income and few assets on which they can rely to pay for 
     housing over the coming months; and
       Whereas, it is becoming increasingly clear that housing 
     initiatives of the Federal Emergency Management Agency (FEMA) 
     and the United States Department of Housing and Urban 
     Development (HUD) are falling short in providing for lowest 
     income households to afford safe and decent housing; and
       Whereas, the primary mission of any redevelopment plan must 
     be the economic stabilization and redevelopment of areas 
     within Louisiana that were devastated or significantly 
     distressed by the storms; and
       Whereas, any comprehensive redevelopment plan must provide 
     innovative solutions to financing homes for low-income 
     families that are located in close proximity to viable 
     transportation systems that provide easy access to jobs, 
     schools, and other services; and
       Whereas, any comprehensive redevelopment plan must clearly 
     indicate that no powers of eminent domain shall be granted; 
     and
       Whereas, an effective redevelopment plan must assure that 
     all efforts will be made in consultation with state and local 
     officials in order to provide for the protection and 
     preservation of historical and other sites of cultural 
     significance in such a manner that promotes local heritage 
     and interest; and
       Whereas, investment in intelligent, thoughtful, and 
     inclusive planning will pay off in permanent communities of 
     high quality and economic sustainability: therefore, be it
       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to develop and provide innovative solutions 
     for financing housing in parishes in Louisiana devastated by 
     Hurricanes Katrina and Rita; and be it further
       Resolved, that a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-246. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enacting comprehensive natural disaster insurance 
     legislation affecting financial capacity that will address, 
     encourage, and support insurance company reserving for future 
     catastrophes by making such reserves deductible for federal 
     income tax purposes; to the Committee on Banking, Housing, 
     and Urban Affairs.

                   House Concurrent Resolution No. 43

       Whereas, the loss of life and property from severe natural 
     disasters, as evidenced by recent Hurricanes Katrina, Rita, 
     and Wilma, represents a major national problem; and
       Whereas, severe natural disasters, including but not 
     limited to damages caused by windstorm and earthquake, can 
     strike any state or several states at any time, with the 
     potential of threatening large segments of the population of 
     the United States; and
       Whereas, severe natural disasters can cause losses in the 
     tens of billions of dollars or more, threatening the solvency 
     of insurers and the viability of insurance markets on a 
     local, regional, and national level; and
       Whereas, individual state responses are appropriate but 
     limited in protecting against disasters, as state and private 
     insurers lack the resources to cover catastrophic disasters; 
     and
       Whereas, the existing federal disaster programs rely a 
     great degree on the congressional appropriation of disaster 
     relief dollars on an ad hoc basis and at great and 
     unnecessary cost to taxpayers; and
       Whereas, states have documented that problems in the 
     current insurance market are rooted in and exacerbated by 
     federal tax policy which discourages reserving for future 
     catastrophes; and

[[Page S14183]]

       Whereas, federal tax laws and accounting principles do not 
     permit deduction of reserves for future natural disaster 
     losses and discourages insurers from accumulating assets to 
     pay for future catastrophic losses; and
       Whereas, some non-United States insurers are able to deduct 
     reserves for future catastrophe losses free of tax, giving 
     those insurers a competitive advantage over United States 
     insurers by enabling them to attract insurance and 
     reinsurance business that would otherwise be written by 
     United States insurers; and
       Whereas, the 1997 Coopers & Lybrand report entitled 
     Analysis of Pre-Event Tax-Deductible Catastrophe Reserves 
     underscored the following projections if congress were to 
     enact legislation to encourage the use of pre-event tax 
     deductible catastrophe reserves: that the property and 
     casualty industry would build substantial catastrophe reserve 
     funds; that overall industry assets would increase 
     substantially; that the number of insolvencies taking place 
     after a catastrophic disaster would significantly decrease, 
     and that the magnitude of insolvencies taking place after a 
     catastrophic disaster would significantly decrease; and
       Whereas, the same Coopers & Lybrand report also underscored 
     the further projections if congress were to enact legislation 
     to encourage the use of pre-event tax deductible catastrophe 
     reserves: that United States reinsurers would become more 
     competitive in the global reinsurance marketplace; that 
     United States insurers would likely cede monies to United 
     States reinsurers rather than to foreign reinsurers; that 
     federal tax receipts could dramatically increase due to 
     increased tax revenue from underwriting profits associated 
     with retained United States premium, investment income earned 
     on that same premium, and profits from additional foreign 
     premiums that would come onshore as United States reinsurers 
     seek to diversify their catastrophic losses; and that the 
     number of policyholders who lose insurance after a major 
     event could decrease: therefore, be it
       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enact comprehensive 
     natural disaster insurance legislation affecting financial 
     capacity that will address, encourage, and support insurance 
     company reserving for future catastrophes by making such 
     reserves deductible for federal income tax purposes; and be 
     it further
       Resolved, that a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-247. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enacting a health insurance premium reimbursement 
     program and a federal income tax credit for the health 
     insurance premiums for affected victims of Hurricanes Katrina 
     and Rita; to the Committee on Banking, Housing, and Urban 
     Affairs.

                   House Concurrent Resolution No. 44

       Whereas, the destruction left in the wake of Hurricanes 
     Katrina and Rita poses a growing risk that hundreds of 
     thousands of people in the most severely affected areas will 
     soon lose their privately paid access to health care 
     benefits; and
       Whereas, this is particularly true for those individuals 
     who work for small businesses facing financial difficulties 
     and for those who have lost or are about to lose their jobs; 
     and
       Whereas, the Gulf Coast's health care system as a whole is 
     already under considerable stress with few health care 
     facilities in operation and thousands of medical 
     professionals currently displaced; and
       Whereas, if returning residents are not able to pay for 
     required medical services after the current grace period 
     instituted by the commissioner of insurance for payment of 
     health insurance premiums in Louisiana which ends on November 
     30, 2005, the system could deteriorate further in the most 
     severely affected areas; and
       Whereas, a two-component program to provide interim support 
     to those who are most at risk of losing their private health 
     benefits coverage is needed; and
       Whereas, the program would apply only to certain parishes 
     within the Federal Emergency Management Agency (FEMA) orange 
     zone in Louisiana for both Hurricane Katrina, specifically 
     Orleans, St. Bernard, Plaquemines, Jefferson, St. Tammany, 
     and Washington, and for Hurricane Rita, specifically Cameron, 
     Vermilion, and Calcasieu; and
       Whereas, the first component could be a federal premium 
     reimbursement program to pay the premiums of individuals with 
     personal policies and of small employers, those with fifty or 
     fewer employees, with group policies by paying to insurers 
     the premium amount fixed for August 2005 for the months of 
     September, October, and November 2005; and
       Whereas, the program could cover both paid and unpaid 
     premiums to provide the same benefits to all defined 
     individuals and small businesses, such that if a 
     reimbursement payment duplicates a premium actually paid, 
     that amount could be applied to future premiums or refunded 
     to the insured upon request; and
       Whereas, definitions of eligible individuals and small 
     employers, along with administrative provisions, could be the 
     same or similar to those in S. 1769; and
       Whereas, the second component could be a federal income tax 
     credit for eligible individuals who are unemployed due to 
     Hurricane Katrina or Rita; and
       Whereas, the tax credit could be sixty-five percent of 
     premiums actually paid by eligible unemployed individuals to 
     health insurers for the twelve months from December 2005 
     through November 2006; and
       Whereas, the tax credit could be eighty percent for 
     individuals who are at or below three hundred percent of the 
     federal poverty level; and
       Whereas, an eligible individual could be defined as a 
     person who worked in one of the affected parishes at the time 
     of the hurricane, was covered by health insurance at the time 
     of the hurricane, and is determined to be unemployed during a 
     premium period as a result of the hurricane; and
       Whereas, former employees of companies of all sizes could 
     be eligible, not just small businesses and individuals 
     purchasing their own insurance; and
       Whereas, the credit mechanism could be structured like the 
     trade adjustment credit in Internal Revenue Code Section 35, 
     which is applied to make federal payments directly to the 
     health insurance company for individuals eligible for the 
     credit: Therefore, be it
       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress to enact a health 
     insurance premium reimbursement program and a federal income 
     tax credit for the health insurance premiums for affected 
     victims of Hurricanes Katrina and Rita; and be it further
       Resolved, that a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-248. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to forgive 
     the debt of Louisiana's local governments resulting from 
     seven hundred fifty million dollars in loans made available 
     to them as disaster relief; to the Committee on Banking, 
     Housing, and Urban Affairs.

                   House Concurrent Resolution No. 50

       Whereas, the United States Congress has enacted legislation 
     that allows seven hundred fifty million dollars to be 
     transferred from the Federal Emergency Management Agency 
     (FEMA) Disaster Relief Fund to the Community Disaster Loan 
     Program to assist parish governments in Louisiana that have 
     suffered the effects of Hurricane Katrina and Hurricane Rita; 
     and
       Whereas, the parishes most severely affected by the 
     hurricanes were left with little, if any, local tax revenue 
     for the foreseeable future, and such revenue is normally used 
     to pay the salaries of parish employees, such as law 
     enforcement officers, firefighters, and other essential 
     employees; and
       Whereas, Community Disaster Loans apply to localities 
     suffering decreased tax revenue as the result of a disaster, 
     and FEMA is authorized to reallocate seven hundred fifty 
     million dollars to this program to keep local governments 
     operating and to help them avoid layoffs; and
       Whereas, it is unfair to put the burden of a seven hundred 
     fifty million dollar debt on local Louisiana governments that 
     are struggling to recover economically while meeting the 
     enormous costs of replacing infrastructure and such debt will 
     not serve the purpose of achieving recovery, and thus it is 
     only fitting that the seven hundred fifty million dollars be 
     allocated as a grant program rather than a loan program and 
     that measures be taken to forgive these loans; and
       Whereas, local governments in other states who have 
     received similar loans following disasters have done so with 
     the option that such loans might be forgiven, and it is only 
     appropriate that the local governments of Louisiana be given 
     the same option; therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to forgive the debt resulting from the seven 
     hundred fifty million dollars in loans made available to 
     Louisiana's local governments as disaster relief; and be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-249. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to amend the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act, or suspend provisions thereof, with respect to the 
     requirement that the state of Louisiana reimburse the Federal 
     Emergency Management Agency for a portion of the other 
     assistance payments made to citizens of Louisiana due to 
     Hurricanes Katrina and Rita; to the Committee on Banking, 
     Housing, and Urban Affairs.

                   House Concurrent Resolution No. 53

       Whereas, the state of Louisiana has experienced in 
     Hurricanes Katrina and Rita natural disaster of unprecedented 
     proportions in American history; and

[[Page S14184]]

       Whereas, the citizens and communities of Louisiana have 
     suffered tremendous personal and economic loss, as reflected 
     in an economic downturn which has affected the state fisc 
     such that the state is experiencing nearly a one billion 
     dollar operating deficit; and
       Whereas, the Federal Emergency Management Agency expects to 
     provide in excess of forty billion dollars of disaster relief 
     payments for citizens of Louisiana; and
       Whereas, under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act the state of Louisiana would owe the 
     federal government approximately three billion seven hundred 
     million dollars as its portion of responsibility for the 
     disaster relief assistance provided by the Federal Emergency 
     Management Agency; and
       Whereas, the largest portion of federal assistance for 
     which the state is being held responsible for reimbursing the 
     Federal Emergency Management Agency is that for other 
     assistance payments, over which the state has no control 
     whatsoever in the granting or amount of payments; and
       Whereas, the citizens of Louisiana certainly should enjoy 
     the benefit of assistance from the federal government during 
     a crises such as Hurricane Katrina or Rita, and such benefit 
     should be provided by the federal government without a 
     requirement that the state provide reimbursement for 
     provision of such federal benefits; therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to amend the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act, or suspend provisions 
     thereof, with respect to the requirement that the state of 
     Louisiana reimburse the Federal Emergency Management Agency 
     for a portion of the other assistance payments made to 
     citizens of Louisiana due to Hurricanes Katrina and Rita; and 
     be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-250. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to provide 
     federal financial assistance to aid in rebuilding the 
     investor-owned utility systems that are indispensable to the 
     recovery efforts of the state of Louisiana and the city of 
     New Orleans, including but not limited to providing funding 
     through the United States Department of Housing and Urban 
     Development in the form of Community Development Block Grants 
     to investor-owned utilities for the restoration of electric 
     and gas service damaged by Hurricanes Katrina and Rita; to 
     the Committee on Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 69

       Whereas, on August 29, 2005, Hurricane Katrina, a category 
     four storm with sustained winds of one hundred forty miles 
     per hour, came ashore in Plaquemines Parish, Louisiana, near 
     the city of Buras, causing unprecedented flooding and 
     devastation in southeastern Louisiana, including breaches of 
     the levee system and flood walls of the city of New Orleans, 
     the death of more than one thousand state residents, the 
     displacement and evacuation of hundreds of thousands more, 
     and the widespread loss and destruction of businesses and 
     property; and
       Whereas, on September 24, 2005, Hurricane Rita, a category 
     four storm with sustained winds of one hundred twenty-five 
     miles per hour, came ashore near the Louisiana/Texas border, 
     causing unprecedented flooding and devastation in 
     southwestern Louisiana and southeastern Texas, the widespread 
     loss and destruction of property, and total disruption of the 
     lives of thousands, many of whom have no homes to which they 
     may return; and
       Whereas, Entergy Corporation (Entergy), through its 
     subsidiaries, Entergy Louisiana (ELI), Entergy Gulf States 
     (EGS), and Entergy New Orleans (ENO), is Louisiana's largest 
     electric and gas utility, and the resulting wind and flooding 
     of Hurricane Katrina significantly damaged major portions of 
     Entergy's utility infrastructure; and
       Whereas, in the aftermath of the disaster, Entergy and 
     others worked rapidly to provide emergency and temporary 
     services, and Entergy is currently working to restore 
     permanent service to all customers in its service territory; 
     and
       Whereas, Entergy estimates that the total restoration costs 
     for the repair or replacement of Entergy's electric and gas 
     facilities damaged by Hurricanes Katrina and Rita and 
     business continuity costs are in the range of 1.1 to 1.4 
     billion dollars and that the costs to Entergy New Orleans 
     alone to repair its utility infrastructure exceed four 
     hundred million dollars, not including potential incremental 
     losses; and
       Whereas, safe and reliable electric and gas utility service 
     is vital to the state's post-hurricane recovery efforts, and 
     the state of Louisiana deems it essential to keep Entergy and 
     its subsidiaries as productive and financially viable 
     companies that provide safe and reliable electric and gas 
     utility service to the residents and businesses of Louisiana; 
     and
       Whereas, the legislature is committed to the protection of 
     Entergy's residential and business customers from the 
     tremendous costs associated with the necessary rebuilding 
     efforts and in assisting Entergy and its subsidiaries, 
     particularly Entergy New Orleans, in regaining their 
     financial strength and stability so that they will be able to 
     continue providing safe and reliable service to their 
     customers; and
       Whereas, the legislature notes that following the terrorist 
     attacks of September 11, 2001, which caused catastrophic 
     destruction of life and property, the loss of an untold 
     number of jobs, and the displacement of many individuals and 
     businesses, billions of dollars in funds and other forms of 
     essential assistance were provided to the state of New York 
     and New York City by the federal government; and
       Whereas, the legislature notes that congress, in Public Law 
     107-206, passed on August 2, 2002, authorized the United 
     States Department of Housing and Urban Development to provide 
     seven hundred eighty-three million dollars in disaster 
     assistance for damaged properties and businesses, including 
     the restoration of utility infrastructure, and for economic 
     revitalization directly related to the September 11, 2001, 
     attacks; and
       Whereas, the state of Louisiana has suffered similar if not 
     greater human and economic losses as a result of Hurricanes 
     Katrina and Rita, resulting in devastating loss of life, 
     damage to businesses and property, and destruction of much of 
     Entergy's utility infrastructure in Louisiana: Therefore, be 
     it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States of America to take all 
     measures necessary to provide federal financial assistance to 
     aid in rebuilding the investor-owned utility systems that are 
     indispensable to the recovery efforts of the state of 
     Louisiana and the city of New Orleans, including but not 
     limited to providing funding through the United States 
     Department of Housing and Urban Development in the form of 
     Community Development Block Grants to investor-owned 
     utilities for the restoration of electric and gas service 
     damaged by Hurricanes Katrina and Rita; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-251. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to tasking the Government Accountability Office with 
     a complete audit of expenditures by the Federal Emergency 
     Management Agency on Katrina and Rita recovery efforts in 
     Louisiana; to the Committee on Banking, Housing, and Urban 
     Affairs.

                   House Concurrent Resolution No. 72

       Whereas, Louisiana is struggling to recover from the worst 
     natural disaster ever to be endured by citizens of the United 
     States, a disaster that left no aspect of life unscathed and 
     shredded large swaths of the social fabric of the society of 
     our state; and
       Whereas, the challenges we face are so numerous and complex 
     because the destruction was so complete and the diaspora of 
     citizens so extensive; and
       Whereas, the depth of the economic crisis alone is 
     unimaginable, not only because of the need to pay for the 
     extraordinary expenses associated with the storm, but also 
     due to the decline of revenue from the economic center of the 
     state, the New Orleans metropolitan area; and
       Whereas, beyond our own economic crisis, the Federal 
     Emergency Management Agency (FEMA) has submitted a request 
     for the state to reimburse the agency for a significant 
     portion of its Katrina and Rita recovery expenditures; and
       Whereas, FEMA's initial estimates were that it would spend 
     over $41 billion in Louisiana and that the state was 
     obligated to pay more than $3.7 billion of that amount; and
       Whereas, there is a prevailing perception among Louisiana 
     leaders and citizens that FEMA has not spent money 
     efficiently as there are reports of contract abuse in which 
     contractors subcontracted for work for pennies on the dollar 
     of what the prime contractor was being paid by FEMA, renting 
     expensive cruise ships when other entities offered to loan 
     ships, and more personal assistance checks being sent to a 
     parish than the number of households in the parish; and
       Whereas, not long after FEMA submitted its request for 
     payment to the state, it was revealed that there were 
     accounting errors in the agency's calculations resulting in 
     significant overestimation of its expenditures; and
       Whereas, in light of apparent inefficiencies and accounting 
     errors, it is appropriate that the expenditures by FEMA on 
     hurricane recovery in Louisiana be closely audited so as to 
     instill confidence that the amounts Louisiana is expected to 
     pay are fair and reasonable and to evaluate whether proper 
     controls were in place regarding FEMA practices and 
     expenditures; and
       Whereas, the Government Accountability Office (GAO) is an 
     independent and nonpartisan agency of the United States 
     Congress that is responsible for evaluating federal 
     government programs and auditing agency expenditures in order 
     to ensure the efficiency of government operations, and the 
     GAO is the appropriate agency to audit FEMA's hurricane 
     recovery expenditures in Louisiana: Therefore, be it
       Resolved,  That the Legislature of Louisiana does hereby 
     memorialize the United States

[[Page S14185]]

     Congress to task the Government Accountability Office with a 
     complete audit of expenditures, and the appropriateness and 
     reasonableness thereof, and by the Federal Emergency 
     Management Agency on Katrina and Rita recovery efforts in 
     Louisiana; and be it further
       Resolved,  That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-252. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to enjoining the United States Army Corps of 
     Engineers from engaging any contractor in the reconstruction 
     of the levees in the New Orleans area if investigations of 
     levee failures during Hurricanes Katrina and Rita indicate 
     that such contractor performed substandard design or 
     construction work on a portion of a levee that failed; to the 
     Committee on Environment and Public Works.

                        House Resolution No. 18

       Whereas, the catastrophic flooding of the city of New 
     Orleans and the surrounding area has had a staggering human 
     and economic impact on not only that region, but the entire 
     state of Louisiana; and
       Whereas, the areas which flooded were within a system of 
     levees which ostensibly served to protect the citizens and 
     property within them from flooding; and
       Whereas, the American Society of Civil Engineers reported 
     to the United States Congress with respect to poor design and 
     construction of the levee systems in the New Orleans area; 
     and
       Whereas, the United States Army Corps of Engineers will be 
     entering into many contracts to rebuild substantial portions 
     of the levee system that protect the New Orleans area; and
       Whereas, given the noted inadequacies in design and 
     construction of those parts of the levees that failed, 
     caution should be exercised so that those contractors who 
     performed the work to build the deficient portions are not 
     engaged again in the rebuilding efforts: Therefore, be it
        Resolved, that the House of Representatives of the 
     Legislature of Louisiana does hereby memorialize the United 
     States Congress to enjoin the United States Army Corps of 
     Engineers from engaging any contractor in the reconstruction 
     of the levees in the New Orleans area if investigations of 
     levee failures during Hurricanes Katrina and Rita indicate 
     that such contractor performed substandard design or 
     construction work on a portion of a levee that failed; and be 
     it further
       Resolved, that a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-253. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     adopting S520 and HR 1070, the Constitution Restoration Act 
     of 2005, which will limit the jurisdiction of the federal 
     courts and preserve the right to acknowledge God to the 
     states and to the people and resolve the issue of improper 
     judicial intervention in matters relating to the 
     acknowledgment of God; to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 30

       Whereas, on Monday, June 27, 2005, the U.S. Supreme Court 
     in two razor thin majorities of 5-4 in Van Orden v. Perry 
     (Texas) and ACLU v. McCreary County (Kentucky), concluded 
     that it is consistent with the First Amendment to display the 
     Ten Commandments in an outdoor public square in Texas, but 
     not on the courthouse walls of two counties in Kentucky; and
       Whereas, American citizens are concerned that the court has 
     produced two opposite results involving the same Ten 
     Commandments leading to the conclusion that, based on the 
     Kentucky decision, the Ten Commandments may be displayed in a 
     county courthouse provided it is not backed by a belief in 
     God; and
       Whereas, Supreme Justice Scalia emphasized the importance 
     of the Ten Commandments when he stated in the Kentucky case 
     ``The three most popular religions in the United States, 
     Christianity, Judaism, and Islam which combined account for 
     97.7% of all believers are monotheistic. All of them, 
     moreover, believe that the Ten Commandments were given by God 
     to Moses, and are divine prescriptions for a virtuous life''; 
     and
       Whereas, Chief Justice Rehnquist in the Texas case referred 
     to the duplicity of the United States Supreme Court in 
     telling local governments in America that they may not 
     display the Ten Commandments in public buildings in their 
     communities while at the same time allowing these same Ten 
     Commandments to be presented on these specific places on the 
     building housing the U.S. Supreme Court stating ``Since 1935, 
     Moses has stood, holding two tablets that reveal portions of 
     the Ten Commandments written in Hebrew, among other lawgivers 
     in the south frieze. Representations of the Ten Commandments 
     adorn the metal gates lining the north and south sides of the 
     courtroom as well as the doors leading into the courtroom. 
     Moses also sits on the exterior east facade of the building 
     holding the Ten Commandments tablets''; and
       Whereas, a recent poll by the First Amendment Center 
     revealed that seventy percent of Americans would have no 
     objection to posting the Ten Commandments in government 
     buildings and eighty-five percent would approve if the Ten 
     Commandments were included as one document among many 
     historical documents when displayed in public buildings; and
       Whereas, the First Amendment of the United States 
     Constitution, which provides in part that ``Congress shall 
     make no law respecting an establishment of religion'' is a 
     specific and unequivocal instruction to only the United 
     States Congress and the United States Constitution makes no 
     restriction on the ability of states to acknowledge God, the 
     Supreme Ruler of the Universe; and
       Whereas, the federal judiciary has overstepped its 
     constitutional boundaries and ruled against the 
     acknowledgment of God as the sovereign source of law, 
     liberty, and government by local and state officers and other 
     state institutions, including state schools; and
       Whereas, there is concern that recent decisions of the 
     court will be used by litigants in an effort to remove God 
     from the public square in America, including public buildings 
     and public parks; and
       Whereas, there is pending before the 1st Session of the 
     109th Congress the Constitution Restoration Act of 2005, 
     which will limit the jurisdiction of the federal courts and 
     preserve the right to acknowledge God to the states and to 
     the people and resolve the issue of improper judicial 
     intervention in matters relating to the acknowledgment of 
     God: Therefore, be it
       Resolved, that the Legislature of Louisiana memorializes 
     the Congress of the United States to adopt S520 and HR 1070, 
     the Constitution Restoration Act of 2005 and in doing so 
     protecting the ability of the people of Louisiana to display 
     the Ten Commandments in public placs, to express their faith 
     in public, to retain God in the Pledge of Allegiance, to 
     retain ``In God We Trust'' as our national motto, and to use 
     Article III, Section 2.2 of the United States Constitution to 
     except these areas from the jurisdiction of the United States 
     Supreme Court: Therefore, be it
       Resolved, that a copy of this Resolution shall be 
     transmitted to the administrator of the General Services, 
     Washington, D.C., to the secretary of the United States 
     Senate and the clerk of the United States House of 
     Representatives, and each member of the Louisiana delegation 
     to the United States Congress.

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