[Congressional Record Volume 153, Number 119 (Tuesday, July 24, 2007)]
[Senate]
[Pages S9829-S9831]
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-169. A resolution adopted by the Senate of the State of 
     Pennsylvania opposing the provisions of the Energy Policy Act 
     of 1992 that preempt the authority of the Commonwealth of 
     Pennsylvania to determine land use policies; to the Committee 
     on Energy and Natural Resources.

                       Senate Resolution No. 129

       Whereas, the Energy Policy Act of 2005 (EPact) was passed 
     by the Congress on July 29, 2005, and signed into law on 
     August 8, 2005; and
       Whereas, the EPact was promoted as a comprehensive approach 
     to growing energy needs and designed to guarantee development 
     of domestic fuel production and energy supply, thereby ending 
     United States dependence on foreign oil; and
       Whereas, provisions of the omnibus legislation touch on 
     nearly every segment of energy production and use, including 
     nuclear power, electricity, natural gas, fossil fuels, 
     renewable energy and competitive generation; and
       Whereas, a provision of Title XII of the EPact, 
     Electricity, however, preempts what have long been 
     fundamental powers of state and local governments; and
       Whereas, section 1221, for example, transfers the authority 
     to approve the siting of certain transmission lines from 
     state governments and their political subdivisions to 
     agencies of the Federal Government; and
       Whereas, section 1221(a) of EPact directs the Untied States 
     Secretary of Energy to, in consultation with states, conduct 
     periodic nationwide studies of electric transmission 
     congestion; and
       Whereas, the Secretary of Energy released its initial 
     National Electric Transmission Congestion study in August 
     2006; and
       Whereas, based upon the findings of any congestion study, 
     the Secretary of Energy may designate ``any geographical area 
     experiencing electric energy transmission capacity 
     constraints or congestion that adversely affects customers'' 
     as ``national interest electric transmission corridor'' or 
     national corridor; and
       Whereas, section 1221(b) further conveys to the Federal 
     Energy Regulatory Commission (FERC) the authority to issue 
     permits for construction or modification of electric 
     transmission facilities situated or proposed to be situated 
     in any Department of Energy designated national interest 
     electric transmission corridor; and
       Whereas, the FERC would be able to override the authority 
     of the Pennsylvania Public Utility Commission to issue a 
     certificate of public convenience to approve and locate a 
     transmission line in a Department of Energy designated 
     national interest electric transmission corridor if:
       (1) the Pennsylvania Public Utility Commission had no 
     authority to approve a specified transmission line proposal 
     or would fail to consider interstate benefits of the proposed 
     transmission line:
       (2) the applicant would not qualify for a certificate of 
     public convenience issued by the Pennsylvania Public Utility 
     Commission because it does not serve end-use customers in the 
     Commonwealth of Pennsylvania;
       (3) the Pennsylvania Public Utility Commission would fail 
     to act on an application for approval to locate and construct 
     the new transmission line within one year of the filing of an 
     application or one year after designation as a national 
     interest electric transmission corridor, whichever is later; 
     or
       (4) the Pennsylvania Public Utility Commission would 
     condition its approval in such a manner that the proposed 
     construction or modification would not significantly reduce 
     transmission congestion or would not be economically 
     feasible; and
       Whereas, the Pennsylvania Public Utility Commission and its 
     predecessor, the Public Service Commission, have had 
     jurisdictional and regulatory authority over public utilities 
     and public utility service, including the review and approval 
     of applications for the location and construction of 
     transmission lines in the Commonwealth of Pennsylvania since 
     1913, or for 94 years; and
       Whereas, the designation of national interest electric 
     transmission corridors in the Commonwealth of Pennsylvania, 
     coupled with FERC ``backstop'' authority to issue permits to 
     site a transmission line and thereby override the 
     recommendations of the Pennsylvania Public Utility 
     Commission, would give electric utilities access to Federal 
     eminent domain authority; and
       Whereas, if FERC would institute its ``backstop'' 
     authority, the holder of a FERC-issued permit would be 
     empowered to exercise the right of eminent domain to condemn 
     and acquire private property to locate and construct the 
     transmission line; and
       Whereas, on March 6, 2006, Allegheny Power and the PJM 
     Interconnection, the Regional Transmission Organization that 
     coordinates the movement of wholesale electricity in all or 
     parts of 13 states and the District of Columbia, including 
     the Commonwealth of Pennsylvania, filed for early designation 
     as a national interest electric transmission corridor a 240-
     mile, 500 kV transmission line which would extend from 
     southwestern Pennsylvania, traverse West Virginia and 
     terminate in northern Virginia; and
       Whereas, on October 10, 2006, the PJM Interconnection 
     submitted another request to the Department of Energy for 
     early designation of three additional national interest 
     electric transmission corridors that will encompass nearly 
     all of the Mid-Atlantic region; and
       Whereas, the early request filed with the United States 
     Department of Energy by Allegheny Power and the PJM 
     Interconnection, if granted, will include significant acreage 
     of land in the Commonwealth of Pennsylvania; and
       Whereas, on April 26, 2007, the United States Department of 
     Energy released drafts of two national interest electric 
     transmission corridor designations, including the Mid-
     Atlantic Area National Corridor; and
       Whereas, the Mid-Atlantic area National Corridor 
     designation includes counties in Ohio, West Virginia, 
     Pennsylvania, New York, Maryland, Virginia and includes all 
     of New Jersey, Delaware and the District of Columbia; and
       Whereas, Fifty of the Commonwealth of Pennsylvania's 67 
     counties, or 75% of the land within the Commonwealth's 
     geographic borders, are included in the Mid-Atlantic Area 
     National Corridor designation; and
       Whereas, in its release announcing the draft national 
     interest electric transmission corridor designations, the 
     Department of Energy revealed that it would convene three 
     public meetings during a 60-day comment period; and
       Whereas, in its April 26, 2007, announcement, the 
     Department of Energy revealed that public meetings would be 
     held in New York, Virginia and California during the 60-day 
     comment period; and
       Whereas, some local governments, citizens and preservation 
     groups that would be directly impacted by the designation of 
     national interest electric transmission corridors in the 
     Commonwealth of Pennsylvania

[[Page S9830]]

     and some other affected states contacted the Department of 
     Energy to express their disappointment and concern that no 
     public meetings were planned for Pennsylvania and other 
     affected states during the 60-day comment period; and
       Whereas, on May 8, 2007, the Department of Energy announced 
     that it would hold four additional meetings during the 60-day 
     public comment period in some states, including the 
     Commonwealth of Pennsylvania, that would be impacted by the 
     national interest electric transmission corridor 
     designations; and
       Whereas, the Pennsylvania public meeting will be convened 
     in the month of June in Pittsburgh, Pennsylvania; and
       Whereas, the 60-day comment period for the Mid-Atlantic 
     Area National Corridor designation is scheduled to and on 
     July 6, 2007; and
       Whereas, it is alleged that the transmission lines proposed 
     to be located and constructed in the Mid-Atlantic Area 
     National Corridor would be used to relieve energy congestion 
     and constraints and improve electric reliability in 
     population centers of the East Coast; and
       Whereas, designation of national interest electric 
     transmission corridors in the Commonwealth of Pennsylvania 
     could diminish or eliminate the role of the Pennsylvania 
     Public Utility Commission, the administrative agency of the 
     Commonwealth that has regulatory authority over the approval 
     of applications for the location and construction of 
     transmission lines; and
       Whereas, designation of national interest electric 
     transmission corridors would also adversely limit or 
     completely eliminate the roles of the Office of Consumer 
     Advocate and the Office of Small Business Advocate; and
       Whereas, the Office of Consumer Advocate and the Office of 
     Small Business Advocate are administrative agencies of the 
     Commonwealth of Pennsylvania that were expressly established 
     by Pennsylvania statute to represent the interests of 
     consumers and small businesses, respectively, in proceedings 
     before the Pennsylvania Public Utility Commission, including 
     certain matters related to the location and construction of 
     transmission lines; and
       Whereas, designation of national interest electric 
     transmission corridors and FERC's accompanying ``backstop'' 
     authority could diminish or even eliminate the roles of other 
     administrative agencies of the Commonwealth of Pennsylvania 
     that were established for the express purpose of protecting 
     Pennsylvania's economic, natural, historical, cultural and 
     recreational resources, including the Departments of 
     Environmental Protection, Conservation and Natural Resources, 
     Agriculture and Transportation as well as the Game Commission 
     and the Historical and Museum Commission; and
       Whereas, designation of national interest electric 
     transmission corridors in the Commonwealth of Pennsylvania 
     would undermine and in some cases eliminate the 
     Commonwealth's ability to determinate, manage and control 
     land use policies, including land use policies on its 
     agricultural lands, forest reserves, recreational areas, game 
     lands and other natural and environmentally sensitive areas: 
     Therefore, be it
       Resolved, That the Senate of Pennsylvania recognize fully 
     the energy and environmental challenges facing the 
     Commonwealth of Pennsylvania in general and the United States 
     in particular; and be it further
       Resolved, That the Senate believes that demand for energy 
     continues to be a concern nationwide, especially in major 
     population centers, and that an effective national energy 
     policy must include increased emphasis on conservation, 
     renewable energy, energy-efficient alternatives, demand-side 
     management, innovations and new technologies while 
     simultaneously providing incentives to increase domestic 
     production and supply; and be it further
       Resolved, That the Senate recognize that an effective 
     energy policy must be addressed nationally but should reflect 
     traditional state and local authority over environmental and 
     energy matters; and be it further
       Resolved, That the Senate oppose the provisions of EPact 
     which preempt the authority of the Commonwealth of 
     Pennsylvania and its political subdivisions to determined 
     land use policies and which usurp the traditional and 
     fundamental authority of the Pennsylvania Public Utility 
     Commission to review and approve applications for the 
     location and construction of transmission lines in the 
     Commonwealth of Pennsylvania; and be it further
       Resolved, That the Senate urge the members of the 
     Pennsylvania Congressional Delegation to support legislation 
     to repeal section 1221 of EPact and thereby preserve the 
     fundamental rights of the Commonwealth of Pennsylvania and 
     its people to determine the future of land use policies; and 
     be it further
       Resolved, That copies of this resolution be transmitted to 
     the residing officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-170. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to review and consider 
     eliminating provisions of federal law which reduce Social 
     Security benefits for those receiving pension benefits from 
     federal, state, or local government retirement systems or 
     funds; to the Committee on Finance.

                  Senate Concurrent Resolution No. 114

       Whereas, the Congress of the United States has enacted both 
     the Government Pension Offset (GPO), reducing the spousal and 
     survivor Social Security benefit, and the Windfall 
     Elimination Provision (WEP), reducing the earned Social 
     Security benefit for any person who also receives a federal, 
     state, or local retirement or pension benefit; and
       Whereas, the intent of Congress in enacting the GPO and the 
     WEP provisions was to address concerns that a public employee 
     who had worked primarily in federal, state, or local 
     government employment might receive a public pension in 
     addition to the same Social Security benefit as a person who 
     had worked only in employment covered by Social Security 
     throughout his career; and
       Whereas, the purpose of Congress in enacting these 
     reduction provisions was to provide a disincentive for public 
     employees to receive two pensions; and
       Whereas, the GPO negatively affects a spouse or survivor 
     receiving a federal, state, or local government retirement or 
     pension benefit who would also be entitled to a Social 
     Security benefit earned by a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     Social Security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement or pension 
     benefit received by the spouse or survivor, in many cases 
     completely eliminating the Social Security benefit; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement benefits, in 
     addition to working in employment covered under Social 
     Security and paying into the Social Security system; and
       Whereas, the WEP reduces the earned Social Security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce Social Security benefits for affected persons by as 
     much as one-half of the retirement benefit earned as a public 
     servant in employment not covered under Social Security; and
       Whereas, because of these calculation characteristics, the 
     GPO and the WEP have a disproportionately negative effect on 
     employees working in lower-wage government jobs, like 
     policemen, firefighters, teachers, and state employees; and
       Whereas, because the Social Security benefit statements do 
     not calculate the GPO and the WEP, many public employees in 
     Louisiana are unaware that their expected Social Security 
     benefits shown on such statements will be significantly lower 
     or nonexistent due to the service in public employment 
     through which they are members of a Louisiana public 
     retirement or pension system or fund; and
       Whereas, these provisions also have a greater adverse 
     effect on women than on men because of the gender differences 
     in salary that continue to plague our nation and the longer 
     life expectancy of women; and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of her citizens and to encourage them to live 
     here lifelong: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to review the 
     GPO and the WEP Social Security benefit reductions and to 
     consider eliminating or reducing them by enacting the Social 
     Security Fairness Act of 2007 (H.R. 82 or S. 206) or a 
     similar instrument. 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-171. A concurrent resolution adopted by the Senate of 
     the State of New Hampshire urging Congress to amend the No 
     Child Left Behind Act with consideration of the National 
     Conference of State Legislatures' task force recommendations; 
     to the Committee on Health, Education, Labor, and Pensions.

                      Senate Concurrent Resolution

       Whereas, in 2002 the No Child Left Behind Act was enacted 
     on a bipartisan basis, which has as its purpose bringing 
     academic achievement in language arts, mathematics, and 
     science to students who are not presently achieving at 
     proficiency levels; and
       Whereas, in 2004 the National Conference of State 
     Legislatures created a bipartisan task force to study the No 
     Child Left Behind Act and the task force suggested specific 
     changes to make the No Child Left Behind Act more workable, 
     more responsive to variations among the states, and more 
     effective in improving education; and
       Whereas, a stated goal of the No Child Left Behind Act is 
     to provide flexibility for states to improve academic 
     achievement and to close the achievement gap, the task force 
     found that more flexibility should be granted to states to 
     implement the No Child Left Behind Act; and
       Whereas, the New Hampshire general court had representation 
     on the bipartisan task force and concurs with the spirit of 
     the recommendations of the National Conference of State 
     Legislatures; and
       Whereas, a well-designed growth model, with multiple forms 
     of assessment, is a more meaningful and accurate measure of 
     student success than the No Child Left Behind Act model of 
     identifying schools in need of improvement; and
       Whereas, the No Child Left Behind Act mandates a costly 
     sequence of intervention services, which the task force found 
     to be inflexible and instead recommended states to be allowed 
     to decide the interventions when

[[Page S9831]]

     a school is ``in need of improvement'': Now, therefore, be it
       Resolved by the Senate, the House of Representatives 
     concurring, That the New Hampshire general court urges the 
     Congress of the United States to amend the No Child Left 
     Behind Act with consideration of the National Conference of 
     State Legislatures' task force recommendations, to allow each 
     state department of education the flexibility to monitor, 
     supervise, and evaluate each school's effectiveness in 
     documenting the physical, personal, social, and academic 
     growth of each child; and
       That the New Hampshire general court urges the Congress of 
     the United States to request a Government Accountability 
     Office evaluation of the costs to states and local school 
     districts of complying with the No Child Left Behind Act 
     requirements and of achieving the 100 percent proficiency 
     goals of the No Child Left Behind Act; and
       That the senate clerk send copies of this resolution to the 
     President and Secretary of the United States Senate, the 
     Speaker and the Clerk of the United States House of 
     Representatives, and each member of the New Hampshire 
     congressional delegation.
                                  ____

       POM-172. A resolution adopted by the Senate of the State of 
     Pennsylvania urging Congress to repeal the REAL ID Act or 
     delay its implementation until such time as sufficient funds 
     are available to adequately cover the costs of implementation 
     and amendment is made to preserve essential civil rights; to 
     the Committee on the Judiciary.

                           Senate Resolution

       Whereas, in May 2005 the Congress of the United States 
     passed the REAL ID Act of 2005 (REAL ID Act) as part of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief Act, 2005 (Public 
     Law 109-13), which was signed into law on May 11, 2005, and 
     which becomes fully effective May 11, 2008; and
       Whereas, the Senate of the Commonwealth of Pennsylvania 
     denounces terrorism in all its forms and condemns all acts of 
     terrorism by any entity, wherever the acts occur; and
       Whereas, any new security measures to protect against 
     terrorist attacks should be carefully designed to enhance 
     public safety without infringing on the civil liberties and 
     rights of citizens; and
       Whereas, the REAL ID Act constitutes an unfunded mandate by 
     the Federal Government to the states; and
       Whereas, it will cost the Commonwealth of Pennsylvania an 
     estimated $100 million to implement the REAL ID Act; and
       Whereas, the implementation of the REAL ID Act intrudes 
     upon the states' sovereign power to determine their own 
     policies for identification, licensure and credentialing of 
     individuals residing therein; and
       Whereas, the REAL ID Act requires the creation of a massive 
     public sector database containing information on every 
     American that is accessible to all motor vehicle agency 
     employees and law enforcement officers nationwide and that 
     can be used to gather and manage information on citizens, 
     which is neither the business nor the responsibility of 
     government; and
       Whereas, the REAL ID Act enables the creation of additional 
     massive private sector databases, combining both 
     transactional information and driver's license information 
     gained from scanning the machine-readable information 
     contained on every driver's license; and
       Whereas, these public and private databases are likely to 
     contain numerous errors and false information, creating 
     significant hardship for Americans attempting to verify their 
     identities in order to fly, open a bank account or perform 
     any of the numerous functions required to live in the United 
     States today; and
       Whereas, the REAL ID Act requires a driver's license to 
     contain a person's actual home address and makes no exception 
     for individuals in potential danger, such as undercover law 
     enforcement officials or victims of domestic violence, 
     stalking or criminal harassment; and
       Whereas, the REAL ID Act contains onerous record 
     verification provisions that place unreasonable burdens on 
     Pennsylvanians renewing their driver's licenses; and
       Whereas, some of the intended privacy requirements of the 
     REAL ID Act, such as the use of common machine-readable 
     technology and state maintenance of a database that can be 
     shared with the United States Government and agencies of 
     other states, may actually make it more likely that a 
     federally required driver's license or state identification 
     card, or the information about the bearer on which the 
     license or card is based, will be stolen, sold or otherwise 
     used for purposes that were never intended or that are 
     criminally related than if the REAL ID Act had not been 
     enacted; and
       Whereas, these potential breaches in privacy that could 
     result directly from compliance with the REAL ID Act may 
     violate the right to privacy of thousands of Pennsylvanians; 
     and
       Whereas, identification-based security provides only 
     limited security benefits because it can be avoided by 
     defrauding or corrupting card issuers and because it gives no 
     protection against people not already known to be planning or 
     committing wrongful acts; and
       Whereas, a growing number of states have proposed and 
     passed legislation that opposes the implementation of the 
     REAL ID Act: Therefore, be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania support the intention of the United States 
     Government to prevent terrorism, but not at the expense of 
     the essential civil rights and liberties of the citizens of 
     this country; and be it further
       Resolved, That the Senate oppose any portion of the REAL ID 
     Act that violates the rights and liberties guaranteed under 
     the Constitution of Pennsylvania or the Constitution of the 
     United States, including the Bill of Rights; and be it 
     further
       Resolved, That the Senate urge the Pennsylvania 
     Congressional Delegation to support measures to repeal the 
     REAL ID Act or to delay its implementation until such time as 
     sufficient funds are available to adequately cover the costs 
     of implementation and amendment is made to preserve essential 
     civil rights and liberties of the citizens of this country; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.

                          ____________________