[Congressional Record Volume 155, Number 117 (Thursday, July 30, 2009)]
[Senate]
[Pages S8553-S8556]
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-68. A joint resolution adopted by the Senate of the 
     State of Tennessee relative to enacting the ``Honor the 
     Written Intent of our Soldier Heroes Act''; to the Committee 
     on Armed Services.

                    Senate Joint Resolution No. 352

       Whereas, federal law under 10 U.S.C. 1482(c) prohibits a 
     service member from designating

[[Page S8554]]

     a person other than a surviving spouse, blood relative, or 
     adoptive relative to direct the disposal of a service 
     member's remains; and
       Whereas, before deploying on a combat operation, a service 
     member is asked to designate a person who will be responsible 
     for arranging the service member's memorial services and 
     overseeing the service member's burial arrangements; and
       Whereas, service members fill out DD Form 93, on which they 
     express their last wishes with the expectation that their 
     last wishes regarding memorial services and burial 
     arrangements will be honored; and
       Whereas, since 2003, more than 4,000 service members who 
     have served their country honorably have given their lives in 
     combat; and
       Whereas, a service member deploying on a combat operation 
     in defense of our country should be allowed to designate any 
     person the service member wishes to direct the disposition of 
     the service member's remains; and
       Whereas, H.R. 1633 of the 111th U.S. Congress, the ``Honor 
     the Written Intent of our Soldier Heroes Act'', also referred 
     to as the Honor the WISH Act, amends 10 U.S.C. 1482(c) to 
     allow a service member to designate any person the service 
     member wishes to direct the disposition of the service 
     member's remains, regardless of the designated person's 
     relationship to the service member; now, therefore, be it
       Resvolved by the Senate of the one hundred sixth General 
     Assembly of the State of Tennessee, the House of 
     Representatives concurring, That this General Assembly hereby 
     urges the United States Congress to enact H.R. 1633 of the 
     111th U.S. Congress, the ``Honor the Written Intent of our 
     Soldier Heroes Act''; and BE IT FURTHER
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the Speaker and the Clerk of the United States 
     House of Representatives, the President and the Secretary of 
     the United States Senate, and each member of Tennessee's 
     Congressional Delegation.
                                  ____

       POM-69. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to maintain the 
     private, dual charter banking system as well as to preserve 
     the thrift charter and mutuality; to the Committee on 
     Banking, Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 114

       Whereas, the United States currently uses a dual banking 
     system that allows FDIC insured financial institutions to 
     choose between state and federal bank charters and multiple 
     regulators when organizing their business; and
       Whereas, the architecture of this dual banking system has 
     been developed over a long period of time, adapted to 
     changing markets, needs and innovations at the national and 
     state level, and has proven remarkably efficient and 
     effective; and
       Whereas, FDIC insured banks and thrifts in Louisiana are 
     safe and strong, highly regulated, and have not experienced 
     many of the issues being encountered in the financial 
     services industry at the national level; and
       Whereas, Louisiana banks and thrifts have remained true to 
     their core business and have greatly outperformed their 
     United States counterparts as a whole, especially in the 
     areas of loan growth, deposit growth, and asset growth; and
       Whereas, many of the problems experienced in the financial 
     services industry at the national level were the result of 
     unsound lending practices by loosely regulated, non-FDIC 
     insured institutions; and
       Whereas, as a result of the problems experienced by the 
     financial services industry at the national level and in the 
     economy as a whole, Congress has and will continue to explore 
     ways to restructure the financial services industry; and
       Whereas, in 2008 the United States Department of the 
     Treasury proposed, under its ``Blueprint for a Modernized 
     Financial Regulatory Structure,'' ending the dual banking 
     system by requiring all state chartered banks and state and 
     federally chartered thrifts to convert to federally chartered 
     banks, thereby eliminating the state bank and thrift charters 
     entirely; and
       Whereas, eliminating the dual charter banking system would 
     require a large percentage of Louisiana banks and thrifts to 
     change charters, thereby reducing regulator options and 
     forcing many financial institutions to accept a federal 
     regulator that may not have the same familiarity, as a state 
     regulator, with the specific needs of a particular financial 
     institution or with the local banking environment; and
       Whereas, abolishing remarkably efficient state banking 
     regulatory regimes in favor of one, consolidated federal 
     regulator just does not make sense when federal oversight of 
     Government Sponsored Entities (GSEs), such as Fannie Mae and 
     Freddie Mac, and Wall Street investment firms have proven to 
     be an utter failure; and
       Whereas, the Office of Thrift Supervision (OTS) regulates 
     federally chartered thrift institutions; and
       Whereas, the idea of eliminating the OTS has also been 
     discussed as part of regulatory restructuring of the 
     financial services industry; and
       Whereas, eliminating OTS would serve to eliminate charter 
     and regulator choice for thrifts operating in Louisiana; and
       Whereas, some thrifts operating in Louisiana organize as 
     mutual institutions, whereby the depositors are also the 
     owners of the institution; and
       Whereas, a financial institution's ability to organize as a 
     mutual institution should be preserved by Congress. 
     THEREFORE, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to take such actions as are 
     necessary to maintain the private, dual charter banking 
     system as well as to preserve the thrift charter and 
     mutuality; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-70. A resolution adopted by the Senate of the State of 
     Louisiana memorializing Congress to protect Louisiana 
     consumers and competition by opposing efforts to interfere 
     with free markets in order to artificially regulate payment 
     system interchange fees; to the Committee on Banking, 
     Housing, and Urban Affairs.

                       Senate Resolution No. 145

       Whereas, credit and debit cards are held and used by tens 
     of millions of Americans; and
       Whereas, the development of the electronic payment card 
     system in the competitive environment has benefitted 
     consumers, merchants, and the United States economy; and
       Whereas, the current payment card system has greatly 
     enhanced consumer convenience, merchant sales, and overall 
     commerce in Louisiana and in this country; and
       Whereas, interchange fees paid by merchants for use of the 
     payment card system help defray the extensive infrastructure 
     costs, increasing fraud losses, and nonpayment possibility 
     that are assumed by Louisiana financial institutions involved 
     in the payment card system; and
       Whereas, for merchants, interchange fees are a legitimate 
     cost of doing business that entitle them to all of the 
     benefits they receive from the payment card system, including 
     fast and guaranteed payment while bearing little, if any, 
     risk; and
       Whereas, consumers and merchants are free to choose from a 
     selection of payment options to complete their transactions, 
     including cash, checks, ACH, prepaid cards, debit cards, 
     credit cards, and alternative online payment options; and
       Whereas, merchants are free to choose not to accept credit 
     cards, debit cards, cash or checks or other payment methods; 
     and
       Whereas, merchants are free to offer discounts or 
     incentives for the use of cash and checks; and
       Whereas, merchant groups have had various interchange fee 
     proposals introduced in Congress in an attempt to shift their 
     legitimate costs of doing business and to pass such costs on 
     to consumers and financial institutions; and
       Whereas, such proposals would seriously disrupt the proper 
     functioning of our nation's electronic payment system to the 
     detriment of consumers, businesses, and the broader economy; 
     and
       Whereas, one such merchant proposal that recently failed in 
     Congress would have created a new federal bureaucracy that 
     had the ability to price fix interchange fees paid by 
     merchants to financial institutions for access to the payment 
     card system; and
       Whereas, consumers could be harmed if the protection of 
     antitrust laws were removed to allow for anti-competitive 
     behavior in connection with negotiation of payment card 
     acceptance and interchange fees; and
       Whereas, government imposed price controls on the payment 
     system would make many Louisiana financial institutions less 
     competitive and potentially make them unable to afford 
     issuing payment cards to Louisiana customers, thereby likely 
     decreasing competition and increasing the cost of obtaining 
     credit for consumers; and
       Whereas, the United States Department of Justice has 
     strongly warned that antitrust exemptions should be strongly 
     disfavored by Congress, and cautioned that strong antitrust 
     laws are critical to promoting and protecting consumer 
     welfare; therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to protect Louisiana 
     consumers and competition by opposing efforts to interfere 
     with free markets in order to artificially regulate payment 
     system interchange fees; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-71. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Texas 
     urging Congress to enact legislation facilitating the ability 
     of cities to access appropriate financing for critically 
     needed municipal projects; to the Committee on Banking, 
     Housing, and Urban Affairs.

                       House Resolution No. 1085

       Whereas, Deteriorating conditions in the credit markets 
     have severely diminished the ability of cities to access 
     traditional sources of funding for projects that meet 
     critical local needs; consequently, many municipal projects 
     today are in jeopardy or are being delayed, with prospects 
     for their future realization highly uncertain; and
       Whereas, Municipal projects provide important, effective 
     economic stimulus and are worthy of partnership with the 
     federal government; civic projects instantly create and

[[Page S8555]]

     cause the retention of multiple thousands of jobs in many 
     different industries; city projects often include 
     partnerships with the private sector that create a leveraging 
     of mutual interests and maximum economic benefit for the 
     greater community; many city projects are transit oriented, 
     which spurs additional economic benefit; moreover, when 
     projects involve the enhancement or development of public 
     mass transit, they result in reduced highway congestion, 
     reduced air pollution, and reduced dependence on foreign oil; 
     and
       Whereas, Projects supported by municipal bonds are vetted 
     locally, approved in elections by local voters, and 
     administered locally, conditions that promote the highest 
     level of transparency and accountability; and
       Whereas, Recently passed amendments to the Troubled Assets 
     Relief Program (TARP) legislation that are contained in H.R. 
     384, Section 402, clarify the authority of the U.S. Treasury 
     regarding municipal securities; exercising the authority to 
     directly purchase such bonds, and/or provide credit 
     enhancements for them, would provide an opportunity to 
     realize immediate, significant contributions to our economic 
     recovery; and
       Whereas, Directly purchasing municipal securities at 
     appropriate interest rates, or providing credit enhancements 
     that allow cities access to traditional market interest rates 
     for bonds, would give the federal government the opportunity 
     to be repaid, with interest, the entire sum it furnishes 
     through the partnership; in addition, providing this relief 
     in the municipal credit markets would result in a significant 
     tax reduction for local taxpayers in the form of dramatically 
     reduced publicly funded interest costs; and
       Whereas, Working together to construct an efficient 
     application of the authorization provided in H.R. 384, 
     Section 402, would greatly enhance our country's progress 
     toward economic recovery; now, therefore, be it
       Resolved, That the House of Representatives of the 81st 
     Texas Legislature hereby respectfully urge the United States 
     Congress to enact legislation facilitating the ability of 
     cities to access appropriate financing for critically needed 
     municipal projects; and, be it further
       Resolved, That the chief clerk of the house forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     Congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-72. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Texas 
     expressing opposition to any federal legislation that would 
     create an optional federal charter for insurers; to the 
     Committee on Banking, Housing, and Urban Affairs.

                        House Resolution No. 798

       Whereas, For more than 150 years, state insurance 
     regulators have provided effective consumer protection and 
     industry oversight; some members of the United States 
     Congress, however, have proposed to undermine this time-
     tested regulatory system by allowing insurance companies to 
     opt out of state oversight and into a new federal system of 
     chartering, licensing, regulation, and supervision; and
       Whereas, State lawmakers have a unique understanding of the 
     needs of their constituents and of the specific conditions 
     and characteristics that apply in their insurance 
     marketplace; they are able to assess and respond to changing 
     circumstances specific to their states with appropriate 
     modifications to regulations; and
       Whereas, A federal charter system would permit companies to 
     circumvent carefully crafted consumer protection laws and 
     strong solvency requirements that have been put in place by 
     individual states; proponents of such a federal system have 
     cited the recent collapse of the American International Group 
     as justification for a federal charter, but in fact, the 
     insurance subsidiaries of AIG that are regulated at the state 
     level have generally retained their value while federal 
     oversight failed to prevent the meltdown of the parent 
     company; and
       Whereas, Given the faltering economy, it is more important 
     than ever for state officials to exercise strong oversight of 
     the insurance industry for the benefit of consumers and to 
     maintain the stability of insurance companies; moreover, 
     premium taxes on insurance are a significant source of 
     revenue for the general funds of all states, providing more 
     than two percent of state tax revenues according to the 
     United States Census; experts estimate that an optional 
     federal charter could eventually draw away from the states 
     more than $14 billion in premium taxes and fees; and
       Whereas, The bifurcation of the insurance regulation system 
     is unnecessary and likely to promote confusion, ambiguity, 
     and fragmentation; it would create an expensive new federal 
     bureaucracy that would inevitably be less nimble and 
     responsive than state regulatory systems, while weakening the 
     ability of the states to protect the interests of their 
     residents; the McCarran-Ferguson Act of 1945 affirmed the 
     role of states as principal regulators of insurance, and 
     there is no compelling reason to make a change in the 
     regulatory rights and responsibilities of the states: Now, 
     therefore, be it
       Resolved, That the House of Representatives of the 81st 
     Texas Legislature hereby express its opposition to any 
     federal legislation that would create an optional federal 
     charter for insurers; and, be it further
       Resolved, That the chief clerk of the Texas House of 
     Representatives forward official copies of this resolution to 
     the president of the United States, to the speaker of the 
     house of representatives and the president of the senate of 
     the United States Congress, to the members of the U.S. House 
     Financial Services Committee, to the members of the U.S. 
     House Banking Committee, to the U.S. secretary of the 
     treasury, and to all members of the Texas delegation to 
     Congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       P0M-73. A concurrent resolution adopted by the Senate of 
     the State of Louisiana memorializing Congress to consider 
     appropriate legislation that would require the Federal 
     Communications Commission to prescribe auditory volume 
     standards for commercial advertisements broadcast on 
     television; to the Committee on Commerce, Science, and 
     Transportation.

                  Senate Concurrent Resolution No. 106

       Whereas, network television plays a prevalent part in 
     society and, to retain that competitive edge amongst the 
     plethora of digital media and other telecommunication 
     advancements, must be sensitive to consumer preference and 
     choice; and
       Whereas, commercial advertisers spend millions of dollars 
     annually to purchase brief intervals of broadcast time in 
     which to promote the purchase of their products and to 
     influence consumer behavior in a positive manner; and
       Whereas, to capitalize on these fleeting and costly time 
     periods, many advertisers resort to an excessive increase in 
     the decibel level of commercials during a telecast in 
     comparison to the programming in which each advertisement is 
     embedded, all in an effort to grab the attention of the 
     viewer and to market the product; and
       Whereas, these erratic, excessive volume levels sometimes 
     have an adverse effect on the well-being of consumers and 
     often have a negative effect on consumer behavior, purchasing 
     decisions, and viewing preferences; and
       Whereas, proposed legislation introduced in the 111th 
     Congress for 2009-2010, H.R. 1084: Commercial Advertisement 
     Loudness Mitigation Act (CALM), referred to the House 
     Committee on Energy and Commerce, addresses this 
     controversial issue; and
       Whereas, implementation of CALM would order the Federal 
     Communications Commission (FCC), to create and to enforce 
     governmental regulations that require that the volume level 
     of commercials on television is broadcast at an equal 
     auditory level as the programming in which it is embedded; 
     and
       Whereas, commercial advertisement makes the entertainment 
     and information of over-the-air free television possible, 
     offers a myriad of products and services to public view, and 
     sustains mass communication as an integral part of market-
     driven economics; and
       Whereas, control of decibel levels for advertisements 
     broadcast over commercial airwaves falls within the purview 
     of federal regulation, and that control is essential to the 
     comfort and sensibilities of the viewing public: Now, 
     therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to consider appropriate 
     legislation that would require the Federal Communications 
     Commission to regulate auditory volume standards for 
     commercial advertisements broadcast on television; and, be it 
     further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-74. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging and requesting support and 
     assistance in providing funding for the Wood to Electricity 
     Program; to the Committee on Energy and Natural Resources.

                  Senate Concurrent Resolution No. 49

       Whereas, the major focus of the Wood Products Development 
     Foundation is the expansion or development of new uses of 
     wood and wood waste products that result in a positive impact 
     on the economic conditions of the state; and
       Whereas, the timber industry has experienced a serious 
     decline in recent years, and this downturn will continue 
     unless new use sources are developed in the immediate future; 
     and
       Whereas, after studying numerous potential industries, the 
     foundation determined a project that used wood and wood waste 
     products to create electricity would be the most economically 
     viable expansion of raw wood products for the long term; and
       Whereas, the use and need for electricity will continue to 
     increase, and these projects will provide a renewable, green 
     source of electric power that does not affect the nation's 
     food supply or demand for food-based agricultural products 
     and materials for an indefinite period; and

[[Page S8556]]

       Whereas, these wood to electricity projects provide an 
     additional market for raw wood products even in a distressed 
     market, provide an additional source of electricity at a 
     market rate that is carbon neutral, and provide a dedicated 
     electrical source available locally to supply viable defense 
     structures and critical facilities in times of natural 
     disasters; and
       Whereas, the foundation has completed plans for two 
     centrally located plants within the state that will use wood 
     waste products from wood producers in the vicinity; and
       Whereas, the electrical production will be made equally 
     available to wood-related industries and a grid for the 
     benefit of low-income households within reasonable vicinity 
     of the plant sites; and
       Whereas, the two proposed projects will inject sixty 
     million dollars into the economy in terms of construction and 
     start-up costs and will create a minimum of thirty permanent 
     full-time jobs at the plant sites and approximately one 
     hundred jobs for suppliers of the wood fuel feedstock; and
       Whereas, in the last several months, significant regional 
     job losses in the wood industry make this effort even more 
     vital to securing new alternatives for value-added market 
     activity related to the wood resources of the state; and
       Whereas, there is a current need for additional funding to 
     complete the necessary regulatory, environmental, 
     engineering, and administrative functions to fulfill the 
     requirements for construction loan approvals: Now, therefore, 
     be it
       Resolved, that the Legislature of Louisiana does hereby 
     urge and request the Louisiana congressional delegation, the 
     governor, the Department of Economic Development, the 
     Department of Agriculture and Forestry, and the Public 
     Service Commission to assist in providing funding for any 
     necessary additional requirements, documentation, or studies 
     that may be needed to secure long-term funding, and to assist 
     in developing state and federal policies for wood to 
     electricity projects that put them on a commensurate funding 
     and taxation level with wind and solar generated electricity; 
     and be it further
       Resolved, that a copy of this Resolution be transmitted to 
     the Louisiana congressional delegation, the governor, the 
     Department of Economic Development, the Department of 
     Agriculture and Forestry, and the Public Service Commission.
                                  ____

       P0M-75. A concurrent resolution adopted by the Senate of 
     the State of Louisiana memorializing Congress to support the 
     American Clean Energy and Security Act of 2009; to the 
     Committee on Energy and Natural Resources.

                  Senate Concurrent Resolution No. 158

       Whereas, a federally mandated energy efficiency and 
     renewable energy standard for utilities is currently being 
     debated in Congress; and
       Whereas, federal standards for the regulation of climate 
     change gases, primarily carbon dioxide, are also being 
     actively debated in Congress; and
       Whereas, Louisiana's coast is comprised of forty percent of 
     the nation's coastal wetlands and it recognizes the 
     importance of coordinated and effective actions to reduce the 
     emissions of climate change gases; and
       Whereas, in areas of the country with limited wind and 
     hydroelectric resources, renewable energy standards, if 
     improperly implemented, can have significant adverse impacts 
     on non-participating ratepayers; and
       Whereas, renewable energy resources that are non-
     dispatchable and non-reliable do not reduce capacity 
     requirements of utilities and thus present an undue adverse 
     impact on non-participating ratepayers; and
       Whereas, energy efficiency can produce energy and demand 
     savings for a fraction of the cost of most forms of renewable 
     energy; and
       Whereas, renewable portfolio standards are traditionally 
     based solely on electrical energy production; and
       Whereas, in air conditioning-dominated climates, electrical 
     energy usage is a much larger component of total energy use 
     compared to heating dominated climates; and
       Whereas, heating energy sources such as heating oil pose 
     both environmental and national security risks as they 
     contribute to air pollution emissions and increased oil 
     imports: Now, therefore be it
       Resolved, that the Senate of the Legislature of Louisiana 
     memorializes the Congress of the United States to support the 
     American Clean Energy and Security Act of 2009; and, be it 
     further
       Resolved, that the Legislature of Louisiana does hereby 
     urge and request the Louisiana congressional delegation to 
     take appropriate action to insure the following:
       (1) Any federally mandated renewable portfolio standard 
     contain provisions whereby states with limited, currently 
     available, affordable renewable energy resources, such as 
     Louisiana, be allowed to utilize verifiable energy efficiency 
     improvements to existing loads to meet a minimum of sixty 
     percent of any such standard.
       (2) That the state be allowed to set up a mechanism whereby 
     Louisiana utility companies taking action in advance of the 
     imposition of the standard be allowed to bank any energy 
     efficiency savings and renewable energy production achieved 
     in order to help meet the requirements under any such 
     standard.
       (3) That tax credits and rebates offered by the state of 
     Louisiana or any local jurisdiction within the state be 
     declared by the United States Internal Revenue Service to be 
     nontaxable income and will not reduce the tax credit basis of 
     any federal energy efficiency or renewable energy tax credit.
       (4) That mandates for renewable energy production that is 
     not dispatchable and reliable be limited to no more than ten 
     percent of the required production standard.
       (5) That any energy efficiency and renewable energy 
     standard be based on a percentage of total energy 
     consumption, not just electrical energy consumption, 
     regardless of how it is implemented and collected; and, be it 
     further
       Resolved, that a copy of this Resolution be transmitted to 
     the secretary of the United States Senate and the clerk of 
     the United States House of Representatives, and to each 
     member of the Louisiana delegation to the United States 
     Congress.
                                  ____

       POM-76. A concurrent resolution adopted by the Senate of 
     the State of Louisiana memorializing 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 or 
     pension systems, plans, or funds; to the Committee on 
     Finance.

                  Senate Concurrent Resolution No. 32

       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 or pension 
     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 he significantly lower 
     or nonexistent due to the service in public employment 
     through which they are required to be members of a Louisiana 
     public retirement or pension system, plan, 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 its citizens and to encourage them to live 
     here lifelong: Now, 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 2009 (H.R. 235 or R.S. 484) or a 
     similar instrument; and be it further
       Resolved, that a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.

                          ____________________