[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3599-S3601]
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-238. A resolution adopted by the Senate of the State of 
     Louisiana urging the United States Congress and the Louisiana 
     delegation to the United States Congress to take such actions 
     as necessary to encourage that the design and construction of 
     the Vito development in the Gulf of Mexico occur in 
     Louisiana; to the Committee on Energy and Natural Resources.

                       Senate Resolution No. 219

       Whereas, the Vito is a deepwater oil exploration 
     development covering four blocks in the Mississippi Canyon 
     area of the Gulf of Mexico located one hundred fifty miles 
     southeast of New Orleans; and
       Whereas, Shell Offshore, Inc. announced that it will 
     develop this site, the construction of which will include the 
     fabrication and construction of eight subsea wells with deep 
     in-well gas lift; and
       Whereas, the Vito development is expected to reach a peak 
     production of approximately one hundred thousand barrels of 
     oil equivalent per day and has an estimated recoverable three 
     hundred million barrels of oil equivalent, which represents a 
     significant contribution to oil production in the Gulf of 
     Mexico and to the nation's energy needs; and
       Whereas, Louisiana is the second largest oil producer in 
     the country and plays an essential role in supplying the 
     nation with energy; and
       Whereas, the historical and important role that the state 
     has played in the oil industry has provided Louisiana with 
     the expertise and critical infrastructure necessary to 
     support the design, construction, and maintenance necessary 
     for a project as large and technologically advanced as the 
     Vito development; and
       Whereas, because of its size and location, the Vito 
     development will play a large role in the economy of the 
     state and will rely on the waterways, ports, pipelines, and 
     design and construction companies located in Louisiana; and
       Whereas, Shell Offshore, Inc. should give priority to 
     businesses and resources located in Louisiana for the Vito 
     development so that it may contribute to Louisiana's economic 
     development and to the nation's energy infrastructure: 
     Therefore, be it
       Resolved, That the Senate of the Legislature of Louisiana 
     does hereby memorialize Congress and the Louisiana delegation 
     to the United States Congress to take such actions as 
     necessary to encourage that the design and construction of 
     the Vito development in the Gulf of Mexico occur in 
     Louisiana. 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-239. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging the United States Congress 
     to take such actions as are necessary to pass the Disability 
     Integration Act of 2017; to the Committee on Health, 
     Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 13

       Whereas, the Disability Integration Act of 2017 has been 
     introduced as S. 910 and H.R. 2472 in the One Hundred 
     Fifteenth United States Congress; and
       Whereas, in enacting the Americans with Disabilities Act of 
     1990 (herein referred to as the ``ADA''), Congress recognized 
     that ``historically, society has tended to isolate and 
     segregate individuals with disabilities, and, despite some 
     improvements, such forms of discrimination against 
     individuals with disabilities continue to be a serious and 
     pervasive social problem'' and intended that the ADA assure 
     ``full participation'' and ``independent living'' for 
     individuals with disabilities by addressing ``discrimination 
     against individuals with disabilities [that] persists in 
     critical areas'', including institutionalization; and
       Whereas, while Congress expected that the ADA's integration 
     mandate would be interpreted in a manner that ensures that 
     individuals who are eligible for institutional placement are 
     able to exercise a right to community-based long-term 
     services and supports, that expectation has not been 
     fulfilled; and
       Whereas, the holdings of the Supreme Court in Olmstead v. 
     L.C., 527 U.S. 581 (1999), and companion cases, have clearly 
     articulated that individuals with disabilities have a civil 
     right under the ADA to participate in society as equal 
     citizens; however, many states still do not provide 
     sufficient community-based long-term services and supports to 
     individuals with disabilities to end segregation in 
     institutions; and
       Whereas, the right to live in the community is necessary 
     for the exercise of the civil rights that the ADA was 
     intended to secure for all individuals with disabilities and 
     the lack of adequate community-based services and supports 
     has imperiled the civil rights of all individuals with 
     disabilities, and has undermined the very promise of the ADA; 
     therefore, it is necessary to recognize in statute a robust 
     and fully articulated right to community living; and
       Whereas, states, with a few exceptions, continue to 
     approach decisions regarding long-term services and supports 
     from social welfare and budgetary perspectives, but for the 
     promise of the ADA to be fully realized, states must approach 
     these decisions from a civil rights perspective; and
       Whereas, states have not consistently planned to ensure 
     sufficient services and supports for individuals with 
     disabilities, including those with the most significant 
     disabilities, to enable individuals with disabilities to live 
     in the most integrated setting and, as a result, many 
     individuals with disabilities who reside in institutions are 
     prevented from residing in the community and individuals with 
     disabilities who are not in institutions find themselves at 
     risk of institutional placement; and
       Whereas, the continuing existence of unfair and unnecessary 
     institutionalization denies individuals with disabilities the 
     opportunity to live and participate on an equal basis in the 
     community and costs the United States billions of dollars in 
     unnecessary spending related to perpetuating dependency and 
     unnecessary confinement. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to take such actions as are 
     necessary to pass the Disability Integration Act of 2017. 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-240. A joint resolution adopted by the Legislature of 
     the State of Oklahoma urging the Congress of the United 
     States, pursuant to Article V of the United States 
     Constitution, to call a convention of the states for the 
     purpose of proposing amendments to the United States 
     Constitution related to balancing the federal budget, 
     imposing fiscal restraints on the federal government, 
     limiting

[[Page S3600]]

     the power and jurisdiction of the federal government, and 
     limiting the terms of office for its officials and for 
     members of Congress; to the Committee on the Judiciary.

                    House Joint Resolution No. 1043

       Whereas, Article V of the Constitution of the United States 
     provides that upon receipt of applications from two-thirds of 
     the legislatures of the several states, Congress shall call a 
     convention of the states for proposing amendments; and
       Whereas, the Oklahoma Legislature adopted SJR 4 in the 2nd 
     Session of the 55th Oklahoma Legislature that applied to the 
     Congress of the United States ``for the calling of a 
     convention of the states limited to proposing an amendment to 
     the Constitution of the United States requiring that in the 
     absence of a national emergency the total of all federal 
     appropriations made by the Congress for any fiscal year may 
     not exceed the total of all estimated federal revenues for 
     that fiscal year, together with any related and appropriate 
     fiscal restraints''; and
       Whereas, it appears that two-thirds of the states, 
     including Oklahoma, soon will have applied for a convention 
     to propose such an amendment adding to the United States 
     Constitution a requirement federal government balance its 
     budget; and
       Whereas, it has also been proposed by several states, 
     including Oklahoma, that a convention be called for proposing 
     amendments to ``impose fiscal restraints on the federal 
     government, limit the power and jurisdiction of the federal 
     government, and limit the terms of office for its officials 
     and for members of Congress''; and
       Whereas, in its call Congress will be required to specify 
     an initial time and place for the meeting of the Article V 
     Convention for proposing amendments; and
       Whereas, it is appropriate for the state legislatures to 
     prepare for the Article V Convention and recommend to 
     Congress an initial time and place to hold the convention; 
     and
       Whereas, a gathering of the states called by a state 
     legislature and consisting of members authorized by other 
     state legislatures would be an effective way of considering 
     and recommending solutions to common issues related to an 
     Article V Convention, including planning for and recommending 
     rules and procedures for an Article V Convention, and 
     recommending to Congress the initial date and of an Article V 
     Convention; and
       Whereas, a planning convention of the several states in 
     September in Phoenix, Arizona, was attended by a delegation 
     from Oklahoma as authorized by House Concurrent Resolution 
     No. 1007 of the 1st Session of the 56th Oklahoma Legislature. 
     Now, therefore, be it
       Resolved by the House of Representatives and the Senate of 
     the 2nd Session of the 56th Oklahoma Legislature:
       That a delegation of commissioners selected as provided in 
     this resolution shall be authorized to attend and participate 
     in a gathering of states proposed by any state legislature 
     for the purposes of developing rules and procedures for an 
     Article V Convention for proposing amendments to the United 
     States Constitution to require a balanced federal budget, or 
     to impose fiscal restraints on the federal government, to 
     limit the power and jurisdiction of the federal government 
     and to limit the terms of office for federal officials and 
     members of Congress and for proposing an initial date and 
     location for the meeting of the several states in an Article 
     V Convention.
       That the delegation of commissioners shall be composed of 
     seven members, three of whom shall be appointed by the 
     Speaker of the Oklahoma House of Representatives, three of 
     whom shall be appointed by the President Pro Tempore of the 
     Oklahoma State Senate, and one of whom shall be appointed by 
     agreement of both the Speaker of the Oklahoma House of 
     Representatives and the President Pro Tempore of the Oklahoma 
     State Senate.
       That two of the commissioners appointed by the Speaker of 
     the Oklahoma House of Representatives shall be current 
     members of the Oklahoma House of Representatives at the time 
     of appointment, and two of the commissioners appointed by the 
     President Pro Tempore of the Oklahoma State Senate shall be 
     current members of the Oklahoma State Senate at the time of 
     appointment. The third commissioner appointed by the Speaker 
     of the Oklahoma House of Representatives shall be a current 
     or former member of the Oklahoma House of Representatives and 
     the third commissioner appointed by the President Pro Tempore 
     of the Oklahoma State Senate shall be a current or former 
     member of the Oklahoma State Senate.
       That the commissioners shall be bound by the rules adopted 
     by the gathering of the states or provided for in the 
     proposal for the Article V Convention.
       That unless otherwise provided by the Oklahoma Legislature, 
     the commissioners provided for in this resolution shall also 
     serve as commissioners to the Article V Convention for 
     proposing amendments to the United States Constitution when 
     called and shall be bound by the rules adopted by the members 
     of the Article V Convention.
       That if a commissioner is unable to participate in either 
     the state gathering or an Article V Convention to propose 
     amendments to the United States Constitution either 
     permanently or temporarily, the appointing authority or 
     authorities shall select an alternate, who shall be a current 
     or former member of the appointing authority's legislative 
     body, to serve for the time the commissioner is unable to 
     serve. The alternate shall be bound by the same rules and 
     procedures as the original commissioner.
       That no commissioner or alternate from this state to an 
     Article V Convention shall have the authority to vote to 
     allow consideration of or vote to approve an unauthorized 
     amendment for ratification to the United States Constitution.
       That any commissioner or alternate casting a vote to allow 
     consideration or approval of an unauthorized amendment shall 
     be immediately recalled by the appointing authority or 
     authorities and be replaced by an alternate.
       That all voting in either a gathering of states or an 
     Article V Convention shall be by state with each state having 
     one vote.
       That commissioners and alternates shall take the following 
     oath of office before accepting their appointment:
       ``I do solemnly swear or affirm that to the best of my 
     abilities I will, as a commissioner (alternate commissioner) 
     to a convention for proposing any amendment to the United 
     States Constitution, uphold the Constitution and laws of the 
     United States and the State of Oklahoma.
       I will abide by my specific instructions from the 
     Legislature of the State of Oklahoma. I will not vote to 
     allow consideration of or to approve any amendment proposed 
     for ratification to the United States Constitution that is 
     unrelated to the subject of the approved call of the 
     convention by Congress.
       I will vote only for convention rules that provide that 
     each state have one equal vote and that a state or 
     commissioner shall not be allowed to propose an amendment 
     that is unrelated to the approved call of the convention. I 
     acknowledge that any violation of this oath may result in 
     being recalled by the Legislature of the State of Oklahoma or 
     its authorized committee.''
       That an Article V Convention Committee shall be composed of 
     three members, one appointed by the Speaker of the Oklahoma 
     House of Representatives, one appointed by the President Pro 
     Tempore of the Oklahoma State Senate and one appointed 
     jointly by the Speaker and President Pro Tempore. A member of 
     the Article V Convention Committee may not be a member of the 
     delegation. The duties of the Article V Convention Committee 
     and their appointing authority or authorities include:
       1. Monitoring the delegation to determine if it is 
     following legislative instructions and obeying convention 
     rules;
       2. Advising the delegation on the Legislature's position on 
     issues before the convention;
       3. Disciplining any commissioner who violates the oath of 
     office or instructions or is otherwise guilty of malfeasance 
     or nonfeasance. Discipline may include recall from the 
     convention, removal as a commissioner or demotion to the 
     office of alternate commissioner;
       4. Notifying the convention that a commissioner has been 
     recalled, removed as a commissioner or demoted to the office 
     of alternate commissioner; and
       5. Replacing any recalled commissioner.
       That commissioners shall vote only for Article V Convention 
     rules consistent with the following principles:
       1. The convention is convened under the authority reserved 
     to the state legislatures of the several states by Article V 
     of the Constitution of the United States;
       2. The only participants at this convention are the several 
     states represented by their respective delegations duly 
     selected in the manner that their respective legislatures 
     have determined;
       3. The scope of the convention's authority is defined by 
     applications adopted by at least two-thirds of the 
     legislatures of the several states, which authority is 
     limited to the subject of the approved call of the 
     convention. The convention has no authority to propose or 
     discuss an amendment on any other subject outside the 
     approved call of the convention by Congress;
       4. The convention shall provide for disciplining a 
     commissioner or delegation for exceeding the scope of the 
     convention's authority by raising subjects for discussion or 
     debate that lie outside the convention's authority;
       5. The convention shall not infringe on the respective 
     state legislatures' authority to instruct, discipline, recall 
     and replace commissioners; and
       6. All voting at the convention or in a committee shall be 
     by state with each state having one vote without 
     apportionment or division. Each state legislature shall 
     determine the internal voting and quorum rules for casting 
     the vote of its delegation.
       That the provisions of this resolution shall expire on 
     December 31, 2023.
       That the Chief Clerk of the House of Representatives, 
     immediately after the passage of this resolution, shall 
     prepare and file one copy thereof with the Secretary of State 
     and one copy with the Attorney General and transmit copies to 
     the President and Secretary of the United States Senate and 
     to the Speaker and Clerk of the United States House of 
     Representatives, to the members of the Oklahoma Congressional 
     Delegation, and to the presiding officers of each of the 
     legislative houses in the several states, requesting their 
     cooperation.
                                  ____

       POM-241. A resolution adopted by the Common Council of the 
     City of Syracuse, New York memorializing its support of the

[[Page S3601]]

     Main Street Employee Ownership Act of 2018; to the Committee 
     on Small Business and Entrepreneurship.
       POM-242. A petition from a citizen of the State of Texas 
     relative to immigration; to the Committee on the Judiciary.

                          ____________________