[Congressional Record Volume 166, Number 203 (Wednesday, December 2, 2020)]
[Senate]
[Pages S7176-S7178]
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-253. A resolution adopted by the House of 
     Representatives of the State of Michigan urging the President 
     of the United States and the United States Congress to 
     declare the waters of the Straits of Mackinac as 
     ``designated'' for purposes of Great Lakes commercial ship 
     pilotage; to the Committee on Commerce, Science, and 
     Transportation.

                        House Resolution No. 244

       Whereas, The Great Lakes are integral to Michigan's 
     environment, economic development, and recreation; and
       Whereas, The federal Great Lakes Pilotage Act of 1960 
     established two distinct categories of pilotage on the Great 
     Lakes--designated waters and undesignated waters--and 
     authorized the President of the United States to determine 
     designated waters. In 1960, President Dwight D. Eisenhower 
     declared designated waters on the Great Lakes, including all 
     United States waters of the St. Marys River, the Soo Locks, 
     and approaches thereto. There have been no significant 
     changes in designated waters since that time; and
       Whereas, The act requires both United States and foreign-
     flagged vessels sailing in designated waters to be under the 
     navigational direction of a United States or Canadian 
     registered pilot to ensure marine safety and effective use of 
     navigable waters. Further, foreign-flagged vessels operating 
     in undesignated waters on the Great Lakes must have a United 
     States or Canadian registered pilot on board to direct the 
     navigation of the vessel or be available to assist in 
     navigation if necessary; and
       Whereas, Pilotage of foreign-flagged vessels on the Great 
     Lakes is an important function provided by individuals with 
     years of experience sailing on the largest freshwater sea in 
     the world. Pilots are charged with the safety of the vessel 
     and boating public as well as protection of infrastructure 
     and the environment; and
       Whereas, The Straits of Mackinac, an environmentally 
     sensitive area of great importance to the entire Great Lakes 
     ecosystem, is an undesignated water. The Straits are often 
     congested with commercial and recreational vessel traffic. 
     Additionally, the area has restricted visibility, narrow 
     waterways, and important infrastructure including the 
     Mackinac Bridge and pipelines contributing to the unique 
     navigational challenges that exist in the Straits of 
     Mackinac; now, therefore, be it
       Resolved by the House of Representatives, That we urge the 
     President and the Congress of the United States to declare 
     the waters of the Straits of Mackinac as ``designated'' for 
     purposes of Great Lakes commercial ship pilotage; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the members of the Michigan congressional 
     delegation, and the Commandant of the United States Coast 
     Guard.
                                  ____


       POM-254. A resolution adopted by the Senate of the State of 
     Michigan discouraging the United States Congress from 
     expanding the size of the Supreme Court of the United States; 
     to the Committee on the Judiciary.

                        House Resolution No. 323

       Whereas, For over 150 years, there have been nine seats on 
     the Supreme Court of the United States. While the country has 
     grown and changed during that period, the Supreme Court has 
     repeatedly demonstrated its ability to fulfill its 
     constitutional role as the nation's highest court and remain 
     an independent arbiter of the law without additional 
     justices; and
       Whereas, In recent months, there have been calls to 
     increase the number of justices on the Supreme Court in an 
     effort to gain political advantage. The number of justices on 
     the Supreme Court has been fixed by federal law since 1869 
     and efforts to expand the size of the Supreme Court in the 
     century and a half since have been met with significant 
     resistance from the American people; and
       Whereas, The legitimacy of the Supreme Court is its most 
     valuable asset. The Supreme Court's ability to issue rulings 
     which are followed nationwide rests on the American people's 
     respect for the institution's independence and separation 
     from day-to-day politics; and
       Whereas, The federal judiciary, particularly the Supreme 
     Court, must remain insulated from partisan disputes. 
     Politicizing the Supreme Court by adding seats for the 
     purpose of generating an ideological shift would be 
     enormously detrimental for the public's faith in the judicial 
     branch as an independent and impartial branch of government. 
     The framers of the U.S. Constitution envisioned a system in 
     which Supreme Court justices and federal judges would serve 
     lifetime appointments, ensuring that the judiciary would not 
     experience the kinds of political pressures that are present 
     in the elected branches; and
       Whereas, Subjecting the Supreme Court to major structural 
     changes as a consequence of shifting partisan control of the 
     executive and legislative branches would bring the judiciary 
     into the political fray in a way that would harm its ability 
     to fulfill its critical role in our system; now, therefore, 
     be it
       Resolved by the House of Representatives, That we 
     discourage Congress from expanding the size of the Supreme 
     Court of the United States; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-255. A resolution adopted by the Senate of the State of 
     Louisiana urging the United States Congress to take necessary 
     actions to review and enact federal law to fully protect 
     developmentally or physically disabled federal benefit 
     recipients from sexual and physical exploitation or abuse by 
     payees and fiduciaries; to the Committee on Finance.

                        Senate Resolution No. 51

       Whereas, the Social Security Administration, through its 
     Representative Payment Program, appoints family, friends, or 
     other individuals to serve as payees' representatives for 
     beneficiaries who are incapable of managing their Social 
     Security or Supplemental Security Income (SSI) payments due 
     to age, developmental disability, physical disability, or 
     mental disability; and
       Whereas, the United States Department of Veterans Affairs, 
     through its Fiduciary Program, appoints family, friends, or 
     other individuals to serve as fiduciaries and receive 
     payments for veterans who are physically or mentally 
     incapable of managing their veterans benefit payments due to 
     physical injury, disease, or age; and
       Whereas, recent medical testimony before the Louisiana 
     Senate Select Committee on Women and Children revealed that 
     developmentally or physically disabled patients were being 
     sexually and physically exploited and abused by caregivers 
     who were also payees; and
       Whereas, studies have shown that children are more likely 
     to be abused if they are living with certain caregivers, and 
     disabled adults with developmental disabilities are more 
     likely to be abused compared to the general population; and
       Whereas, the Social Security Administration and the United 
     States Department of Veterans Affairs both have programs to 
     assess and review the suitability of payees and fiduciaries; 
     and
       Whereas, the Senate finds that greater efforts must be made 
     to protect developmentally or physically disabled federal 
     benefit recipients from exploitation and abuse by certain 
     caregivers who are payees or fiduciaries; and
       Whereas, Social Security recipients, SSI recipients, and 
     veterans are entitled to health care benefits through 
     Medicare, Medicaid, and veterans health benefits; and
       Whereas, Medicare, Medicaid, and veterans health benefits 
     cover an annual wellness visit or routine medical examination 
     with a primary care physician or other health care provider; 
     and
       Whereas, the Senate of the Legislature of Louisiana finds 
     that it would further protection efforts to require 
     developmentally or physically disabled recipients of Social 
     Security, SSI, or veterans benefits to undergo an annual 
     medical examination with their primary care physician outside 
     of the view of a caregiver so as to eliminate or minimize the 
     possibility of sexual or physical exploitation or abuse from 
     their caregiver who is also a payee or fiduciary. Therefore, 
     be it
       Resolved, That the Senate of the Legislature of Louisiana 
     memorializes the Congress of the United States to take 
     necessary actions to review and enact federal law to fully 
     protect developmentally or physically disabled federal 
     benefit recipients from sexual and physical exploitation or 
     abuse by payees and fiduciaries; and be it further,

[[Page S7177]]

       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate, the 
     clerk of the United States House of Representatives, and to 
     each member of the Louisiana delegation to the United States 
     Congress.
                                  ____


       POM-256. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging the Louisiana Attorney 
     General and all appropriate federal agencies, including but 
     not limited to the Federal Communications Commission, to 
     investigate whether Altice USA or Suddenlink Communications 
     has violated state or federal law in its dealings with the 
     citizens of Louisiana; to the Committee on Commerce, Science, 
     and Transportation.

                   House Concurrent Resolution No. 2

       Whereas, internet connectivity has become a more essential 
     service in the light of COVID-19; and
       Whereas, tens of thousands of students in Louisiana are 
     dependent on internet service to go to school, thousands of 
     Louisianans are reliant on internet services for 
     telemedicine, and small businesses depend on online sales 
     more than ever; and
       Whereas, the restoration of communication service after a 
     natural disaster is paramount to relief efforts and 
     Louisianans returning to their normal lives; and
       Whereas, the Louisiana legislature has received more than 
     one hundred complaints about Suddenlink engaging in deceptive 
     trade practices, charging fees for services that are not 
     delivered, providing poor customer service, failing to 
     communicate about key events including hurricanes, and 
     engaging in various other problematic and potentially illegal 
     behaviors; and
       Whereas, a joint commerce committee hearing examined how 
     Suddenlink has been failing to meet its obligations to 
     reconnect customers to essential communication equipment, has 
     been charging customers for services it has not delivered, 
     and has lagged behind its peers in assisting in recovery: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the Louisiana Attorney General to use the 
     powers granted to him under the Unfair Trade Practices and 
     Consumer Protection Law to investigate Altice USA and 
     Suddenlink Communications and whether they have been engaging 
     in actions that are prohibited under Louisiana law; and be it 
     further
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request any appropriate federal agencies, such as 
     the Federal Communications Commission, to investigate whether 
     Altice USA and Suddenlink Communications have engaged in a 
     violation of federal law in their dealings with the people of 
     Louisiana; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the Louisiana Attorney General, 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-257. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging the Louisiana Attorney 
     General and all appropriate federal agencies, including but 
     not limited to the Federal Communications Commission, to 
     investigate whether Altice USA or Suddenlink Communications 
     has violated state or federal law in its dealings with the 
     citizens of Louisiana; to the Committee on Commerce, Science, 
     and Transportation.

                   House Concurrent Resolution No. 2

       Whereas, internet connectivity has become a more essential 
     service in the light of COVID-19; and
       Whereas, tens of thousands of students in Louisiana are 
     dependent on internet service to go to school, thousands of 
     Louisianans are reliant on internet services for 
     telemedicine, and small businesses depend on online sales 
     more than ever; and
       Whereas, the restoration of communication service after a 
     natural disaster is paramount to relief efforts and 
     Louisianans returning to their normal lives; and
       Whereas, the Louisiana legislature has received more than 
     one hundred complaints about Suddenlink engaging in deceptive 
     trade practices, charging fees for services that are not 
     delivered, providing poor customer service, failing to 
     communicate about key events including hurricanes, and 
     engaging in various other problematic and potentially illegal 
     behaviors; and
       Whereas, a joint commerce committee hearing examined how 
     Suddenlink has been failing to meet its obligations to 
     reconnect customers to essential communication equipment, has 
     been charging customers for services it has not delivered, 
     and has lagged behind its peers in assisting in recovery. 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the Louisiana Attorney General to use the 
     powers granted to him under the Unfair Trade Practices and 
     Consumer Protection Law to investigate Altice USA and 
     Suddenlink Communications and whether they have been engaging 
     in actions that are prohibited under Louisiana law, and be it 
     further
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request any appropriate federal agencies, such as 
     the Federal Communications Commission, to investigate whether 
     Altice USA and Suddenlink Communications have engaged in a 
     violation of federal law in their dealings with the people of 
     Louisiana, and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the Louisiana Attorney General, 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-258. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging the United States Congress 
     and the Louisiana Congressional delegation to take such 
     actions as are necessary to require the Federal Emergency 
     Management Agency (FEMA) to more efficiently coordinate the 
     removal of dislocated oilfield equipment after natural 
     disasters in Louisiana; to the Committee on Homeland Security 
     and Governmental Affairs.

                   House Concurrent Resolution No. 7

       Whereas, hurricanes that blow through coastal Louisiana, 
     particularly those that come ashore as a Category 3 or 
     higher, such as Hurricane Rita in 2005 and particularly 
     Hurricane Laura in 2020, leave behind destruction and 
     dislocation of people, homes, and equipment; and
       Whereas, Hurricane Laura is estimated to have caused 
     between $4 billion and $12 billion in damages mostly to 
     Louisiana and mostly in the coastal areas of Southwest 
     Louisiana; and
       Whereas, a component of that damage involves the 
     dislocation of equipment from the oil and gas industry 
     located in coastal Louisiana, including storage tanks, drums, 
     pipe segments, and other equipment used in the oil patch, 
     equipment that is picked up by the wind and water of the 
     hurricane and dropped elsewhere in the coast; and
       Whereas, nearly eighty percent of the land in coastal 
     Louisiana is privately-owned land, so much of the dislocated 
     oil and gas equipment lands on privately-held property; and
       Whereas, some of the dislocated oilfield equipment contains 
     materials that can cause pollution if the tanks and drums are 
     damaged through the dislocation and could also be the cause 
     of marine accidents when they are located in waterways where 
     boat captains do not expect to find such hazards; and
       Whereas, initial efforts to locate and identify equipment 
     displaced by a hurricane include an attempt to identify the 
     owner of the equipment, notify the owner that their equipment 
     has been found, and request that the owner remove their 
     equipment from another person's property; and
       Whereas, the second step in attempting to address the 
     dislocated equipment is the Louisiana Department of 
     Environmental Quality (LaDEQ), the Louisiana State Police, 
     and the Louisiana Oil Spill Coordinator's Office (LOSCO) 
     working in cooperation with the United States Coast Guard 
     and, under the auspices of FEMA, working to remove any tank 
     or drum that could be the source of pollution in the marsh or 
     could be the cause of marine accidents involving boats and 
     displaced tanks or drums; and
       Whereas, after sources of pollution and immediate hazards 
     are removed by LaDEQ, State Police, and LOSCO, the Louisiana 
     Department of Transportation and Development and the 
     Louisiana National Guard, again under the auspices of the 
     FEMA, identify the location and nature of additional tanks, 
     drums, and other oilfield equipment dislodged by the 
     hurricane so removal plans can be developed; and
       Whereas, plans for removal of dislodged equipment that is 
     neither hazardous nor polluting include a development of a 
     timeline and an assessment of the potential damage to the 
     marsh that could occur as a result of removal efforts versus 
     the damage that the item may cause by its relocation to the 
     spot; and
       Whereas, because the process is a bifurcated process, 
     requiring removal of hazardous or polluting items first and 
     then removal of the remainder of the equipment, many times a 
     situation arises that results in a displaced tank being 
     bypassed on the way to remove a hazardous or polluting tank 
     when removing all the equipment at the same time would be 
     more efficient, more cost-effective, and require less overall 
     time to remove all the dislodged equipment; and
       Whereas, the FEMA practices and procedures do not allow the 
     removal of nonhazardous, non-polluting items prior to or at 
     the same time as removal of other displaced oilfield tanks, 
     drums, and other equipment, thereby elongating the process 
     and increasing the damage to the private property located in 
     the marshes of coastal Louisiana; therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to require the Federal Emergency Management 
     Agency to more efficiently coordinate the removal of 
     dislocated oilfield equipment after natural disasters 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-259. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging the United States Congress 
     and the Louisiana Congressional delegation to take such 
     actions as are necessary to require the Federal Emergency 
     Management Agency (FEMA) to more efficiently coordinate the 
     removal of dislocated oilfield equipment

[[Page S7178]]

     after natural disasters in Louisiana; to the Committee on 
     Homeland Security and Governmental Affairs.

                   House Concurrent Resolution No. 7

       Whereas, hurricanes that blow through coastal Louisiana, 
     particularly those that come ashore as a Category 3 or 
     higher, such as Hurricane Rita in 2005 and particularly 
     Hurricane Laura in 2020, leave behind destruction and 
     dislocation of people, homes, and equipment; and
       Whereas, Hurricane Laura is estimated to have caused 
     between $4 billion and $12 billion in damages mostly to 
     Louisiana and mostly in the coastal areas of Southwest 
     Louisiana; and
       Whereas, a component of that damage involves the 
     dislocation of equipment from the oil and gas industry 
     located in coastal Louisiana, including storage tanks, drums, 
     pipe segments, and other equipment used in the oil patch, 
     equipment that is picked up by the wind and water of the 
     hurricane and dropped elsewhere in the coast; and
       Whereas, nearly eighty percent of the land in coastal 
     Louisiana is privately-owned land, so much of the dislocated 
     oil and gas equipment lands on privately-held property; and 
     WHEREAS, some of the dislocated oilfield equipment contains 
     materials that can cause pollution if the tanks and drums are 
     damaged through the dislocation and could also be the cause 
     of marine accidents when they are located in waterways where 
     boat captains do not expect to find such hazards; and
       Whereas, initial efforts to locate and identify equipment 
     displaced by a hurricane include an attempt to identify the 
     owner of the equipment, notify the owner that their equipment 
     has been found, and request that the owner remove their 
     equipment from another person's property; and
       Whereas, the second step in attempting to address the 
     dislocated equipment is the Louisiana Department of 
     Environmental Quality (LaDEQ), the Louisiana State Police, 
     and the Louisiana Oil Spill Coordinator's Office (LOSCO) 
     working in cooperation with the United States Coast Guard 
     and, under the auspices of FEMA, working to remove any tank 
     or drum that could be the source of pollution in the marsh or 
     could be the cause of marine accidents involving boats and 
     displaced tanks or drums; and
       Whereas, after sources of pollution and immediate hazards 
     are removed by LaDEQ, State Police, and LOSCO, the Louisiana 
     Department of Transportation and Development and the 
     Louisiana National Guard, again under the auspices of the 
     FEMA, identify the location and nature of additional tanks, 
     drums, and other oilfield equipment dislodged by the 
     hurricane so removal plans can be developed; and
       Whereas, plans for removal of dislodged equipment that is 
     neither hazardous nor polluting include a development of a 
     timeline and an assessment of the potential damage to the 
     marsh that could occur as a result of removal efforts versus 
     the damage that the item may cause by its relocation to the 
     spot; and
       Whereas, because the process is a bifurcated process, 
     requiring removal of hazardous or polluting items first and 
     then removal of the remainder of the equipment, many times a 
     situation arises that results in a displaced tank being 
     bypassed on the way to remove a hazardous or polluting tank 
     when removing all the equipment at the same time would be 
     more efficient, more cost-effective, and require less overall 
     time to remove all the dislodged equipment; and
       Whereas, the FEMA practices and procedures do not allow the 
     removal of nonhazardous, non-polluting items prior to or at 
     the same time as removal of other displaced oilfield tanks, 
     drums, and other equipment, thereby elongating the process 
     and increasing the damage to the private property located in 
     the marshes of coastal Louisiana. Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to require the Federal Emergency Management 
     Agency to more efficiently coordinate the removal of 
     dislocated oilfield equipment after natural disasters 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-260. A petition from a citizen of the State of Texas 
     relative to the manufacturing of personal protective 
     equipment (PPE); to the Committee on Health, Education, 
     Labor, and Pensions.

                          ____________________