[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 3231-3236]
[From the U.S. 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-264. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to using 
     funds from the Federal Emergency Management Agency and the 
     U.S. Department of Housing and Urban Development for modular 
     homes as alternative housing for those affected by hurricanes 
     Katrina and Rita; to the Committee on Banking, Housing, and 
     Urban Affairs.

                   Senate Concurrent Resolution No. 7

       Whereas, it is estimated that the two hurricanes rendered 
     at least two hundred thousand to two hundred fifty thousand 
     homes permanently uninhabitable, leaving those families 
     without a home to return to; and
       Whereas, in an effort to move people out of shelters and 
     into longer term housing and to foster an environment that 
     would allow families the privacy needed to re-establish some 
     sense of normalcy, FEMA ordered one hundred twenty thousand 
     travel trailers and announced a plan to establish FEMA 
     trailer parks for evacuees; and
       Whereas, while travel trailers may be adequate as a short-
     term housing solution, trailers are not adequate for the 
     years it may require to rebuild the Gulf Coast cities, towns, 
     and communities destroyed by the hurricanes, and evacuees and 
     their families need a more appropriate housing solution 
     during the long rebuilding period; and
       Whereas, state and local leaders continue to try to find 
     appropriate housing for hundreds of thousands of families 
     still without adequate temporary housing; and
       Whereas, approximately twenty-seven thousand families in 
     FEMA-funded hotel rooms continue to face looming deadlines of 
     forced eviction; and
       Whereas, modular homes that are engineered and built in a 
     factory-controlled environment and are constructed in 
     sections and put together by a builder on a building site 
     would provide more appropriate housing for the long 
     rebuilding period ahead; and
       Whereas, our goal should be to build new and better 
     neighborhoods that support a better quality of life for 
     displaced residents: Therefore, be it
       Resolved, That the Legislature of Louisiana urge and 
     request the Congress of the United States and the governor to 
     consider using funds from the Federal Emergency Management 
     Agency and the U.S. Department of Housing and Urban 
     Development for modular homes as alternative housing; 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 and to the governor.
                                  ____

       POM-265. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to ensuring enactment of legislation to require the 
     Federal Emergency Management Agency to provide the same level 
     of assistance to the residents of certain parishes who were 
     affected by Hurricane Rita as the residents of Louisiana 
     affected by Hurricane Katrina, including funding assistance 
     with demolition and removal of damaged housing; to the 
     Committee on Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 20

       Whereas, Hurricane Katrina struck many parishes in 
     Louisiana on August 29, 2005, causing devastating damage to 
     life and property in a wide area including the parishes of 
     Orleans, St. Bernard, St. Tammany, Plaquemines, and other 
     parishes; and
       Whereas, Hurricane Rita struck several parishes in 
     Louisiana on September 24, 2005, heavily affecting portions 
     of Iberia Parish and other parishes and also causing 
     devastating damage to property; and
       Whereas, both hurricanes caused devastating damage to the 
     affected areas and dramatically affected the lives and 
     livelihoods of thousands of persons, in addition to adversely 
     affecting the budgets of local, state, and federal 
     governments; and
       Whereas, the costs for demolition and removal of damaged 
     housing and hurricane-related debris as a result of these 
     hurricanes will be astronomical; and
       Whereas, the Federal Emergency Management Agency (FEMA) 
     provides assistance to persons affected by disasters such as 
     hurricanes based on percentages determined from populations 
     and areas affected; and
       Whereas, assistance to all persons affected by these 
     disasters should be impartially distributed by the state and 
     federal governments, as all persons affected by hurricane 
     damages have suffered similar losses, such as flooded houses, 
     loss of homes, and loss of jobs and businesses, and are all 
     affected in the same manner, whether their residences or 
     businesses are located in heavily populated areas or are 
     included in larger areas of their respective parishes that 
     were affected by such storm damage, and they should be 
     compensated in the same manner; and
       Whereas, FEMA assistance to those so severely affected by 
     hurricane damage, no matter which parish their property is 
     located in, should also include funding assistance for the 
     demolition and removal of damaged buildings: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request President George W. Bush, Governor Kathleen 
     Babineaux Blanco, and the Louisiana congressional delegation 
     to ensure enactment of legislation to require the Federal 
     Emergency Management Agency to provide the same level of 
     assistance to the residents of Iberia, Beauregard, Allen, 
     Evangeline, Calcasieu, Jefferson Davis, Acadia, St. Landry, 
     St. Martin, Lafayette, Cameron, Vermilion, and St. Mary 
     parishes who were affected by Hurricane Rita as the residents 
     of Louisiana affected by Hurricane Katrina, including funding 
     assistance with demolition and removal of damaged housing; be 
     it further
       Resolved, That copies of this Resolution shall be 
     transmitted to the President of the United States, the 
     Governor of Louisiana, the members of the Louisiana 
     congressional delegation, and the governing authority of each 
     parish within the declared disaster area following Hurricane 
     Rita.
                                  ____

       POM-266. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to 
     immediately close the Mississippi River Gulf Outlet and 
     return the area to essential coastal wetlands and marshes; to 
     the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 24

       Whereas, the Mississippi River Gulf Outlet (MRGO), a 
     seventy-six-mile, manmade navigational channel which connects 
     the Gulf of Mexico to the Port of New Orleans along the 
     Mississippi River, was authorized by the United States 
     Congress under the Rivers and Harbors Act of 1956 as a 
     channel with a surface width of six hundred fifty feet, a 
     bottom width of five hundred feet, and a depth of thirty-six 
     feet, and it opened in 1965; and
       Whereas, since MRGO was completed, the Army Corps of 
     Engineers estimates that the area has lost nearly three 
     thousand two hundred acres of fresh and intermediate marsh, 
     more than ten thousand three hundred acres of brackish marsh, 
     four thousand two hundred acres of saline marsh, and one 
     thousand five hundred acres of cypress swamps and levee 
     forests in addition to major habitat alterations due to 
     saltwater intrusion from the loss of the marshes, which has 
     resulted in dramatic declines in waterfowl and quadruped use 
     of the marshes; and;
       Whereas, the costs of maintaining MRGO rise each year, with 
     the cost of dredging now over twenty-five million dollars 
     annual1y, or more than thirteen thousand dollars for each 
     vessel-passage, in addition to the expenditure of millions 
     for shoreline stabilization and marsh protection projects, 
     with an anticipated cost increase of fifty-two percent 
     between 1995 and 2005; and
       Whereas, concerns about the environmental impact have 
     increased through the years as evidenced by the fact that in 
     1998 the ``Coast 2050 Report'' contained closure of MRGO 
     among the consensus recommendations, and the technical 
     committee of the Coastal Wetland Planning, Preservation and 
     Restoration Act Task Force listed closure as one of the 
     highest-ranked strategies for coastal restoration; and
       Whereas, with the waterway increasing from its original 
     authorized dimensions to a surface width of twenty-two 
     hundred feet and a depth of over forty feet, in 1998 the St. 
     Bernard Police Jury voted unanimously to request closure of 
     the waterway because of fears that the dramatic loss of 
     coastal wetlands and marshes caused by MRGO exposed the 
     parish and the communities in the parish to much more severe 
     impacts from the hurricanes and tropical storms that 
     regularly occur in the Gulf of Mexico; and
       Whereas, those concerns were echoed and amplified by 
     scientists, engineers, and citizens throughout the region as 
     reflected in requests from the Louisiana Legislature to 
     congress in 1999 (SCR No. 266) and again in 2004 (HCR No. 35 
     and HCR No. 68) to close the waterway, and indeed, those 
     concerns proved true in an extremely dramatic fashion on 
     August 29,2005, when Hurricane Katrina washed ashore on 
     Louisiana's coast with a tidal surge well in excess of twenty 
     feet; and
       Whereas, there is a growing consensus that the flooding 
     that occurred in St. Bernard Parish and the Lower Ninth Ward 
     of New Orleans was a result of storm surge that flowed up 
     MRGO to the point where it converges with the Intracoastal 
     Waterway and that the confluence created a funnel that 
     directed the storm surges into the New Orleans Industrial 
     Canal, where it overtopped the levees along MRGO and the 
     Industrial Canal and eventually breached the levees and 
     flooded into the neighborhoods that lie close to those three

[[Page 3232]]

     waterways, resulting in more than eleven hundred deaths in 
     the Greater New Orleans area, destroying over twenty-four 
     thousand homes, and rendering more than sixty-seven thousand 
     residents of St. Bernard Parish and uncounted numbers in the 
     Lower Ninth Ward of New Orleans homeless, without 
     possessions, and unemployed; and
       Whereas, only three weeks later, on September 24, 2005, 
     storm waters from Hurricane Rita surged up MRGO and caused 
     additional flooding in St. Bernard Parish and the Lower Ninth 
     Ward of New Orleans, exacerbating the traumatic losses in 
     that area; and
       Whereas, since the two hurricanes caused such widespread 
     damage in St. Bernard Parish and New Orleans, congress has 
     declined to appropriate further funds for dredging MRGO; and
       Whereas, some engineers have opined that the current base 
     along MRGO was damaged to the point where it will not support 
     a Category 3 levee in the future; and
       Whereas, the cessation of dredging is not enough, the 
     coastal wetlands and marshes which protect St. Bernard Parish 
     and New Orleans must also be reestablished; and
       Whereas, the Mississippi River is continually dredged to 
     ensure safe passage for large ocean-going vessels and that 
     dredge material from the Mississippi River could be piped 
     into the marshes of St. Bernard Parish to encourage and allow 
     the regrowth of coastal wetlands and marshes which in turn 
     would protect the citizens returning to St. Bernard Parish, 
     the Lower Ninth Ward, and New Orleans East; and
       Whereas, the United States Army Corps of Engineers has 
     stated that it has no authorization from congress to close 
     the waterway or to make any attempt to return the coastal 
     wetlands and marshes to their pre-waterway status or even to 
     fill the waterway to allow for the development of marshes and 
     wetlands; and
       Whereas, as the only entity which can authorize the 
     waterway to be closed and which can enable the 
     reestablishment of our essential coastal wetlands, the United 
     States Congress must come to the aid of the citizens of 
     Louisiana, particularly those of St. Bernard Parish and New 
     Orleans by authorizing the immediate closure of MRGO and the 
     reestablishment of coastal wetlands and marshes in the area 
     around Lake Borgne and throughout St. Bernard Parish and New 
     Orleans East; and
       Whereas, it is the responsibility of the Louisiana 
     congressional delegation to file the necessary legislation to 
     accomplish the immediate closure of MRGO and the return of 
     the essential coastal wetlands and marshes to St. Bernard 
     Parish: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to immediately close MRGO and return the 
     area to essential coastal wetlands and marshes and to 
     memorialize the Louisiana congressional delegation to file 
     the necessary legislation to accomplish this closure; 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-267. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to close the 
     Mississippi River Gulf Outlet; to the Committee on Energy and 
     Natural Resources.

                   House Concurrent Resolution No. 32

       Whereas, Louisiana is losing its valuable coastal wetlands 
     at an alarming rate; and
       Whereas, Louisiana has initiated an aggressive program to 
     reduce the rate of wetlands loss; and
       Whereas, the Mississippi River Gulf Outlet was six hundred 
     feet wide and thirty-six feet deep when it first opened for 
     operation in 1968, but it now exceeds two thousand feet in 
     width in some areas due to severe bank line erosion; and
       Whereas, the Mississippi River Gulf Outlet has caused 
     enormous wetland losses since its construction, including the 
     loss of over eighteen thousand acres of wetlands since 1968; 
     and
       Whereas, the dredging of the Mississippi River Gulf Outlet 
     and the failure of the United States Army Corps of Engineers 
     to construct tidal surge barriers or to repair previous 
     environmental damage caused by the Mississippi River Gulf 
     Outlet is inconsistent with the intent of the Breaux Act and 
     the Coastal 2050 plan; and
       Whereas, over the last five years the number of vessels 
     that use the Mississippi River Gulf Outlet has decreased from 
     six hundred fifty-seven vessels to three hundred four vessels 
     per year; and
       Whereas, the cost of the annual dredging of the Mississippi 
     River Gulf Outlet continues to rise and currently the yearly 
     cost is twenty-two million dollars; and
       Whereas, fears about the impact of the loss of coastal 
     wetlands and coastal marsh proved true in an extremely 
     dramatic fashion on August 29, 2005, when Hurricane Katrina 
     washed ashore on Louisiana's coast with a tidal surge well in 
     excess of twenty feet; and
       Whereas, there is a growing consensus that the flooding 
     that occurred in St. Bernard Parish, New Orleans East, and 
     the Lower Ninth Ward of New Orleans was a result of storm 
     surge that flowed up the Mississippi River Gulf Outlet to the 
     point where it converges with the Intracoastal Waterway and 
     that the confluence created a funnel that directed the storm 
     surges into the New Orleans Industrial Canal, where it 
     overtopped the levees along the Mississippi River Gulf Outlet 
     and the Industrial Canal and eventually breached the levees 
     and flooded into the neighborhoods that lie close to those 
     three waterways, resulting in a yet uncounted number of 
     deaths and rendering sixty-seven thousand residents of St. 
     Bernard Parish and uncounted numbers in New Orleans East and 
     the Lower Ninth Ward of New Orleans homeless, without 
     possessions, and unemployed; and
       Whereas, since the passage of Hurricane Katrina, the United 
     States Congress has delayed the approval of funding for 
     dredging the Mississippi River Gulf Outlet to the depth 
     maintained prior to the passage of the storm, and there 
     appears to be no movement in the congress to provide further 
     funds for such dredging: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to close the Mississippi River Gulf Outlet; 
     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-268. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to taking 
     immediate action to provide federal financial assistance to 
     aid Louisiana's recovery following the devastation caused by 
     hurricanes Katrina and Rita, to expeditiously complete the 
     needed repair to the levee system in the greater New Orleans 
     area, to provide for the prompt construction of hurricane and 
     tidal water protection for south Louisiana, and to provide 
     assistance with coastal restoration and marsh management; to 
     the Committee on Environment and Public Works.

                  Senate Concurrent Resolution No. 27

       Whereas, in August and September 2005, Louisiana was 
     decimated by multiple hurricanes striking the state--
     hurricanes Katrina and Rita--a combination of natural 
     disasters of unprecedented proportions in American history, a 
     burden no state has ever had to bear, including but not 
     limited to loss of life, livelihoods, and homes, a negative 
     impact on the state's economy and the earning power of the 
     state's citizens and businesses in countless ways, 
     destruction and damage to public buildings and other public 
     works, damage to its levee system and the coastal wetlands 
     and coastline; and
       Whereas, during the devastation wreaked by hurricanes 
     Katrina and Rita, certain forces of the Louisiana National 
     Guard were not available to provide assistance at home due to 
     their deployment to Iraq, in which call to arms Louisiana has 
     suffered one of the highest casualty rates in the nation 
     while its troops proudly serve their state and their country; 
     and
       Whereas, the citizens, businesses, communities, schools, 
     and governments of Louisiana have suffered tremendous loss, 
     as reflected in an economic downturn which has affected the 
     state fisc such that the state was faced with nearly a one 
     billion dollar operating deficit; and
       Whereas, the ramifications of these events continue to 
     affect every citizen of the state as the destruction and 
     continuing interruption of business, industry, and 
     infrastructure in these areas has severely reduced the 
     state's revenue stream by over one-third; and
       Whereas, the interruption of essential public services, 
     particularly in the areas of health care, education, and 
     infrastructure, has profoundly affected the quality of life 
     in the state; and
       Whereas, the state's Revenue Estimating Conference has 
     projected next fiscal year's revenue forecast to show a 
     deficit of nine hundred seventy million dollars, requiring 
     massive budget reductions to comply with the state 
     constitution that requires a balanced budget; and
       Whereas, the coastal zone of Louisiana is of vital 
     importance to the nation in oil and gas production and 
     fisheries production; and
       Whereas, prior to hurricanes Katrina and Rita, the state of 
     Louisiana accounted for thirty percent of the commercial 
     fisheries production of the lower forty-eight states, and 
     ranked second in the nation for recreational harvest of 
     saltwater fish; and
       Whereas, prior to hurricanes Katrina and Rita, Louisiana 
     produced more than 80% of the nation's offshore oil and gas 
     supply and provided billions of dollars each year to the 
     federal treasury, while subjecting the Louisiana coastline to 
     damaging and long-term impacts from these activities; and
       Whereas, the communities in south Louisiana that support 
     these industries are subject to potential flooding from 
     tropical storms and hurricanes; and
       Whereas, the destruction of communities and industries in 
     south Louisiana by hurricanes Katrina and Rita demonstrated 
     the

[[Page 3233]]

     critical need for prompt action to provide tidal protection 
     in south Louisiana; and
       Whereas, through executive order and legislative action, 
     Louisiana has made a coordinated effort to balance its budget 
     by reductions in the amount of approximately six hundred 
     million dollars; by withdrawing one hundred fifty-four 
     million dollars from the state's ``Rainy Day'' fund; and by 
     depositing the 2004 Fiscal Year surplus of two hundred fifty 
     million dollars into the ``Rainy Day'' fund, thereby enabling 
     the movement of one hundred eighty-nine million dollars to 
     the State General Fund for budget reduction purposes; and
       Whereas, the governor has issued an executive order 
     directing a spending freeze in the executive branch of state 
     government, which remains in effect; and
       Whereas, the Louisiana Recovery Authority has been 
     established as the state entity to recommend policy, 
     planning, and resource allocation affecting programs and 
     services for the recovery; and
       Whereas, the Coastal Protection and Restoration Authority 
     has been created as the single state agency to provide 
     aggressive state leadership, direction, and consonance in the 
     development and implementation of policies, plans, and 
     programs to achieve comprehensive coastal protection, 
     including the encouragement of multiple uses of the coastal 
     zone and to achieve a proper balance between development and 
     conservation, the restoration, creation, and nourishment of 
     renewable coastal resources, including but not limited to 
     coastal wetlands and barrier shorelines or reefs, through the 
     construction and management of coastal wetlands enhancement 
     projects, marsh management projects or plans, and to provide 
     direction and development of the state's comprehensive master 
     coastal protection plan, working in conjunction with state 
     agencies, political subdivisions, including levee districts, 
     and federal agencies; representing the state's position in 
     policy implementation relative to the protection, 
     conservation, and restoration of the coastal area of the 
     state; and providing oversight of coastal restoration and 
     hurricane protection projects and programs; and
       Whereas, the Coastal Protection and Restoration Authority, 
     in response to communications from the Louisiana 
     congressional delegation and in accordance with the 
     requirements of the Department of Defense, Emergency 
     Supplemental Appropriations to Address Hurricanes in the Gulf 
     of Mexico, and Pandemic Influenza Act of2006, has been 
     authorized and empowered to carry out any and all functions 
     necessary to serve as the single entity responsible to act as 
     the local sponsor for construction, operation and maintenance 
     of all of the hurricane, storm damage reduction and flood 
     control projects in areas under its jurisdiction, including 
     the greater New Orleans and southeast Louisiana area; and
       Whereas, the Coastal Protection and Restoration Authority 
     is empowered to enter into contracts with the federal 
     government or any federal agency or any political subdivision 
     of the state or private individual for the construction, 
     operation, or maintenance of any coastal restoration, 
     hurricane, storm damage reduction, or flood control project 
     and to this end, may contract for the acceptance of any grant 
     of money upon the terms and conditions, including any 
     requirement of matching the grants in whole or part, which 
     may be necessary; and
       Whereas, the Legislature of Louisiana has enacted 
     legislation which, upon approval by the voters of this state, 
     will consolidate certain levee districts and parishes into 
     regional flood protection authorities to govern levee 
     districts included in the authority and to establish on its 
     own behalf or for the areas or the levee districts under its 
     authority adequate drainage, flood control, and water 
     resources development, including but not limited to the 
     planning, maintenance, operation, and construction of 
     reservoirs, diversion canals, gravity and pump drainage 
     systems, erosion control measures, marsh management, coastal 
     restoration, and other flood control works as such 
     activities, facilities, and improvements relate to tidewater 
     flooding, hurricane protection, and saltwater intrusion; and
       Whereas, the state, with its limited and severely impacted 
     resources, has taken these, and numerous other, proactive 
     steps toward recovery and addressing the needs of the state's 
     citizens and communities; however, additional, immediate, and 
     continuing federal assistance is needed; and
       Whereas, in a time of great and unprecedented tragedy, a 
     state that has given so much to the rest of our country is in 
     dire need of the continuing and focused assistance and 
     support of our nation, through its federal government, for 
     the full recovery of Louisiana's citizens and infrastructure: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to take immediate action to 
     provide federal financial assistance to aid Louisiana's 
     recovery following the devastation caused by hurricanes 
     Katrina and Rita, to expeditiously complete the needed repair 
     to the levee system in the greater New Orleans area, to 
     provide for the prompt construction of hurricane and tidal 
     water protection for south Louisiana, and to provide 
     assistance with coastal restoration and marsh management; 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-269. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to taking 
     such actions as are necessary to provide funding for 
     Louisiana's indigent defense system and to amend the Stafford 
     Act or any other appropriate legislation to permit funding 
     for Louisiana's indigent defense system; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 25

       Whereas, during this time of statewide emergency due to 
     hurricanes Katrina and Rita, public funding for indigent 
     defender services have become inadequate; and
       Whereas, the state's indigent defender system is in urgent 
     need of funding assistance which is beyond the current 
     capacity of state and local government; and
       Whereas, hurricanes Katrina and Rita have caused mass 
     disruption in the criminal justice system throughout the 
     state and the closing of some courts due to storm damage; and
       Whereas, there has been a need for redirection of resources 
     to more critical life-threatening areas; and
       Whereas, the dislocation of, and in many cases the 
     relocation of, judicial employees and attorneys has put an 
     undue hardship on the indigent defender system; and
       Whereas, there is a buildup in the number of detained 
     persons charged with offenses for which there is a 
     constitutional requirement for legal representation; and
       Whereas, there is a strain on state and local funding as 
     the need in critical areas of public service has increased 
     and the revenue has dramatically decreased; and
       Whereas, it is the intent of the Congress, by the Stafford 
     Act (42 USC 5121, et seq.), to provide an orderly and 
     continuing means of assistance by the federal government to 
     state and local governments in carrying out their 
     responsibilities to alleviate the suffering and damage which 
     result from such disasters; and
       Whereas, the Legislature of Louisiana does urge Congress to 
     amend the Stafford Act or any other appropriate legislation 
     to permit funding for Louisiana's indigent defense system; 
     and
       Whereas, the Legislature of Louisiana created the Louisiana 
     Task Force on Indigent Defense Services in 2003 to study the 
     system in Louisiana of providing legal representation to 
     indigent persons who are charged with violations of criminal 
     laws and the study is ongoing; and
       Whereas, the 2006 fiscal year estimate for Louisiana 
     indigent defense services is fifty-five million dollars; and
       Whereas, any other federal funds that can be made available 
     to assist the Louisiana indigent defense system are greatly 
     needed: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to take such 
     actions as are necessary to provide funding for indigent 
     defendants and to amend the Stafford Act or any other 
     appropriate legislation to permit funding for Louisiana's 
     indigent defense system; 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-270. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to urging and requesting the United States Army 
     Corps of Engineers to provide a listing of all Hurricane 
     Katrina and Hurricane Rita related projects, including 
     specific details including the type of work, the name of the 
     contractor, and the total price of the contract; to the 
     Committee on Environment and Public Works.

                   House Concurrent Resolution No. 26

       Whereas, Hurricanes Katrina and Rita struck the state of 
     Louisiana causing severe flooding and damage to the southern 
     part of the state that has threatened the safety and security 
     of the citizens of the affected areas of the state of 
     Louisiana; and
       Whereas, the destruction caused by these devastating storms 
     damaged public works, such as levees, bridges, and highways, 
     and spread debris over a wide area of the southern part of 
     the state; and
       Whereas, the United States Army Corps of Engineers has 
     control over a great percentage of the contracts to repair 
     levees, remove debris, and transportation of trailers and 
     other important activities vital to the restoration and 
     revitalization of the affected areas of Louisiana; and
       Whereas, there have been many complaints about sluggish 
     progress and the exorbitant cost of the work contracted under 
     the United States Army Corps of Engineers, which is 
     contrasted with the timely and frugal efforts of many local 
     governments which chose to

[[Page 3234]]

     utilize other methods to handle hurricane-related work; and
       Whereas, the magnitude of the devastation requires a 
     cooperative effort between the governments of the affected 
     states, local governments, and the federal government; and
       Whereas, we live in an open society in which our 
     governments allow citizens to have access to government 
     information, as evidenced by the federal Freedom of 
     Information Act and the Louisiana Public Records Law; and
       Whereas, in order to completely fulfill our joint 
     responsibility to the people of Louisiana to manage state and 
     federal financial resources wisely and show that state and 
     federal public servants are performing up to standard and 
     according to the public interest, the corps should provide to 
     the Legislature of Louisiana a listing of the contracts 
     awarded by the Army Corps of Engineers; and
       Whereas, this listing shall, at a minimum, include the type 
     of work required by each contract, the name of each 
     contractor and all subcontractors, the principal place of 
     business of each contractor and subcontractor, the total cost 
     of each contract, the separate price paid to each contractor 
     and subcontractor under each contract, and the nature of the 
     work performed by each contractor and subcontractor: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the United States Army Corps of Engineers to 
     provide a detailed and comprehensive listing of all contracts 
     awarded by the corps as a result of Hurricanes Katrina and 
     Rita, including all of the aforementioned requested detailed 
     information; and be it further
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the Louisiana congressional delegation to 
     aid in this request by all means necessary, including Freedom 
     of Information Act requests on behalf of the citizens of 
     their districts; and be it further
       Resolved, That a suitable copy of this Resolution be 
     transmitted to Lieutenant General Carl A. Strock, the 
     Commander and Chief of Engineers of the United States Army 
     Corps of Engineers, and the Freedom of Information Act 
     Program Manager for the United States Army Corps of 
     Engineers, Mr. Richard Frank, and to each member of the 
     Louisiana congressional delegation.
                                  ____

       POM-271. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     authorizing the prompt construction of hurricane and tidal 
     water protection for southwest Louisiana; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 16

       Whereas, the southwest coastal zone of Louisiana is of 
     vital importance to the nation in oil and gas production and 
     fisheries production; and
       Whereas, prior to hurricanes Katrina and Rita, the state of 
     Louisiana accounted for 30% of the commercial fisheries 
     production of the lower 48 states, and ranked second in the 
     nation for recreational harvest of saltwater fish; and
       Whereas, prior to hurricanes Katrina and Rita, Louisiana 
     produced more than 80% of the nation's offshore oil and gas 
     supply and provided billions of dollars each year to the 
     Federal treasury, while subjecting the southwest Louisiana 
     coastline to damaging and long-term impacts from these 
     activities; and
       Whereas, the communities in southwest Louisiana that 
     support these industries are subject to potential flooding 
     from tropical storms and hurricanes; and
       Whereas, by causing total destruction of communities and 
     industries, Hurricane Rita demonstrated the critical need for 
     prompt action to provide tidal protection in southwest 
     Louisiana: Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to authorize the prompt 
     construction of hurricane and tidal water protection for 
     southwest Louisiana; 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-272. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     amending the Stafford Act to permit funds to be used for 
     permanent housing in the hurricane impacted areas of 
     Louisiana; to the Committee on Environment and Public Works.
       Whereas, it would be economically beneficial to Louisiana 
     to amend restrictions on permanent housing contained in 
     Section 408 of the Stafford Act for the catastrophically 
     impacted hurricane areas in Louisiana; and
       Whereas, Hurricane Katrina and Hurricane Rita struck the 
     state of Louisiana causing severe flooding and damage to the 
     southern region of the state adversely affecting the economy 
     of our state as well as increasing the cost of supplies and 
     services necessary to rebuild in the impacted areas thereby 
     causing a dangerously regressive effect upon Louisiana and 
     its citizens; and
       Whereas, the flooding and damage of these storms has had a 
     detrimental effect upon the availability of jobs, temporary 
     housing, and permanent homes for many of our residents; and
       Whereas, the effect of these storms has had a direct impact 
     on many Louisianians ability to obtain any type of housing; 
     and
       Whereas, the Stafford Act provides an orderly means of 
     assistance by the federal government to the state and local 
     governments in carrying out their responsibilities to 
     alleviate the individual suffering and damage caused by 
     Hurricane Katrina and Hurricane Rita, but it also restricts 
     the amount of assistance and types of housing assistance 
     available to those most in need of assistance: Therefore, be 
     it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the President and the United States Congress to 
     take such actions as are necessary to amend the Stafford Act 
     to allow funds to be used for permanent housing in the areas 
     devastated and catastrophically impacted in Louisiana; and be 
     it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the President of the United States, 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-273. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to allow a 
     five hundred dollar federal tax deduction for people who 
     housed evacuees rent free for at least sixty continuous days 
     as a result of Hurricane Rita; to the Committee on Finance.

                   House Concurrent Resolution No. 17

       Whereas, the federal government altered the federal tax 
     code to assist individuals who suffered losses as a result of 
     Hurricane Katrina and authorized incentives for individuals 
     and companies to engage in charitable acts to benefit those 
     affected by Hurricane Katrina, particularly, for offering 
     rent-free housing to evacuees; and
       Whereas, the federal government has not offered the same 
     incentives to taxpayers who housed evacuees for Hurricane 
     Rita; and
       Whereas, Hurricane Rita evacuees were as equally impacted 
     as Hurricane Katrina evacuees and are in need of the same 
     benefits: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to allow a five hundred dollar federal tax 
     deduction for persons who provided rent-free housing for at 
     least sixty continuous days as a result of Hurricane Rita; 
     and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-274. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to the opposition of the State Modernization and 
     Regulatory Transparency (SMART) Act; to the Committee on 
     Finance.

                        House Resolution No. 162

       Whereas, Traditionally, the United States insurance 
     industry has been regulated by individual states. Under the 
     McCarran Ferguson Act of 1945, state legislatures are the 
     proper governmental entity to determine public policy on 
     insurance issues. State legislatures are more responsive to 
     the needs of their constituents and are more knowledgeable 
     regarding the market conditions that exist in their states 
     and regarding the need for unique insurance products and 
     regulation to meet their specific market demands; and
       Whereas, State legislatures and such organizations as the 
     National Conference of Insurance Legislators (NCOIL), the 
     National Conference of State Legislatures (NCSL), and the 
     National Association of Insurance Commissioners (NAIC) 
     recognize that in certain states marketplace difficulties 
     have created regulatory hurdles or delayed speed-to-market 
     processing of insurance products. To solve these problems, 
     state legislatures, NCOIL, NCSL, and NAlC continue to address 
     uniformity issues among states through the adoption of model 
     laws that address market conduct, product approval, agent 
     licensing, and rate deregulation; and
       Whereas, Many state governments derive general revenue 
     dollars from the regulation of the insurance industry. In 
     Michigan, the insurance industry paid more than $241 million 
     in state premium taxes in 2004; and
       Whereas, The federal State Modernization and Regulatory 
     Transparency (SMART) Act would create mandatory federal 
     insurance standards preempting state law and undermining 
     state sovereignty. By federalizing insurance regulation, this 
     legislation would threaten the power of state legislatures, 
     governors, insurance commissioners, and attorneys general to 
     oversee, regulate, and investigate the insurance industry, 
     impairing, eroding, and/or limiting their ability to protect 
     the interests of their constituents: Now, therefore, be it
       Resolved, by the House of Representatives, That we 
     memorialize the United States Congress to oppose the State 
     Modernization and Regulatory Transparency (SMART) Act; and be 
     it further

[[Page 3235]]

       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, the members of the 
     United States House of Representatives Committee on Financial 
     Services, the members of the United States Senate Committee 
     on Finance, and the members of the Michigan congressional 
     delegation.
                                  ____

       POM-275. A concurrent resolution adopted by the House of 
     Representatives of the General Assembly of the State of Ohio 
     relative to the Darfur genocide; to the Committee on Foreign 
     Relations.

                   House Concurrent Resolution No. 19

       Whereas, In February 2003, the Sudan Liberation Army (SLA) 
     and Justice Equality Movement (JEM) from the Darfur region of 
     Sudan clashed with the Janjaweed militia, a group supported 
     by the government of Sudan, in an attempt to oppose the 
     region's extreme political and economic marginalization. 
     Since that time, tens of thousands of civilians have been 
     killed and more than two million civilians have been made 
     internally displaced peoples by the two warring factions. 
     Furthermore, approximately two hundred thousand Darfur 
     refugees have fled across the border to Chad; and
       Whereas, On July 22, 2004, the United States House of 
     Representatives and the United States Senate declared that 
     the atrocities occurring in Darfur are genocide; and
       Whereas, On September 9, 2004, Secretary of State Colin L. 
     Powell stated before the United States Senate Committee on 
     Foreign Relations, ``When we reviewed the evidence compiled 
     by our team, along with other information available to the 
     State Department, we concluded that genocide has been 
     committed in Darfur and that the Government of Sudan and the 
     (Janjaweed) bear responsibility--and genocide may still be 
     occurring''; and
       Whereas, President George W. Bush, in an address before the 
     United Nations General Assembly on September 21, 2004, 
     stated, ``At this hour, the world is witnessing terrible 
     suffering and horrible crimes in the Darfur region of Sudan, 
     crimes my government has concluded are genocide''; and
       Whereas, As a stabilizing force, the United States has an 
     obligation to promote peace in the region and to work with 
     other foreign governments to end the genocide in the Darfur 
     region of Sudan; now, therefore be it
       Resolved, That we, the members of the 126th General 
     Assembly of the State of Ohio, wish to focus attention on the 
     killing of tens of thousands of civilians at the hands of the 
     armed belligerents; and be it further
       Resolved, That we, the members of the 126th General 
     Assembly of the State of Ohio, encourage the President of the 
     United States and the Congress of the United States to 
     continue supporting the humanitarian efforts of international 
     aid groups to relieve the suffering of those who have been 
     affected by the genocide occurring in the Darfur region of 
     Sudan, to protect the workers of those aid groups, to 
     encourage foreign governments to provide water, food, 
     shelter, and medical care to those suffering in Darfur, and 
     to lead multilateral efforts to bring those responsible for 
     the egregious human rights violations to justice; and be it 
     further
       Resolved, That we, the members of the 126th General 
     Assembly of the State of Ohio, encourage Ohio companies and 
     institutions, multinational corporations operating in Ohio, 
     and agencies and political subdivisions of the state to 
     divest themselves of interests in any companies that conduct 
     business in Sudan; and be it further
       Resolved, That the Clerk of the House of Representatives 
     transmit duly authenticated copies of this resolution to the 
     President of the United States, the United States Secretary 
     of State, the Speaker and Clerk of the United States House of 
     Representatives, the President Pro Tempore and Secretary of 
     the United States Senate, the members of the Ohio 
     Congressional delegation, and the news media of Ohio.
                                  ____

       POM-276. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to amending the No Child Left Behind Act; to the 
     Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 30

       Whereas, the No Child Left Behind Act of 2001 requires that 
     paraprofessionals who are employed in Title I schools meet 
     high standards of qualification and requires that students 
     who need the most help receive instructional support only 
     from qualified paraprofessionals; and
       Whereas, for the purposes of No Child Left Behind, a 
     paraprofessional is defined as a school employee who provides 
     instructional support in a program supported with federal 
     funds pursuant to Title I of the Elementary and Secondary 
     Education Act; and
       Whereas, this definition includes a paraprofessional who 
     provides instructional support in any manner as follows:
       (1) Provides one-on-one tutoring if such tutoring is 
     scheduled at a time when a student would not otherwise 
     receive instruction from a teacher;
       (2) Assists with classroom management such as organizing 
     instructional and other materials;
       (3) Provides instructional assistance in a computer 
     laboratory;
       (4) Conducts parental involvement activities;
       (5) Provides support in a library or media center;
       (6) Acts as a translator; and
       (7) Provides instructional support services under the 
     direct supervision of a teacher; and
       Whereas, in compliance with the requirements of No Child 
     Left Behind, Louisiana has developed different pathways for 
     paraprofessionals who are employed in Title I schools to 
     choose from in order to meet the definition of ``highly 
     qualified''; and
       Whereas, these choices include taking forty-eight semester 
     hours of relevant course work or taking and passing a 
     paraprofessional academic assessment instrument; and
       Whereas, these choices and the requirements of No Child 
     Left Behind do not take into consideration the fact that some 
     of these paraprofessionals were employed in public school 
     systems prior to the enactment of No Child Left Behind and 
     have many years of experience serving in such capacity; and
       Whereas, there are concerns among many about the financial 
     burden that the requirements of No Child Left Behind place 
     upon paraprofessionals who receive minimal salaries and 
     cannot afford the college courses, test preparation, or test 
     costs; and
       Whereas, although many local school systems in Louisiana 
     are assisting paraprofessionals in paying these costs, there 
     are other issues involved that make these requirements 
     extremely difficult, if not impossible, for some 
     paraprofessionals to meet--especially those who work in rural 
     areas of the state and may not have access to postsecondary 
     education; and
       Whereas, these burdens have resulted in the loss of many 
     paraprofessionals from the public schools in this state who 
     have been forced to seek other types of employment; and
       Whereas, paraprofessionals employed in Title I schools play 
     a very important role in improving student achievement and 
     many of them have been employed in such schools for a number 
     of years and their experience and expertise in their jobs is 
     a tremendous asset to public education; and
       Whereas, because the legislature values these employees for 
     the crucial role they play in public education and wants to 
     keep them in our public schools where they can continue to 
     make a difference in students' lives, it is imperative that 
     all steps necessary be taken to remove these burdens which 
     are forcing many of the more experienced and qualified 
     paraprofessionals to leave the public education system: 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to amend the No Child Left Behind Act to 
     provide that paraprofessionals who were employed in Title I 
     schools prior to the enactment of the No Child Left Behind 
     Act shall be deemed to have met the definition of ``highly 
     qualified'' for purposes of such legislation due to such 
     employment and the experience gained as a result of such 
     employment; 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-277. A resolution adopted by the Senate of the State of 
     Michigan relative to enacting legislation reauthorizing the 
     Ryan White Care Act to provide comprehensive care for the 
     neediest victims of HIV/AIDS; to the Committee on Health, 
     Education, Labor, and Pensions.

                        Senate Resolution No. 95

       Whereas, The numbers of children, youth, and particularly 
     young women who are infected with HIV or have developed AIDS 
     are increasing. In the United States, more than 9,000 
     children under the age of thirteen are living with HIV/AIDS. 
     Of the nearly 40,000 Americans infected every year with HIV, 
     nearly fifteen percent are under twenty-five years of age. 
     Among the newly infected in the age group of thirteen to 
     nineteen, fifty-eight percent are women; and
       Whereas, Children and young people infected with HIV and 
     living with AIDS have unique needs for specialized medical 
     services and psychosocial support. Programs funded under the 
     Ryan White CARE Act successfully deliver family-centered, 
     coordinated health care and support services for women, 
     children, youth and families. These programs have played a 
     significant role in reducing the number of mother-to-child 
     HIV infections from 2,000 to fewer than 200 per year; and
       Whereas, Recent patterns in the United States show that 
     HIV/AIDS increasingly affects African Americans, Latinos, and 
     other racial and ethnic minorities. In 2004, minorities 
     accounted for almost three-fourths of new cases of AIDS in an 
     HIV/AIDS surveillance report by the Centers for Disease 
     Control and Prevention (CDC). Of these newly identified AIDS 
     patients, 48 percent were African Americans and 21 percent 
     were Latinos. The rate also continued to rise among women, 
     who accounted for 27 percent

[[Page 3236]]

     of new AIDS cases in 2004. Of these women newly diagnosed 
     with AIDS, 67 percent were African Americans and 15 percent 
     were Latinas; and
       Whereas, In his State of the Union address, President 
     George W. Bush supported reauthorization of the Ryan White 
     CARE Act to encourage prevention of HIV/AIDS and provide care 
     and treatment for the neediest HIV/AIDS victims. The 
     Secretary of Health and Human Services proposed five guiding 
     principles to reauthorize the Act. First, serve the neediest 
     victims of HIV/AIDS. Second, focus on delivering life-saving 
     and life-extending services. Third, increase prevention 
     efforts through more routine testing. Fourth, increase the 
     accountability of states and organizations receiving federal 
     funds. Fifth, give the federal government flexibility to 
     reallocate unspent funds. By following these principles, care 
     will be delivered to the neediest patients that will help 
     them live longer and healthier lives: now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation reauthorizing the Ryan 
     White CARE Act; 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-278. A resolution adopted by the Legislature of the 
     Virgin Islands relative to amending 33 Code of Federal 
     Regulations, Part 160, to exempt the Virgin Islands from the 
     passenger information reporting requirements that went into 
     effect in 2005; to the Committee on Commerce, Science, and 
     Transportation. 

                          ____________________