[Congressional Record (Bound Edition), Volume 153 (2007), Part 24]
[Senate]
[Pages 33307-33309]
[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-258. A resolution adopted by the Council of the City of 
     Espanola of the State of New Mexico in support of maintaining 
     current federal funding levels for the operation of the Los 
     Alamos National Laboratory; to the Committee on Energy and 
     Natural Resources.
       POM-259. A resolution adopted by the Town Council of the 
     Town of Hypoluxo in the State of Florida urging Congress to 
     appropriate funds necessary to bring the Herbert Hoover Dike 
     into compliance with current levee protection safety 
     standards; to the Committee on Environment and Public Works.
       POM-260. A resolution adopted by the Cook County Board of 
     the State of Illinois urging Congress to support the H-1 B 
     and L-1 B Visa Fraud and Abuse Prevention Act of 2007; to the 
     Committee on the Judiciary.
       POM-261. A resolution adopted by the Senate of the State of 
     New York urging the New York State Congressional Delegation 
     to make the Do Not Call Registry permanent; to the Committee 
     on Commerce, Science, and Transportation.

                               Resolution

       Whereas, the Do Not Call Registry was established in the 
     State of New York in 2000 to protect citizens from unwanted 
     sales calls; it was made more effective in 2003, when it 
     merged with the National Do Not Call Registry; and
       Whereas, the National Do Not Call Registry provides 
     citizens across the state and country with the privacy they 
     deserve and adequate penalties for businesses which violate 
     that privacy by persisting with unwanted phone calls; and
       Whereas, the merging of the two Do Not Call Registries has 
     effectively protected New York State residents from 
     bothersome and unwanted phone solicitations for the last five 
     years; and
       Whereas, Due to the five year expiration of the National Do 
     Not Call Registry, many of the first enrollees will soon 
     again be vulnerable to telephone solicitations unless they 
     re-enroll; Now, therefore, be it
       Resolved, That this Legislative Body pause in its 
     deliberations to urge the New York State Congressional 
     Delegation to eliminate the 5-year expiration date and make 
     the National Do Not Call Registry permanent; and be it 
     further
       Resolved, That copies of this Resolution, suitably 
     engrossed, be transmitted to the President of the Senate of 
     the United States, the Speaker of the House of 
     Representatives, and to each member of the Congress of the 
     United States from the State of New York.
                                  ____

       POM-262. A resolution adopted by the California State Lands 
     Commission expressing its support for S. 1870 and H.R. 2421; 
     to the Committee on Environment and Public Works.

                               Resolution

       Whereas, the California State Lands Commission has 
     jurisdiction over the state-owned tide and submerged lands 
     below the mean high tide line out to three miles from the 
     coast as well as the lands underlying California's bays, 
     lakes, and rivers; and
       Whereas, the Commission is charged with managing these 
     lands pursuant to the Public Trust Doctrine, common law that 
     requires these lands to be used for commerce, fishing, 
     navigation, recreation, and environmental protection; and
       Whereas, the Commission has acquired thousands of acres of 
     valuable wetlands and lands to be restored to wetlands such 
     as Bolsa Chica and the Cosumnes River wetlands; and
       Whereas, the Commission is gravely concerned about the 
     adverse effects greenhouse gases and climate change will have 
     on the environmental, economic, and public value of the state 
     lands it holds in trust; and
       Whereas, wetlands have been identified as significant 
     storehouses of carbon, possibly storing as much as 40% of 
     global terrestrial carbon; and
       Whereas, the drainage and degradation of wetlands releases 
     large quantities of carbon dioxide (the gas that accounts for 
     at least 60% of global warming) as well as other greenhouse 
     gases contributing to climate change; and
       Whereas, there are approximately 100 million wetland acres 
     remaining in the continental United States, which are 
     decreasing about 60,000 acres annually; and
       Whereas, if wetlands are functioning properly, they provide 
     not only protection against global warming, but also water 
     quality protection, fish and wildlife habitat, natural 
     floodwater storage, reduction in the erosive potential of 
     surface water, and popular recreational uses; and
       Whereas, wetlands have been used to manage wastewater: as 
     the water passes through the wetlands, suspended particles 
     settle; pollutants are broken down by plants, microorganisms, 
     and sediment; nutrients are absorbed; and pathogens die off; 
     and
       Whereas, wetlands are among the most biologically 
     productive ecosystems, essential to the survival of more than 
     one-third of the threatened and endangered species in the 
     United States; and
       Whereas, wetlands provide public use benefits, supplying 
     opportunities for enjoying nature, hiking, biking, bird 
     watching, hunting, fishing, and scientific study, which in 
     the aggregate, generate several billions of dollars annually 
     in the United States; and
       Whereas, in 1972, Congress passed the Clean Water Act 
     (``the Act'') to restore and maintain the chemical, physical, 
     and biological integrity of the Nation's waters. The Act 
     contains Section 404, which established a permit program 
     involving the Environmental Protection Agency and the U.S. 
     Army Corps of Engineers (``the Corps'') to regulate 
     discharges of pollutants (e.g. waste discharge and dredged 
     and fill materials) into waters of the United States; and
       Whereas, in 1977, the Corps issued final regulations on the 
     permit program and explicitly included in its definition of 
     ``waters of the United States'' any ``isolated wetlands and 
     lakes, intermittent streams, prairie potholes, and other 
     waters that are not part of the tributary system to 
     interstate waters or to navigable waters of the United 
     States, the degradation or destruction of which could affect 
     interstate commerce.''; and
       Whereas, in 2001 and compounded by a joint decision in 
     2006, the United States Supreme Court, first in Solid Waste 
     Agency of Northern Cook County v. U.S. Army Corps of 
     Engineers (SWANCC) and then in Rapanos v. United States, 
     issued decisions that reduced the jurisdictional scope of the 
     Clean Water Act, undermining decades of clean water 
     protection, and jeopardizing the future of wetlands and other 
     waters of the United States; and
       Whereas, the opinions of the split court in Rapanos have 
     created great confusion as to the actual scope of the Clean 
     Water Act, making implementation of the Act resource 
     intensive and subject to litigation; and
       Whereas, the Clean Water Restoration Act of 2007, 
     introduced by Senator Feingold through S. 1870, and 
     Congressman Oberstar through H.R. 2421, seeks to end 
     jurisdictional confusion left in the wake of the Rapanos case 
     by codifying the Corps' definition of ``waters of the United 
     States,'' which federal agencies have used to enforce the 
     Clean Water Act for over 30 years; Therefore be it
       Resolved by the California State Lands Commission, That it 
     supports the Clean Water Restoration Act of 2007 (S. 1870 and 
     H.R. 2421), which would affirm federal protections for waters 
     of the United States, including wetlands, tributaries, 
     headwaters and streams, through the Clean Water Act; and be 
     it further
       Resolved, That the Commission's Executive Officer transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Governor of California, to the 
     Majority and Minority Leaders of the United States Senate, to 
     the Speaker and Minority Leader of the United States House of 
     Representatives, to the Chairs and Ranking Minority Members 
     of the Senate Committee on Environment and Public Works, the 
     House Committee on Energy and Commerce, to each Senator and 
     Representative from California in the Congress of the United 
     States, to the U.S. Army Corps of Engineers, and to the 
     Environmental Protection Agency.
                                  ____

       POM-263. A resolution adopted by the Senate of the State of 
     Michigan in support of the plan of the Detroit International 
     Bridge Company to establish an enhancement span to the 
     Ambassador Bridge; to the Committee on Environment and Public 
     Works.

                       Senate Resolution No. 123

       Whereas, the Ambassador Bridge between Detroit and Windsor 
     exemplifies efficiency and solid security practices that a 
     private and public partnership can provide to the citizens of 
     Michigan, the United States, and Canada and has been 
     recognized by the United States Federal Highway 
     Administration as the most efficient international crossing; 
     and
       Whereas, the Detroit International Bridge Company (DIBC) 
     crossing plan to develop an enhancement span of the 
     Ambassador Bridge would provide for an additional crossing 
     between the cities of Detroit and Windsor to meet the traffic 
     needs of the region for years to come; and
       Whereas, the DIBC has stated it will work with the state of 
     Michigan to leverage the private investment used in the 
     creation of an enhancement span to help garner $2 billion in 
     match funding to be used to improve Michigan's roads and 
     bridges by qualifying DIBC expenditures as toll credits under 
     federal law; and
       Whereas, the Detroit River International Crossing (DRIC) 
     study, being carried out by the Michigan Department of 
     Transportation, the U.S. Federal Highway Administration, 
     Transport Canada, and the Ontario Ministry of Transportation, 
     calls upon the need for an additional span and continues to 
     study alternate sites for a new bridge, while private 
     investors are willing to construct and operate a second 
     crossing to be financed without expense to the taxpayer; and
       Whereas, the state of Michigan has made a significant 
     investment to improve the traffic flow to the current 
     Ambassador Bridge through initiatives such as the Gateway 
     Project to address traffic flow from the freeway and 
     interstates to the Ambassador

[[Page 33308]]

     Bridge, as well as improving the plaza to accommodate 
     international commerce; Now, therefore, be it
       Resolved by the Senate, That we support the plan of the 
     Detroit International Bridge Company to establish an 
     enhancement span to the Ambassador Bridge; and be it further
       Resolved, That we urge the Michigan Strategic Fund to 
     immediately approve an Inducement Resolution for Private 
     Activity Bonds for the DIBC enhancement span and Gateway 
     connections to the Ambassador Bridge; and be it further
       Resolved, That we urge both the United States and Canadian 
     governments to expedite the permits to complete the DIBC 
     enhancement span to allow for the second crossing to become 
     operational in a timely fashion; and be it further
       Resolved, That we urge that the DRIC study recognize and 
     support the DIBC's plan to develop an enhancement span; and 
     be it further
       Resolved, That we recommend that the Canadian government 
     finish the improvements to alleviate traffic flow concerns in 
     Windsor from Canadian Highway 401 to the Ambassador Bridge; 
     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, the Prime Minister of Canada, the Ontario 
     Parliamentary delegation, the mayor of Detroit, and the mayor 
     of Windsor.
                                  ____

       POM-264. A resolution adopted by the House of 
     Representatives of the State of Michigan urging the Secretary 
     of State to increase efforts to urge the People's Republic of 
     China to halt its violation of the human rights of its 
     citizens; to the Committee on Finance.

                        House Resolution No. 109

       Whereas, Falun Gong, which is also known as Falun Dafa, is 
     a traditional Chinese discipline of personal beliefs that is 
     based on the principles of truthfulness, compassion, and 
     forbearance. Falun Gong attracts millions of people of all 
     ages and backgrounds is practiced in over 80 countries over 
     the world; and
       Whereas, over the past several years, authorities in the 
     People's Republic of China have taken strong and brutal 
     actions against practitioners of Falun Gong. Reports indicate 
     that tens of thousands of people have been tortured and sent 
     to labor camps, and property owned by those who follow this 
     discipline has been destroyed or confiscated. Independent 
     investigations also report that large-scale organ harvesting 
     for transplant involves organs taken from non- consenting 
     prisoners, with the major target group being Falun Gong 
     practitioners; and
       Whereas, the persecution of practitioners of Falun Gong is 
     in apparent violation of the People's Republic of China's own 
     constitution and a flagrant violation of standards of human 
     rights recognized by the United Nations and most governments 
     of the world; and
       Whereas, citizens of Michigan who practice Falun Gong and 
     those who understand this discipline cannot fathom the 
     reaction of the Chinese authorities. Indeed, those who value 
     human rights seek an increase of efforts to urge the People's 
     Republic of China to halt this persecution; Now, therefore, 
     be it
       Resolved by the House of Representatives, That we urge the 
     United States Secretary of State to increase efforts to urge 
     the People's Republic of China to recognize and protect the 
     human rights of its citizens and halt the persecution of and 
     forced harvesting of organs from practitioners of Falun Gong; 
     and be it further
       Resolved, that copies of this resolution be transmitted to 
     the United States Secretary of State, 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-265. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     enact federal legislation designed to prevent elder abuse; to 
     the Committee on Finance.

                        House Resolution No. 207

       Whereas, the number of older Americans is increasing, and 
     with it the problem of elder abuse and exploitation. Older 
     Americans constitute a vulnerable population that often 
     suffer physical and emotional abuse and can often be targets 
     of identity theft and other fraudulent financial schemes; and
       Whereas, in response to concerns about elder abuse, federal 
     legislation has been introduced that would focus attention on 
     this problem and promote an infrastructure at the federal, 
     state, and local levels to protect these vulnerable 
     Americans. The Elder Justice Act, S. 1070 and H.R. 1783, 
     would assure that individuals and organizations on the front 
     lines, who are fighting elder abuse, have the resources and 
     information needed to carry out their fight; and
       Whereas, This legislation would create a comprehensive and 
     multidisciplinary approach to protecting older Americans. The 
     Elder Justice Act would improve research and data collection, 
     enhance training of individuals who fight elder abuse, and 
     promote the development of an effective adult fiduciary 
     system, including an adult guardianship system. Among other 
     things, this legislation would also create a short and long 
     term strategic plan for the development and coordination of 
     elder justice research, programs, and training; Now, 
     therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the United States Congress to enact federal 
     legislation designed to prevent elder abuse; 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-266. A resolution adopted by the House of 
     Representatives of the State of Michigan urging Congress to 
     repeal Title II of the REAL ID Act of 2005; to the Committee 
     on the Judiciary.

                        House Resolution No. 176

       Whereas, the state of Michigan denounces and condemns all 
     acts of terrorism, wherever the acts occur; and
       Whereas, the Intelligence Reform and Terrorism Prevention 
     Act (IRTP) of 2004 called for reforms that would make 
     identification documents more secure, harder to force, and 
     more difficult to fraudulently obtain; and
       Whereas, the IRTP Act of 2004 recognized that imposing 
     federal mandates and standards onto state driver's licenses 
     raised important questions on the federal government's 
     ability and role in interfering with identification cards 
     wholly owned by the states, especially when there are federal 
     alternatives. As a result, the Act sought to establish 
     identification security guidelines by a shared and negotiated 
     rulemaking process in full partnership with the states; and
       Whereas, the REAL ID Act of 2005, without benefit of Senate 
     hearings or testimony, was abruptly attached as a rider to a 
     must-pass military spending and tsunami relief bill (PL 109-
     13). Its passage effectively repealed the negotiated 
     rulemaking process already under way as a result of the IRTP 
     Act of 2004, replacing it with methodology designed to 
     directly impose federal standards onto a state's wholly owned 
     licenses under REAL ID. The draft rules for obtaining a REAL 
     ID are more stringent than those the federal government 
     requires for its own passports or social security cards; and
       Whereas, under these new standards, the REAL ID Act sets 
     mandated deadlines in the near future under which Michigan's 
     current licenses cannot be used for any federal purpose, 
     including, but not limited to, activities such as boarding 
     domestic airline flights, opening most bank accounts, and 
     gaining entrance to federal buildings such as courts. While 
     citizens could alternatively use passports for such purposes, 
     whether or not non-REAL ID licenses could still be used for 
     the federal purpose of obtaining a passport has not been 
     definitively clarified; and
       Whereas, the REAL ID Act puts the Department of Homeland 
     Security in charge of determining the as of yet published 
     final rules that would mandate what information would be 
     included on Michigan's driver's licenses, with whom the data 
     must be shared, what biometrics may ultimately be used on the 
     cards, and what encoding or other machine-readable technology 
     may ultimately be required. Such action creates a precedent 
     where different or additional rules could also be created 
     again by the federal government in the future; and
       Whereas, the REAL ID Act would mandate that Michigan must 
     link parts of its Secretary of State database to the 
     departments of motor vehicles of all other states, in effect 
     creating a single shared national database, while at the same 
     time REAL ID sets no standards whatsoever on the security 
     measures that states must use for gateway access to other 
     states' databases, allows for non-governmental third parties 
     to administer such databases, and sets absolutely no limits 
     on how non-governmental entities will mandate use of the 
     cards for goods, services, or other purposes; and
       Whereas, Real ID is an unfunded mandate and the Department 
     of Homeland Security estimates that the regulations will cost 
     the states and consumers $23 billion to implement; and
       Whereas, regardless of who pays for the costs of REAL ID, 
     it would federalize Michigan's driver's licenses by 
     determining under what conditions the card can be used, what 
     information has to be collected and put on the cards, what 
     machine-readable technology the information is encoded under, 
     and to whom the state must give such data. This 
     federalization and creation of a de facto national 
     identification card occurs without the benefit of a shared, 
     negotiated rulemaking process with the states regarding the 
     co-option of their wholly owned licenses; and
       Whereas, as a result of these concerns and a recognition 
     that needed reforms can be accomplished without the negative 
     aspects of REAL ID, seventeen states have already passed 
     bills or resolutions rejecting, asking for repeal, or putting 
     limitation on whether or not they will participate in REAL 
     ID. These states include Arkansas, Colorado, Georgia, Hawaii, 
     Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, 
     New

[[Page 33309]]

     Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee, 
     and Washington. Ten other states have anti-REAL ID 
     initiatives that have passed one chamber; and
       Whereas, Federal S. 117, the Identification Security 
     Enhancement Act of 2006 sponsored by Senators Sununu (R-NH) 
     and Akaka (D-HI), and similar current legislation, replaces 
     REAL ID with language taken from the original Intelligence 
     Reform and Terrorism Prevention Act of 2004. The proposed 
     legislation takes a more measured approach to mandating 
     tougher standards for driver's licenses by requiring that new 
     guidelines be developed by a shared rulemaking process that 
     would fully involve all states and other key stakeholders; 
     Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize Congress to repeal Title II of the REAL ID Act of 
     2005, and to support a return to a negotiated rulemaking 
     process with the states, such as called for in S. 117, the 
     Identification Security Enhancement Act of 2006; and be it 
     further
       Resolved, That the Michigan Legislature will not 
     appropriate funds nor enact legislation for the 
     implementation of Title II of the REAL ID Act of 2005; 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-267. A resolution adopted by the Senate of the 
     Commonwealth of Puerto Rico urging the release of three 
     Puerto Rican political prisoners; to the Committee on the 
     Judiciary.

                               Resolution

       Puerto Ricans Carlos Alberto Torres, Oscar Lopez-Rivera and 
     Haydee Beltran have been imprisoned in the United States for 
     twenty-seven years, serving time for causes related to the 
     fight for the independence of Puerto Rico. Other political 
     prisoners, who were serving equally disproportionate 
     sentences, have already been released, first, under the 
     Administration of Jimmy Carter, and subsequently, in 1999, 
     under the Administration of William J. Clinton.
       The cause for the release of these fellow countrymen has 
     united Puerto Ricans of all creeds. Political, religious and 
     civic institutions have claimed for the return home of Carlos 
     Alberto, Oscar and Haydee. Their long imprisonment, far from 
     serving a purpose, has become a sign of inhumanity and 
     injustice. International entities have joined the consensus 
     reached in Puerto Rico for the release of our prisoners.
       The Senate of Puerto Rico also joins in solidarity to 
     petition the President of the United States, George W. Bush, 
     that in the exercise of his prerogatives, he orders the 
     immediate and unconditional release of prisoners Carlos 
     Alberto Torres, Oscar Lopez-Rivera and Haydee Beltran.
       Be it resolved by the Senate of Puerto Rico:
       Section 1.--To petition the President of the United States, 
     George W. Bush, to order the immediate and unconditional 
     release of prisoners Carlos Alberto Torres, Oscar Lopez-
     Rivera and Haydee Beltran.
       Section 2.--A copy of this Resolution translated into 
     English shall be delivered to the President of the United 
     States, to the Vice President of the United States, to the 
     Speaker of the House of Representatives of the United States, 
     to the President pro tempore of the Senate of the United 
     States, to the Resident Commissioner of Puerto Rico in 
     Washington, and to the Majority and Minority Leaders in the 
     House and in the Senate of the United States. It shall also 
     be remitted by electronic mail to the members of the Senate 
     and of the House of Representatives of the United States.
       Section 3.--This Resolution shall take effect immediately 
     after its approval.

                          ____________________