[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 7108-7112]
[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-322. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to ensure that insurance 
     companies comply with HB 1-A and pass savings on to 
     policyholders; to the Committee on Banking, Housing, and 
     Urban Affairs.
       POM-323. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to pass legislation allowing 
     counties additional flexibility related to deferral of 
     property taxes, to the Committee on Homeland Security and 
     Governmental Affairs.
       POM-324. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to place a constitutional 
     amendment on the statewide ballot intended to strengthen the 
     prohibition on unfunded mandates; to the Committee on 
     Homeland Security and Governmental Affairs.
       POM-325. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to pass legislation increasing 
     statutory fees for service of process; to the Committee on 
     the Judiciary.
       POM-326. A resolution adopted by the Commission of the City 
     of Miami of the State of Florida urging Congress to support 
     the re-enactment of the Federal Assault Weapons Ban; to the 
     Committee on the Judiciary.
       POM-327. A resolution adopted by the Coconut Creek City 
     Commission of the State of Florida urging Congress to re-
     enact the Federal Assault Weapons Ban; to the Committee on 
     the Judiciary.
       POM-328. A resolution adopted by the Board of County 
     Commissioners of Miami-Dade County of the State of Florida 
     urging the Florida Legislature to strengthen laws related to 
     assault weapons; to the Committee on the Judiciary.
       POM-329. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging Congress to take actions 
     necessary to call a constitutional convention to propose an 
     amendment to include the Posse Comitatus Act as a 
     constitutional prohibition; to the Committee on Armed 
     Services.

                   House Concurrent Resolution No. 38

       Whereas, the United States Constitution provides that, on 
     the application of the legislatures of two-thirds of the 
     several states, the congress shall call a convention for the 
     purpose of proposing an amendment or amendments to the United 
     States Constitution, which amendment or amendments when so 
     proposed by such a convention must be ratified by the 
     legislatures of, or conventions in, three-fourths of the 
     states to become valid; and
       Whereas, the Posse Comitatus Act, 18 U.S.C. 1385, was 
     originally passed in 1878 to remove the Army from civilian 
     law enforcement and to return it to its role of defending the 
     borders of the United States; and
       Whereas, the Posse Comitatus Act provides that whoever, 
     except in cases and under circumstances expressly authorized 
     by the constitution or act of congress, willfully uses any 
     part of the Army or the Air Force as a posse comitatus or 
     otherwise to execute the laws shall be fined or imprisoned. 
     Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to call a convention 
     pursuant to Article V of the United States Constitution for 
     the sole purpose of proposing an amendment to add the Posse 
     Comitatus Act to the United States Constitution. Be it 
     further
       Resolved, That the Congress of the United States is hereby 
     requested to provide as the mode of ratification that said 
     amendment shall be valid to all intents and purposes and 
     become a part of the Constitution of the United States when 
     ratified by the legislatures of three-fourths of the several 
     states. Be it further
       Resolved, That the Legislature of the Louisiana does hereby 
     memorialize the presiding officers of the legislative bodies 
     of the several states to apply to the Congress of the United 
     States to call a convention for the sole purpose of proposing 
     this amendment to the Constitution of the United States. 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 and to the presiding officers of each house of the 
     legislative bodies of the several states of the Union.
                                  ____

       POM-330. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to provide refundable 
     credits received by Louisiana homeowners to offset Louisiana 
     Citizens Property Insurance Assessments; to the Committee on 
     Banking, Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 11

       Whereas, the Legislature of Louisiana in Act No. 4 of the 
     Second Extraordinary Session of the Louisiana Legislature 
     provided relief to Louisiana homeowners from the large 
     assessments levied on their homeowner's insurance premiums by 
     the Louisiana Citizens Property Insurance Corporation as 
     provided by law; and
       Whereas, the levy of such assessments was made necessary by 
     the unprecedented and widespread damage and destruction 
     caused to homes by hurricanes Katrina and Rita; and
       Whereas, the assessments on all homeowners were necessary 
     for them to provide protection and coverage for their 
     neighbors; and
       Whereas, the Internal Revenue Service is threatening to 
     force these already burdened citizens to report the amounts 
     received as credits as income for federal tax purposes, 
     raising the possibility that they will likely owe significant 
     federal taxes. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the commissioner of the Internal Revenue Service and the 
     Congress of the United States to take every action to provide 
     that the amounts received by Louisiana homeowners to offset 
     Louisiana Citizens Property Insurance Assessments on their 
     homeowner's insurance premiums because of the unprecedented 
     damage and destruction of homes in the recent hurricanes 
     shall not be considered as income for federal tax purposes. 
     Be it Further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the commissioner of the Internal Revenue 
     Service, 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-331. A resolution adopted by the Legislature of the 
     State of New York urging the New York State Congressional 
     delegation to oppose S. 40/H.R. 3200; to the Committee on 
     Banking, Housing, and Urban Affairs.

[[Page 7109]]



                    Legislative Resolution No. 4858

       Whereas, regulation, oversight, and consumer protection 
     have traditionally and historically been powers reserved to 
     state governments under the McCarran-Ferguson Act of 1945; 
     and
       Whereas, state legislatures are more responsive to the 
     needs of their constituents and the need for insurance 
     products and regulation to meet their state's unique market 
     demands; and
       Whereas, many states, including New York, have recently 
     enacted and amended state insurance laws to modernize market 
     regulation and provide insurers with greater ability to 
     respond to changes in market conditions; and
       Whereas, state legislatures, the National Conference of 
     Insurance Legislators (NCOIL), the National Association of 
     Insurance Commissioners (NAIC), and the National Conference 
     of State Legislatures (NCSL) continue to address uniformity 
     issues between states by the adoption of model laws that 
     address market conduct, product approval, agent and company 
     licensing, and rate deregulation; and
       Whereas, initiatives are being contemplated by certain 
     members of the United States Congress that have the potential 
     to destroy the state system of insurance regulation and 
     create an unwieldy and inaccessible federal bureaucracy--all 
     without consumer and constituent demand; and
       Whereas, such initiatives include S. 40/H.R. 3200--the 
     National Insurance Act of 2007--proposed optional federal 
     charter legislation that would bifurcate insurance regulation 
     and result in a quagmire of federal and state directives that 
     would promote ambiguity and confusion; and
       Whereas, S. 40/H.R. 3200 would allow companies to opt out 
     of state insurance regulatory oversight and evade important 
     state consumer protections; and
       Whereas, the mechanism set up under S. 40/H.R. 3200 does 
     not, and cannot by its very nature, respond, as state 
     regulation does, to states' individual and unique insurance 
     markets and constituent concerns; and
       Whereas, S. 40/H.R. 3200 has the potential to compromise 
     state guaranty fund coverage, and employers could end up 
     absorbing losses otherwise covered by these safety nets for 
     businesses affected by insolvencies; and
       Whereas, S. 40/H.R. 3200 would ultimately impose the costs 
     of a new and needless federal bureaucracy upon businesses and 
     the public; and
       Whereas, many state governments derive general revenue 
     dollars from the regulation of the business of insurance, 
     including nearly $14 billion in premium taxes generated in 
     2006; in fiscal year 2005-06, insurance taxes generated $987 
     million in the State of New York: Now, therefore, be it
       Resolved, That the Congress of the United States be and 
     hereby is respectfully memorialized by this Legislative Body 
     to express its strong opposition to S. 40/H.R. 3200 and any 
     other such federal legislation that would threaten the power 
     of state legislatures, governors, insurance commissioners, 
     and attorneys general to oversee, regulate, and investigate 
     the business of insurance, and to protect consumers; 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-332. A joint resolution adopted by the Legislature of 
     the State of Idaho urging Congress to take action to help 
     stop children and employees from accessing Internet 
     pornography; to the Committee on Commerce, Science, and 
     Transportation.

                       House Joint Memorial No. 7

        Whereas, the Internet has been an extremely important 
     means of exchanging information, and is relied upon in Idaho 
     for business, education, recreation and other uses; and
       Whereas, many Internet sites contain material that is 
     pornographic, either obscene or inappropriate for children, 
     and a majority of these sites originate within the United 
     States but outside of the state of Idaho; and
       Whereas, the availability of Internet pornography on the 
     job costs Idaho employers significant numbers of work hours, 
     strains employers' computer equipment, reduces productivity 
     and leads to potentially hostile work environments for men 
     and women; and
       Whereas, while the custody, care and nurturing of children 
     resides primarily with parents, the widespread availability 
     of Internet pornography and the ability of children to 
     circumvent existing filtering technology defeat the best 
     attempts at parental supervision or control; and
       Whereas, Internet pornographers are using evolving 
     techniques to lure Idaho children and others into viewing and 
     purchasing pornographic material, defying existing technology 
     designed to block adult content; and
       Whereas, current methods for protecting computers and 
     computer networks from unwanted Internet content are 
     expensive, block more than the intended content and are 
     easily circumvented; and
       Whereas, because children, employees and others may seek 
     out pornography, warnings and other labels meant to help 
     avoid inadvertent hits on pornographic sites may simply 
     increase the likelihood that these sites will be visited; and
       Whereas, credit card verification systems burden credit 
     card companies, are expensive and time consuming to establish 
     and maintain and these systems inhibit legal speech, and 
     other forms of age verification have not been practicable; 
     and
       Whereas, prior congressional attempts to address children's 
     access to Internet pornography have been held 
     unconstitutional or otherwise have not passed constitutional 
     scrutiny and have not been based on technology that allows 
     individual Internet users to select what kind of Internet 
     content enters their homes and workplaces; and
       Whereas, protecting the physical and psychological well-
     being of Idaho's children by shielding them from 
     inappropriate materials is a compelling interest of the 
     Legislature of the State of Idaho; and
       Whereas, although the state of Idaho has taken rigorous 
     action in an attempt to shield Idaho's children from 
     obscenity and other inappropriate adult content, it cannot 
     effectively curb the programs with Internet pornography 
     within its borders without the support of the United States 
     government; and
       Whereas, the United States remains in control of the 
     Internet through the Department of Commerce and the National 
     Telecommunications and Information Association; and
       Whereas, the United States has the ability to create 
     appropriate policies and enforcement tools to effectively 
     deal with these issues: Now, therefore, be it
       Resolved, by the members of the Second Regular Session of 
     the Fifty-ninth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that we 
     strongly urge the United States Congress to take action to 
     help stop children and employees from accessing Internet 
     pornography and that legislation be enacted to facilitate a 
     technology-based solution that allows parents and employers 
     to subscribe to Internet access services that exclude adult 
     content. Be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     State of Idaho in the Congress of the United States.
                                  ____

       POM-333. A resolution adopted by the Senate of the State of 
     New Jersey urging Congress to enact legislation concerning 
     public disclosure of companies outsourcing jobs; to the 
     Committee on Commerce, Science, and Transportation.

                        Senate Resolution No. 24

       Whereas, in recent years, a number of companies have 
     replaced highly-skilled workers from New Jersey with lower-
     paid, foreign laborers, in a practice known as outsourcing; 
     and
       Whereas, these outsourcing trends coincide with the U.S. 
     job market's longest slump since the 1930s; and
       Whereas, many white-collar occupations, including 
     technology and computer specialists, financial analysts, 
     accountants, office support, and call-center employees are 
     among the most vulnerable to outsourcing; and
       Whereas, the preservation of jobs in New Jersey is of 
     critical importance to the economic well-being of the State; 
     and
       Whereas, the economic dislocation caused by a company 
     outsourcing jobs threatens the health, safety, and welfare of 
     the people in this State; and
       Whereas, Forrester Research, Inc. predicts that 3.3 million 
     U.S. jobs will be sent offshore by 2015, accounting for 2 
     percent of the entire workforce and $136 billion in wages; 
     and
       Whereas, numerous citizens in the State of New Jersey are 
     unaware that in many circumstances they are not conducting 
     business with a U.S. company but are communicating with a 
     third-party contractor in another country via telephone or 
     Internet; and
       Whereas, a public list disclosing companies which outsource 
     or are planning to outsource, would help provide a public 
     awareness to discourage outsourcing practices and enable 
     local and state governments to prepare incentives for 
     companies to retain essential U.S. jobs, now, therefore, be 
     it
       Resolved, by the Senate of the State of New Jersey:
       1. The Congress of the United States is respectfully 
     memorialized to enact legislation requiring annual 
     publication of a list disclosing companies planning or 
     currently in the practice of outsourcing U.S. jobs to other 
     countries.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the presiding officers of 
     the United States Senate and the House of Representatives, 
     and to each member of Congress elected from the State of New 
     Jersey.

                               S. Res. 24

       This resolution memorializes Congress to enact legislation 
     requiring annual publication of a list disclosing companies 
     planning or currently in the practice of outsourcing U.S. 
     jobs to other countries.

[[Page 7110]]

       A large number of companies across the nation and in New 
     Jersey have replaced highly skilled and educated workers with 
     lower-paid, foreign laborers. This practice is referred to as 
     ``outsourcing'' or ``offshoring.'' Outsourcing U.S. jobs is 
     growing at an alarming rate. Forrester Research, Inc. 
     predicts that 3.3 million U.S. jobs will be sent offshore by 
     2015. The federal government does not maintain a list of 
     companies that currently, or plan to, outsource jobs to other 
     countries. Enacting legislation requiring publication of such 
     a list not only raises public awareness, but also allows 
     state and local governments to prepare initiatives targeted 
     to keep companies from outsourcing critical U.S. jobs.
                                  ____

       POM-334. A resolution adopted by the Senate of the State of 
     New Jersey urging the establishment of a funding program for 
     local communities establishing ``quiet zones'' along certain 
     light rail lines; to the Committee on Commerce, Science, and 
     Transportation.

                        Senate Resolution No. 13

       Whereas, the Federal Railroad Administration (FRA) in the 
     United States Department of Transportation published a final 
     rule on April 27, 2005, which was subsequently amended on 
     August 17, 2006, concerning the use of locomotive horns at 
     highway-rail grade crossings; and
       Whereas, the final amended rule requires that locomotive 
     horns be sounded at every public highway-rail grade crossing, 
     with certain exceptions, including those areas designated 
     ``quiet zones''; and
       Whereas, certain light rail lines which operate on railroad 
     freight tracks, such as the River LINE in southern New 
     Jersey, must comply with the stringent requirements of the 
     FRA regarding the establishment of ``quiet zones'' by 
     implementing supplementary safety measures, such as the 
     installation of four-quadrant gates and lights at all public 
     crossings, and conduct a diagnostic team review, which may 
     involve the expenditure of hundreds of thousands of dollars 
     by local communities for the safety equipment and engineering 
     studies required to qualify for a ``quiet zone'' designation; 
     and
       Whereas, the cost of these measures must be undertaken by 
     local communities, rather than the State, without any funds 
     specifically provided for this purpose by the federal 
     government; and
       Whereas, it is in the public interest for the Government of 
     the United States to establish a funding program to defray 
     the costs incurred by local communities to establish ``quiet 
     zones'' along these light rail lines: Now, therefore, be it
       Resolved, by the Senate of the State of New Jersey:
       1. This House respectfully requests the Government of the 
     United States to establish a funding program to defray the 
     safety equipment and engineering costs incurred by local 
     communities to establish ``quiet zones'' along light rail 
     lines operating on railroad freight tracks.
       2. Duly authenticated copies of this resolution, signed by 
     the President of the Senate and attested by the Secretary 
     thereof, shall be transmitted to the Vice-President of the 
     United States, the Speaker of the United States House of 
     Representatives, every member of Congress elected from this 
     State, the Secretary of Transportation of the United States 
     and the Administrator of the Federal Railroad Administration 
     in the United States Department of Transportation.
                                  ____

       POM-335. A concurrent resolution adopted by the Senate of 
     the State of Mississippi urging Congress to support passage 
     of the Secure Rural Schools and Community Self-Determination 
     Act; to the Committee on Energy and Natural Resources.

                    Senate Concurrent Resolution 556

       Whereas, in December 2000, the Secure Rural Schools and 
     Community Self-Determination Act, a Federal act, was signed 
     into law; and
       Whereas, the Secure Rural Schools and Community Self-
     Determination Act provides federal funds to counties and 
     school districts with national forest lands located within 
     the county boundaries; and
       Whereas, 33 counties have substantial tracts of land in 
     public ownership which can neither be developed nor taxed to 
     generate revenue from economic activity or taxation; and
       Whereas, these counties have United States National Forests 
     within its boundaries and have received critical funds for 
     roads and schools based on revenues generated from these 
     forests; and
       Whereas, the payments provided to these counties have been 
     a consistent and necessary source of funding for the schools, 
     teachers and students; and
       Whereas, in December 2007, the United States Congress 
     removed the reauthorization of the Secure Rural Schools and 
     Community Self-Determination Act from the Energy Legislation 
     to which it was attached. This legislation was subsequently 
     passed and signed into law without reauthorization for the 
     Secure Rural Schools and Community Self-Determination Act; 
     and
       Whereas, the funding provided through the Secure Rural 
     Schools and Community Self- Determination Act will 
     significantly contribute to the local economy of these 
     counties by providing the necessary funds for schools and 
     roads, which is vital for sustained economic development; and
       Whereas, these counties depend on the funding from the 
     Secure Rural Schools and Community Self-Determination Act and 
     unless the funding is secured through legislation as deemed 
     appropriate by the Mississippi congressional delegation, 
     these counties will lose critical funding that it has 
     received for decades; now, therefore, be it
       Resolved, by the Senate of the State of Mississippi, the 
     House of Representatives concurring therein, That we, the 
     members of the Legislature of the State of Mississippi, 
     respectfully request that the United States Congress pass the 
     Secure Rural Schools and Community Self-Determination Act so 
     that these Mississippi counties may continue to adequately 
     maintain the roads and schools and sustain economic 
     development in the state; and be it further
       Resolved, That the Secretary of the Senate is directed to 
     transmit copies of this resolution to President George W. 
     Bush, the Secretary of the United States Senate, the Clerk of 
     the United States House of Representatives, the Governor of 
     the State of Mississippi, each member of the Mississippi 
     congressional delegation, and that copies be made available 
     to members of the Capitol Press Corps.
                                  ____

       POM-336. A resolution adopted by the California State Lands 
     Commission urging the federal government to adopt policies 
     that address climate change; to the Committee on Environment 
     and Public Works.

                               Resolution

       Whereas, California's 1,100 mile coastline, with its 
     beautiful beaches, wild cliffs, abundant fish stocks and 
     fragile environment is a national treasure and a valuable 
     state resource, which is at the heart of a tourist industry 
     that generates nearly five billion dollars in state and local 
     taxes each year; and is central to the state's forty-six 
     billion dollar ocean economy; and
       Whereas, the California State Lands Commission has 
     jurisdiction over the state-owned tide and submerged lands 
     from the shoreline out three nautical miles into the Pacific 
     Ocean, 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, a common law 
     precept that requires these lands be protected for public use 
     and needs involving commerce by means of navigation, 
     fisheries, water related recreation and environmental 
     protection; and
       Whereas, the impacts of climate change will profoundly 
     affect the public trust values of the lands under the 
     Commission's jurisdiction and the utility of these lands to 
     the public and the environment; and
       Whereas, climate change is expected to cause oceans to rise 
     by 18 to 59 centimeters by the end of this century according 
     to a 2007 report by the United Nations Intergovernmental 
     Panel on Climate Change (some other estimates are higher); 
     and
       Whereas, over the course of the 21st century, temperatures 
     are projected to increase by 3 to 10 degrees Fahrenheit, 
     causing ocean temperature to increase, which could cause more 
     intense storms to hit California; and
       Whereas, these climate change effects would dramatically 
     alter the environment of the California ocean and coast, 
     reducing beaches and wetlands and damaging important 
     infrastructure, including the ports that contribute to 
     California's role in the global economy; and
       Whereas, of the world's annual human generated emissions of 
     greenhouse gases, which are the cause of climate change, 
     California emits 1.4%, and the United States emits almost 
     25%; and
       Whereas, California has taken the lead nationally on the 
     issue of climate change and passed AB 32 in 2006, which 
     requires the California Air Resources Board to adopt 
     regulations by 2011 to reduce greenhouse gas emissions in 
     California to 1990 levels by 2020;
       Whereas, while California has adopted the most innovative 
     and proactive program in the United States for fighting 
     climate change, the federal government has refused to take 
     similar actions to control greenhouse gas emissions and has 
     refused to ratify the Kyoto Treaty, a worldwide agreement to 
     begin to reduce these harmful emissions; and
       Whereas, on December 21, 2005, California displayed its 
     leadership on the issue of climate change when the California 
     Air Resources Board sent a request to the U.S. Environmental 
     Protection Agency (U.S. EPA) for a waiver under the Clean Air 
     Act that would allow California to adopt stricter vehicle 
     greenhouse gas regulations on new vehicles than the 
     regulations imposed by the federal government; and
       Whereas, the Clean Air Act specifically allows California 
     to request a waiver from the national emission standard for 
     new motor vehicle engines and impose stricter emission 
     standards than the federal government; and
       Whereas, Congress granted California the ability to impose 
     stricter emission standards under the Clean Air Act because 
     it recognized the State's unique problems and pioneering 
     efforts with regard to air emissions; and
       Whereas, for the past 30 years the U.S. EPA has granted 
     California more than 40

[[Page 7111]]

     such waivers, while previously denying none; and
       Whereas, on February 29, 2008, the U.S. EPA, for the first 
     time in the history of the Clean Air Act, denied California's 
     December 21, 2005 request to impose stricter emission 
     standard for new motor vehicle engines than those imposed by 
     the federal government; and
       Whereas, the U.S. EPA denied California's request for 
     waiver even though it recognized that ``global climate change 
     is a serious challenge'' and that ``the conditions related to 
     global climate change in California are substantial;'' and 
     therefore be it
       Resolved by the California State Lands Commission, That it 
     encourages the U.S. EPA to reconsider and reverse its 
     February 29, 2008 decision that denied California its request 
     for a waiver under the Clean Air Act and precluded the State 
     from imposing strict vehicle greenhouse gas regulations on 
     new vehicles; and
       Resolved, That the California State Lands Commission 
     strongly supports federal policy making that follows the 
     leadership of California in reducing greenhouse gas emissions 
     to combat the causes of climate change; and be it further
       Resolved, That the Commission's Executive Officer transmit 
     copies of this resolution to the Administrator of the U.S. 
     EPA, 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, and to each Senator and Representative from 
     California in the Congress of the United States.
                                  ____

       POM-337. A resolution adopted by the Legislature of the 
     State of Louisiana urging Congress to take the actions 
     necessary to provide the state of Louisiana with one-hundred-
     year flood protection; to the Committee on Environment and 
     Public Works.

                   House Concurrent Resolution No. 39

       Whereas, in the aftermath of the flooding and devastation 
     caused by Hurricane Betsy in 1965, the Congress promised the 
     citizens of southeast Louisiana Category 3 Hurricane 
     Protection, for which the local citizenry contributed 
     significant cost-share funding; and
       Whereas, the United States Army Corps of Engineers before 
     Hurricane Katrina informed Louisiana that it was protected 
     against a hurricane likely to come no more frequently than 
     once in two hundred years; and
       Whereas, improvements along the entire Mississippi River 
     system, including its tributaries, and the construction of 
     flood protection reservoirs in states more than one thousand 
     miles from the Gulf Coast deprived the Mississippi River of 
     enormous amounts of sediment needed to sustain coastal lands 
     in Louisiana; and
       Whereas, southeast Louisiana has played a major role in the 
     shipping and oil and gas industries, benefitting the quality 
     of life and economy of the nation as a whole; and
       Whereas, the activities of these industries along 
     Louisiana's coast and the construction of the Mississippi 
     River Gulf Outlet, in conjunction with the engineering of the 
     entire Mississippi River system that provided economic 
     benefit and flood protection hundreds of miles upriver from 
     Louisiana which deprived Louisiana of the natural load of 
     sediment, has led directly to the disappearance of two 
     thousand one hundred square miles of Louisiana's coastal 
     lands; and
       Whereas, these benefits to the rest of the nation have 
     substantially reduced natural barriers to storm surge and 
     thus enormously increased the vulnerability of Louisiana to 
     hurricanes far beyond what it would otherwise be; and
       Whereas, on August 29, 2005, Hurricane Katrina devastated 
     southeast Louisiana by overtopping levees and breaching 
     floodwalls, with high winds, torrential rains, and flooding 
     causing catastrophic damage to public and private properties 
     in southeast Louisiana, severely impacting the population, 
     local economy, and tax base of these parishes, and reducing 
     the funding capabilities of their respective levee districts; 
     and
       Whereas, true one-hundred-year protection for southeast 
     Louisiana must be approached from a regional perspective with 
     a contiguous system that eliminates all gaps; and
       Whereas, in the aftermath of Hurricane Katrina, one-
     hundred-year protection for southeast Louisiana was 
     reevaluated by the United States Army Corps of Engineers and 
     approved by Congress; however, the current local cost-share 
     requirement for this protection is estimated to be a minimum 
     of one billion six hundred million dollars for southeast 
     Louisiana, and without payment of this substantial sum, this 
     much-needed protection will not be constructed or will be 
     substantially delayed, jeopardizing the safety and property 
     of the people of southeast Louisiana; and
       Whereas, since much of southeast Louisiana is still 
     rebuilding and attempting to bring in new development, 
     intervention is required on the federal level to address 
     local cost-share and other local responsibilities in order to 
     construct this much-needed protection; and
       Whereas, the secretary of the United States Army Corps of 
     Engineers has the discretion to allow local cost share to be 
     paid over a thirty-year period, and this discretion has been 
     applied in situations not as exigent as Louisiana's 
     situation. Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States and the 
     Louisiana congressional delegation to take such actions as 
     are necessary to appropriate one hundred percent federal 
     share for one-hundred-year flood protection for southeast 
     Louisiana. Be it further
       Resolved, That in the event one hundred percent federal 
     cost participation is not authorized, the Congress is hereby 
     urged and requested to take the following actions:
       (1) Authorize one-hundred-year flood protection for 
     southeast Louisiana at no greater than historic share 
     percentages.
       (2) Authorize local cost-share participation to be paid 
     over a thirty-year period.
       (3) Authorize credit for past contributions.
       (4) Authorize credit for operations and maintenance 
     expenses paid by local government prior to completion of 
     projects by the United States Army Corps of Engineers.
       (5) Authorize credit to local levee districts at fair 
     market value for borrow materials provided to the United 
     States Army Corps of Engineers; 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-338. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging Congress to appropriate 
     sufficient funds to construct one-hundred-year flood 
     protection for southeast Louisiana; to the Committee on 
     Environment and Public Works.

                   House Concurrent Resolution No. 22

       Whereas, in the aftermath of the flooding and devastation 
     caused by Hurricane Betsy in 1965, the Congress of the United 
     States promised the citizens of southeast Louisiana that they 
     would have Category 3 hurricane protection, for which the 
     local citizenry contributed significant cost-share funding; 
     and
       Whereas, the United States Army Corps of Engineers before 
     Hurricane Katrina informed Louisiana that it was protected 
     against a hurricane likely to come no more frequently than 
     once in two hundred years; and
       Whereas, levee improvements along the entire Mississippi 
     River system, including its tributaries, and the construction 
     of flood protection reservoirs in states more than one 
     thousand miles from the Gulf Coast deprived the Mississippi 
     River of enormous amounts of sediment needed to sustain 
     coastal lands in Louisiana; and
       Whereas, southeast Louisiana has played a major role in the 
     shipping and oil and gas industries which provide benefits to 
     enhance the quality of life and the stability of the economy 
     of the nation as a whole; and
       Whereas, the activities of these industries along 
     Louisiana's coast in addition to the construction of the 
     Mississippi River Gulf Outlet, in conjunction with the 
     engineering of the entire Mississippi River, have led 
     directly to the disappearance of well over two thousand one 
     hundred square miles of Louisiana's coastal lands; and
       Whereas, the benefits that have been derived by the rest of 
     the nation from Louisiana's working coast and waterways have, 
     in turn, substantially reduced Louisiana's natural barriers 
     to storm surge and thus enormously increased the state's 
     vulnerability to the impacts from hurricanes far beyond what 
     it would otherwise have been; and
       Whereas, on August 29, 2005, Hurricane Katrina devastated 
     southeast Louisiana with high winds, torrential rains, and 
     flooding which caused the overtopping of levees and breaching 
     of floodwalls, causing catastrophic damage to public and 
     private properties throughout southeast Louisiana, severely 
     impacting the population, the local economy, and the tax base 
     of these parishes, reducing the level of revenue collected by 
     their respective levee districts; and
       Whereas, true one-hundred-year protection for southeast 
     Louisiana must be approached from a regional perspective with 
     a contiguous system that eliminates all gaps; and
       Whereas, in the aftermath of Hurricane Katrina, one-
     hundred-year flood and hurricane protection for southeast 
     Louisiana was reevaluated by the United States Army Corps of 
     Engineers and approved by Congress; however, the current 
     local cost-share requirement for this protection is estimated 
     to be a minimum of one billion six hundred million dollars 
     for just the projects in southeast Louisiana, and without 
     payment of this substantial sum this much-needed protection 
     will not be constructed or will be substantially delayed, 
     jeopardizing the safety and property of the people of 
     southeast Louisiana; and
       Whereas, since much of southeast Louisiana is still 
     rebuilding and attempting to bring in new development, 
     intervention is required on the federal level to address 
     local cost-share and other local responsibilities in order to 
     construct this much-needed protection; and
       Whereas, the secretary of the Army has the discretion to 
     allow local cost-share to be paid over a thirty-year period, 
     and this discretion has been applied in situations not as 
     exigent as Louisiana's: Now, therefore, be it

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       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States and Louisiana's 
     congressional delegation to ensure the appropriation of a one 
     hundred percent federal share for one-hundred-year flood 
     protection for southeast Louisiana; and be it further
       Resolved, That in the event one hundred percent federal 
     cost participation is not authorized, the Congress of the 
     United States is hereby requested and urged to take the 
     following actions:
       (1) Authorize one-hundred-year flood protection for 
     southeast Louisiana at a historic share percentage.
       (2) Authorize that local cost-share participation may be 
     paid over a thirty-year period.
       (3) Authorize match credit for past expenditures and 
     construction.
       (4) Authorize cost-share credit for operations and 
     maintenance expenses paid by local government prior to 
     completion of projects by the United States Army Corps of 
     Engineers.
       (5) Authorize cost-share credit to local levee districts at 
     fair market value for borrowed materials provided to the 
     Corps; 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.

                          ____________________