[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17210-17212]
[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-53. A joint resolution adopted by the General Assembly 
     of the State of Tennessee urging Congress to extend the 
     deadlines for all phases of the states' implementation of the 
     REAL ID Act for at least an additional 2 years, or 
     preferably, repeal the REAL ID Act of 2005 in its entirety; 
     to the Committee on the Judiciary.

                     House Joint Resolution No. 285

       Whereas, the federal REAL ID Act of 2005, Public Law 109-
     12, creates a national identification card by mandating 
     federal standards for state driver's licenses and 
     identification cards and requires states to share their motor 
     vehicle databases; and
       Whereas, the REAL ID Act mandates the documents that states 
     must require to issue driver's licenses and requires states 
     to place uniform information on every driver's license in a 
     standard, machine-readable format; and
       Whereas, the REAL ID Act requires the creation of a massive 
     public sector database containing information on every 
     American that is accessible to all motor vehicle employees 
     and law enforcement officers nationwide and that can be used 
     to gather and manage information on citizens; and
       Whereas, in addition to being terrible public policy, the 
     REAL ID Act places a costly, unfunded mandate on states, with 
     initial estimates for Tennessee of more than one hundred 
     million dollars, plus the additional burden of millions of 
     taxpayers dollars in ongoing annual expenses, and a national 
     estimate

[[Page 17211]]

     of more than eleven billion dollars over the five years 
     following its implementation; and
       Whereas, in these dire economic times, the massive costs 
     that will be incurred by Tennessee, and other states, in 
     implementing the REAL ID Act are especially onerous; and
       Whereas, by December 1, 2014, Americans who are fifty (50) 
     years of age and younger will be required to present REAL ID-
     compliant identification to board commercial aircraft and to 
     access certain federal facilities; by December 1, 2017, all 
     state-issued driver's licenses and identification cards must 
     be REAL ID-compliant; and
       Whereas, the deadline for the initial implementation of the 
     REAL ID Act has already been extended for all fifty (50) 
     states from May 11, 2008 until December 31, 2009: Now, 
     therefore, be it
       Resolved by the House of Representatives of the One Hundred 
     Sixth General Assembly of the State of Tennessee, the Senate 
     Concurring, That in light of the recessionary nature of our 
     economy at this time and the many budgetary hardships being 
     faced by state governments, this General Assembly hereby 
     memorializes the United States Congress to extend the 
     deadlines for all phases of the states' implementation of the 
     REAL ID Act for at least an additional two (2) years, or 
     preferably, repeal the REAL ID Act of 2005 in its entirety. 
     Be it further
       Resolved, That we strongly urge and encourage each member 
     of Tennessee's delegation to the U.S. Congress to exert the 
     full measure of his or her influence to accomplish the 
     actions delineated in the first resolving clause. Be it 
     further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the Speaker and the Clerk of the United States 
     House of Representatives, the President and the Secretary of 
     the United States Senate, and each member of Tennessee's 
     Congressional delegation.
                                  ____

       POM-54. A resolution adopted by the Senate of the State of 
     Louisiana urging Congress to take actions as are necessary to 
     create a national catastrophe fund; to the Committee on 
     Homeland Security and Governmental Affairs.

                        Senate Resolution No. 86

       Whereas, the hurricane seasons of 2004, 2005, and 2008 were 
     startling reminders of both the human and economic 
     devastation that hurricanes, flooding, and other natural 
     disasters can cause; and
       Whereas, creation of a federal catastrophe fund is a 
     comprehensive, integrated approach to help better prepare and 
     protect the nation from natural catastrophes, such as 
     hurricanes, tornadoes, wildfires, snowstorms, and 
     earthquakes; and
       Whereas, the current system of responses to catastrophes 
     leaves many people and businesses at risk of being unable to 
     replace what they lost, wastes tax dollars, increases 
     insurance premiums, and leads to shortages of insurance 
     needed to sustain our economy; and
       Whereas, creation of a federal catastrophe fund would help 
     stabilize insurance markets following a catastrophe and help 
     stabilize insurance costs for consumers while making it 
     possible for private insurance to be written in catastrophe-
     prone areas; and
       Whereas, a portion of the premium collected by insurance 
     companies could be deposited into such a fund which could be 
     administered by the United States Treasury and grow tax free; 
     and
       Whereas, a portion of the interest earnings of the fund 
     could be dedicated to emergency responder efforts and public 
     education and mitigation programs; and
       Whereas, the federal catastrophe fund would operate as a 
     ``backstop'' and could only be accessed when private insurers 
     and state catastrophe funds have paid losses in excess of a 
     defined threshold; and
       Whereas, utilizing the capacity of the federal government 
     would help smooth fluctuations which consumers currently 
     experience in insurance prices and availability because of 
     exposure to large catastrophic losses and would provide 
     better protection at a lower price; and
       Whereas, when there is a gap between the insurance 
     protection consumers buy and the damage caused by a 
     catastrophe, taxpayers across the country pay much of the 
     difference, as congressional appropriations of billions for 
     the after-the-fact disaster relief in the aftermath of 
     Hurricane Katrina demonstrated; and
       Whereas, on November 8, 2007, the United States House of 
     Representatives passed the Homeowners' Defense Act of 2007 
     (H.R. 3355) that would help ensure that individuals and 
     communities destroyed by natural catastrophes have the 
     resources necessary to repair, rebuild, and recover in the 
     aftermath of massive hurricanes, earthquakes, or other 
     natural events; and
       Whereas, the Homeowners' Defense Act of 2007 was sponsored 
     by Florida Representatives Ron Klein, Tim Mahoney, and Ginny 
     Brown-Waite and nearly four dozen cosponsors from around the 
     country including then Congressman Bobby Jindal, now governor 
     of the state of Louisiana; and
       Whereas, President Barack Obama and members of both 
     political parties have expressed support for a national 
     catastrophe fund. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to take actions as are 
     necessary to create a national catastrophe fund. 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-55. A resolution adopted by the Senate of the State of 
     Louisiana urging Congress to address the issue of global 
     climate change through the adoption of a fair and effective 
     approach that safeguards American jobs, ensures affordable 
     energy for citizens, and maintains America's global 
     competitiveness; to the Committee on Environment and Public 
     Works.

                        Senate Resolution No. 91

       Whereas, there is some scientific belief that greenhouse 
     gases could impact the atmosphere; and
       Whereas, the greenhouse gas emissions of developing 
     countries are rising more rapidly than the emissions of the 
     United States and have surpassed the greenhouse gas emissions 
     of the United States and other developed countries; and
       Whereas, the state of Louisiana accounts for only 0.48 
     percent of total global greenhouse gas emissions; and
       Whereas, any system to regulate greenhouse gas emissions 
     must not eliminate American jobs or diminish the ability of 
     American industry to compete in the global marketplace; and
       Whereas, any system to regulate greenhouse gas emissions 
     must not add to the already high costs of power and gasoline; 
     and
       Whereas, any system to regulate greenhouse gas emissions 
     must reward, and not punish, early adopters of energy 
     efficient technologies and practice; and
       Whereas, any system to regulate greenhouse gas emissions 
     must adopt an international component to prevent ``emissions 
     leakage'' and ensure that emissions do not simply migrate to 
     another nation; and
       Whereas, the only manner to quantify these emissions is 
     through a domestic and international greenhouse gas emissions 
     registry that is uniform, transparent, and verifiable; and
       Whereas, any system to regulate greenhouse gases must 
     ensure that the adopted regime does not result in the off-
     shoring of international trade sensitive industries; and
       Whereas, the state of Louisiana has lost over thirty 
     thousand one hundred manufacturing jobs since 1998, which is 
     a sixteen percent decrease; and
       Whereas, any system to regulate greenhouse gas emissions 
     must ensure the availability of sufficient and affordable 
     energy, including clean energy, before restricting emissions 
     in a manner that could reduce the volume of energy available 
     to consumers; and
       Whereas, any system to regulate greenhouse gas emissions 
     must provide credits or allowances to support operations, 
     such as recycling and other practices, that reduce greenhouse 
     gas emissions; and
       Whereas, any action taken by Congress should be structured 
     to:
       (1) Promote American jobs;
       (2) Save American citizens and industry from higher energy 
     prices;
       (3) Reward early adopters of efficient practices and 
     technologies;
       (4) Prevent ``emissions leakage''; and
       (5) Champion the global competitiveness of American 
     industry. Therefore, be it
       Resolved That the Senate of the Legislature of Louisiana 
     memorializes the Congress of the United States to address the 
     issue of global climate change through the adoption of a fair 
     and effective approach that safeguards American jobs, ensures 
     affordable energy for citizens, and maintains America's 
     global competitiveness. 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
                                  ____

       POM-56. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to enact legislation 
     to prohibit fetal torture and dismemberment; to the Committee 
     on the Judiciary.

                  Senate Concurrent Resolution No. 101

       Whereas, the United States has ratified the United Nations 
     Convention Against Torture, and Other Cruel, Inhuman, or 
     Degrading Treatment or Punishment which recognizes that equal 
     and inalienable rights are afforded to all members of the 
     human family, and are derived from the inherent dignity of 
     the human person; and
       Whereas, the United Nations Convention Against Torture, and 
     Other Cruel, Inhuman, or Degrading Treatment or Punishment 
     defines torture as any act causing severe pain or suffering, 
     whether physical or mental; and
       Whereas, Article 5 of the Universal Declaration of Human 
     Rights and Article 7 of the International Covenant on Civil 
     and Political Rights, provide that no one may be subjected to 
     torture or to cruel, inhuman or degrading treatment or 
     punishment; and

[[Page 17212]]

       Whereas, the Declaration of Independence of the United 
     States of America affirms, ``We hold these truths to be self-
     evident, that all men are created equal, that they are 
     endowed by their Creator with certain unalienable Rights, 
     that among these are Life, Liberty and the pursuit of 
     Happiness.--That to secure these rights, Governments are 
     instituted among Men, deriving their just power from the 
     consent of the governed . . . ''; and
       Whereas, Amendment No. 5 to the Constitution of the United 
     States provides that no person shall be `` . . . deprived of 
     life, liberty, or property, without due process of law . . . 
     ''; and
       Whereas, Amendment No. 8 of the federal constitution 
     prohibits the infliction of `` . . . cruel and unusual 
     punishments . . . ''; and
       Whereas, President Obama has issued executive orders to 
     close secret prisons operated by the Central Intelligence 
     Agency and shut down the Guantanamo Bay detention camp, and 
     he has declared that the United States will not use torture 
     in pursuit of intelligence, announcing, ``We must leave these 
     methods where they belong--in the past. They are not who we 
     are. They are not America.''; and
       Whereas, in President Barack Obama's speech on detainee 
     policy and national security at the National Archives Museum, 
     he stated, ``I can stand here today, as President of the 
     United States, and say without exception or equivocation that 
     we do not torture. . . . And if we cannot stand for those 
     core values, then we are not keeping faith with the documents 
     that are enshrined in this hall''; and
       Whereas, President Obama has acknowledged that in our world 
     ``the strong too often dominate the weak'' and ``find all 
     manner of justification'' for injustice and he has talked 
     about health policies grounded ``not only in sound science'' 
     but in ``clear ethics'' as well; and
       Whereas, the Partial Birth Abortion Act of 2003 does not 
     outlaw the fetal dismemberment procedure to terminate a 
     pregnancy, which causes similar pain and suffering to the 
     fetus, allowing for torture and dismemberment; and
       Whereas, at least by twenty weeks after fertilization, an 
     unborn child has the physical structures necessary to 
     experience pain; and
       Whereas, there is substantial evidence that by twenty weeks 
     after fertilization, unborn children draw away from certain 
     stimuli in a manner which in an infant or an adult would be 
     interpreted as a response to pain; and
       Whereas, expert testimony confirms that by twenty weeks 
     after fertilization an unborn child may experience 
     substantial pain even if the woman herself has received local 
     analgesic or general anesthesia; and
       Whereas, anesthesia is routinely administered to unborn 
     children who have developed twenty weeks or more after 
     fertilization who undergo prenatal surgery; and
       Whereas, there is substantial evidence that the method to 
     terminate pregnancy most commonly used twenty weeks or more 
     after fertilization cause substantial pain to an unborn 
     child, whether by dismemberment, poisoning, penetrating or 
     crushing the skull, or other methods including, but are not 
     limited to, the dilation and evacuation (D and E) method 
     which is commonly performed in the second trimester of 
     pregnancy, in which the unborn child's body parts are grasped 
     with a long-toothed clamp, the fetal body parts are then torn 
     from the body and pulled out of the vaginal canal, the 
     remaining body parts are grasped and pulled out until only 
     the head remains, and the head is then grasped and crushed in 
     order to remove it from the vaginal canal; and
       Whereas, partial-birth abortion is a termination of 
     pregnancy in which the practitioner delivers an unborn 
     child's body until only the head remains inside the womb, 
     punctures the back of the child's skull with a sharp 
     instrument, and sucks the child's brains out before 
     completing the delivery of the dead infant, and as further 
     defined in federal law; and
       Whereas, there is a valid federal government interest in 
     preventing or reducing the infliction of pain on sentient 
     creatures with examples being laws governing the use of 
     laboratory animals and requiring pain-free methods of 
     slaughtering livestock; and
       Whereas, there is a valid federal government interest in 
     preventing harm to developing human life at all stages and 
     examples of this include regulations protecting fetal human 
     subjects from risks of ``harm or discomfort'' in federally 
     funded biomedical research. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes a 
     the Congress of the United States to enact legislation to 
     prohibit fetal torture and dismemberment. 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-57. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to enact legislation 
     and appropriate monies in order to provide additional 
     homeland security funding for state maritime enforcement 
     agencies; to the Committee on Commerce, Science, and 
     Transportation.

                  Senate Concurrent Resolution No. 82

       Whereas, before, during and after the events of September 
     11, 2001, state maritime enforcement agencies have assisted 
     the United States Coast Guard in its maritime and port 
     homeland security mission; and
       Whereas, some of the state maritime enforcement agencies 
     have entered into enforcement agreements with the United 
     States Coast Guard to support the security of our nation's 
     ports and waterways; and
       Whereas, these enforcement agreements strengthen the close 
     interagency and working relationships between the state 
     maritime enforcement agencies and the United States Coast 
     Guard, and take a major step forward in the creation of a 
     seamless national maritime security blanket; and
       Whereas, the supportive role that state maritime 
     enforcement agencies have performed and continue to perform 
     with the United States Coast Guard and other federal agencies 
     is currently funded solely by state monies; and
       Whereas, federal legislation and appropriation that 
     provides additional homeland security funding for state 
     maritime enforcement agencies should allow such monies to be 
     used to pay for personnel overtime, use of existing 
     equipment, maintenance and replacement of equipment, fuel, 
     and training; and
       Whereas, by adding to the current state-directed homeland 
     security program funding and allowing the United States Coast 
     Guard to administer a partnership program with state maritime 
     enforcement agencies, such additional homeland security 
     funding will help mitigate funding and security gas in 
     national maritime security; and
       Whereas, despite the lack of financial support from the 
     federal government, state maritime enforcement agencies are 
     tasked with assignments outside of their core missions in 
     order to ensure the safety and security of the United States 
     of America. Therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to enact legislation and 
     appropriate monies in order to provide additional homeland 
     security funding for state maritime enforcement agencies. 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, to 
     each member of the Louisiana delegation to the United States 
     Congress, to the secretary of the United States Department of 
     Homeland Security, to the commandant of the United States 
     Coast Guard, to the secretary of the Louisiana Department of 
     Wildlife and Fisheries, to Louisiana's state boating law 
     administrator, and to the president of the National 
     Association of State Boating Law Administrators.

                          ____________________