Wednesday, November 6, 2024

June 4, 2012 sees Congressional Record publish “PETITIONS AND MEMORIALS”

Volume 158, No. 82 covering the 2nd Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“PETITIONS AND MEMORIALS” mentioning the Environmental Protection Agency was published in the Senate section on pages S3684-S3688 on June 4, 2012.

The publication is reproduced in full below:

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 90. A joint Memorial adopted by the Legislature of the State of Idaho urging the President and Congress to award the Medal of honor to an Idaho native and Army veteran; to the Committee on Armed Services.

House Joint Memorial No. 7

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the Second Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that:

Whereas, on May 15, 2005, Idaho native Army Sergeant Chris Tschida and the three crew members of his tank were patrolling route ``Michigan'' between Ramadi and Fallujah in the Al Anbar Province of Iraq while conducting operations under Operation Iraqi Freedom; and

Whereas, Sgt. Tschida, along with his loader, were standing watch in the gun turret, watching for enemy activity while the tank driver and a Lieutenant were inside the tank preparing for a mission later that night. The loader shifted his body and accidentally knocked his water bottle down inside the tank and while lowering himself inside the tank to pick up the water, an insurgent used the opportunity to attack by throwing two enemy grenades inside the tank; and

Whereas, Sgt. Tschida could hear the grenades fall in the tank and instantly found one, yelling ``grenade!'' to his crew members while retrieving one grenade to put into the tank's breach to absorb the blast. In this process, the grenade exploded and amputated Sgt. Tschida's left hand. Moments later the second grenade exploded inside the tank, severely wounding Sgt. Tschida and two of the other crew members; and

Whereas, still conscious, Sgt. Tschida began assessing the damage inside the tank, but was unable to see because of the smoke and fire caused by the grenade. Sgt. Tschida attempted to key the microphone on his radio to call for support and report the enemy attack when he noticed his left hand was missing. Sgt. Tschida wrapped the stump of his hand into his shirt and began checking the status of his tank and fellow soldiers. At first glance Sgt. Tschida saw his Lieutenant slumped over and unconscious with his head resting on the .50 caliber sight. The Lieutenant was bleeding heavily from his eye socket and appeared to be dead; and

Whereas, Sgt. Tschida then noticed his loader, hanging half-way out of the tank's turret, missing both legs from the knees down. Sgt. Tschida shook his Lieutenant to see if he was alive, at which time the Lieutenant let out a gasp of air that confirmed he was not dead; and

Whereas, an evaluation of the tank also confirmed the ammunition bay had been busted open from the grenade blast and the tank ammunition was at risk of catching fire and exploding. Knowing he and his fellow soldiers were not safe inside the tank, Sgt. Tschida pulled himself out of the hatch and then began pulling his loader out of the tank. Once his loader was safely out of the tank, Sgt. Tschida began pulling his Lieutenant out of the commander's hatch of the tank. Once both soldiers were safely out of the tank, Sgt. Tschida began administering first aid by tying a tourniquet on both of the loader' s legs and by stuffing a field bandage inside of the eye socket of the Lieutenant to stop the bleeding from his head; and

Whereas, while caring for both soldiers, Sgt. Tschida did a security check of his area. At this time an enemy insurgent, believed to be the one who attacked Sgt. Tschida' s tank, engaged Sgt. Tschida while he was administering first aid to his fellow soldiers. Sgt. Tschida was able to repel the enemy assault with his M9 service pistol, killing the hostile force; and

Whereas, knowing they were in imminent danger, Sgt. Tschida attempted to get the driver of the tank to respond to his commands, but the soldier was in shock and unresponsive. After beating on the hatch and pleading with the driver to respond, the driver opened the driver 's hatch and began receiving commands from Sgt. Tschida. At this time, Sgt. Tschida commanded the driver to return them and the tank with its munitions back to the nearest security gate to get help. Sgt. Tschida then shielded both soldiers with his body on the surface of the tank until they arrived at a safe location; and

Whereas, all four crew members, including Sgt. Tschida, survived the injuries they sustained on May 15, 2005, and the tank was returned and repaired for future use. To this day, Sgt. Chris Tschida has not received recognition or accolades for his heroism and steadfast leadership on May 15, 2005. Now, therefore, be it

Resolved, by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that we urge President Barack Obama, in the name of Congress, to award Retired Sergeant Chris Tschida the Medal of Honor for distinguishing himself through conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty, or the highest appropriate recognition; and 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 President Barack Obama, 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 91. A concurrent resolution adopted by the Legislature of the State of Louisiana memorializing the United States Congress to support the 259th Air Traffic Control Squadron Louisiana National Guard and urging the Louisiana congressional delegation to take action to reverse the planned disbanding of the squadron; to the Committee on Armed Services.

Senate Concurrent Resolution No. 55

To memorialize the Congress of the United States to support the 259th Air Traffic Control Squadron Louisiana National Guard and urge the Louisiana congressional delegation to take action to reverse the planned disbanding of the squadron.

Whereas, the 259th Air Traffic Control Squadron is uniquely staffed to support large scale military training operations that are launched from Alexandria International Airport to Fort Polk which are essential to the world class military training at Fort Polk; and

Whereas, three of the last four presidents have used the services and assets of the ATC squadron to safely access Fort Polk and Central Louisiana; and

Whereas, the 259th Air Traffic Control Squadron has also safely controlled the air access of numerous United States flag officers, foreign dignitaries, foreign military officers, governors and members of congressional delegations during important visits in support of Fort Polk operations; and

Whereas, this exceptional unit has consistently achieved rating of excellent in their performance evaluation and currently leads the nation in keeping its staff strength at or near one hundred percent; and

Whereas, the 259th Air Traffic Control Squadron has played a key role in disaster relief efforts such as Hurricane Katrina, when it worked to control the airspace over New Orleans in the aftermath of the country's biggest natural disaster; and

Whereas, this unit has been called on and has responded in an exemplary manner to requests from other states when they were struck by disasters; and

Whereas, little or no input was considered from the Air National Guard Headquarters, the Adjutant General of the Louisiana National Guard, the Louisiana Air National Guard Commander, the Louisiana congressional delegation, the governor, the United States Army or England Airpark before the Department of Defense proposed to disband the unit in order to achieve budget cuts; and

Whereas, the 259th is composed of 110 proud, patriotic Louisiana citizens bravely serving their country during perilous times who are now being told their mission is over and their service is no longer needed; and

Whereas, disbanding of the 259th ATC will weaken Fort Polk, Alexandria International Airport, England Airpark and the state of Louisiana: Therefore, be it

Resolved, That the Legislature of Louisiana hereby memorializes the Congress of the United States to use all of its powers of oversight to reverse this catastrophic decision by the Department of Defense to disband a vital, smooth operating, and badly needed unit such as the 259th Air Traffic Control Squadron in order to cut military spending, especially in these times of war, world conflict, and danger from dictators and terrorists; and be it further

Resolved, That the Legislature of Louisiana requests the governor and the appropriate agencies to take such action as they deem necessary to support the Louisiana congressional delegation in its effort to save the 259th Air Traffic Control Squadron; 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, to each member of the Louisiana delegation to the United States Congress and to the governor of the state of Louisiana.

____

POM 92. A concurrent resolution adopted by the Legislature of the State of Louisiana memorializing the United States Congress to take such actions as necessary to encourage the National Marine Fisheries Service, the Gulf of Mexico Marine Fisheries Council, and the Gulf of Mexico Fisheries Management Council to adopt a weekend-only fishery management regime for red snapper in the Gulf of Mexico for 2012; to the Committee on Commerce, Science, and Transportation.

House Concurrent Resolution No. 10

To memorialize the United States Congress to take such actions as are necessary to encourage the National Marine Fisheries Service, the Gulf of Mexico Marine Fisheries Council, and the Gulf of Mexico Fisheries Management Council to adopt a weekend-only fishery management regime for red snapper in the Gulf of Mexico for 2012.

Whereas, it is the responsibility of the National Marine Fisheries Service, an agency in the National Oceanographic and Atmospheric Administration, through the Gulf of Mexico Marine Fisheries Council and the Gulf of Mexico Fisheries Management Council, to manage and regulate marine species located in the Gulf of Mexico; and

Whereas, this management and regulation includes a determination of the sustainability of each species and preservation of the sustainability through the setting of take limits, individual fishing quotas, and opening and closing seasons; and

Whereas, red snapper is a highly sought-after fish and, through the years has been one of the most popular fish for restaurants but is currently one of the most highly regulated fisheries due to the fact that in the late 1970s and early 1980s, the population spawnings were not as strong as had been expected; and

Whereas, in an effort to protect the fishery, regulations were instituted that limited the number of fish that could be taken and set the minimum and maximum sizes; and

Whereas, although these regulations have resulted in an increase in the number of red snapper in the Gulf of Mexico and in an overall increased health of the red snapper populations, because of the past experience with unexpected spawning difficulties, NOAA Fisheries continues to maintain tight rein on the red snapper fishery and continues to implement stringent regulations on the taking of red snapper in the Gulf with those regulations for 2012 involving an open season of only forty days; and

Whereas, a forty-day season for red snapper will be devastating particularly to the charter fishing industry whose clientele are eager for the experience of fishing for and landing Louisiana's famed and highly sought after red snapper; and

Whereas, the charter industry in the state of Louisiana is an industry, like so many others across coastal Louisiana, that has been hard hit in recent years by hurricanes, record-setting riverine flooding, and the BP oil disaster in the Gulf; and

Whereas, one of the options discussed while determining the 2012 management regime was a weekend-only fishery which would elongate the period of time within which red snapper could be caught to nearly the entire summer, thus enabling the charter fishing industry, largely a weekend-only industry, more opportunities to ply their trade, book their charters, and increase the income to an already hard-hit industry; Therefore, be it

Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to encourage the National Marine Fisheries Service, the Gulf of Mexico Marine Fisheries Council, and the Gulf of Mexico Fisheries Management Council to adopt a weekend-only fishery management scheme for red snapper for 2012; 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 and the heads of the National Marine Fisheries Service, the Gulf of Mexico Marine Fisheries Council, and the Gulf of Mexico Fisheries Management Council.

____

POM 93. A concurrent resolution adopted by the Legislature of the State of Louisiana memorializing the United States Congress to take such actions as are necessary to encourage and enable the Federal Energy Regulatory Commission to expedite the review and approval of Cheniere Energy's Sabine Pass Liquified Natural Gas facility and to streamline the approval process for similar export facilities to magnify the economic benefits of liquified natural gas exports throughout the region and nation; to the Committee on Energy and Natural Resources.

House Concurrent Resolution No. 94

To memorialize the United States Congress to take such actions as are necessary to encourage and enable the Federal Energy Regulatory Commission to expedite the review and approval of Cheniere Energy's Sabine Pass Liquified Natural Gas facility and to streamline the approval process for similar export facilities to magnify the economic benefits of liquified natural gas exports throughout the region and nation.

Whereas, Cheniere Energy plans to invest ten billion dollars into a liquified natural gas (LNG) export facility located in Cameron Parish, Louisiana; and

Whereas, Cheniere's Sabine Pass LNG Export facility will have significant economic benefits for the Louisiana and national economies; and

Whereas, Cheniere's Sabine Pass LNG Export Facility will result in an average of one thousand eight hundred construction jobs over a five-year period, over one billion dollars paid in wages and benefits during construction, and an additional two hundred permanent jobs in Cameron Parish; and

Whereas, Cheniere's Sabine Pass LNG Export facility will create a demand for two billion cubic feet (bcf) of natural gas drawn from areas such as Louisiana's Haynesville Shale and will support between thirty thousand and fifty thousand jobs in the exploration and production industry; and

Whereas, Cheniere's Sabine Pass LNG Export facility will provide a stable and secure energy source for America's allies around the world; and

Whereas, Cheniere's Sabine Pass LNG Export facility will bring needed jobs and development to Cameron Parish, Louisiana, and encourage growth in the southwest Louisiana region; and

Whereas, the Cheniere's Sabine Pass site has been subjected to three extensive environmental reviews by the Federal Energy Regulatory Commission resulting in findings of no significant impact in an initial Environmental Impact Statement and two Environmental Assessments; and

Whereas, the Federal Energy Regulatory Commission's current review of Cheniere's Sabine Pass LNG Export Facility has been ongoing since July 2010; and

Whereas, Cheniere has demonstrated that they are a safe and responsible operator, steward of the local environment, and responsible corporate citizen; Therefore, be it

Resolved, That the Legislature of Louisiana does hereby memorialize the United States Congress to take such actions as are necessary to encourage and enable the Federal Energy Regulatory Commission to expedite the review and approval of Cheniere Energy's Sabine Pass Liquified Natural Gas facility and to streamline the approval process for similar export facilities to magnify the economic benefits of liquified natural gas exports throughout the region and nation; 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 94. A joint resolution adopted by the Legislature of the State of Maine urging the President of the United States and the United States Congress to reform the federal Toxic Substances Control Act of 1976; to the Committee on Environment and Public Works.

A Joint Resolution

We, your Memorialists, the Members of the One Hundred and Twenty-fifth Legislature of the State of Maine now assembled in the Second Regular Session, most respectfully present and petition the President of the United States and the members of the United States Congress as follows:

Whereas, a child and a developing fetus are uniquely vulnerable to the health threats of toxic chemicals; and

Whereas, a growing body of peer-reviewed scientific evidence links exposure to toxic chemicals with many diseases and health problems, including prostate cancer, breast cancer, learning and developmental disabilities, infertility and obesity; and

Whereas, the effects of toxic chemicals place an undue burden on states, including increasing health care costs, environmental damage and demands for state regulation; and

Whereas, businesses that lack information on the effects of chemicals in their supply chain are at a disadvantage; and

Whereas, the governing federal law, the Toxic Substances Control Act of 1976, was intended to protect public health from toxic chemicals; and

Whereas, at the time when the federal Toxic Substances Control Act of 1976 was passed, there were about 62,000 chemicals in commerce that were grandfathered without the testing currently required for potential health and safety hazards or any restrictions on known chemical hazards; and

Whereas, in the 35 years since the federal Toxic Substances Control Act of 1976 was passed, the United States Environmental Protection Agency has required testing to be conducted on only about 200 of those chemicals for health hazards and has restricted the use of only 5 chemicals; and

Whereas, the federal Toxic Substances Control Act of 1976 has been widely recognized as ineffective and obsolete due to procedural hurdles that prevent the United States Environmental Protection Agency from taking quick and effective action to protect the public against well-known chemical threats; and

Whereas, in 2008 the Maine Legislature enacted, and in 2011 amended, the Kid Safe Products Act with broad bipartisan support as a comprehensive safer chemical policy reform; and

Whereas, state policy leadership cannot substitute for congressional action to modernize the federal Toxic Substances Control Act of 1976, a reform all parties agree is urgently needed; and

Whereas, federal legislation to reform the federal Toxic Substances Control Act of 1976, the Safe Chemicals Act of 2011, is under consideration in the 112th Congress; now, therefore, be it

Resolved, That We, your Memorialists, respectfully urge and request that the President of the United States and the United States Congress modernize the federal Toxic Substances Control Act of 1976 in a manner that ensures the safety of chemicals in everyday products and that uses the best scientific data to protect the health of vulnerable groups, such as children, while promoting business innovation and making timely decisions on chemicals of highest concern; and be it further

Resolved, That suitable copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable Barack H. Obama, President of the United States, to the President of the United States Senate and to the Speaker of the United States House of Representatives, and to each Member of the Maine Congressional Delegation.

____

POM 95. A joint Memorial adopted by the Legislature of the State of Idaho urging the President and Congress to support a Basque Country--Euskadi 'ta Askatasuna (ETA) truce; to the Committee on Foreign Relations.

House Joint Memorial No. 14

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the Second Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that:

Whereas, the State of Idaho is a North American center of the Basque population, and many of those citizens of this state have kept close ties to the homeland of their forefathers; and

Whereas, from the time of the government of the last dictatorship in Spain until the present, the Basque Country has experienced decades of terror and violence; and

Whereas, in 1972, the Second Regular Session of the Forty-first Idaho Legislature adopted Senate Joint Memorial No. 115 that condemned the government of the last dictatorship in Spain and urged peace and democracy in the Basque Country; and

Whereas, in 2002, the Second Regular Session of the Fifty-sixth Idaho Legislature unanimously adopted Senate Joint Memorial No. 114 that condemned all terrorist organizations operating in the world and specifically the terrorist organization Euskadi 'ta Askatasuna (ETA) in Spain and expressed strong support for an immediate end to all violence in the Basque Country and for the establishment of peace and freedom through all democratic and lawful means as well as the recognition of the right to self-determination; and

Whereas, in 2006, the Second Regular Session of the Fifty-eighth Idaho Legislature adopted House Joint Memorial No. 26 that condemned all acts of terrorism and violence by all organizations and individuals within the Basque Country and throughout the world: Now, therefore, be it

Resolved, by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that the State of Idaho recognizes and commends ETA's statements of a definitive cessation of its armed activity and end to terrorism, and further commends the governments of Spain, France, the Basque Autonomous Community and Navarre for their actions to promote dialogue on the future of the Basque territories and achieving a lasting peace; be it further

Resolved, That the State of Idaho extends its encouragement and support to their democratic governments in their ongoing efforts to establish a negotiation process to create a lasting peace, to recognize all victims of terrorism and to consider all democratic forms of referenda on the constitutional future of the Basque territories; and 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 and Secretary of State of the United States, the President of the Senate and the Speaker of the House of Representatives of Congress, the congressional delegation representing the State of Idaho in the Congress of the United States, the Prime Minister of Spain, the President of France, the President of the Basque Autonomous Community and the President of the Foral Government of Navarre.

____

POM 96. A joint Memorial adopted by the Legislature of the State of Idaho urging the President and Congress to implement the Beyond the Border Action Plan; to the Committee on Foreign Relations.

House Joint Memorial No. 13

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the Second Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that:

Whereas, the United States and Canada enjoy a partnership long rooted in a history of peaceful coexistence and one of the largest and most successful economic relationships in the world; and

Whereas, the United States and Canada are each other's largest single export market; and

Whereas, millions of jobs in both the United States and Canada depend on the trade and investment flowing across the border between the two countries; and

Whereas, Canada is one of Idaho's top trading partners, based on 2010 data, and our companies and industries depend on integrated cross-border supply chains and production processes; and

Whereas, on February 4, 2011, the Prime Minister of Canada and the President of the United States issued a declaration on a Shared Vision for Perimeter Security and Economic Competitiveness, which called for a joint action plan; and

Whereas, the United States and Canada established a Beyond the Border Working Group composed of representatives from the relevant departments and offices of their federal governments to develop the action plan and be responsible for its implementation; and

Whereas, the Beyond the Border Action Plan was released in December of 2011; and

Whereas, the Beyond the Border Action Plan details methods for the United States and Canada to work together to enhance joint security and accelerate the legitimate flow of people, goods and services through four areas of cooperation: (1) addressing threats early; (2) trade facilitation, economic growth and jobs; (3) cross-border law enforcement; and (4) critical infrastructure and cybersecurity; and

Whereas, on February 4, 2011, the Prime Minister of Canada and the President of the United States announced the creation of the United States-Canada Regulatory Cooperation Council to increase regulatory transparency and coordination between the two countries; and

Whereas, the initial Joint Action Plan of the Regulatory Cooperation Council was released in December of 2011; and

Whereas, the Action Plan on Regulatory Cooperation will help reduce barriers to trade, lower costs for consumers and business and create economic opportunities on both sides of the border through the alignment of regulatory approaches in the areas of agriculture and food, transportation, health and personal care products, chemical management, the environment and other cross-sectoral areas, while not compromising our health, safety or environmental protection standards; and

Whereas, Idaho has much to gain from the development of joint strategies and integrated approaches to enhance security and efficient trade between Canada and the United States: Now, therefore, be it

Resolved, by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that the President, Executive Branch Agencies and Congress work together to see that the Beyond the Border Action Plan on Perimeter Security and Economic Competitiveness and the Action Plan on Regulatory Cooperation are carried out and that the United States' appointees to the Beyond the Border Working Group, the Regulatory Cooperation Council, and the United States' agencies responsible for implementing the action plans have the resources necessary to assist in realizing the goals of the action plans, and 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 United States, the Secretary of the United States Department of State, the United States Attorney General, the Secretary of the United States Department of Homeland Security, the Secretary of the United States Department of Commerce, the Secretary of the United States Department of Transportation, 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 97. A joint Memorial adopted by the Legislature of the State of Idaho urging Congress to repeal the No Child Left Behind Act; to the Committee on Health, Education, Labor, and Pensions.

House Joint Memorial No. 8

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the Second Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that:

Whereas, putting our children first is both an economic imperative and a moral necessity, and a strong education system is vital to a strong economy; and

Whereas, public education is clearly an area left to the states under the Tenth Amendment to the United States Constitution; and

Whereas, the federal No Child Left Behind law requires unrealistic expectations as nearly one-half of the public schools in the United States did not meet federal achievement standards in 2011, including eighty-nine percent of Florida' s public schools; and

Whereas, the federal No Child Left Behind law constricts the definition of education into a narrow test-based approach where repetition and memorization are more important than application, and it discourages creativity by students and teachers; and

Whereas, the federal No Child Left Behind law's emphasis on math and reading means less attention for other very important subjects such as history, art, music, vocational education and physical education; and

Whereas, the federal No Child Left Behind law is insufficiently funded to bring about its intended effect and it has imposed what is essentially an unfunded educational mandate on the states; and

Whereas, the ongoing recession has forced the State of Idaho to make difficult decisions regarding the funding of public education and these decisions have resulted in larger class sizes, layoffs of educational staff, curtailment of extracurricular activities and school sponsored programs and a shorter school year; and

Whereas, economic recovery and development depend upon an educated workforce that possesses the skills that are necessary to handle the jobs of the 21st century; the State of Idaho cannot achieve and maintain prosperity if it does not properly fund secondary and post-secondary education; and Republicans and Democrats agree that burdensome regulations prevent our schools, our teachers and our students from achieving their potential: Now, therefore, be it

Resolved, by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, that the Congress of the United States of America is respectfully urged to repeal the No Child Left Behind Act of 2001 (P.L. 107 110, 115 Stat. 1425); and 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 98. A concurrent memorial adopted by the Legislature of the State of Arizona requesting Congress to propose, and to submit to the several states for ratification, a balanced budget amendment to the United States Constitution; to the Committee on the Judiciary.

House Concurrent Memorial 2007

Whereas, the federal public debt now exceeds $15 trillion, or $50,000 for every man, woman and child in America; and

Whereas, the federal public debt now exceeds the gross annual output of the entire United States economy; and

Whereas, this fiscal irresponsibility at the federal level is endangering economic opportunity now and for future generations; and

Whereas, the federal government's unlimited borrowing ability raises serious questions about fundamental principles and responsibilities of government. The profound consequences for the nation and its people that potentially could result from unchecked borrowing make it an appropriate subject for limitation by the Constitution of the United States; and

Whereas, the Constitution of the United States vests the ultimate responsibility to approve or disapprove constitutional amendments with the people, as represented by their elected state legislatures. Opposition by a small minority has repeatedly thwarted the will of the people that a balanced budget amendment to the Constitution be submitted to the states for ratification.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1. That the Congress of the United States expeditiously pass and propose to the legislatures of the several states for ratification an amendment to the Constitution of the United States requiring that, in the absence of a national emergency, the total of all federal appropriations made by the Congress for any fiscal year not exceed the total of all estimated federal revenues for that fiscal year.

2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives, each Member of Congress from the State of Arizona and the Secretary of State and the presiding officer of both houses of the legislature in each state in the union.

____

POM 99. A joint Memorial adopted by the Legislature of the State of Idaho urging Congress to authorize an additional United States District Court Judge for the District of Idaho; to the Committee on the Judiciary.

House Joint Memorial No. 4

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho assembled in the Second Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that:

Whereas, Congress admitted Idaho to the Union in 1890, soon thereafter created the United States District Court for the District of Idaho with one United States District Judge, created a second United States District Judge in 1954, but has not created any other United States District Judges for the Idaho federal court since then; and

Whereas, Idaho's population has grown from approximately 600,000 in 1954 to over 1.5 million as of the 2010 census; and

Whereas, the District of Idaho has the fewest federal district judges of any of the judicial districts in the Ninth Circuit, with the exception of Guam and the Northern Mariana Islands; and

Whereas, Alaska with a 2010 census population of 710,231, Montana with a 2010 census population of 989,415, South Dakota with a 2010 census population of 814,180 and Wyoming with a 2010 census population of 563,626 each have three federal district judges even though their populations are significant1y smaller than the population of Idaho; and

Whereas, Idaho is the 14th largest state with an area of 83,570 square miles, and its federal district judges are required to travel throughout this large and far-flung state to four designated and distant locations to conduct hearings and trials in both criminal and civil cases; and

Whereas, Idaho's United States District Court had 170 pending criminal and civil cases in 1954, and had 942 pending criminal and civil cases of September 2011; and

Whereas, although the Idaho federal court has magistrate judges, civil litigants with cases before the court frequently exercise their right to have a United States District Judge assigned to their cases, only district judges may try felony criminal cases, speedy trial requirements and the size of the criminal case load cause delays in civil cases pending before Idaho's district judges, and complex cases can tie up district judges for months at a time, all of which have forced the Idaho federal court to increasingly rely on out-of-state federal district judges as shown by the 96 percent increase in visiting judge hours in 2008; and

Whereas, the United States District Court for Idaho is recognized within the federal judicial system, by Idaho's lawyers and by the citizens of Idaho as an exemplary court comprised of judges and staff making enormous efforts and sacrifices to meet the demands of its caseload and doing so in a highly competent fashion; and

Whereas, notwithstanding the extraordinary and laudable efforts of the United States District Court for the District of Idaho to meet the demands of its caseload, the resources available to it are inadequate, and the resulting situation has created an unsustainable burden on the court, delayed justice, hindered the rights of the people of Idaho, and hindered the economy of our state; and

Whereas, the people of Idaho have needed a third federal district judge for a very long time and in 2002 Senate Joint Memorial 110 was adopted by the Second Regular Session of the 56th Idaho Legislature urging the Congress of the United States to authorize an additional United States District Court Judge and the staff necessary to assist in the handling of the District of Idaho's increasing caseload, but, to date, Congress has failed to act; and

Whereas, a properly resourced and properly functioning judiciary is a fundamental and core governmental function essential to the preservation of the people' s rights and their freedom: Now, therefore, be it

Resolved by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, That we hereby respectfully urge the Congress of the United States to authorize an additional United States District Court Judge and commensurate staff for the District of Idaho to assist in handling current and anticipated caseloads in the District of Idaho; and 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 100. A resolution adopted by the California State Lands Commission opposing H.R. 1837, the Sacremento-San Joaquin Valley Water Reliability Act; to the Committee on Environment and Public Works.

POM 101. A petition by the Governor's Commission on Disability and Employment in Maine urging Congress to introduce and support passage of the Social Security draft bill--Social Security Work Incentive Amendments of 2012; to the Committee on Finance.

____________________

SOURCE: Congressional Record Vol. 158, No. 82