[Congressional Record Volume 158, Number 82 (Monday, June 4, 2012)]
[Senate]
[Pages S3684-S3688]
From the Congressional Record Online through the 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 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

[[Page S3685]]

       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

[[Page S3686]]

       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

[[Page S3687]]

       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

[[Page S3688]]

     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.

                          ____________________