[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1896-S1898]
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-22. A joint resolution adopted by the Legislature of 
     the State of Oklahoma stating that a delegation of 
     commissioners selected as provided in this resolution shall 
     be authorized to attend and participate in a gathering of 
     states proposed by any state legislature for the purposes of 
     developing rules and procedures for an Article V Convention 
     for proposing amendments to the United States Constitution to 
     require a balanced federal budget, or to impose fiscal 
     restraints on the federal government, to limit the power and 
     jurisdiction of the federal government and to limit the terms 
     of office for federal officials and members of Congress and 
     for proposing an initial date and location for the meeting of 
     the several states in an Article V Convention; to the 
     Committee on the Judiciary.

                    House Joint Resolution No. 1017

       Whereas, Article V of the Constitution of the United States 
     provides that upon receipt of applications from two-thirds of 
     the legislatures of the several states, Congress shall call a 
     convention of the states for proposing amendments; and
       Whereas, the Oklahoma Legislature adopted Senate Joint 
     Resolution 4 in the 2nd Session of the 55th Oklahoma 
     Legislature, and Senate Joint Resolution 23 in the 1st 
     Session of the 57th Oklahoma Legislature, that applied to the 
     Congress of the United States ``for the calling of a 
     convention of the states limited to proposing 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 may 
     not exceed the total of all estimated federal revenues for 
     that fiscal year, together with any related and appropriate 
     fiscal restraints''; and
       Whereas, it appears that two-thirds of the states, 
     including Oklahoma, soon will have applied for a convention 
     to propose such an amendment adding to the United States 
     Constitution a requirement that the federal government 
     balance its budget; and
       Whereas, it has also been proposed by several states, 
     including Oklahoma, that a convention be called for proposing 
     amendments to ``impose fiscal restraints on the federal 
     government, limit the power and jurisdiction of the federal 
     government, and limit the terms of office for its officials 
     and for members of Congress''; and
       Whereas, in its call Congress will be required to specify 
     an initial time and place for the meeting of the Article V 
     Convention for proposing amendments; and
       Whereas, it is appropriate for the state legislatures to 
     prepare for the Article V Convention and recommend to 
     Congress an initial time and place to hold the convention; 
     and
       Whereas, a gathering of the states called by a state 
     legislature and consisting of members authorized by other 
     state legislatures would be an effective way of considering 
     and recommending solutions to common issues related to an 
     Article V Convention, including planning for and recommending 
     rules and procedures for an Article V Convention, and 
     recommending to Congress the initial date and location of an 
     Article V Convention; and
       Whereas, a planning convention of the several states 
     convened on September 12, 2017, in Phoenix, Arizona, and was 
     attended by a delegation from Oklahoma as authorized by House 
     Concurrent Resolution No. 1007 of the 1st Session of the 56th 
     Oklahoma Legislature (2017). Now, therefore,
       Be it resolved by the House of Representatives and the 
     Senate of the 1st Session of the 59th Oklahoma Legislature:
       That a delegation of commissioners selected as provided in 
     this resolution shall be authorized to attend and participate 
     in a gathering of states proposed by any state legislature 
     for the purposes of developing rules and procedures for an 
     Article V Convention for proposing amendments to the United 
     States Constitution to require a balanced federal budget, or 
     to impose fiscal restraints on the federal government, to 
     limit the power and jurisdiction of the federal government 
     and to limit the terms of office for federal officials and 
     members of Congress

[[Page S1897]]

     and for proposing an initial date and location for the 
     meeting of the several states in an Article V Convention.
       That the delegation of commissioners shall be composed of 
     seven members, three of whom shall be appointed by the 
     Speaker of the Oklahoma House of Representatives, three of 
     whom shall be appointed by the President Pro Tempore of the 
     Oklahoma State Senate, and one of whom shall be appointed by 
     agreement of both the Speaker of the Oklahoma House of 
     Representatives and the President Pro Tempore of the Oklahoma 
     State Senate.
       That two of the commissioners appointed by the Speaker of 
     the Oklahoma House of Representatives shall be current 
     members of the Oklahoma House of Representatives at the time 
     of appointment, and two of the commissioners appointed by the 
     President Pro Tempore of the Oklahoma State Senate shall be 
     current members of the Oklahoma State Senate at the time of 
     appointment. The third commissioner appointed by the Speaker 
     of the Oklahoma House of Representatives shall be a current 
     or former member of the Oklahoma House of Representatives and 
     the third commissioner appointed by the President Pro Tempore 
     of the Oklahoma State Senate shall be a current or former 
     member of the Oklahoma State Senate.
       That the commissioners shall be bound by the rules adopted 
     by the gathering of the states or provided for in the 
     proposal for the Article V Convention.
       That unless otherwise provided by the Oklahoma Legislature, 
     the commissioners provided for in this resolution shall also 
     serve as commissioners to the Article V Convention for 
     proposing amendments to the United States Constitution when 
     called and shall be bound by the rules adopted by the members 
     of the Article V Convention.
       That if a commissioner is unable to participate in either 
     the state gathering or an Article V Convention to propose 
     amendments to the United States Constitution either 
     permanently or temporarily, the appointing authority or 
     authorities shall select an alternate, who shall be a current 
     or former member of the appointing authority's legislative 
     body, to serve for the time the commissioner is unable to 
     serve. The alternate shall be bound by the same rules and 
     procedures as the original commissioner.
       That no commissioner or alternate from this state to an 
     Article V Convention shall have the authority to vote to 
     allow consideration of or vote to approve an unauthorized 
     amendment for ratification to the United States Constitution.
       That any commissioner or alternate casting a vote to allow 
     consideration or approval of an unauthorized amendment shall 
     be immediately recalled by the appointing authority or 
     authorities and be replaced by an alternate.
       That all voting in either a gathering of states or an 
     Article V Convention shall be by state with each state having 
     one vote.
       That commissioners and alternates shall take the following 
     oath of office before accepting their appointment:
       ``I do solemnly swear or affirm that to the best of my 
     abilities I will, as a commissioner (alternate commissioner) 
     to a convention for proposing any amendment to the United 
     States Constitution, uphold the Constitution and laws of the 
     United States and the State of Oklahoma.
       I will abide by my specific instructions from the 
     Legislature of the State of Oklahoma. I will not vote to 
     allow consideration of or to approve any amendment proposed 
     for ratification to the United States Constitution that is 
     unrelated to the subject of the approved call of the 
     convention by Congress.
       I will vote only for convention rules that provide that 
     each state have one equal vote and that a state or 
     commissioner shall not be allowed to propose an amendment 
     that is unrelated to the approved call of the convention. I 
     acknowledge that any violation of this oath may result in 
     being recalled by the Legislature of the State of Oklahoma or 
     its authorized committee.''
       That an Article V Convention Committee shall be composed of 
     three members, one appointed by the Speaker of the Oklahoma 
     House of Representatives, one appointed by the President Pro 
     Tempore of the Oklahoma State Senate and one appointed 
     jointly by the Speaker and President Pro Tempore. A member of 
     the Article V Convention Committee may not be a member of the 
     delegation. The duties of the Article V Convention Committee 
     and their appointing authority or authorities include:
       1. Monitoring the delegation to determine if it is 
     following legislative instructions and obeying convention 
     rules;
       2. Advising the delegation on the Legislature's position on 
     issues before the convention;
       3. Disciplining any commissioner who violates the oath of 
     office or instructions or is otherwise guilty of malfeasance 
     or nonfeasance. Discipline may include recall from the 
     convention, removal as a commissioner or demotion to the 
     office of alternate commissioner;
       4. Notifying the convention that a commissioner has been 
     recalled, removed as a commissioner or demoted to the office 
     of alternate commissioner; and
       5. Replacing any recalled commissioner.
       That commissioners shall vote only for Article V Convention 
     rules consistent with the following principles:
       1. The convention is convened under the authority reserved 
     to the state legislatures of the several states by Article V 
     of the Constitution of the United States;
       2. The only participants at this convention are the several 
     states represented by their respective delegations duly 
     selected in the manner that their respective legislatures 
     have determined;
       3. The scope of the convention's authority is defined by 
     applications adopted by at least two-thirds of the 
     legislatures of the several states, which authority is 
     limited to the subject of the approved call of the 
     convention. The convention has no authority to propose or 
     discuss an amendment on any other subject outside the 
     approved call of the convention by Congress;
       4. The convention shall provide for disciplining a 
     commissioner or delegation for exceeding the scope of the 
     convention's authority by raising subjects for discussion or 
     debate that lie outside the convention's authority;
       5. The convention shall not infringe on the respective 
     state legislatures' authority to instruct, discipline, recall 
     and replace commissioners; and
       6. All voting at the convention or in a committee shall be 
     by state with each state having one vote without 
     apportionment or division. Each state legislature shall 
     determine the internal voting and quorum rules for casting 
     the vote of its delegation.
       That the Chief Clerk of the House of Representatives, 
     immediately after the passage of this resolution, shall 
     prepare and file one copy thereof with the Secretary of State 
     and one copy with the Attorney General and transmit copies to 
     the President and Secretary of the United States Senate and 
     to the Speaker and Clerk of the United States House of 
     Representatives, to the members of the Oklahoma Congressional 
     Delegation, and to the presiding officers of each of the 
     legislative houses in the several states, requesting their 
     cooperation.
                                  ____

       POM-23. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     enact H.R. 9174, the State Immigration Enforcement Act, or 
     similar legislation; to the Committee on the Judiciary.

                   House Concurrent Memorial No. 2007

       Whereas, the Biden Administration has consistently refused 
     to enforce our nation's federal immigration laws; and
       Whereas, this gross dereliction of duty has resulted in 
     large numbers of illegal immigrants pouring over the United 
     States southern border in what has become a historic 
     invasion; and
       Whereas, Congressman Andy Biggs of Arizona introduced 
     legislation in Congress that would empower states and 
     localities to pass and enforce their own immigration 
     enforcement laws similar to federal immigration laws; and
       Whereas, H.R. 9174, known as the State Immigration 
     Enforcement Act, would allow states to bypass the current 
     Administration's open border policies and restore the rule of 
     law.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the United States Congress enact H.R. 9174, the 
     State Immigration Enforcement Act, or similar legislation.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives and 
     each Member of Congress from the State of Arizona.
                                  ____

       POM-24. A joint resolution adopted by the General Assembly 
     of the State of Tennessee urging the United States Congress 
     to enact legislation that will make state child abuse 
     registries public records; to the Committee on the Judiciary.

                     House Joint Resolution No. 19

       Whereas, in Tennessee, the Department of Children's 
     Services maintains the official Child Abuse Registry, which 
     includes the names of people who have been substantiated as 
     perpetrators of child abuse or neglect; and
       Whereas, the purpose of the Registry is to protect children 
     from persons who have been identified as perpetrators of 
     child abuse or neglect; a person's name is not placed on the 
     Registry until all reviews or hearings have concluded or the 
     person has waived their right to due process; and
       Whereas, the Department of Children's Services may release 
     the name of a person who is listed on the Registry only to 
     other state agencies or organizations due to the nature of 
     the employment or licensing of the person as statutorily 
     required in certain circumstances; and
       Whereas, due to prohibitive federal rules and regulations, 
     the general public does not have access to the Child Abuse 
     Registry; now, therefore,
       Be it Resolved by the House of Representatives of the One 
     Hundred Thirteenth General Assembly of the State of 
     Tennessee, The Senate Concurring, that we urge the United 
     States Congress to enact legislation to make state child 
     abuse registries public records; and be it further
       Resolved, that a certified 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 the Tennessee 
     Congressional delegation.
                                  ____

       POM-25. A resolution adopted by the City Council of Durham, 
     North Carolina, urging

[[Page S1898]]

     the Executive Office of the President to act immediately to 
     designate Temporary Protected Status (TPS) for Guatemala, and 
     calls on the Department of Homeland Security to grant a TPS 
     designation for Guatemalans currently residing in the United 
     States, a program that provides support to people fleeing 
     uncertainty, natural disasters, and violence; to the 
     Committee on the Judiciary.
       POM-26. A resolution adopted by the Board of Supervisors of 
     the City and County of San Francisco, California, urging the 
     Department of Homeland Security (DHS) and the President's 
     Administration to reject the recent attack on San Francisco's 
     long-standing Sanctuary Ordinance and urging DHS to extradite 
     the accused individuals without further delay; to the 
     Committee on the Judiciary.
       POM-27. A resolution adopted by the Board of Supervisors of 
     the City and County of San Francisco, California, condemning 
     the passage of ``Red-Baiting'' House Concurrent Resolution 9, 
     and urging the United States Congress not to engage in, vote 
     for, or otherwise support fearmongering and red-baiting by 
     the federal government; to the Committee on the Judiciary.

                          ____________________