Volume 145, No. 121 covering the 1st Session of the 106th Congress (1999 - 2000) 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 S11051-S11053 on Sept. 16, 1999.
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-349. A joint resolution adopted by the Legislature of the State of Wisconsin relative to tobacco settlement funds; to the Committee on Finance.
Assembly Joint Resolution 15
Whereas, the state of Wisconsin, together with 45 other states, has initiated litigation against the tobacco industry seeking damages and other relief for the alleged misconduct of the tobacco industry; and
Whereas, the claims against the tobacco industry include the recovery of damages for the violation of consumer protection and antitrust laws, for common law conspiracy and for the expenditure of public funds for health care services; and
Whereas, the tobacco industry has agreed to a proposed settlement of the states' litigation, which includes the states' recovery of substantial money damages; and
Whereas, the states, which initiated the litigation and settlement of legal claims for the violation of a number of state laws by the tobacco industry, should recover the full amount of damages in the proposed settlement without any offset or withholding by the federal government; and
Whereas, the federal department of health and human services does not and should not have a claim to any portion of the funds agreed to in the tobacco settlement as payments to the states for damages, based on receipt by the states of federal funds for Medicaid costs; now, therefore, be it
Resolved by the assembly, the senate concurring, That the members of the Wisconsin legislature request that the Congress of the United States enact legislation that would specify that no portion of the money received by the states as part of the tobacco settlement or of any other resolution of the tobacco litigation may be withheld, offset or claimed by the federal government or by any agency of the federal government; and, be it further
Resolved, That the assembly chief clerk shall provide copies of this joint resolution to the members of this state's congressional delegation, the clerk of the U.S. house of representatives and the secretary of the U.S. senate.
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POM-350. A resolution adopted by the Assembly of the Legislature of the State of New Jersey relative to funding for the Clean Water State Revolving Fund Program; to the Committee on Appropriations.
Assembly Resolution 163
Whereas, the proposed Federal Fiscal Year 2000 budget contains a cut of $535 million in funding for the Clean Water State Revolving Fund (Clean Water SRF) program established pursuant to the federal Clean Water Act in 1987, which, if allowed to stand, will have a significant negative impact on New Jersey's ability to enhance water quality conditions, protect the public health and safety and preserve and maintain the State's surface and ground water resources; and
Whereas, since the federal government ended the Construction Grants Program in the 1980's, the Clean Water SRF program has been the only significant source of federal funds for addressing the severe water pollution problems that continue to plague this State and our Nation; and
Whereas, addressing the State's water pollution problems, preserving clean water and enhancing water quality conditions are essential to the public health and safety, and are fundamental requirements for a thriving economy, in particular New Jersey's tourism industry, the second largest in the State, which is heavily dependent on our reputation for clean ocean waters and beaches; and
Whereas, since 1987 the New Jersey Environmental Infrastructure Trust and the Department of Environmental Protection have leveraged the federal moneys in the Clean Water SRF to enable the investment of more than $1.5 billion in wastewater treatment and other water pollution abatement strategies under the New Jersey Environmental Infrastructure Financing Program, a consolidated approach to federal and State clean water, drinking water and stormwater management project financing; and
Whereas, the New Jersey Environmental Infrastructure Financing Program, which has been the primary source available for either federal or State funding to assist local governments in financing necessary wastewater treatment and water quality improvements, may justifiably be characterized as an unqualified success and, without exaggeration, is genuinely considered one of the most successful Clean Water SRF programs in the country; and
Whereas, it is altogether fitting and proper that the Legislature memorialize Congress to restore funding for the Clean Water State Revolving Fund program in the proposed Federal Fiscal Year 2000 budget, as the uninterrupted full-funding for, and unimpaired continuation of, New Jersey's thriving Clean Water SRF program is in the public interest; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. The Congress of the United States is respectfully memorialized to restore the $535 million cut in funding for the Clean Water State Revolving Fund program in the proposed Federal Fiscal Year 2000 budget.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the Administrator of the United States Environmental Protection Agency, the Commissioner of the Department of Environmental Protection, the Chairman of the New Jersey Environmental Infrastructure Trust, and each member of Congress from the State of New Jersey.
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POM-351. A joint resolution adopted by the Legislature of the State of California relative to the export of cryptographic products; to the Committee on Banking, Housing, and Urban Affairs.
Assembly Joint Resolution No. 10
Whereas, current United States export control laws governing cryptographic products are adversely affecting California and American companies; and
Whereas, with California poised to greatly benefit from the rapid growth of electronic commerce, which is predicted to amount to as much as $200 billion per year by the year 2000, outdated cryptographic provisions dating back to World War II and the Cold War retard the ability of California producers of cryptographic products to compete and succeed in the global market; and
Whereas, there exists a tremendous worldwide market for cryptographic products incorporating secure encryption features; and
Whereas, foreign competitors of data-scrambling technology, unfettered by strict government export controls on cryptographic products, are able to successfully develop, market, and sell sophisticated encryption systems well above the United States limit; and
Whereas, any benefit to American law enforcement or national security realized by American export controls on cryptographic products has been minimized by the rapid availability of strong, robust cryptographic systems produced by non-American companies and even by the ability to lawfully import these systems into the United States; and
Whereas, the Computer Systems Policy Project estimates that if the current outdated policy remains in effect, the cost to American companies could be up to $96 billion by the year 2002 and the loss of over 200,000 high-skill, high-wage jobs by the year 2000; and
Whereas, the National Research Council of the National Academy of Sciences has concluded after exhaustive study that United States export controls on cryptography may be causing American software and hardware companies to lose a significant share of a rapidly growing market, with losses of at least several hundred million dollars per year; and
Whereas, the current administration supports a ``key recovery'' system that would force computer users to give the government access to their encryption keys, thus allowing the federal government to monitor an individual's communications and on-line transactions without that individual's knowledge or consent; and
Whereas, there is pending in the United States Congress H.R. 850, which will substantially ease or eliminate current federal export controls on American cryptographic products, and other legislation related to cryptography and export controls is being introduced and considered in the Congress; now, therefore, be it
Resolved by the Assembly and Senate of the State of California, jointly, That there be greater discussion between industry, government, and the public in this policy area; and be it further
Resolved, That the Legislature of the State of California respectfully memorializes the President and the Congress of the United States to act immediately to consider the relaxation of current United States export control laws governing cryptographic products and to discourage the implementation of a federally mandated ``key recovery'' program; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States.
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POM-352. A joint resolution adopted by the Legislature of the State of California relative to special education funding; to the Committee on Appropriations.
Assembly Joint Resolution No. 12
Whereas, the Congress of the United States enacted the Education for All Handicapped Children Act of 1975 (P.L. 94-142), now known as the Individuals with Disabilities Education Act (IDEA), to ensure that all children with disabilities in the United States have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs, to assure that the rights of children with disabilities and their parents or guardians are protected, to assist states and localities to provide for the education of all children with disabilities, and to assess and assure the effectiveness of efforts to educate children with disabilities; and
Whereas, since 1975, federal law has authorized appropriation levels for grants to states under the IDEA at 40 percent of the average per-pupil expenditure and public elementary and secondary schools in the United States; and
Whereas, Congress continued the 40-percent funding authority in Public Law 105-17, the Individuals with Disabilities Education Act Amendments of 1997; and
Whereas, Congress has never appropriated funds equivalent to the authorized level, has never exceeded the 15-percent level, and has usually only appropriated funding at about the 8-percent level; and
Whereas, the California Master Plan for Special Education was approved for statewide implementation in 1980 on the basis of the anticipated federal commitment to fund special education programs at the federally authorized level; and
Whereas, the Governor's Budget for the 1999-2000 fiscal year proposes $2.2 billion in General Fund support for the state's share of funding for special education programs; and
Whereas, the State of California anticipates receiving approximately $410,500,000 in federal special education funds under Part B of IDEA for the 1999-2000 school year, even though the federal authorized level of funding would provide over $1.8 billion annually to California; and
Whereas, local educational agencies in California are required to pay for the underfunded federal mandates for special education programs, at a statewide total cost approaching $1 billion annually, from regular education program money, thereby reducing the funding that is available for other education programs; and
Whereas, the decision of the Supreme Court of the United States in the case of Cedar Rapids Community Sch. Dist. v. Garret F. ((1999) 143 L.Ed 2d 154), has had the effect of creating an additional mandate for providing specialized health care, and will significantly increase the costs associated with providing special education services; and
Whereas, whether or not California participates in the IDEA grant program, the state has to meet the requirements of Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701) and its implementing regulations (34 C.F.R. 104), which prohibit recipients of federal financial assistance, including educational institutions, from discriminating on the basis of disability, yet no federal funds are available under that act for state grants; and
Whereas, California is committed to providing a free and appropriate public education to children and youth with disabilities, in order to meet their unique needs; and
Whereas, the California Legislature is extremely concerned that, since 1978, Congress has not provided states with the full amount of financial assistance necessary to achieve its goal of ensuring children and youth with disabilities equal protection of the law; now, therefore, be it
Resolved by the Assembly and Senate of the State of California, jointly, That the Legislature respectfully memorializes the President and Congress of the United States to provide the full 40-percent federal share of funding for special education programs so that California and other states participating in these critical programs will not be required to take funding from other vital state and local programs in order to fund this underfunded federal mandate; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to the Chair of the Senate Committee on Budget, to the Chair of the House Committee on the Budget, to the Senate Committee on Appropriations, to the Chair of the House Committee on Appropriations, to each Senator and Representative from California in the Congress of the United States, and to the United States Secretary of Education.
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POM-353. A petition from a citizen of the state of Pennsylvania relative to prisons; to the Committee on the Judiciary.
POM-354. A resolution adopted by the Board of Education of the Baldwin Park, California, Unified School District relative to special education funding; to the Committee on Appropriations.
POM-355. A resolution adopted by the Board of Supervisors of Florence County, Wisconsin, relative to the Forest Plan Revision of the Ten Year Plan for the Nicolet National Forest; to the Committee on Energy and Natural Resources.
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