[Congressional Record Volume 145, Number 121 (Thursday, September 16, 1999)]
[Senate]
[Pages S11051-S11053]
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-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.
                                  ____

       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.

[[Page S11052]]

                        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.
                                  ____

       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.
                                  ____

       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

[[Page S11053]]

     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.
                                  ____

       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.

                          ____________________