[Congressional Record Volume 145, Number 42 (Wednesday, March 17, 1999)]
[Senate]
[Pages S2872-S2873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999

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                 SPECTER (AND OTHERS) AMENDMENT NO. 77

  Mr. SPECTER (for himself, Mr. Harkin, Mr. Jeffords, Mr. Kennedy, and 
Mr. Durbin) proposed an amendment to the bill (S. 544) making emergency 
supplemental appropriations and rescissions for recovery from natural 
disasters, and foreign assistance, for the fiscal year ending September 
30, 1999, and other purposes; as follows:

       Beginning on page 35, strike line 13 and all that follows 
     through line 24 on page 36 and insert the following:
       Sec. 2011. Waiver of Recoupment of Medicaid Tobacco-Related 
     Recoveries If Recoveries Used To Reduce Smoking and Assist in 
     Economic Diversification of Tobacco Farming Communities. (a) 
     Findings.--Congress makes the following findings:
       (1) Tobacco products are the foremost preventable health 
     problem facing America today. More than 400,000 individuals 
     die each year as a result of tobacco-induced illness and 
     conditions.
       (2) Each day 3,000 young individuals become regular 
     smokers. Of these children, 1,000 will die prematurely from a 
     tobacco-related disease.
       (3) Medicaid is a joint Federal-State partnership designed 
     to provide to provide health care to citizens with low-
     income.
       (4) On average, the Federal Government pays 57 percent of 
     the costs of the medicaid program and no State must pay more 
     than 50 percent of the cost of the program in that State.
       (5) The comprehensive settlement of November 1998 between 
     manufacturers of tobacco products and States, and the 
     individual State settlements reached with such manufacturers, 
     include claims arising out of the medicaid program.
       (6) As a matter of law, the Federal Government is not 
     permitted to act as a plaintiff in medicaid recoupment cases.
       (7) Section 1903(d) of the Social Security Act (42 U.S.C. 
     1396b(d)) specifically requires that the State reimburse the 
     Federal Government for its pro rata share of medicaid-related 
     expenses that are recovered from liability cases involving 
     third parties.
       (8) In the comprehensive tobacco settlement, the tobacco 
     companies were released from all relevant claims that can be 
     made against them subsequently by the States, thereby 
     effectively precluding the Federal Government from recovering 
     its share of medicaid claims in the future through the 
     established statutory mechanism.
       (9) The Federal Government has both the right and 
     responsibility to ensure that the Federal share of the 
     comprehensive tobacco settlement is used to reduce youth 
     smoking, to improve the public health, and to assist in the 
     economic diversification of tobacco farming communities.
       (b) Amendment to Social Security Act.--Section 1903(d)(3) 
     of the Social Security Act (42 U.S.C. 1396b(d)(3)) is 
     amended--
       (1) by inserting ``(A)'' before ``The''; and
       (2) by adding at the end the following:
       ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply 
     to any amount recovered or paid to a State as part of the 
     comprehensive settlement of November 1998 between 
     manufacturers of tobacco products (as defined in section 
     5702(d) of the Internal Revenue Code of 1986) and States, or 
     as part of any individual State settlement or judgment 
     reached in litigation initiated or pursued by a State against 
     one or more such manufacturers, if (and to the extent that) 
     the Secretary finds that following conditions are met:
       ``(i) The Governor or Chief Executive Officer of the State 
     has filed with the Secretary a plan which specifically 
     outlines how--
       ``(I) at least 20 percent of such amounts recovered or paid 
     in any fiscal year will be spent on programs to reduce the 
     use of tobacco products using methods that have been

[[Page S2873]]

     shown to be effective, such as tobacco use cessation 
     programs, enforcement of laws relating to tobacco products, 
     community-based programs to discourage the use of tobacco 
     products, school-based and child-oriented education programs 
     to discourage the use of tobacco products, and State-wide 
     awareness and counter-marketing advertising efforts to 
     educate people about the dangers of using tobacco products, 
     and for ongoing evaluations of these programs; and
       ``(II) at least 30 percent of such amounts recovered or 
     paid in any fiscal year will be spent--
       ``(aa) on Federally or State funded health or public health 
     programs; or
       ``(bb) to assist in economic development efforts designed 
     to aid tobacco farmers and tobacco-producing communities as 
     they transition to a more broadly diversified economy.
       ``(ii) All programs conducted under clause (i) take into 
     account the needs of minority populations and other high risk 
     groups who have a greater threat of exposure to tobacco 
     products and advertising.
       ``(iii) All amounts spent under clause (i) are spent only 
     in a manner that supplements (and does not supplant) funds 
     previously being spent by the State (or local governments in 
     the State) for such or similar programs or activities.
       ``(iv) Before the beginning of each fiscal year, the 
     Governor or Chief Executive Officer of the State files with 
     the Secretary a report which details how the amounts so 
     recovered or paid have been spent consistent with the plan 
     described in clause (i) and the requirements of clauses (ii) 
     and (iii).''.
       (c) Effective Date.--The amendments made by subsection (a) 
     apply to amounts recovered or paid to a State before, on, or 
     after the date of enactment of this Act.
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                      HUTCHINSON AMENDMENT NO. 78

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to the bill, S. 544, supra; as follows:

       At the appropriate place, insert the following new title:

TITLE --REQUIREMENT FOR CONGRESSIONAL APPROVAL OF ADMISSION OF CHINA TO 
                                  WTO.

     SEC. ____01. PRIOR CONGRESSIONAL APPROVAL FOR SUPPORTING 
                   ADMISSION OF CHINA INTO THE WTO.

       (a) In General.--Notwithstanding any other provision of 
     law, the United States may not support the admission of the 
     People's Republic of China as a member of the World Trade 
     Organization unless a provision of law is passed by both 
     Houses of Congress and enacted into law after the enactment 
     of this Act that specifically allows the United States to 
     support such admission.
       (b) Procedures for Congressional Approval of United States 
     Support for Admission of China Into the WTO.--
       (1) Notification of congress.--The President shall notify 
     the Congress in writing if he determines that the United 
     States should support the admission of the People's Republic 
     of China into the World Trade Organization.
       (2) Support of china's admission into the wto.--The United 
     States may support the admission of the People's Republic of 
     China into the World Trade Organization if a joint resolution 
     is enacted into law under subsection (c) and the Congress 
     adopts and transmits the joint resolution to the President 
     before the end of the 90-day period (excluding any day 
     described in section 154(b) of the Trade Act of 1974), 
     beginning on the date on which the Congress receives the 
     notification referred to in paragraph (1).
       (c) Joint Resolution.--
       (1) Joint resolution.--For purposes of this section, the 
     term ``joint resolution'' means only a joint resolution of 
     the 2 Houses of Congress, the matter after the resolving 
     clause of which is as follows: ``That the Congress approves 
     the support of the United States for the admission of the 
     People's Republic of China into the World Trade 
     Organization.''.
       (2) Procedures.--
       (A) In general.--A joint resolution may be introduced at 
     any time on or after the date on which the Congress receives 
     the notification referred to in subsection (b)(1), and before 
     the end of the 90-day period referred to in subsection 
     (b)(2). A joint resolution may be introduced in either House 
     of the Congress by any member of such House.
       (B) Application of section 152.--Subject to the provisions 
     of this subsection, the provisions of subsections (b), (d), 
     (e), and (f) of section 152 of the Trade Act of 1974 (19 
     U.S.C. 2192(b), (d), (e), and (f)) apply to a joint 
     resolution under this section to the same extent as such 
     provisions apply to resolutions under section 152.
       (C) Discharge of committee.--If the committee of either 
     House to which a joint resolution has been referred has not 
     reported it by the close of the 45th day after its 
     introduction (excluding any day described in section 154(b) 
     of the Trade Act of 1974), such committee shall be 
     automatically discharged from further consideration of the 
     joint resolution and it shall be placed on the appropriate 
     calendar.
       (D) Consideration by appropriate committee.--It is not in 
     order for--
       (i) the Senate to consider any joint resolution unless it 
     has been reported by the Committee on Finance or the 
     committee has been discharged under subparagraph (C); or
       (ii) the House of Representatives to consider any joint 
     resolution unless it has been reported by the Committee on 
     Ways and Means or the committee has been discharged under 
     subparagraph (C).
       (E) Consideration in the house.--A motion in the House of 
     Representatives to proceed to the consideration of a joint 
     resolution may only be made on the second legislative day 
     after the calendar day on which the Member making the motion 
     announces to the House his or her intention to do so.
       (3) Consideration of second resolution not in order.--It 
     shall not be in order in either the House of Representatives 
     or the Senate to consider a joint resolution (other than a 
     joint resolution received from the other House), if that 
     House has previously adopted a joint resolution under this 
     section.

     SEC. ____03. CONFORMING AMENDMENT.

       Section 125(b)(1) of the Uruguay Round Agreements Act (19 
     U.S.C. 3535(b)(1)) is amended by striking ``, and only if,''.

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