[Congressional Record Volume 145, Number 53 (Monday, April 19, 1999)]
[Senate]
[Pages S3846-S3848]
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-29. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on 
     Appropriations.

                        Senate Resolution No. 21

       Whereas, The Michigan National Guard carries out a 
     demanding mission with responsibilities to both the state and 
     the federal government. The citizen soldiers who make up the 
     National Guard must train to meet a demanding federal role in 
     support of the active components of the Armed Forces as well 
     as remaining on call to assist with emergencies in the state; 
     and
       Whereas, Training time is precious for the National Guard 
     personnel who must strive to match active duty standards. In 
     order to maximize training time, a cadre of full-time 
     National Guard personnel carry out a number of duties 
     essential to the smooth functioning of a National Guard unit. 
     They make sure everybody is paid on time, review retirement 
     points, process orders for military education, and resolve 
     other administrative issues for the soldiers and airmen; and
       Whereas, Analysis by the Department of Defense shows that 
     the National Guard has fewer than half the number of full-
     time personnel required to perform all the tasks necessary to 
     carry out its missions. Nonetheless, federal budget analysts 
     continue to propose additional cuts to the full-time force in 
     the National Guard; and
       Whereas, Even maintaining the status quo increases the 
     duties of the full-time personnel because of the greater 
     burden the National Guard shoulders today. Operations in 
     Bosnia, the Sinai, Haiti, and the Gulf, plus support for the 
     war on drugs, increase the workload of full-time staff. 
     Additional missions such as the National Guard's new role in 
     combating the threat of weapons of mass destruction add to 
     the duties. The vital role of the National Guard in 
     protecting our state and nation requires increased federal 
     funding; now, therefore, be it
       Resolved by the Senate, That we memorialize the President 
     and Congress to increase funding for full-time National Guard 
     personnel; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-30. A resolution adopted by the Legislature of the 
     State of Nebraska; to the Committee on Finance.

                       Legislative Resolution 29

       Whereas, the State of Nebraska filed a lawsuit against the 
     tobacco industry on August 21, 1998, in the district court of 
     Lancaster County; and
       Whereas, the State of Nebraska and forty-five other states 
     settled their lawsuits against the tobacco industry on 
     November 23, 1998, under terms of the Tobacco Master 
     Settlement Agreement (MSA) without any assistance from the 
     federal government; and
       Whereas, under terms of the Master Settlement Agreement, 
     Nebraska's lawsuit against the tobacco industry was dismissed 
     by the district court of Lancaster County on December 20, 
     1998, and State Specific Finality was achieved in the State 
     of Nebraska on January 20, 1999; and
       Whereas, the State of Nebraska has passed legislation to 
     allocate its portion of settlement funds awarded under the 
     Master Settlement Agreement for the preservation of the 
     health of its citizens; and
       Whereas, the federal government, through the Health Care 
     Financing Administration, has asserted that it is entitled to 
     a significant share of settlement funds awarded to the 
     settling states under the Master Settlement Agreement on the 
     basis that such funds represent a portion of federal Medicaid 
     costs; and
       Whereas, the federal government previously chose not to 
     exercise its option to file a federal lawsuit against the 
     tobacco industry, but on January 19, 1999, the President of 
     the United States announced plans to pursue federal claims 
     against the tobacco industry; and
       Whereas, the State of Nebraska is entitled to all of its 
     portion of settlement funds negotiated in the Master 
     Settlement Agreement without any federal claim to such funds; 
     now, therefore, be it
       Resolved by the members of the ninety-sixth legislature of 
     Nebraska, first session:
       1. That the Legislature hereby petitions the Congress of 
     the United States and the executive branch of the federal 
     government to prohibit federal recoupment of state tobacco 
     settlement recoveries.
       2. That official copies of this resolution be prepared and 
     forwarded to the Speaker of the United States House of 
     Representatives and President of the United States Senate and 
     to all members of the Nebraska delegation to the Congress of 
     the United States with the request that it be officially 
     entered into the Congressional Record as a memorial to the 
     Congress of the United States.
       3. That a copy of the resolution be prepared and forwarded 
     to President William J. Clinton.
                                  ____

       POM-31. A resolution adopted by the Senate of the 
     Legislature of the State of Rhode Island; to the Committee on 
     Finance.

                           Senate Resolution

       Whereas, November 23, 1998, representatives from forty-six 
     (46) states signed a settlement agreement with the five (5) 
     largest tobacco manufacturers; and
       Whereas, The Attorneys General Master Tobacco Settlement 
     Agreement culminated legal action that began in 1994 when 
     states began filing lawsuits against the tobacco industry; 
     and
       Whereas, The respective states are presently in the process 
     of finalizing the terms of the Master Tobacco Settlement 
     Agreement, and are making initial fiscal determinations 
     relative to the most responsible ways and means to utilize 
     the settlement funds; and
       Whereas, Under the terms of the agreement, tobacco 
     manufacturers will pay $206 billion over the next twenty-five 
     (25) years to the respective states in up-front and annual 
     payments; and
       Whereas, Rhode Island is projected to receive 
     $1,408,469,747 through the year 2025 under the terms of the 
     Master Tobacco Settlement Agreement; and
       Whereas, Because many state lawsuits sought to recover 
     Medicaid funds spent to treat illnesses caused by tobacco 
     use, the Health Care Financing Administration (HCFA) contends 
     that it is authorized and obligated, under the Social 
     Security Act, to collect its share of any tobacco settlement 
     funds attributable to Medicaid; and
       Whereas, The Master Tobacco Settlement Agreement does not 
     address the Medicaid recoupment issue, and thus the Social 
     Security Act must be amended to resolve the recoupment issue 
     in favor of the respective states; and
       Whereas, In addition to the recoupment issue, there is also 
     considerable interest, at both the state and national levels, 
     in earmarking state tobacco settlement fund expenditures; and
       Whereas, As we move toward final approval of the Master 
     Tobacco Settlement Agreement, it is imperative that state 
     sovereignty be preserved; now, therefore, be it
       Resolved, That this Senate of the State of Rhode Island and 
     Providence Plantations do hereby memorialize the United 
     States Congress to enact legislation amending the Social 
     Security Act to prohibit recoupment by the federal government 
     of state tobacco settlement funds; and be it further
       Resolved, That it is the sense of this Senate that the 
     respective state legislatures should have complete autonomy 
     over the appropriation and expenditure of state tobacco 
     settlement funds; and be it further
       Resolved, That the Secretary of State be and he is hereby 
     authorized and directed to transmit duly certified copies of 
     this resolution to the Honorable Bill Clinton, President of 
     the United States of America; the President and the Secretary 
     of the U.S. Senate; the Speaker and the Clerk of the U.S. 
     House of Representatives; and to each member of the Rhode 
     Island Congressional Delegation.
                                  ____

       POM-32. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth

[[Page S3847]]

     of Pennsylvania to the Committee on Finance.

                               Resolution

       Whereas, In 1994, several states initiated the first 
     lawsuits against the tobacco industry based on violations of 
     state law; and
       Whereas, In 1997, suit was filed by Attorney General D. 
     Michael Fisher on behalf of the Commonwealth; and
       Whereas, In November 1998, Attorneys General from 46 
     states, including the Commonwealth, signed a settlement 
     agreement with the five largest tobacco manufacturers; and
       Whereas, As part of the national settlement with the 
     tobacco industry, the tobacco industry will pay the states 
     more than $200 billion to settle all state lawsuits; and
       Whereas, The Commonwealth will be the recipient of more 
     than $11 billion over the next 25 years; and
       Whereas, The national tobacco settlement was solely 
     attributable to states' efforts, was based on state costs and 
     was reached without any assistance from the Federal 
     Government; and
       Whereas, The Federal Government is attempting to recoup a 
     sizeable portion of the states' settlement on the theory that 
     section 1903(a)(3) of the Social Security Act (49 Stat. 620, 
     42 U.S.C. Sec. 1396b(a)(3)) entitles the Federal Government 
     to a pro rata share of the net amount recovered by a state 
     from liable third parties for the amount spent under Medicaid 
     on behalf of eligible individuals; and
       Whereas, The Federal Government is not entitled to take 
     away from the states any funds negotiated on their behalf to 
     settle state lawsuits for recovery of state costs; and
       Whereas, The Federal Government can initiate its own 
     lawsuit or settlement with the tobacco industry to recoup 
     Federal Medicaid funds; and
       Whereas, Recently, there have been unsuccessful efforts in 
     the United States Senate to earmark or otherwise impose 
     Federal restrictions on the respective states' use of state 
     tobacco settlement funds; and
       Whereas, The payments to the Commonwealth will be used to 
     fund important programs and initiatives in this Commonwealth 
     as determined by the General Assembly; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress of the United States to 
     enact legislation clarifying section 1903(a)(3) of the Social 
     Security Act (49 Stat. 620, 42 U.S.C. Sec. 1396b(a)(3)) to 
     protect the states from Federal seizure of any portion of the 
     tobacco settlement funds by the Secretary of Health and Human 
     Services as an overpayment under the Federal Medicaid 
     program; and be it further
       Resolved, That the Senate commend the United States Senate 
     for its recent actions to protect the states from loss of 
     autonomy over use of the funds and memorialize Congress to 
     support and enact legislation to fully recognize the states' 
     complete autonomy over the expenditure of state tobacco 
     settlement funds; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-33. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Puerto Rico; to the 
     Committee on Foreign Relations.

                               Resolution

       To express the request of the House of Representative of 
     Puerto Rico, to the President of the United States, William 
     Jefferson Clinton, and to the Secretary of State, Madeleine 
     Albright, for them to use all means in their power to 
     intercede in behalf of the liberation of the people arrested 
     and subject to trial in Cuba, for the sole cause of 
     dissidence towards the policies of the government of said 
     Republic, or their exercise of freedom of the press, or their 
     support of the rights of dissidents and journalists.


                          statement of motives

       The rights of freedom of speech, press and to claim redress 
     to the government of the country of which one is a citizen, 
     and to a speedy, public and impartial trial, are norms that 
     govern the rights in all places and for all people, 
     recognized as such since the time of the American and French 
     Revolutions in the XVIII century to the proclamation of the 
     Universal Declaration of Human Rights by the United Nations, 
     fifty years ago and which is still in effect.
       This last document was presented to the General Assembly 
     when the delegation of the Republic of Cuba was one of its 
     original subscribers. However, the government of our sister 
     Republic of the Antilles does not respect this principle 
     today.
       On July 16, 1997, the Cuban authorities arrested four 
     citizens: Vladimiro Roca-Antones, Marta Beatriz Roque-
     Cabello, Felix Bome-Carcases and Rene Gomez-Manzano, for the 
     sole reason of having made statements and published documents 
     in which they denounced their dissatisfaction with the thesis 
     of the governing party and exhorted the people to take 
     pacific civil action. For this action, that in Puerto Rico 
     and the democratic countries is totally acceptable in 
     politics and in community life, and which did not entail 
     any act of violence against persons or property, the Cuban 
     government accused the four of counterrevolutionary 
     activities and kept them in prison for nineteen months 
     prior to their trial. During this period, persons such as 
     Pope John Paul II--who achieved the pardon and commutation 
     of penalties for many convicts in many countries--and 
     prime minister Jean Chretien of Canada, a country with 
     which Cuba has good relations--asked for the freedom of 
     the group of four, which went unnoticed.
       In addition to this, as the date of the trial near, the 
     authorities of the neighboring country initiated a wave of 
     detentions and arrests of citizens. Some of them, for being 
     associated to dissident activities, but many others for 
     having simply stated their sympathy or asked for tolerance 
     for those who were first arrested, including the members of 
     the independent news bureau ``Cubapress''. Many were detained 
     or placed under house arrest during the last days in order to 
     prevent public demonstrations of support. The total number of 
     arrests is estimated in the hundreds, many of whom were 
     detained for short periods, and others for longer ones, and 
     some of them, such as poet Raul Rivero and the Christian-
     Democratic leader Osvaldo Paya, were still under arrest when 
     this Resolution was drafted.
       On March 1, 1999, when after nineteen months, the Cuban 
     government submitted the four dissidents to a flash trial 
     which lasted only one day, during which it used public force 
     to keep the accredited press and the public at a considerable 
     distance and prevent their access. Observers of recognized 
     diplomatic personnel of the United States, Poland, the Czech 
     Republic, Great Britain, as well as Switzerland, a neutral 
     country, and South Africa which has a revolutionary 
     government, were also denied access.
       The People of Puerto Rico, who, as our poet said, ``receive 
     flowers or bullets in the same heart'' as that of Cuba, 
     expresses solidarity with its sisters and brothers who simply 
     seek to exercise their natural and undeniable right of 
     expression, and demand a dialogue on the future of their 
     country.
       The government of Puerto Rico, due to the nature of our 
     present political status, depends on the international forum 
     of the United States government as its representative and 
     agent endowed with sovereignty, without having a direct 
     representation in the instruments of power of said 
     representative and agent. Nevertheless, the House of 
     Representatives cannot remain silent in view of this 
     situation, and, in behalf of the People of Puerto Rico, and 
     under the guarantee of freedom of speech and protest which we 
     enjoy, and which is not enjoyed in Cuba, remits to the 
     government of the United States our clamor to act through all 
     available means to intercede for the freedom of these 
     imprisoned conscientious objectors; now, therefore, be it
       Resolved by the House of Representatives of Puerto Rico:
       Section 1.--To express the clamor of the House of 
     Representatives of Puerto Rico to the President of the United 
     States, William Jefferson Clinton, and the Secretary of 
     State, Madeleine Albright, to use all means in their power to 
     intercede for the freedom of those persons detained and tried 
     in Cuba solely for their dissidence with the government 
     policies of said republic, or for their exercise of freedom 
     of the press, or their support of the rights of dissidents 
     and journalists.
       Section 2.--To state our special concern in the case of 
     journalists, authors and communicators such as Vladimir Roca-
     Antones, Marta Beatriz Roque-Cabello, Felix Bonne-Carcases 
     and Rene Gomez-Manzano, and the members and directors of 
     independent news bureaus.
       Section 3.--This Resolution shall be translated and 
     remitted expeditiously to the President of the United States, 
     William Jefferson Clinton, and to the Secretary of State, 
     Madeleine Albright, as well as to the presidents of both 
     houses of the Congress of the United States.
       Section 3.--This Resolution shall take effect immediately 
     after its approval.
                                  ____

       POM-34. A concurrent resolution adopted by the Assembly of 
     the State of North Dakota; to the Committee on Rules and 
     Administration.

                 Senate Concurrent Resolution No. 4024

       A concurrent resolution designating Sakakawea to be honored 
     and memoralized with a statue in the National Statuary Hall 
     in the United States Capitol in Washington, D.C.
       Whereas, Sakakawea was a traveler and guide, a translator, 
     a diplomat, and a wife and mother; and
       Whereas, Sakakawea was an Indian woman guide for Meriwether 
     Lewis and William Clark and Sakakawea's indomitable spirit 
     was a deciding factor in the success of Lewis and Clark's 
     two-year expedition to the northwest quadrant of the United 
     States; and
       Whereas, William Clark wrote in 1806 that Sakakawea 
     deserved a greater reward for her attention and services on 
     the expedition that he had in his power to give her; and
       Whereas, Sakakawea is a legend of truly historic dimensions 
     who lived in what would later become North Dakota and who 
     made a lasting contribution through her courage and 
     resourcefulness; and.
       Whereas, Sakakawea's traits--strength, courage, a generous 
     heart, and pioneering spirit--have been an essential part of 
     the character found in North Dakotans, thereby representing 
     the best of who we are and why we will always persevere; now, 
     therefore, be it
       Resolved by the Senate of North Dakota, the House of 
     Representatives concurring therein:

[[Page S3848]]

     That the Fifty-sixth Legislative Assembly designate Sakakawea 
     to be honored and memorialized with a statue in the National 
     Statuary Hall in the United States Capitol in Washington, 
     D.C.; and be it further
       Resolved, That the Secretary of State forward copies of 
     this resolution to the chairman of each Indian tribe in this 
     state, to each member of the North Dakota Congressional 
     Delegation, and to the President of the Senate and the 
     Speaker of the House of Representatives of the United States 
     Congress.

                          ____________________