[Congressional Record Volume 145, Number 59 (Wednesday, April 28, 1999)]
[Extensions of Remarks]
[Pages E801-E802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NEBRASKA LEGISLATURE POSITION ON TOBACCO SETTLEMENT

                                 ______
                                 

                             HON. LEE TERRY

                              of nebraska

                    in the house of representatives

                       Wednesday, April 28, 1999

  Mr. TERRY. Mr. Speaker, on March 22, 1999, the Nebraska Unicameral 
Legislature passed Legislative Resolution No. 22. The resolution 
petitions Congress and the executive branch to prohibit federal 
recoupment of state tobacco settlement recoveries.
  I agree with the Legislature that the funds received under the 
tobacco settlement should remain with the states. Nebraska's portion of 
the settlement funds will be used for the preservation of the health of 
its citizens. I oppose

[[Page E802]]

any effort by the federal government, which was not a party to the 
settlement, to claim a portion of these funds.
  I call the text of the resolution to the attention of my colleagues, 
as follows.

                              Nebraska Unicameral Legislature,

                                                   March 23, 1999.
     Hon. Lee Terry,
     House of Representatives, Longworth House Office Bldg., 
         Washington, DC 20515.
       Dear Congressman Terry: I have enclosed a copy of engrossed 
     Legislative Resolution No. 29 adopted by the Nebraska 
     Unicameral Legislature on the twenty-second day of March 
     1999. The members of the Nebraska Legislature have directed 
     me to forward this resolution to you and to request that it 
     be officially entered into the Congressional Record.
       With kind regards.
           Sincerely,
                                             Patrick J. O'Donnell,
                                         Clerk of the Legislature.
       Enclosed.


   NINETY-SIXTH LEGISLATURE, FIRST SESSION, 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 for 
     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.


     
                                  ____
                                    Congress of the United States,


                                     House of Representatives,

                                   Washington, DC, April 30, 1999.
     Patrick J. O'Donnell,
     Clerk of the Legislature, Lincoln, Nebraska.
       Dear Mr. O'Donnell: Pursuant to the request of the 
     Legislature, I have entered into the Congressional Record 
     Resolution No. 29, adopted on March 22, 1999. A copy of the 
     appropriate section of the record is enclosed.
       I am pleased to be of assistance in bringing this important 
     matter to the attention of my colleagues.
           Sincerely,
                                                        Lee Terry,
                                               Member of Congress.

     

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