[Congressional Record Volume 145, Number 62 (Monday, May 3, 1999)]
[Senate]
[Pages S4575-S4578]
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-70. A resolution adopted by the Senate of the 
     Legislature of the State of New Hampshire; to the Committee 
     on Energy and Natural Resources.

                        Senate Resolution No. 5

       Whereas, in 1993, Congress passed legislation authorizing 
     the building of a national World War II Memorial in 
     Washington, D.C., or its immediate environs; and
       Whereas, under the provisions of the Commemorative Works 
     Act, a construction permit must be obtained from the 
     Secretary of the Interior within 7 years of the legislation 
     authorizing the construction of the World War II Memorial, 
     that is, by May 2000; and
       Whereas the World War II Memorial shall be funded by 
     private contributions, as specified in federal law, including 
     corporate and foundation giving, veterans groups, 
     associations, and individual donations; and
       Whereas the capital campaign goal of the World War II 
     Memorial project is $100 million, of which approximately $38 
     million has been received thus far; and
       Whereas, before a construction permit will be issued, the 
     final design must be approved and all funds for construction 
     of the World War II Memorial must be on hand; and
       Whereas, in consideration of the approaching May 2000 
     deadline, the honor, courage, and memory of every veteran who 
     served in World War II shall be more appropriately served, 
     and the gratitude of a nation more fully expressed, by 
     expediting the construction process to permit construction of 
     the World War II Memorial to begin immediately; now, 
     therefore, be it
       Resolved by the Senate:
       That the honor and achievements of all World War II 
     veterans shall be best served by allowing for the 
     construction of the World War II Memorial to begin 
     immediately; and
       That Congress undertake any and all appropriate action, 
     legislative or otherwise, to permit the construction process 
     for the World War II Memorial to begin immediately; and
       That copies of this resolution, signed by the president of 
     the senate, be forwarded by the senate clerk to the President 
     of the United States, the Speaker of the United States House 
     of Representatives, the President of the United States 
     Senate, and to each member of the New Hampshire congressional 
     delegation.
                                  ____

       POM-71. A concurrent resolution adopted by the Legislature 
     of the State of Kansas; to the Committee on Appropriations.

                  House Concurrent Resolution No. 5021

       Whereas, Nearly 700,000 United States troops, including 
     7,500 Kansans, deployed to the Persian Gulf region in 
     Operation Desert Shield and Operation Desert Storm to 
     liberate Kuwait; and
       Whereas, Federal research efforts have not yet identified 
     the prevalence, patterns, causes or treatments for illnesses 
     by Gulf War veterans; and
       Whereas, Nationwide, very few Gulf War veterans who have 
     applied for disability compensation for undiagnosed illnesses 
     from the United States Department of Veterans Affairs have 
     received compensation; and
       Whereas, The Kansas Persian Gulf War Veterans Health 
     Initiative has surveyed 2031 Kansas Gulf War-era veterans; 
     and
       Whereas, The Kansas Gulf War Veterans Health Study 
     preliminary results indicate that 30% of deployed veterans 
     suffer from a complex of symptoms characterized by fatigue, 
     joint and muscle pain, cognitive and mood disturbances, and a 
     variable array of respiratory, gastrointestinal, 
     neurological, skin, and auditory problems, collectively 
     identified as Gulf War illness; and
       Whereas, The Kansas Gulf War Veterans Health Study 
     indicates that Gulf War illness occurs in identifiable 
     patterns, including differences by areas of deployment; and
       Whereas, The Kansas Gulf War Veterans Health Study 
     indicates that among veterans who did not deploy to the Gulf 
     War, Gulf War illness occurs at a significantly higher rate 
     among veterans who received vaccines during that period than 
     those who did not receive vaccines; and
       Whereas, The Kansas Gulf War Veterans Health Study 
     indicates that children of Gulf War veterans born since the 
     war were significantly more likely to have been born with 
     health problems, including birth defects, than children born 
     to nondeployed veterans during the same period; and
       Whereas, The Kansas Gulf War Veterans Health Study 
     indicates that most deployed veterans with Gulf War illness 
     continue to be employed, but 79% say their health affects 
     their ability to work; and
       Whereas, The Kansas Gulf War Veterans Health Study 
     indicates that Kansas veterans who deployed to the Gulf War 
     are significantly less likely to receive disability 
     compensation from the United States Department of Veterans 
     Affairs than nondeployed veterans of the same era; and
       Whereas, Kansas has thousands of deployable troops at 
     facilities such as Fort Riley, Fort Leavenworth, McConnell 
     Air Base, as well as reservists and members of our Kansas 
     National Guard; and
       Whereas, The results of the Kansas Persian Gulf War 
     Veterans Health Initiative are very troubling, we must do all 
     we can to prevent a repeat of ``Gulf War illness'' in any 
     future conflict that affects our Kansas military men and 
     women: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein, That we, the Kansas 
     Legislature, believe that Gulf War illness has had a severe 
     negative impact on the physical and emotional well-being of 
     Gulf War veterans who honorably served Kansas and the United 
     States; and be it further
       Resolved, That we memorialize the President and the 
     Congress of the United States to provide funding for Gulf War 
     illness research independent of that administered by the 
     United States Departments of Defense and Veterans Affairs; 
     and to establish a process of independent review of federal 
     policies and programs associated with Gulf War illness 
     research, benefits, and health care; and be it further
       Resolved, That we urge the Governor of Kansas, the 
     Secretary of Health and Environment, the Kansas Commission 
     on Veterans Affairs, and other appropriate state agency 
     heads to take action to continue to investigate Gulf War 
     illness and promote programs to inform and assist Kansas 
     Gulf War veterans and family members suffering from Gulf 
     War illness; and be it further
       Resolved, That we urge our Kansas Congressional Delegation 
     to coordinate acquisition of federal grants from the National 
     Institute of Health (N.I.H.) or other federal sources to seek 
     causes and cures for Gulf War illness; and be it further
       Resolved, That we urge our Kansas Congressional Delegation 
     to build coalitions with other states to call on Congress and 
     the administration for action in investigating and finding 
     answers to Gulf War illness; and be it further
       Resolved, That we encourage our Kansas Congressional 
     Delegation to meet with members of the Kansas Persian Gulf 
     War Veterans Initiative to coordinate efforts on the federal 
     level; and be it further
       Resolved, That the Secretary of State be directed to 
     provide an enrolled copy of this resolution to the President 
     of the United States, the Vice-President of the United 
     States, the Speaker of the United States House of 
     Representatives, the Secretary of Defense, the Secretary of 
     Veterans Affairs, and to each member of the Kansas 
     Congressional delegation; to the Governor of the State of 
     Kansas, the Secretary of Health and Environment, the 
     Secretary of Human Resources, and the Chairman of the Kansas 
     Commission on Veterans Affairs; and to the National and State 
     Commanders of the American Legion, the Veterans of Foreign 
     Wars and the Disabled American Veterans.
                                  ____

       POM-72. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Finance.

                        Joint Resolution No. 10

       Whereas, the Constitution of the United States assigns 
     certain powers and responsibilities to the Federal Government 
     and reserves the balance of those powers and responsibilities 
     to the individual states; and
       Whereas, beginning in the 1930s when the Social Security 
     System was established, public employees were excluded from 
     participation; and
       Whereas, many pension plans of state and local governments 
     have elected to complement their own pension programs through 
     coverage under the Social Security System; and
       Whereas, other public pension plans, including the Pubic 
     Employees' Retirement System of Nevada, decided not to 
     participate in the national Social Security System, but 
     rather to provide their own independent and excellent 
     programs of retirement benefits; and
       Whereas, mandatory Social Security coverage of newly hired 
     state and local governmental employees in the State of Nevada 
     will seriously disrupt our well-founded Public Employees' 
     Retirement System; and

[[Page S4576]]

       Whereas, there is no evidence to support the idea that 
     mandatory Social Security coverage of newly hired public 
     employees will solve the funding problems of the national 
     Social Security System; and
       Whereas, there are serious constitutional and 
     administrative problems with the extension of mandatory 
     Social Security coverage to newly hired public employees; now 
     therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the Legislature of the State of 
     Nevada hereby express their strong opposition to the 
     extension of mandatory Social Security coverage to newly 
     hired state and local governmental employees; and be it 
     further
       Resolved, That the Nevada Legislature hereby urges Congress 
     to oppose all efforts to extend mandatory Social Security 
     coverage to newly hired state and local governmental 
     employees; and be it further
       Resolved, That the Chief of the Assembly prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-73. A resolution adopted by the House of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Banking, Housing, and Urban Affairs.

                        House Resolution No. 130

       Whereas, Senior citizen housing was originally designed to 
     provide adequate and safe housing for older citizens in an 
     environment where residents' interests and needs were held in 
     common; and
       Whereas, Many senior citizens choose senior citizen housing 
     in order to live in a community setting around individuals of 
     common interest and common experiences while maintaining 
     independent living quarters; and
       Whereas, Senior citizen housing was designed to provide our 
     older residents with affordable housing while ensuring them a 
     quality-of-life standard; and
       Whereas, The Department of Housing and Urban Development 
     has begun placing nonsenior citizens in buildings originally 
     designed to house senior citizens; and
       Whereas, These young individuals, while meeting certain 
     eligibility requirements for placement within these housing 
     complexes, do not maintain a lifestyle conductive to that of 
     the older residents in those same complexes; and
       Whereas, Increased crime, noise and dangerous traffic 
     conditions are among the serious problems now seen in those 
     complexes where young tenants are being placed; therefore be 
     it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to urge the Department of Housing and Urban 
     Development to carefully consider the needs of all residents 
     of a complex or building with respect to placing new tenants 
     in areas previously considered to be senior citizen housing; 
     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-74. A joint resolution adopted by the Legislature of 
     the State of Maine; to the Committee on Appropriations.

                            Joint Resolution

       Whereas, the people of Maine believe that every student 
     should receive an adequate public education; and
       Whereas, it costs on average more than twice as much to 
     educate a student with a disability as to educate a student 
     without a disability; and
       Whereas, the issue of funding special education in our 
     schools is one of the people of Maine's foremost concerns; 
     and
       Whereas, when the Individuals with Disabilities Education 
     Act was first enacted, Congress committed to covering 40% of 
     the cost of special education in the United States; and
       Whereas, according to the Maine Department of Education, in 
     fiscal year 1998, the Federal Government covered only 8.15% 
     of the cost of special education in the State of Maine; and
       Whereas, special education costs paid with local and state 
     taxes have more than doubled in the past 10 years from 
     $52,697,027 in the 1987-1988 school year to $139,008,607 in 
     the 1997-1998 school year; and
       Whereas, special education costs in some Maine communities 
     consume a large percentage of local education dollars 
     including:
       1. An amount of $4,595,769 constituting 19.7% of total 
     education expenditures in the City of Auburn;
       2. An amount of $1,324,791 constituting 13.2% of total 
     education expenditures in the Town of Wiscasset;
       3. An amount of $5,758,750 constituting 21.5% of total 
     education expenditures in the City of Lewiston;
       4. An amount of $2,941,301 constituting 11.7% of total 
     education expenditures in the City of Bangor;
       5. An amount of $14,860 constituting 21.7% of total 
     education expenditures in Monhegan Plantation; and
       6. An amount of $6,357,742 constituting 12.4% of total 
     education expenditures in the City of Portland; and
       Whereas, the cost of special education has increased 
     dramatically in recent years, causing property taxes in the 
     State of Maine to rise and school districts around the State 
     to cut activities such as art and music programs, field trips 
     and extracurricular activities to maintain balanced budgets; 
     now therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the United States Congress increase funding to 
     support special education at a level originally envisioned in 
     the Individuals with Disabilities Education Act; and be it 
     further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable William J. Clinton, President of the United 
     States, the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United States 
     and each member of the Maine Congressional Delegation.
                                  ____

       POM-75. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Environment and Public Works.

                        Senate Resolution No. 53

       Whereas, the United States Supreme Court has issued a 
     series of decisions holding that the Commerce Clause of the 
     Constitution of the United States prohibits states from 
     restricting the importation of solid waste from other states; 
     and
       Whereas, over the past ten years owners and operators of 
     solid waste landfills located in this Commonwealth have 
     significantly increased the amount of municipal waste that 
     they accept from other states; and
       Whereas, New York City released a long-term waste 
     management plan on December 2, 1998, that will allow New York 
     City to close the Fresh Hills Landfill as planned on December 
     31, 2001, resulting in the export of approximately 13,000 
     tons of solid waste a day now disposed at the Fresh Hills 
     Landfill to Pennsylvania and other states; and
       Whereas, the states of Pennsylvania, West Virginia, 
     Virginia, New Jersey and Maryland notified the Mayor of New 
     York City that the recently released waste plan to manage 
     waste displaced by the closure of Fresh Hills Landfill did 
     not adequately address limiting the exportation of the waste 
     as well as other viable waste management alternatives; and
       Whereas, the present and projected future levels of 
     municipal waste that owners and operators of landfills and 
     incinerators located in this Commonwealth import from other 
     states pose environmental, aesthetic and traffic problems and 
     is unfair to citizens of this Commonwealth, particularly 
     citizens living in areas where landfills and incinerators are 
     located; and
       Whereas, Pennsylvania has met its recycling goal of 25% and 
     has established a new goal of 35% by the year 2003; and
       Whereas, it is within the power of the Congress of the 
     United States to delegate authority to the states to restrict 
     the amount of municipal waste imported from other states; and
       Whereas, legislation has been introduced in Congress which 
     will regulate and restrict the amount of municipal waste 
     imported from other states; and
       Whereas, Governor Thomas J. Ridge and the governors of the 
     Great Lakes states of Ohio, Michigan and Indiana wrote to 
     Congress expressing their desire to reach an accord on 
     authorizing states to place reasonable limits on the 
     importation of solid waste; and
       Whereas, the failure of Congress to act will harm this 
     Commonwealth by allowing the continued unrestricted flow of 
     solid waste generated in other states to landfills and 
     incinerators located in this Commonwealth; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the President of the United States 
     and Congress and the states to support legislation 
     authorizing states to restrict the amount of solid waste 
     being imported from other states and creating a rational 
     solid waste management strategy that is equitable among the 
     states and environmentally sound; and be it further
       Resolved, That the Senate memorialize the President of the 
     United States and Congress to support legislation that gives 
     communities hosting landfills and incinerators the right to 
     decide by agreement whether to accept waste from other states 
     and that creates a rational municipal waste management 
     strategy that is equitable among the states and 
     environmentally sound; and be it further
       Resolved, that copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-76. A joint resolution adopted by the Legislature of 
     the State of Nevada; to the Committee on Foreign Relations.

                     Senate Joint Resolution No. 13

       Whereas, good health is a basic right for every citizen of 
     the world and access to the highest standards of health 
     information and services is necessary to help guarantee this 
     right; and
       Whereas, participation in international health programs is 
     crucial to world health as the potential for the spread of 
     various infectious diseases increases proportionately with 
     the increase in world trade and travel; and
       Whereas, the World Health Organization set forth in the 
     first chapter of its charter the objective of attaining the 
     highest possible level of health for all people; and

[[Page S4577]]

       Whereas, in 1977, the World Health Organization established 
     ``Health for all by the year 2000'' as its overriding 
     priority and reaffirmed that commitment in 1995 with the 
     initiation of its ``Health for All'' renewal process; and
       Whereas, this country's population of 21 million is larger 
     than three-quarters of the member states already in the World 
     Health Organization and Taiwan shares the noble goals of the 
     organization; and
       Whereas, the achievements of Taiwan in the field of health 
     are substantial, including one of the highest life expectancy 
     levels in Asia, maternal and infant mortality rates 
     comparable to those of western countries, the eradication of 
     such infectious diseases as cholera, smallpox and the plague 
     and the first country in the world to provide children with 
     free hepatitis B vaccinations; and
       Whereas, before its loss of membership in the World Health 
     Organization in 1972, Taiwan sent specialists to serve in 
     other member countries on countless health projects and its 
     health experts held key positions in the organization, all to 
     the benefit of the entire Pacific region; and
       Whereas, presently, this remarkable country is not allowed 
     to participate in any forums and workshops organized by the 
     World Health Organization concerning the latest technologies 
     in the diagnosis, monitoring and control of diseases; and
       Whereas, in recent years, the government and the expert 
     scientists and doctors in the field of medicine of Taiwan 
     have expressed a willingness to assist financially or 
     technically in international aid and health activities 
     supported by the World Health Organization, but these offers 
     have ultimately been refused; and
       Whereas, according to the constitution of the World Health 
     Organization, Taiwan does not fulfill the criteria for 
     membership; and
       Whereas, because the World Health Organization does not 
     allow observers to participate in the activities of the 
     organization and considering all of the benefits that such 
     participation would bring, it is in the best interests of all 
     persons in this World that Taiwan be admitted to the World 
     Health Organization, now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the 70th session of the Nevada 
     Legislature do hereby urge President Clinton and the Congress 
     of the United States to support all efforts made by Taiwan of 
     the Republic of China to gain meaningful participation in the 
     World Health Organization; and be it further
       Resolved, That the policy of the United States should 
     include the pursuit of an initiative in the World Health 
     Organization that would ensure such participation; and be it 
     further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the President of the 
     United States, the Vice President of the United States as the 
     presiding officer of the Senate, the Speaker of the House of 
     Representatives, the Secretary of Health, Education and 
     Welfare, the World Health Organization, the Director General 
     of the Taipei Economic and Cultural Office in San Francisco 
     and each member of the Nevada Congressional Delegation; and 
     be it further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-77. A resolution adopted by the House of the 
     Legislature of the State of New Hampshire to the Committee on 
     Appropriations.
       Whereas, the White Mountain National Forest consists of 
     720,000 acres in 35 different communities and 14 
     unincorporated places in New Hampshire; and
       Whereas, the presence of national forest land provides both 
     economic benefits and burdens to these communities; and
       Whereas, adequate funding by Congress of the Land and 
     Resource Management Plan ensures that the full economic, 
     social and conservation benefits of proper management are 
     received by these communities; and
       Whereas, full payment in lieu of taxes by the federal 
     government ensures that these communities receive revenues 
     comparable to revenues these lands would generate in property 
     taxes were they in private ownership; and
       Whereas, full funding of the forest plan and full payment 
     in lieu of taxes constitute a fiscal relationship between the 
     federal government and the White Mountain National Forest 
     communities that is essential to maintaining public trust and 
     support for continued management of these lands by the 
     federal government; now, therefore, be it
       Resolved by the House of Representatives:
       That an annual report be issued by the United States 
     Department of Agriculture Forest Service for public view and 
     distribution, containing National Forest contributions to 
     local towns in lieu of property taxes, statistics on revenues 
     from timber sales, information regarding road construction, 
     and approximate numbers of those who use the White Mountain 
     National Forest for recreation and the economic impact on 
     area business; and
       That the federal government should make full funding of the 
     Land and Resource Management Plan its highest priority in 
     relation to its ownership and management of the White 
     Mountain National Forest; and
       That the federal government fully fund its statutory 
     obligation to make payment in lieu of taxes to New Hampshire 
     communities which contain land within the White Mountain 
     National Forest; and
       That copies of this resolution be forwarded by the house 
     clerk to the President of the United States, the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, and the member of the New Hampshire 
     congressional delegation.
       POM-78. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii; to the Committee on 
     Appropriations.

                        Senate Resolution No. 25

       Whereas, during World War II, the United States forcibly 
     removed and interned over 120,000 United States citizens and 
     legal permanent residents of Japanese ancestry from their 
     homes and relocated them to government internment camps; and
       Whereas, in addition, the United States arranged the 
     deportation of over 2,264 men, women, and children of 
     Japanese ancestry from thirteen Latin American countries to 
     the United States to be interned and used in prisoner of war 
     exchanges with Japan; and
       Whereas, in 1988, the United States Congress passed, and 
     President Reagan signed, the Civil Liberties Act of 1988 (the 
     Act), which acknowledged the fundamental injustice of that 
     evacuation, relocation, and internment, and to apologize on 
     behalf of the people of the United States for the wrongs done 
     to United States citizens and legal permanent residents of 
     Japanese ancestry; and
       Whereas, that Act further sought to make restitution to 
     those individuals of Japanese ancestry who were interned by 
     authorizing a $20,000 redress payment to each citizen and 
     legal permanent resident of Japanese ancestry who was 
     deprived of liberty or property as a result of government 
     action; and
       Whereas, the Act directed the United States Treasury to 
     distribute these payments, to which Congress appropriated 
     $1,650,000,000 between October 1990 and October 1993; and
       Whereas, in a subsequent settlement of a class action suit, 
     the United States agreed to send a letter of apology and to 
     pay a $5,000 redress payment from the same fund to each 
     formerly interned Japanese Latin American; and
       Whereas, to fulfill its educational purpose of informing 
     the public about the internment so as to prevent the 
     recurrence of similar events, the Act also created the Civil 
     Liberties Public Education Fund to make disbursements for 
     research and educational activities up to a total of 
     $50,000,000; and
       Whereas, Congress specified in the Act that the principal 
     of $1,650,000,000 was to be invested in government 
     obligations and earn interest at an annual rate of at least 
     five per cent; and
       Whereas, in 1998, a Japanese Peruvian former internee and 
     the National Coalition for Redress/Reparations filed a class 
     action suit alleging that the Treasury Department breached 
     its fiduciary duty by failing to invest the funds mandated by 
     Congress, and seeking to recover the lost interest which is 
     estimated to be between $50,000,000 and $200,000,000; and
       Whereas, while the reparations fund has made payments to 
     approximately eighty-two thousand claimants, there will not 
     be sufficient money in the trust fund established by Congress 
     to pay all of the remaining claims by Japanese Americans and 
     Japanese Latin Americans or to meet the goal of $50,000,000 
     in educational grants; and
       Whereas, a United States Justice Department official has 
     apparently acknowledged that the funds were not invested as 
     originally mandated by Congress, and that the $1,650,000,000 
     has all been spent, although claims are still pending; and
       Whereas, the Legislature finds that while nothing can 
     replace the loss of civil liberties suffered by those who 
     were forced to evacuate their homes and relocate to 
     internment camps on the basis of their ancestry, a formal 
     apology and token redress payment to these individuals of 
     Japanese ancestry is the least that can be done to compensate 
     them for the loss of their rights; now, therefore, be it
       Resolved by the Senate of the Twentieth Legislature of the 
     State of Hawaii, Regular Session of 1999, That the United 
     States government is urged to restore redress funds to pay 
     all outstanding Japanese American and Japanese Latin American 
     redress claims and to fulfill the educational mandate of the 
     act; and be it further
       Resolved, That certified 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, Hawaii's 
     congressional delegation, and the Governor of Hawaii.
                                  ____

       POM-79. A resolution adopted by the Legislature of the 
     State of Minnesota; to the Committee on Finance.

                            Resolution No. 2

       Whereas, the State of Minnesota entered into a settlement 
     agreement on May 8, 1998, ending the lawsuit brought by the 
     state against the tobacco industry; and
       Whereas, the federal government has not brought its own 
     lawsuit against the tobacco industry; and
       Whereas, the federal government, through the Health Care 
     Financing Administration, has asserted that it is entitled to 
     a share of the state settlement on the basis that it 
     allegedly represents the federal share of Medicaid costs; and
       Whereas, the federal government asserts that it is 
     authorized and obligated, under the third-party recovery 
     provisions of the Social

[[Page S4578]]

     Security Act, to collect its share of any settlement funds 
     attributable to Medicaid; and
       Whereas, the state lawsuit was brought in state court under 
     state law theories of consumer fraud, unlawful trade 
     practices, deceptive trade practices, false advertising, 
     unreasonable restraints of trade, and the use of monopoly 
     power to affect competition in violation of the laws of the 
     State of Minnesota; and
       Whereas, the state initiated the lawsuit without any 
     financial, technical, or other assistance from any branch or 
     agency of the federal government, and settled without any 
     assistance from the federal government; and
       Whereas, the state is entitled to all of the funds 
     negotiated in the tobacco settlement agreement entered into 
     on May 8, 1998, without any federal claim; now, therefore, be 
     it
       Resolved by the Legislature of the State of Minnesota, That 
     it urges the Congress and the Administration to support 
     legislation that would explicitly prohibit the federal 
     government from claiming or recouplng any state tobacco 
     settlement recoveries. Be it further
       Resolved, That the United States Senators elected from 
     Minnesota are requested to become cosponsors of S346 
     introduced in the Senate on February 3, 1999, by Senators 
     Hutchison and Graham, and the United States Representatives 
     elected from Minnesota are requested to become cosponsors of 
     HR351 introduced in the House of Representatives on January 
     19, 1999, by Representative Bilirakis and Franks. Be it 
     further,
       Resolved, That the Secretary of State of the State of 
     Minnesota is directed to prepare copies of this memorial and 
     transmit them to the President of the United States, the 
     President and the Secretary of the United States Senate, the 
     Speaker and Clerk of the United States House of 
     Representatives, and Minnesota's Senators and Representatives 
     in Congress.
                                  ____

       POM-80. A resolution adopted by the Board of County 
     Commissioners, Collier County, Florida relative to English as 
     the Official Language of Collier County; to the Committee on 
     Governmental Affairs.

                          ____________________