[Congressional Record Volume 146, Number 140 (Monday, October 30, 2000)]
[Senate]
[Pages S11372-S11374]
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-631. A petition from a citizen of the State of Texas 
     relative to the ``Latino and Immigrant Fairness Act of 
     2000''; to the Committee on the Judiciary.
       POM-632. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     ``The Mighty Eighth Air Force Week''; to the Committee on the 
     Judiciary.

                       Senate Resolution No. 119

       Whereas, formed and dispatched to England in 1942, the 
     Eighth Air Force became the largest military unit in World 
     War Ii, with more than 350,000 personnel; and
       Whereas, the Eighth Air Force, which has become known as 
     ``The Mighty Eighth,'' continues to this day as an 
     operational combat unit, having been served by more than 1 
     million men and women in war and peace; and
       Whereas, not a single Mighty Eighth Air Force mission was 
     ever turned back due to enemy resistance; and
       Whereas, more than 26,000 men and women who served with the 
     Mighty Eighth Air Force were killed in action, and more than 
     28,000 prisoners of war and countless veterans are still 
     missing; and
       Whereas, during the week of October 8 through 14, 1943, the 
     Mighty Eighth Air Force lost 148 heavy bombers to enemy 
     resistance over the skies of Europe; and
       Whereas, despite significant losses, this period is 
     credited as a turning point for the continuation of daytime 
     strategic bombing over Europe; and
       Whereas, the Eighth Air Force Historical Society holds its 
     annual reunion each October; and
       Whereas, more than 20,000 Eighth Air Force Historical 
     Society members seek to inform younger generations of the 
     contributions and sacrifices of all veterans; and
       Whereas, each year during the week of October 8 through 14, 
     Mighty Eighth Air Force veterans and friends display items in 
     memory of fellow veterans and those men and women who made 
     the supreme sacrifice; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the President and Congress of the 
     United States to proclaim and designate the week of October 8 
     through 14 this year and each year hereafter as ``The Mighty 
     Eighth Air Force Week''; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the Untied States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-633. A resolution adopted by the Senate of the 
     Commonwealth of Pennsylvania relative to the Balanced Budget 
     Act of 2000; to the Committee on the Judiciary.

                       Senate Resolution No. 204

       Whereas, Medicare was enacted in 1965 as a social insurance 
     program providing health care benefits to older Americans and 
     individuals with disabilities; and
       Whereas, the program serves 39 million beneficiaries 
     nationwide; and
       Whereas, there are currently 2,129,756 Medicare eligible 
     citizens in the Commonwealth of Pennsylvania and 589,070 
     Medicare HMO enrollees; and
       Whereas, the Balanced Budget Act of 1997 ensures the 
     financial health of the Medicare program until 2008; and
       Whereas, the Balanced Budget Act of 1997 created the 
     Medicare Plus Choice program to expand managed care options 
     for beneficiaries and protect health care access, 
     affordability and quality; and
       Whereas, the implementation of the Medicare Plus Choice 
     program has been carried out as intended by Congress; and
       Whereas, six of the 13 Medicare insurers in Pennsylvania 
     have announced that they will terminate their Medicare 
     contracts completely or reduce their counties served in 2001 
     because of inadequate Medicare payment rates and methodology 
     as well as program overregulation; and
       Whereas, approximately 58,000 beneficiaries in 29 counties 
     will be impacted, resulting in a 10% decrease in the number 
     of Medicare eligible HMO enrollees; and
       Whereas, several Medicare insurers have announced plans to 
     reduce benefit levels and increase premiums in 2001 in 
     response to inadequate payment rates and methodology as well 
     as program overregulation; and
       Whereas, hospitals and health systems in Pennsylvania are 
     facing a $3.6 billion cut in Medicare reimbursements, and 
     more than four out of five hospitals are unable to cover 
     operating expenses with patient revenues; and
       Whereas, inadequate Medicare payments as a result of the 
     Balanced Budget Act of 1997 are directly impacting 
     beneficiaries' ability to retain health care coverage and 
     choose their healthcare plan; and
       Whereas, in light of an anticipated Federal budget surplus, 
     Congress has an opportunity to ensure that the original goals 
     of the Medicare Plus Choice program are achieved and that 
     Medicare beneficiaries have access to affordable, quality 
     health care in their communities; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge Congress to enact additional Balanced 
     Budget Act relief in 2000 through adequate payments to 
     Medicare insurers and Medicare providers.
                                  ____

       POM-634. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     strengthening of the Medicare+Choice program; to the 
     Committee on Finance.

                        House Resolution No. 609

       Whereas, the Congress of the United States created the 
     Medicare+Choice program under the Balanced Budget Act of 
     1997; and
       Whereas, the intent of Congress in creating Medicare+Choice 
     was to allow beneficiaries to have access to a wide array of 
     private health plan choices in addition to traditional fee-
     for-service Medicare; and
       Whereas, at the end of 1999, more than 560,000 
     Pennsylvanians were enrolled in a Medicare HMO; and
       Whereas, in late July 2000, the Health Care Financing 
     Administration (HCFA) released information on Medicare HMO 
     contract renewals, service area reductions and terminations; 
     and
       Whereas, in Pennsylvania, these changes will affect 
     approximately 90,000 beneficiaries Statewide; and
       Whereas, almost 15,000 of these individuals must return to 
     the Medicare fee-for-service program since there is no other 
     Medicare HMO available in their county of residence; and
       Whereas, given the losses Medicare HMOs have experienced 
     over the past several years, the number of HMOs serving 
     Medicare beneficiaries continues to decline; and
       Whereas, the Medicare Payment Advisory Commission (MEDPAC) 
     does not support raising the Medicare+Choice floor payment 
     rate to slow the rate of health plan departures from the 
     program; and
       Whereas, Medicare+Choice plans are not receiving adequate 
     resources to provide beneficiaries the benefits they need and 
     deserve; and
       Whereas, Medicare beneficiaries value the high quality, 
     affordable health care coverage they receive through 
     Medicare+Choice plans; therefore be it
       Resolved, That the House of Representatives memorialize 
     Congress to enact legislation which strengthens the 
     Medicare+Choice program by reducing administrative 
     requirements in the program, increasing payment rates to HMOs 
     to a level which accurately reflects the costs of providing 
     benefits to recipients in the program and providing for 
     prescription drug coverage; 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-635. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Health Care Financing Administration; to the Committee on 
     Finance.

                        House Resolution No. 617

       Whereas, over a half million senior citizens across the 
     Commonwealth of Pennsylvania have been severely affected by 
     the problems of Medicare HMO withdrawals, increases in 
     premiums and decreases in benefit packages effective January 
     1, 2001; and
       Whereas, this year 65 managed care companies chose not to 
     renew their Medicare+Choice contracts for 2001; and
       Whereas, seniors on fixed incomes who rely on their Federal 
     and State Governments to provide them with some measure of 
     health care protection are now facing extreme uncertainty; 
     and
       Whereas, approximately 577,000 Pennsylvania seniors who are 
     members of a Medicare HMO are facing substantial plan 
     coverage changes effective January 1, 2001; and
       Whereas, ninety thousand of these seniors in 38 counties 
     across this Commonwealth are being dropped from their HMOs; 
     and
       Whereas, thousands of seniors living in a county from which 
     their Medicare HMO is not withdrawing may be dropped from 
     their plan because their county code for Social Security 
     purposes or their zip code, or both the county code and zip 
     code, is identified as being in the neighboring county from 
     which the Medicare HMO is withdrawing; and
       Whereas, many of these seniors may not have received 
     information that they need to ensure that these county code 
     or zip code or both code problems are corrected, and other 
     seniors are consistently receiving misinformation from their 
     Medicare HMO regarding the status of their coverage as of 
     January 1, 2001; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Health Care 
     Financing Administration and health insurers withdrawing 
     their Medicare HMO coverage in any

[[Page S11373]]

     county within Pennsylvania to take immediate steps to ensure 
     that subscribers who live in a county that is not impacted by 
     the insurer's withdrawal are not mistakenly dropped from 
     their plan; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Secretary of the United States Department of Health and 
     Human Services, the members of Congress from Pennsylvania, 
     the Secretary of Aging of the Commonwealth, the Insurance 
     Commissioner of the Commonwealth and each health insurer 
     offering Medicare HMO coverage in Pennsylvania.
                                  ____

       POM-636. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     Food and Drug Administration; to the Committee on Health, 
     Education, Labor, and Pensions.

                       Senate Resolution No. 215

       Whereas, several committees of the Senate of the 
     Commonwealth of Pennsylvania have conducted hearings 
     throughout this Commonwealth attempting to ascertain the 
     casual factors behind the rising costs of prescription drugs 
     as well as the enormous impact on both private and government 
     purchasers; and
       Whereas, in recent years the cost of prescription 
     medication has climbed at an astonishing rate, due in part to 
     increased utilization spurred by advertising and promotional 
     activities comparable to Hollywood's finest productions; and
       Whereas, the FDA, under the purview and guidance of the 
     Clinton Administration, eliminated necessary restrictions on 
     drug advertising, thereby ending decades of consumer 
     protection; and
       Whereas, the FDA, with the consent of the Clinton 
     Administration, allowed these dangerous and wasteful 
     practices to commence, making the United States the only 
     country in the world that allows direct-to-consumer 
     advertising of prescription drugs; and
       Whereas, Citizens for consumer Justice, a Statewide 
     consumer group, indicates that these promotions and 
     advertisements, not research and development, are the 
     pharmaceutical industry's fastest growing expenditure; and
       Whereas, such increased advertising has been shown to be 
     effective in increasing market share since ten of the most 
     heavily advertised drugs account for almost 25% of total drug 
     expenditures; and
       Whereas, the top 25 direct-to-consumer advertised drugs 
     posted sales growth totaling 43.2% in 1999 alone, and such 
     growth clearly exceeds the 13% growth posted by other 
     nonmarketed drugs; and
       Whereas, increased advertising can create a demand for the 
     product rather than an actual medical need; and
       Whereas, grave problems can arise when increased use is 
     merely the result of increased marketing with no 
     corresponding improvement in health; and
       Whereas, it appears that increased marketing may prove to 
     be a more profitable investment for manufacturers than 
     further research and development; and
       Whereas, in 1999 pharmaceutical companies spent 33 times as 
     much in the direct-to-consumer advertising as they did in 
     1993, causing expenditures to rise from $55 million to more 
     than $2 billion; and
       Whereas, prescription drugs are now the fastest growing 
     segment of health care spending, rising 18% from $79 billion 
     in 1997 to $93.4 billion in 1998; and
       Whereas, in 1999 spending rose 19% from the previous year, 
     and comparable increases are expected to occur in future 
     years; and
       Whereas, an industry representative testified that the 
     introduction of a generic product immediately lowers a drug's 
     price by 30% to 80%; and
       Whereas, the Federal Trade Commission has alleged that some 
     pharmaceutical companies have paid generic drug manufacturers 
     to forego or delay manufacturing of certain medications; and
       Whereas, consumers in the United States pay more for the 
     same medication than consumers in other countries as a result 
     of these practices; and
       Whereas, the runaway cost of prescription medications 
     affects all Americans, not just Pennsylvanians or the 
     elderly; and
       Whereas, constant bombardment of drug advertisements has 
     the potential to have a serious negative effect on children 
     by giving them the distorted message that the consumption of 
     drugs is a desirable behavior which resolves all of life's 
     difficulties, which message is counterproductive at best and 
     counteracts government and community-based efforts to prevent 
     tobacco, alcohol and drug abuse by children; therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania implore the Congress of the United States to 
     review the actions of the FDA, whose marketing guidelines 
     appear to promote and advance the best interests of the drug 
     companies and their advertising outlets rather than the 
     American consumer; and be it further
       Resolved, That the Congress and the FDA move to prohibit 
     direct consumer marketing or in the alternative to impose 
     tighter restrictions; and be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the presiding officers of 
     each house of Congress, each member of Congress from 
     Pennsylvania and the Commissioner of the Food and Drug 
     Administration.
                                  ____

       POM-637. a joint resolution adopted by the General Assembly 
     of the State of Rhode Island relative to the Reauthorization 
     of the Individuals With Disabilities Education Act; to the 
     Committee on Appropriations.

                            Joint Resolution

       Whereas, The Congress of the United States twenty-five 
     years ago enacted the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.) with a commitment of forty 
     percent (40%) federal funding of the costs of local school 
     districts and states in carrying out the mandates of the 
     Individuals with Disabilities Education Act (``IDEA''); and
       Whereas, The Congress of the United States recognized in 
     1994 the Congressional ``commitment of forty percent (40%) 
     federal funding'' and further recognized that it was only 
     federally funded at the rate of eight percent (8%) (20 U.S.C. 
     6062); and
       Whereas, The federal appropriation of $5 billion for the 
     federal fiscal year ending September 30, 2000 is projected to 
     fund only 12.7% of the cost of carrying out the mandate of 
     IDEA and due to increasing costs, will probably provide even 
     less than 12.7% federal funding; and
       Whereas, Local school districts in Rhode Island and 
     throughout the United States are mandated to meet the 
     spiraling costs of carrying out the provisions of IDEA; and
       Whereas, The failure of the Congress of the United States 
     to fully fund its original commitment of forty percent (40%) 
     federal funding has placed a severe burden upon local school 
     districts to meet the costs of the federal mandate, resulting 
     in an insufferable burden upon local taxpayers and diversion 
     of funds from other education programs, thus lessening the 
     quality of education; and
       Whereas, It is time now, twenty-five years after the 
     enactment of IDEA, that the Congress of the United States 
     appropriate the funds necessary to fully fund its original 
     commitment to provide forty percent (40%) federal funding of 
     the costs of carrying out the provisions of IDEA; now, 
     therefore be it
       Resolved, That this General Assembly of the State of Rhode 
     Island and Providence Plantations hereby memorializes the 
     Congress of the United States during the reauthorization of 
     the Individuals with Disabilities Education Act to fulfill 
     the original commitment of the Congress of the United States 
     to provide for forty percent (40%) federal funding to local 
     school districts to carry out the mandates of the Individuals 
     with Disabilities Education Act; and be it further
       Resolved, That the Secretary of State be and he hereby is 
     authorized and directed to transmit a duly certified copy of 
     this resolution to: (1) each member of the Rhode Island 
     delegation in the Congress of the United States; (2) the 
     President of the United States; (3) the President of the 
     Senate in the Congress of the United States; (4) the Speaker 
     of the House of Representatives in the Congress of the United 
     States; (5) the Chairman of the Health, Education, Labor and 
     Pensions Committees in the Senate in the Congress of the 
     United States; and (6) the Chairmen of the Education and the 
     Workforce Committees in the House of Representatives in the 
     Congress of the United States.
                                  ____

       POM--638. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     independence from imported petroleum within five years; to 
     the Committee on Energy and Natural Resources.

                        House Resolution No. 531

       Whereas, Earlier administrations resolved to free the 
     United States from dependence upon foreign oil by increasing 
     Corporate Average Fuel Economy (CAFE) standards, promoting 
     energy conservation and efficiency and developing renewable 
     energy sources; and
       Whereas, As headlines of oil crises fade into obscurity, so 
     too have government actions to decrease United States 
     reliance on petroleum products; and
       Whereas, Tightening in oil markets and the spikes in 
     gasoline and home heating oil prices offer new opportunities 
     to focus on United States dependence upon petroleum imports 
     and the need to find substitute energy sources and 
     technologies; and
       Whereas, Our day-to-day, pervasive dependence on foreign 
     oil is ignored at great peril to our economic security; and
       Whereas, The national security implications of the United 
     States dependence upon foreign oil influences and foreign 
     policy decisions affecting Israel, other Mideastern 
     countries, Russia and China and many of the world hot spots 
     are constrained by the United States tie to oil; and
       Whereas, The United States Government and the United States 
     military must blaze new territory and search new frontiers of 
     knowledge and technology for energy independence that will 
     provide security into the distant future; and
       Whereas, Parochial interests must be set aside to invest in 
     true energy security and to consider renewable energy sources 
     that are unconstrained by resource depletion, availability 
     and waste disposal problems in the United States; and
       Whereas, The commitment needed to lead to energy 
     independence is the same as that of government to sponsor 
     investment in highways and space exploration, setting the 
     direction for private enterprise to follow; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United

[[Page S11374]]

     States to recognize that energy security is a national 
     security issue and that oil is a powerful weapon and to 
     develop an energy strategy that promotes alternatives to 
     imported petroleum to meet the goal of independence from 
     foreign petroleum within five years; 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-639. A resolution adopted by the House of the General 
     Assembly of the State of Rhode Island relative to slave 
     labor/forced labor discussions in Bonn and Washington; to the 
     Committee on Foreign Relations.

                            House Resolution

       Whereas, Poland was attacked by the German Army on 
     September 1, 1939; and
       Whereas, Poland was attacked by the Soviet Army on 
     September 19, 1939 and which joined forces with the German 
     Army in celebration at Brest-Litovsk on the River Bug; and
       Whereas, Poland was the object of the secret protocols of 
     the Molotov-Ribbentrop Pact as slated for the unprecedented 
     state sponsored program of ethnic cleansing by the Nazi's and 
     the Soviets; and
       Whereas, The Soviets deported nearly two million Poles to 
     the Gulags and Siberia; and
       Whereas, The Germans forced nearly 2.4 million Polish 
     citizens from their homes to the German Third Reich Complex 
     of nearly 7000 camps; and
       Whereas, Chancellor Shroeder has acknowledged the failings 
     of past settlements to provide equal compensation for all 
     Polish citizens unlike the Russians who refuse to acknowledge 
     any responsibility; and
       Whereas, There are citizens of the United States that 
     survived the German and Soviet Programs of Ethnic Cleansing 
     against the Polish Nation; and
       Whereas, President Clinton has named Deputy Secretary of 
     the Treasury Stuart Eizenstat as Chairman of the State 
     Department Negotiating Team for resolving the issue of the 
     German Accountability to the victims of the Nazi work 
     programs; and
       Whereas, No Polish Americans representation was allowed at 
     the current negotiations as a spokesman on behalf of Polish 
     American survivors; and
       Whereas, By reason of not permitting Polish American 
     representation, the State Department has full responsibility 
     for the current state of negotiations; and
       Resolved, That Polish Americans' desire that the German 
     Government bring closure to the living survivors of the Nazi 
     atrocities; and be it further
       Resolved, That the German Government and the German 
     Industrial Complex which profited immensely from the slave/
     forced labor program make certain that this final settlement 
     shall establish both an industrial and a Bundestag approved 
     Government fund; and be it further
       Resolved, That the German Government and German industry 
     shall ensure that the industrial fund and the approved 
     Bundestag fund combined or separately shall be comprehensive 
     and sufficient in value to equally compensate all surviving 
     victims of the Agrarian, Industrial, Municipal and Service 
     slave/forced labor programs; and be it further
       Resolved, That the State Department and Deputy Secretary of 
     the Treasury has a mandate from Polish American survivors to 
     make this final agreement fair, equitable and all inclusive; 
     and be it further
       Resolved, That the Secretary of State be and he is hereby 
     authorized and directed to transmit a duly certified copy of 
     this resolution to the President of the United States, the 
     Presiding Officers of both branches of government, and to 
     Stuart Eizenstat Undersecretary of the Treasury and Chairman 
     of the State Department negotiating committee for Holocaust 
     Victims.

                          ____________________