[Congressional Record (Bound Edition), Volume 145 (1999), Part 6] [Extensions of Remarks] [Pages 7829-7830] [From the U.S. 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 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 [[Page 7830]] 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. ____________________