[Congressional Record Volume 149, Number 127 (Tuesday, September 16, 2003)]
[Senate]
[Pages S11565-S11568]
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-269. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to a permanent repository for high-level nuclear 
     waste; to the Committee on Environment and Public Works.

                   House Concurrent Resolution No. 48

       Whereas, over the past four decades, nuclear power has 
     become a significant source for the nation's production of 
     electricity. Michigan is among the majority of states that 
     derive energy from nuclear plants; and
       Whereas, since the earliest days of nuclear power, the 
     great dilemma associated with this technology is how to deal 
     with the waste material that is produced. This high-level 
     radioactive waste material demands exceptional care in all 
     facets of its storage and disposal, including the 
     transportation of this material; and
       Whereas, in 1982, Congress passed the Nuclear Waste Policy 
     Act of 1982. This legislation requires the federal 
     government, through the Department of Energy, to build a 
     facility for the permanent storage of high-level nuclear 
     waste. This act, which was amended in 1987, includes a 
     specific timetable to identify a suitable location and to 
     establish the waste facility. The costs for this undertaking 
     are to be paid from a fee that is assessed on all nuclear 
     energy produced; and
       Whereas, in accordance with the federal act, Michigan 
     electric customers have paid $405.8 million into this federal 
     fund for construction of the federal waste facility; and
       Whereas, there are serious concerns that the federal 
     government is not complying with the timetables set forth in 
     federal law. Every delay places our country at greater risk, 
     because the large number of temporary storage sites at 
     nuclear facilities across the country make us vulnerable to 
     potential problems. The events since September 11, 2001, 
     clearly illustrate the urgency of the need to establish a 
     safe and permanent high-level nuclear waste facility as soon 
     as possible. The Department of Energy, working with the 
     Nuclear Regulatory Commission, must not fail to meet its 
     obligation as provided by law. There is too much at stake: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring). That we support the United States Department of 
     Energy and the Nuclear Regulatory Commission in their efforts 
     to fulfill their obligation to establish a permanent 
     repository for high-level nuclear waste; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the United States Department of Energy, the Nuclear 
     Regulatory Commission, 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-270. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to beach grooming on 
     private property; to the Committee on Environment and Public 
     Works.

                  Senate Concurrent Resolution No. 26

       Whereas, the most effective stewardship of our environment 
     includes both public and private participation. Michigan has 
     recently taken an important step in the direction of caring 
     for our shorelines and beaches with the enactment of 
     legislation permitting shoreline property owners to take 
     certain actions to maintain beaches within specific 
     guidelines; and
       Whereas, with the reduction in lake levels, shoreline 
     property has changed dramatically in many areas. In many 
     instances, beaches have been transformed by vegetation, which 
     has led property owners to seek authority to groom the 
     beaches. However, the potential for conflict with the long-
     term integrity of shore lands and habitat required extensive 
     discussions to develop an effective and responsible strategy; 
     and
       Whereas, as a result of the input of individual property 
     owners, local landowner and environmental groups, state 
     officials, and lawmakers, Michigan has enacted legislation, 
     2003 PA 14 (Enrolled House Bill No. 4257), that will allow 
     property owners to remove vegetation and debris from beaches. 
     These actions are limited in scope and strike a workable 
     balance between legitimate recreational concerns and 
     environmental considerations; and
       Whereas, the effective compromise established with regard 
     to maintenance on Michigan beaches will be far more 
     productive than contentiousness between property owners and 
     governmental regulators. This legislation capitalizes on the 
     shared commitment private and public interests have in the 
     quality and the appearances of our beaches: Now, therefore, 
     be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to work with the appropriate federal agencies in 
     adopting guidelines on beach maintenance activities as 
     defined in 2003 PA 14. We also encourage the United States 
     Army Corps of Engineers to work cooperatively with property 
     owners on the stewardship of beaches; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the Office of the President of the United States, the 
     Environmental Protection Agency, the United States Army Corps 
     of Engineers, the Office of the Governor, the Michigan 
     Department of Environmental Quality, 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-271. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to widening and resurfacing of the M 50 to US 12 
     segment of US 127; to the Committee on Environment and Public 
     Works.

                        House Resolution No. 95

       Whereas, the Michigan International Speedway (MIS), which 
     attracts 600,000 visitors annually, is the largest sporting 
     venue in Michigan. Michigan International Speedway has 
     accepted its role as a corporate citizen with pride for the 
     last 35 years; and
       Whereas, fifty-five percent of MIS season ticket holders 
     are from outside the state of Michigan, with season ticket 
     holders in 47 states and 12 foreign countries. The indirect 
     economic impact of the Michigan International Speedway to 
     Michigan's economy exceeds $500 million dollars annually. 
     With over 50% of the race weekend business coming from 
     outside the state, a substantial amount of money is brought 
     into Michigan's economy from the surrounding area; and
       Whereas, in 2002, a resurfacing project was completed on US 
     127 from M 50 North to Interstate 94, which has caused a 
     deterioration in the roadway south of M 50 to US 12; and
       Whereas, traffic counts escalate annually, averaging 20,000 
     vehicles per day, and they spike drastically during the three 
     race weekends at Michigan International Speedway; and
       Whereas, traffic engineers routinely specify a four-lane 
     highway as mandatory for traffic volumes that exceed 17,500 
     on a daily basis; and
       Whereas, transportation planners project that without any 
     new development, traffic counts along US 127 in Jackson 
     County will range from 31,000 to 51,000 vehicles daily; and
       Whereas, the number of vehicle accidents occurring on US 
     127 is unacceptably high, with an annual average of 311 
     occurring annually. Of this number, 248 occur on the road 
     segment between M 50 and US 12; and
       Whereas, the state of Michigan has recognized the 
     increasing problems associated with traffic pressure on US 
     127 since 1994, when it was specifically cited in the 
     Michigan Long-Range Plan; and
       Whereas, roadway expansion for US 127 in Jackson County has 
     previously been permitted and does not require an 
     environmental impact study; and
       Whereas, improvements to US 127 from M 50 to US 12 will 
     both improve community safety and enhance economic 
     development efforts; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize Congress to enact legislation to support funding 
     for the widening and resurfacing of the M 50 to US 12 segment 
     of US 127; and
       Resolved, That copies of this resolution be transmitted to 
     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-272. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to the Highway Trust Fund and 
     the State of Texas; to the Committee on Environment and 
     Public Works.

                   House Concurrent Resolution No. 82

       Whereas, an integrated, safe, and adequately financed 
     transportation system is a critical component of the 
     economic, social, and environmental well-being of both the 
     United States and Texas; and
       Whereas, the Highway Trust Fund was established by the 
     Highway Revenue Act of 1956 as a mechanism to finance an 
     accelerated highway program, including the Interstate Highway 
     System; the revenues used to finance the trust fund are 
     derived from federal excise taxes on highway motor fuel and 
     certain truck-related taxes collected from motorists in all 
     50 states and paid into the federal Highway Trust Fund; and
       Whereas, federal law requires that the money paid into the 
     trust fund be returned to the states in accordance with 
     legislatively established formulas that are recalculated 
     every six years in reauthorization legislation; most recently 
     the Transportation Equity Act for the 21st Century (TEA-21) 
     was passed in 1998; and
       Whereas, due to funding disparities, 26 states, known as 
     highway program donor states, receive less than their fair 
     share of the federal fuel taxes that their citizens have paid 
     into the highway account of the trust fund; from 1956 to 
     2001, Texas received only an average highway program rate of 
     return of 78 percent on the funds sent to Washington; and
       Whereas, currently, the United States Congress is drafting 
     legislation to reauthorize TEA-21, which guaranteed a minimum 
     rate

[[Page S11566]]

     of return of 90.5 percent on federal highway programs; a 
     coalition of the donor states seeks a guaranteed rate of 
     return of 95 percent of their share of contributions to the 
     federal Highway Trust Fund, calculated against all dollars 
     being distributed to the 50 states; and
       Whereas, a 95 percent rate of return would allow Texas to 
     better address its highway construction, repair, and 
     maintenance needs; highway projects enhance mobility, improve 
     air quality, foster economic development, and support 
     thousands of jobs in Texas: Now, therefore, be it
       Resolved, that the 78th Legislature of the State of Texas 
     hereby respectfully request the Congress of the United States 
     to provide equity funding to Texas by increasing the state's 
     highway program rate of return from the Highway Trust Fund to 
     95 percent of Texas' contributions to the fund; and be it 
     further
       Resolved, that the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the Senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the Congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-273. A concurrent resolution adopted by the Legislature 
     of the State of New Hampshire relative to the Clean Air Act 
     as it pertains to safeguarding public health and protecting 
     environmental quality; to the Committee on Environment and 
     Public Works.

                   Senate Concurrent Resolution No. 4

       Whereas, Section 111 of the Clean Air Act requires the 
     adoption of federal standards (known as new source review) 
     reflecting the best available control technology for 
     facilities which cause, or contribute significantly to, air 
     pollution which may endanger public health or welfare; and
       Whereas, the United States Environmental Protection Agency 
     (USEPA) adopted such standards of performance for the 
     construction or modification of power plants; and
       Whereas, the New Hampshire attorney general has alleged and 
     is actively pursuing litigation against upwind power plant 
     owners for violation of new source review here in New 
     Hampshire and out-of-state; and
       Whereas, the administration of President Bush is proceeding 
     to implement modifications of the new source review program; 
     and
       Whereas, acid rain, which is damaging sensitive ecosystems, 
     including the forests and lakes of New Hampshire. has been 
     particularly attributed to emissions from coal-burning plants 
     upwind of New Hampshire; and
       Whereas, scientific research has established a well-defined 
     link between power plant air emissions and human health 
     impacts, including exacerbation of symptoms for those with 
     asthma, increased risk of heart attacks for those with heart 
     disease, causation of lung cancer and premature death; and
       Whereas, there remains considerable controversy, 
     uncertainty, and question as to whether the planned changes 
     to new source review will result in continued, increased, or 
     decreased air polluting emissions compared with current or 
     alternative standards: Now therefore, be it
       Resolved by the Senate, the House of Representatives 
     concurring, That the general court of New Hampshire urges the 
     President, George W. Bush, and the USEPA Administrator, 
     Christie Whitman, to suspend implementation of modified 
     regulations on new source review pending independent 
     scientific review of their projected impact by the National 
     Academy of Sciences; and
       That the general court urges the congressional delegation 
     to take and support appropriate actions against any decision 
     made by the administrator of the USEPA to modify the 
     regulations implementing Section 111 of the Clean Air Act if 
     the result would be to jeopardize New Hampshire's ability to 
     safeguard public health and protect environmental quality, 
     including a suspension of pending modified regulations 
     pending independent scientific review by the National Academy 
     of Sciences; and
       That copies of this resolution, signed by the president of 
     the Senate and the speaker of the House of Representatives be 
     forwarded by the senate clerk to President George W. Bush, 
     USEPA Administrator, Christie Whitman,and each member of the 
     New Hampshire congressional delegation.
                                  ____

       POM-274. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to funding for the EPA Border 
     Fund; to the Committee on Environment and Public Works.

                  House Concurrent Resolution No. 204

       Whereas, the United States and Mexico created the North 
     American Development Bank (NADB) to provide financing for 
     environmental infrastructure projects, particularly those 
     related to water supply, wastewater treatment, and solid 
     waste management along their common border; and
       Whereas, since its inception in 1995, NADB has financed 57 
     environmental infrastructure projects representing $1.4 
     billion in border region improvements, a substantial return 
     on the bank's $494 million investment; and
       Whereas, NADB established the Border Environment 
     Infrastructure Fund (BEIF) in 1997 to receive and administer 
     grants from other institutions, such as the U.S. 
     Environmental Protection Agency (EPA), that can be combined 
     with loans and guaranties to facilitate project financing; 
     and
       Whereas, to date, BEIF has received $336 million from EPA's 
     Border Fund, and this contribution is vital to making water 
     and wastewater projects affordable, especially for the 
     smallest and poorest communities; and
       Whereas, Congress increased the Border Fund to $75 million 
     in fiscal year 2000, and this level of funding was again 
     recommended for fiscal year 2003; however, the Border Fund 
     received a congressional appropriation of only $50 million; 
     and
       Whereas, reductions in the Border Fund and subsequent 
     revenue losses to BEIF seriously undercut NADB's ability to 
     finance water and wastewater infrastructure projects that are 
     essential to environmental quality and the well-being of 
     residents on both sides of the border: Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     reinstate funding for the EPA Border Fund to $75 million for 
     fiscal year 2004 and to appropriate sufficient funds in 
     subsequent years to address environmental infrastructure 
     needs in the border region; and be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the President of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-275. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Florida 
     relative to reinstating the federal income tax deduction for 
     state and local sales taxes paid; to the Committee on 
     Finance.

                      House Resolution No. 9003-C

       Whereas, prior to 1986, American taxpayers were allowed to 
     deduct state and local sales taxes paid from their federal 
     income tax liabilities, and
       Whereas, the Tax Reform Act of 1986 repealed this deduction 
     while it retained the deductibility of state and local income 
     taxes, and
       Whereas, the elimination of the deduction for payment of 
     state and local sales taxes created a fundamental disparity 
     adversely affecting citizens of Florida and six other states 
     that do not levy a personal income tax, and
       Whereas, while citizens in the 43 other states continue to 
     deduct state and local income taxes, thereby reducing their 
     federal income tax liability, taxpayers in Florida and six 
     other states have no corresponding tax deduction, and
       Whereas, in addition to fostering the inequitable treatment 
     of individual taxpayers, this disparity also has worked 
     against the states whose tax structure has no general 
     individual income tax and relies heavily on sales taxes, and
       Whereas, reinstating the deductibility of state and local 
     sales taxes on federal income tax returns could generate 
     substantial benefits for Florida's families and the state's 
     economy, and
       Whereas, as a matter of equity and fairness, Floridians and 
     the citizens of other states that finance their budgets 
     without an income tax deserve to benefit from federal income 
     tax deductions comparable to those already enjoyed by the 
     majority of United States taxpayers, and
       Whereas, allowing taxpayers to deduct either their state 
     and local income tax or state and local sales taxes paid in a 
     given year would restore equity and fairness across the 
     states, and
       Whereas, federal legislation that reinstates the 
     deductibility of state and local sales taxes is currently 
     before the Congress: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Florida, That the Congress of the United States is 
     respectfully requested to reinstate the federal income tax 
     deduction for state and local sales taxes paid; and be it 
     further
       Resolved, That copies of this resolution be dispatched to 
     the President of the United States, to the President of the 
     United States Senate, to the Speaker of the United States 
     House of Representatives, and to each member of the Florida 
     delegation to the United States Congress.
                                  ____

       POM-276. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     Medicare; to the Committee on Finance.

                           Resolution No. 210

       Whereas, there are 321 Medicare-certified agencies in the 
     Commonwealth of Pennsylvania providing critical care each 
     year in the homes of nearly half a million Pennsylvanians; 
     and
       Whereas, home health patients who receive Medicare services 
     are typically the sickest, frailest and most vulnerable group 
     of Pennsylvania's elderly population; and
       Whereas, Congress in 1997 sought to cut growth in the 
     Medicare home health benefit by $16.2 billion over five years 
     but resulted in cutting more than $72 billion; and
       Whereas, nearly one million fewer Medicare beneficiaries 
     are qualifying for Medicare-reimbursed home care than in 
     1997; and

[[Page S11567]]

       Whereas, additional cuts in the Medicare home health 
     benefit would force many low-cost, efficient Pennsylvania 
     agencies that are struggling under the current system to go 
     out of business, thereby harming access to Medicare 
     beneficiaries; and
       Whereas, total elimination of the 15% cut has been 
     postponed for the past two years; and
       Whereas, the impending 15% cut is making it difficult for 
     home health agencies to secure lines of credit and is 
     discouraging investment in advanced technologies and staff 
     benefits; and
       Whereas, sixty-five members of the Untied States Senate 
     have joined in a bipartisan letter that recommends the 
     elimination of the 15% cut; and
       Whereas, one hundred and thirteen members of the United 
     States House of Representatives have joined in bipartisan 
     letter that recommends the elimination of the 15% cut; and
       Whereas, the Senate Budget Committee has noted to set aside 
     the funds necessary to do away with the 15% cut; and
       Whereas, the Medicare Payment Advisory Commission (MedPAC), 
     the group established by Congress to advise it on Medicare 
     policy, has called upon Congress to permanently eliminate the 
     15% cut in the Medicare home health benefit; and
       Whereas, MedPAC has reported that there are three factors 
     that can lead to an increase in cost for rural home health 
     providers: travel, volume of services and lack of 
     sophisticated management and patient care procedures; and
       Whereas, Medicare home health services are delivered to a 
     large rural population in Pennsylvania that often live miles 
     apart, thereby increasing the cost of providing home health 
     services in these areas: Therefore be it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge Congress to permanently eliminate the 15% 
     cut in the Medicare home health benefit and extend the 10% 
     rural add-on to Medicare home health providers; and be it 
     further
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania urge the President to support Congress in this 
     effort to eliminate the 15% cut in the Medicare home health 
     benefit and extend the 10% rural add-on to Medicare home 
     health providers; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the Vice President of the 
     Untied States, the Speaker of the United States House of 
     Representatives and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-277. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to the portion of the Internal 
     Revenue Code regarding veterans and their families; to the 
     Committee on Finance.

                  House Concurrent Resolution No. 161

       Whereas, Texas has long been a leader in recognizing and 
     rewarding the tremendous sacrifices of its veterans; and
       Whereas, home ownership is viewed by many as a major 
     component of the American Dream; and
       Whereas, enabling veterans to achieve home ownership at a 
     lower cost is but a small reward for their faithful service 
     while in the U.S. Armed Forces; and
       Whereas, in appreciation of this service on behalf of our 
     state and nation, the Texas Veterans Land Board has offered 
     below-market interest rates on home loan mortgages to 
     eligible veterans since 1983; and
       Whereas, this program has assisted more than 500,000 Texas 
     veterans in obtaining affordable housing and in making a 
     better life for themselves and their dependents; and
       Whereas, Texas utilizes federally tax-exempt bonds known as 
     Qualified Veterans Mortgage Bonds to fund approximately 50 
     percent of all home and improvement loans made to veterans; 
     and
       Whereas, current federal law governing the use of tax-
     exempt bonds used to fund these loans, as contained in 
     Section 143(I)(4) of the Internal Revenue Code of 1986, 
     unfairly limits these programs to only those veterans who 
     served prior to January 1, 1977; and
       Whereas, this restriction unfairly prevents all veterans 
     serving on active duty after 1976 from using Qualified 
     Veterans Mortgage Bonds, including more than 500,000 men and 
     women who served in Desert Shield and Desert Storm and the 
     8,000 reservists and National Guard members of Texas called 
     up to serve our country since September 11, 2001; and
       Whereas, these courageous men and women deserve the same 
     benefits offered to their earlier counterparts, yet they and 
     their families are being denied the opportunity to use 
     Qualified Veterans Mortgage Bonds; and
       Whereas, Congress has failed to remedy this discriminatory 
     federal provision on behalf of these deserving men and women, 
     despite the fact that it will not increase federal 
     discretionary spending one cent: Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully urge the 108th Congress to support 
     legislative action to immediately remove the aforementioned 
     discriminatory portion of the Internal Revenue Code in order 
     that today's veterans and their families might enjoy the same 
     benefits as their earlier counterparts; and be it further
       Revolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, the speaker of the house of representatives, 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     Congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.
                                  ____

       POM-278. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to federal income tax 
     deductibility of state and local sales taxes that existed 
     before 1986; to the Committee on Finance.

                   Senate Concurrent Resolution No. 1

       Whereas, the Tax Reform Act of 1986 eliminated the 
     deductibility of state and local sales taxes paid by federal 
     income tax return filers while it retained the deductibility 
     of state and local income taxes; and
       Whereas, although the tax legislation was generally 
     designed to simplify the federal income tax, eliminating the 
     deduction for payment of state and local sales taxes created 
     a fundamental disparity adversely affecting citizens of Texas 
     and eight other states that do not levy a personal income 
     tax; and
       Whereas, while citizens in the 41 other states continue to 
     deduct state and local income taxes, thereby reducing their 
     federal income tax liability, taxpayers in Texas and a few 
     other states have no corresponding tax deduction to ease 
     their burden; the net effect of this imbalance is that Texans 
     and citizens of eight other states pay a higher percentage of 
     federal taxes than the majority of American taxpayers; and
       Whereas, in addition to fostering the inequitable treatment 
     of individual taxpayers, this disparity also has worked 
     against the states whose tax structure has no general 
     individual income tax and relies heavily on sales taxes; and
       Whereas, a report published in March, 2002, by the 
     Comptroller of Public Accounts of the State of Texas 
     estimated that the inability to deduct state and local sales 
     taxes could cost Texans more than $700 million for the 2002 
     tax year and, if the deductions are not restored, could cost 
     the state more than 16,000 jobs that otherwise would be 
     created with a lower tax burden and an increase in disposal 
     family income; and
       Whereas, according to the report, reinstating the 
     deductibility of state and local sales taxes on federal 
     income tax returns could generate substantial benefits for 
     Texas families and the state's economy; and
       Whereas, a family of four with an income of $60,000 could 
     get an additional federal income tax deduction of $1,015, and 
     a single mother with one child and an income of $35,000 could 
     deduct an additional $461; and
       Whereas, the comptroller of public accounts estimates that 
     the more than $700 million in net tax savings that would stay 
     in Texas could encourage $590 million in new investments 
     within the state and an $874 million increase in the gross 
     state product in 2003; and
       Whereas, as a matter of equity and fairness, Texans and the 
     citizens of other states that finance their budgets without 
     an income tax deserved to benefit from federal income tax 
     deductions comparable to those already enjoyed by the 
     majority of United States taxpayers; federal legislation that 
     reinstates the deductibility of state and local sales taxes 
     is currently before the congress: Now, therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully request the Congress of the United States 
     to restore the federal income tax deductibility of state and 
     local sales taxes that existed before 1986; and be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all the members of the Texas delegation to 
     the congress with the request that this resolution be 
     officially entered in the Congressional Record as a memorial 
     to the Congress of the United States of America.
                                  ____

       POM-279. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to block grants to be used for 
     public welfare and Medicaid purposes; to the Committee on 
     Finance.

                   House Concurrent Resolution No. 58

       Whereas, State Medicaid spending currently accounts for 
     approximately 22 percent of total state spending; and
       Whereas, under the Federal Medical Assistance Percentage, 
     the federal share of state Medicaid spending provided to the 
     State of Texas has decreased by 4.2 percent over the past 10 
     years; and
       Whereas, average monthly Medicaid caseloads in the State of 
     Texas are projected to increase to 2,885,583 by fiscal year 
     2005 from 2,376,193 in fiscal year 2003; and
       Whereas, prescription drug costs are a major factor driving 
     Medicaid expenditures, and annual Medicaid prescription 
     levels in the State of Texas are projected to rise to 
     40,257,515 by fiscal year 2005, from 33,859,094 in fiscal 
     year 2003; and
       Whereas, the Congressional Budget Office projects that 
     Medicaid spending under the current system will more than 
     double by the year 2012; and
       Whereas, the growth in federal spending of the Medicaid and 
     welfare entitlements is astronomical and spiraling, 
     significantly increasing the federal budget costs; and

[[Page S11568]]

       Whereas, this growth will never be controlled unless the 
     State of Texas has autonomous management of the program, free 
     from federal mandates regarding individual entitlement, 
     eligibility groups, benefits, payment rates, and financing 
     structures to allow most citizens of the State of Texas to 
     benefit from the Medicaid and welfare programs; and
       Whereas, the State of Texas will be able to design and 
     develop innovative, efficient, and productive medical 
     assistance programs that will meet the needs of the residents 
     within the State of Texas' budget capacity; and
       Whereas, in the State of Texas, there exists the 
     possibility to improve patient outcomes and cost-
     effectiveness with a statewide implementation of consumer-
     directed care under the state medical assistance program: 
     Now, therefore, be it
       Resolved, That the 78th Legislative of the State of Texas 
     hereby respectfully urge the Congress of the United States to 
     enact appropriate legislation to pass federal funds on to 
     states via block grants to be used for public welfare and 
     Medicaid purposes; and be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, the secretary of the United States Department of 
     Health and Human Services and all the members of the Texas 
     delegation to the congress with the request that this 
     resolution be officially entered into the Congressional 
     Record of the United States of America.
                                  ____

       POM-280. A concurrent resolution adopted by the Legislature 
     of the State of Texas relative to the medical savings account 
     program; to the Committee on Finance.

                   House Concurrent Resolution No. 90

       Whereas, Medical Savings Accounts (MSAs) offer an 
     innovative alternative to high-premium insurance policies by 
     combining tax-free savings accounts and high-deductible 
     catastrophic health insurance plans; and
       Whereas, individuals choosing to use these accounts can pay 
     for routine and minor medical services with funds set aside 
     in a tax-free savings account, while major health care costs 
     are covered by their high-deductible health insurance plans; 
     and
       Whereas, tax-free MSAs encourage individuals to make wise 
     and economical decisions about their health care because 
     managing their own accounts often makes them more aware of 
     the true costs of health care; MSAs also offer participants 
     greater access to medical services and the freedom to choose 
     their own health care providers; and
       Whereas, a survey of MSA plan participants shows that 
     employers offering MSAs to their employees have been able to 
     reduce health insurance expenses by up to 40 percent; in 
     contrast, employers overall have recently experienced an 
     average 16 percent increase in health insurance premiums, 
     with some small employers confronting increases of 40 to 50 
     percent; and
       Whereas, the federal MSA pilot program, which was designed 
     for small employer groups and the self-employed, carries 
     restrictions that may discourage participation in the program 
     and create confusion among potential applicants, employers, 
     and insurance providers; and
       Whereas, the federal MSA pilot program limits annual 
     deductibles for participating employees to not less than 
     $1,700 or more than $2,500 for an individual and not less 
     than $3,500 or more than $6,150 for a family; annual out-of-
     pocket expenses under the plan cannot exceed $3,350 for 
     individual coverage and $6,150 for family coverage; and 
     annual limits for account contributions are 65 percent of the 
     deductible for an individual account and 75 percent of the 
     deductible for a family account; and
       Whereas, according to 1996 data, about 85 percent of 
     Americans incurred medical expenses, with an average per-
     person expenditure of about $2,400, an amount well within the 
     range limits of the MSA annual contribution for an individual 
     account; even more significant is the fact that about half of 
     those persons who incurred medical expenses had expenses of 
     less than $560; and
       Whereas, any unspent MSA funds for a given year may be 
     rolled over to the following year; after age 65, unspent 
     funds can be rolled over to an Individual Retirement Account 
     or withdrawn without penalty for any use and taxed as 
     ordinary income; and
       Whereas, expanding the availability of MSAs to other 
     employers, increasing the account contribution limits, and 
     lowering the limits on annual deductibles for participating 
     employees would encourage greater participation among 
     consumers, employers, and insurance providers: Now, 
     therefore, be it
       Resolved, That the 78th Legislature of the State of Texas 
     hereby respectfully request the Congress of the United States 
     to broaden the scope and availability of the medical savings 
     account program, remove its restrictions, and allow state 
     governments to design such programs for their employees; and 
     be it further
       Resolved, That the Texas secretary of state forward 
     official copies of this resolution to the president of the 
     United States, to the speaker of the house of representatives 
     and the president of the senate of the United States 
     Congress, and to all members of the Texas delegation to the 
     congress with the request that this resolution be officially 
     entered in the Congressional Record as a memorial to the 
     Congress of the United States of America.

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