[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 9647-9650]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

       POM-433. A joint resolution adopted by the House of 
     Representatives of the Legislature of the State of Maine 
     relative to the Farm-to-Cafeteria Projects Act; to the 
     Committee on Agriculture, Nutrition, and Forestry.

                            Joint Resolution

       Whereas, in the past 30 years childhood obesity rates in 
     the United States have doubled in our children and tripled in 
     our adolescents due to poor eating habits, and obesity can 
     contribute to increased likelihood of developing diabetes, 
     high blood pressure, high blood cholesterol and clogging of 
     the arteries; and
       Whereas, school cafeterias serve millions of children 
     breakfast, snacks and lunch every day and struggle to 
     maintain services in light of diminished budgets at the 
     local, state and federal levels; and
       Whereas, in May of 2003, the Economic Research Service of 
     the United States Department of Agriculture released an 
     evaluation of the Fruit and Vegetable Pilot Program, which, 
     according to the report, worked to change immediately 
     children's fruit and vegetable consumption, improve 
     children's health, create a healthier school environment and 
     supply a positive model for children's diets; and
       Whereas, agriculture sustains rural communities, protects 
     open space, creates scenic vistas and protects water recharge 
     areas; and
       Whereas, the northeastern states have a traditional system 
     of small and midsized producers of agricultural products 
     located close to the towns, villages and urban centers where 
     the majority of the 58 million consumers reside;
       Whereas, programs that link local farms to school 
     cafeterias are reconnecting urban American with local 
     agriculture in every state where they operate and providing a 
     unique opportunity to make local agriculture relevant to the 
     majority of the American population that now resides in urban 
     and suburban
       Resolved, That We, your Memorialists, respectfully urge 
     passage of the Farm-to-Cafeteria Projects Act and any other 
     legislation that will accomplish these goals: to assist 
     schools in purchasing locally grown food, to provide more 
     healthy and fresh foods for schoolchildren, to educate 
     children and their families about the foods that are grown in 
     their own communities and to expand market opportunities for 
     local farms, ensuring that regional agriculture continue to 
     be viable and available to provide a safe, secure food supply 
     to all consumers; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticate by the Secretary of State, be transmitted to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the Secretary of the 
     United States Department of Agriculture and the Northeast 
     States Association for Agricultural Stewardship and to each 
     Member of the Maine Congressional Delegation.
                                  ____

       POM-434. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Kentucky relative to First Lieutenant Garlin Murl Conner; 
     to the Committee on Armed Services.

                         Concurrent Resolution

       Whereas, Lieutenant Garlin Murl Conner was a native of 
     Clinton County, Kentucky, who served with distinction and 
     valor in the United States Army during World War II; and
       Whereas, Kentucky Congressman Ed Whitfield introduced H.R. 
     327 to the 108th Congress to bestow this highly deserved 
     honor on Lieutenant Garlin Murl Conner; and
       Whereas, Lieutenant Garlin Murl Conner is Kentucky's most 
     decorated war hero, who served on the front lines for over 
     eight hundred days in eight major campaigns; he was wounded 
     seven times but returned to combat and continued to fight on 
     the front lines after each wound; and
       Whereas, during World War II, over forty 3rd Division 
     soldiers received Medals of Honor, more than any other 
     Division; however, Lieutenant Garlin Murl Conner was not 
     awarded the medal of Honor due to an oversight and failure to 
     process the paperwork;
       Whereas, Lieutenant Conner served in the 3rd infantry 
     Division with Audie L. Murphy, America's most decorated hero 
     of all wars; as compared to Audie L. Murphy, Lieutenant 
     Conner was awarded more Silver Stars for acts of valor, 
     fought in more campaigns, served on the front lines longer, 
     and was wounded more times; he was awarded many honors 
     including the Distinguished Service Cross, the Silver Star 
     with three Oak Leaf Clusters, the Bronze Star, the Purple 
     Heart with six Oak Leaf Clusters, and other medals; and
       Whereas, on June 20, 1945, Lieutenant Conner was awarded 
     the Croix de Guerre, the French Medal of Honor, that was also 
     awarded to Sergeant Alvin C. York, America's most decorated 
     World War I soldier, who was a friend of Lieutenant Conner 
     and lived a few miles from Lieutenant Conner's home on the 
     Kentucky-Tennessee border; and
       Whereas, Major General Lloyd B. Ramsey (Ret.), who was 
     Lieutenant Conner's battalion commander during combat in 
     World War II, is still living and has signed the necessary 
     documents for awarding the Medal of Honor to Lieutenant 
     Conner; in 1945, Major General Ramsey wrote that Lieutenant 
     Conner was ``one of the outstanding soldiers of this war, if 
     not the outstanding. . . . I've never seen a man with as much 
     courage and ability as he has''; and
       Whereas, Stephen Ambrose, America's foremost World War II 
     historian, founder of the D-Day Museum in New Orleans, 
     Louisiana, and author of many books, wrote on November 11, 
     2000, ``I am in complete support of the effort to make 
     Lieutenant Garlin M. Conner a Medal of Honor recipient. What 
     Lieutenant Conner did in stopping the German assault near 
     Houssen, France in January 1945 was far above the call of 
     duty. I've met and talked at length with many Medal of Honor 
     recipients and am sure they would all agree that Lieutenant 
     Conner more than deserves the honor of joining them''; and
       Whereas, on April 3, 2001, 3rd Infantry Division leaders 
     named the new EAGLE BASE in Bosnia-Herzegovina after 
     Lieutenant Conner because of his gallantry in World War II 
     and because ``It's a company-grade forward operating base 
     named after a soldier with a company-grade rank''; and
       Whereas, Richard Chilton, a former Green Beret from Genoa 
     City, Wisconsin, has been on a mission since 1996 to have the 
     Medal of Honor awarded to Lieutenant Conner; his research has 
     documented the Lieutenant Conner is one of the great combat 
     heroes of World War II, equal in every way to Audie L. 
     Murphy; Chilton has made presentations to dozens of schools 
     about Lieutenant Conner's war record and has copies of over 
     2,500 letters written by students to President George W. Bush 
     requesting the Medal of Honor be awarded; after reviewing 
     Chilton's information, a host of former war veterans have 
     written Congress requesting passage of H.R. 327 to award the 
     Medal of Honor to one of America's greatest citizen soldiers, 
     Lieutenant Garlin Murl Conner: Now, therefore, be it
       Resolved by the House of Representatives of the General 
     Assembly of the Commonwealth of Kentucky, the Senate 
     concurring therein:
       Section 1. The General Assembly of the Commonwealth of 
     Kentucky urges the House Armed Services Committee as well as 
     the entire United States Congress to adopt H.R. 327 awarding 
     a Medal of Honor posthumously to First Lieutenant Garlin Murl 
     Conner.
       Section 2. The Clerk of the House of Representatives shall 
     send a copy of this Resolution to: Congressman Duncan Hunter, 
     Chairman of the Armed Services Committee; the Clerk of the 
     House of Representatives of the United States; the Clerk of 
     the Senate of the United States; each member of the Kentucky 
     Congressional Delegation; and to the widow of 1st Lieutenant 
     Garlin Murl Conner, Mrs. Pauline W. Conner, Route 1, Box 208, 
     Albany, Kentucky 42602.
                                  ____

       POM-435. A joint resolution adopted by the Legislature of 
     the State of Maine relative to military bases in Maine; to 
     the Committee on Armed Services.

                            Joint Resolution

       Whereas, within the year, Secretary of Defense Donald 
     Rumsfeld, through the Base Realignment and Closure (BRAC) 
     Commission, will make recommendations about which military 
     installations are to be considered for closure in cost-
     cutting measures for the military and has indicated that 
     reductions may total 25% or an estimated 100 bases; and
       Whereas, the State of Maine has 3 distinct and important 
     military installations that are potentially at risk for 
     closure: the naval shipyard in Kittery, the Naval Air Station 
     Brunswick and the Naval Computer and Telecommunications Area 
     Master Station, Atlantic Cutler Detachment; and
       Whereas, the naval shipyard in Kittery is one of only 4 
     public shipyards in the Nation, is vital to our maritime 
     strength and is of major importance to 2 states' local 
     economies; and
       Whereas, Naval Air Station Brunswick is the only fully 
     capable air base in the northeastern United States, does not 
     encroach on the civilian community and has plenty of space 
     for expansion, even for housing other branches of the 
     military. Naval Air Station Brunswick is on the coast, and 
     aircraft can take off and land without flying over major 
     centers of population; and
       Whereas, the Cutler detachment's primary mission is Very 
     Low Frequency communications with submarines in the Atlantic 
     Ocean and Mediterranean Sea; the installation has the most 
     powerful radio transmitter in the world and is staffed with 
     84 civilian service workers, who ensure the signal stays in 
     the wind to the submarine fleet; and
       Whereas, the people of the State of Maine have long been at 
     the forefront of our Nation's defense, are first to join and 
     send troops in any conflict and have a strong tradition of 
     support and appreciation for the bases within our borders; 
     now, therefore, be it
       Resolved, That We, your Memorialists, take this opportunity 
     to convey our appreciation

[[Page 9648]]

     for the advocacy and support for our 3 basses that the 
     Congress of the United States and the Maine Congressional 
     Delegation have provided over the years, and we strongly urge 
     the Congress of the United States to consider the importance 
     of these installations in this time of war on terrorism and 
     the vital need to protect our Nation; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the United States Senate, to the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-436. A resolution adopted by the Legislature of the 
     State of Maine relative to emergency responders; to the 
     Committee on Banking, Housing, and Urban Affairs:

                            Joint Resolution

       Whereas, after September 11, 2001, the Federal Emergency 
     Management Agency, under the Department of Homeland Security, 
     administered grants to assist local fire departments and 
     emergency responders across the Nation with necessary funds 
     to upgrade and prepare; and
       Whereas, last year, Maine emergency responders received 
     $10.3 million in grants and hundreds of thousands of dollars 
     have been provided to 23 Maine communities for their fire 
     departments, which have purchased new protective fire-
     fighting clothing, training programs and materials, air 
     compressors, vehicles and computers; and
       Whereas, the current proposed federal budget calls for a 
     reduction in funding of the grants from $750 million to $500 
     million, which will adversely affect communities throughout 
     the State at a time when fire departments are still greatly 
     in need of support; and
       Whereas, these proposed cuts come at a time when safety and 
     security concerns in Maine and in the Nation are still at a 
     very high level, and the proposed cuts come at a time when we 
     should be remaining vigilant in preparing for emergencies; 
     now, therefore, be it
       Resolved, That We, your Memorialists, urge the President of 
     the United States and the Congress to work together on this 
     budget and to not cut the Federal Emergency Management 
     Agency's funding source; and be it further
       Resolved, That We, your Memorialists, urge the President of 
     the United States and the Congress to work together to help 
     ensure that the emergency responders in the State of Maine 
     and throughout the Nation are fully equipped, trained and 
     funded and ready to face all emergencies; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable George W. Bush, President of the United States, 
     the President of the United States Senate and the Speaker of 
     the United States House of Representatives and to each Member 
     of the Maine Congressional Delegation.
                                  ____

       POM-437. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to DNA identification information; 
     to the Commission on the Judiciary.

                        House Resolution No. 585

       Whereas, DNA technology is increasingly vital to ensuring 
     accuracy and fairness in the criminal justice system; and
       Whereas, In the late 1980s the Federal Government laid the 
     groundwork for a system of national, state and local DNA 
     databases for the storage and exchange of DNA profiles, known 
     as the Combined DNA Index System (CODIS); and
       Whereas, CODIS maintains DNA profiles in a three-tiered 
     distributed database which is available to law enforcement 
     agencies across the country for law enforce purposes; and
       Whereas, In order to take advantage of the investigative 
     potential of CODIS, in the late 1980s and early 1990s states 
     began passing laws requiring offenders convicted of certain 
     offenses to provide DNA samples; and
       Whereas, Currently all 50 states and the Federal Government 
     have laws requiring DNA samples to be collected from 
     specified categories of offenders; and
       Whereas, The statute governing the national DNA index 
     currently authorizes the inclusion in the index of profiles 
     of ``persons convicted of crimes,'' which is narrower than 
     the scope of DNA collection under existing legal authorities 
     in most jurisdictions within the United States, including the 
     Commonwealth of Pennsylvania; and
       Whereas, As a result of the narrow Federal statutory 
     language, states cannot enter into the national DNA index all 
     the information they collect from their investigations, 
     including DNA information from specified categories of 
     adjudicated juvenile delinquents; and
       Whereas, As a further result of the narrow Federal 
     statutory language, the Commonwealth of Pennsylvania cannot 
     enter certain DNA information that may lead to capture or 
     exoneration for crimes such as murder and rape; therefore be 
     it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the Congress of the 
     United States to amend 42 U.S.C. Sec. 14132(a)(1) to allow 
     the inclusion in CODIS of DNA profiles of ``other persons, 
     whose DNA samples are collected under applicable legal 
     authorities''; 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 the Pennsylvania congressional delegation.
                                  ____

       POM-438. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Kentucky relative to the 
     Lewis and Clark National Historic Trail; to the Committee on 
     Energy and Natural Resources.

                               Resolution

       Whereas, in 1803, President Thomas Jefferson gained 
     approval to form an expeditionary group to explore the 
     Western territory of the United States; and
       Whereas, the ``Corps of Discovery,'' led by Meriwether 
     Lewis and William Clark, embarked upon its epic adventure in 
     April, 1805, which at its conclusion returned invaluable 
     information relative to the peoples, wildlife, flora, and 
     geography of the Western territory; and
       Whereas, 2003 marked the bicentennial celebration of the 
     embarkation of the Lewis and Clark Expedition; and
       Whereas, Congress has seen fit to create the Lewis and 
     Clark National Historic Trail; and
       Whereas, H.R. 2327 introduced by United States 
     Representative Goode and S. 2018 introduced by United States 
     Senator Bunning, now pending in the 108th Congress of the 
     United States, seek to extend the boundaries of the Lewis and 
     Clark National Historic Trail; and
       Whereas, the extension of the Lewis and Clark National 
     Historic Trail would make the trail the largest in the 
     national parks system; and
       Whereas, an extended Lewis and Clark National Historic 
     Trail would serve to continue the celebration of the Lewis 
     and Clark bicentennial celebration; and
       Whereas, the extension of the Lewis and Clark National 
     Historic Trail would provide enhanced educational 
     possibilities for all; and
       Whereas, the extension of the Lewis and Clark National 
     Historic Trail would generate an increase in tourism and 
     tourism revenue in the states where the trail runs; and
       Whereas, the proposed extension of the Lewis and Clark 
     National Historic Trail would include specific sites in the 
     Commonwealth of Kentucky: Now, therefore, be it
       Resolved by the Senate of the General Assembly of the 
     Commonwealth of Kentucky:
       Section 1. The Senate hereby acknowledge the historical 
     importance of the Lewis and Clark National Historic Trail and 
     encourages each and every member of the respective chambers 
     of the Congress of the United States to cosponsor H.R. 2327 
     and S. 2018 of the 108th Congress of the United States to 
     extend the length of the trail.
       Section 2. The Senate encourages the subsequent passage of 
     H.R. 2327 and S. 2018 of the 108th Congress of the United 
     States.
       Section 3. The Clerk of the Senate is directed to transmit 
     a copy of this Resolution to Jeff Trandahl, Clerk of the 
     House of Representatives, United States Capitol, Room H154, 
     Washington, D.C. 20515-6601 and to Emily Reynolds, Secretary 
     of the Senate, United States Senate, Washington, D.C. 20510, 
     for distribution to the members of the United States Senate 
     and the United States Senate, respectively.
                                  ____

       POM-439. a resolution adopted by the House of 
     Representatives of the Legislature of the State of New 
     Hampshire relative to a comprehensive energy plan; to the 
     Committee on Energy and Natural Resources.

                        House Resolution No. 24

       Whereas, a comprehensive plan for energy independence is a 
     vital component of the United States' national security 
     strategy; and
       Whereas, it is prudent for both national security and 
     environmental concerns to promote energy independence for our 
     country, and promote efficiency and conservation to develop 
     cleaner technologies; now, therefore, be it
       Resolved by the House of Representatives, That the New 
     Hampshire house of representatives urges the President of the 
     United States and the Congress of the United States to 
     develop and work to implement a comprehensive plan to promote 
     these states' goals; and
       That this plan should include a plan to modernize our 
     electricity system, promote conservation, and improve the 
     United States' air quality; and
       That this plan should promote economic incentives for the 
     utilization of renewable energy sources; and
       That this plan should promote increased energy production 
     at home so the United States is less dependent on foreign 
     oil; and
       That this plan should promote the development of 
     alternative energy technologies, such as hybrid, hydrogen, 
     electric or natural gas powered vehicles; 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, the United

[[Page 9649]]

     States Secretary of Energy and the New Hampshire 
     congressional delegation.
                                  ____

       POM-440. A resolution adopted by the General Assembly of 
     the Commonwealth of Virginia relative to the State Waste 
     Empowerment and Enforcement Provision Act of 2003; to the 
     Committee on Environment and Public Works.

                     Senate Joint Resolution No. 79

       Whereas, recent reports issued by the Department of 
     Environmental Quality reveal that Virginia is currently the 
     second largest importer of municipal solid waste from other 
     states, second only to Pennsylvania, and is currently 
     importing approximately 5.5 million tons annually of 
     municipal solid waste from other states; and
       Whereas, the amount of municipal solid waste being imported 
     into Virginia is expected to increase in the coming years due 
     to the closure of the Fresh Kills Landfill in New York and 
     increased volumes from other states; and
       Whereas, the importation of significant amounts of 
     municipal solid waste from other states is prematurely 
     exhausting Virginia's limited landfill capacity; and
       Whereas, the negative impact of truck, rail, and barge 
     traffic and litter, odors, and noise associated with waste 
     imports occurs at the location of final disposal and along 
     waste transportation routes, and current landfill technology 
     has the potential to fail, leading to long-term cleanup and 
     other associated costs; and
       Whereas, under current federal law, Virginia cannot 
     regulate the amount of solid waste brought into the 
     Commonwealth each year; and
       Whereas, the importation of significant amounts of 
     municipal solid waste from other states is inconsistent with 
     Virginia's efforts to promote the Commonwealth as a national 
     and international destination for tourism and high-tech 
     economic development; and
       Whereas, the Commerce Clause of the United States 
     Constitution and its interpretation and application by the 
     United States Supreme Court and other federal courts 
     regarding interstate solid waste transportation has left 
     Virginia and other states with limited alternatives to 
     regulate, limit, or prohibit the importation of municipal 
     solid waste; and
       Whereas, the General Assembly of Virginia believes that 
     state and local governments should be given more authority to 
     control the importation of municipal solid waste into their 
     jurisdictions; and
       Whereas, although state laws governing the importation of 
     municipal solid waste have been ruled to violate the Commerce 
     Clause of the United States Constitution, the enactment of 
     the State Waste Empowerment and Enforcement Provision Act of 
     2003 would protect states from constitutional challenges to 
     common sense regulation of trash haulers, and empower states 
     to require inspectors at landfills, incinerators, and 
     transfer stations that accept out-of-state municipal solid 
     waste; and
       Whereas, it is the consensus of the General Assembly of 
     Virginia that state and local governments should be given 
     more authority to limit, reduce, and control the importation 
     of solid waste into their jurisdictions through several 
     provisions, including percentage caps, calendar year freezes, 
     the regulation and restriction of certain modes of 
     transportation, the requirement of state inspectors at 
     facilities handling out-of-state waste, and the assessment of 
     fees for the receipt or disposal of out-of-state municipal 
     solid waste that are different than fees assessed for the 
     receipt or disposal of municipal solid waste generated within 
     the Commonwealth; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress of the United States be urged to enact the 
     State Waste Empowerment and Enforcement Provision Act of 2003 
     (HR 1123). The Congress is urged to authorize local and state 
     governments to regulate the importation of municipal solid 
     waste into their respective jurisdictions; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the Speaker of the United States 
     House of Representatives, the President of the United States 
     Senate, and the members of the Virginia Congressional 
     Delegation so that they may be apprised of the sense of the 
     General Assembly of Virginia in this matter.
                                  ____

       POM-441. A resolution adopted by the Board of the Town of 
     New Castle of the State of New York relative to the Indian 
     Point Nuclear Plants; to the Committee on Environment and 
     Public Works.
                                  ____

       POM-442. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii to prices of prescription 
     drugs; to the Committee on Finance.

                        Senate Resolution No. 24

       Whereas, the Medicare Drug Benefit law recently enacted by 
     Congress and signed into law by the President prohibits the 
     government from negotiating prescription drug prices with the 
     manufacturers; and
       Whereas, the pharmaceutical companies have been negotiating 
     with other governments such as Canada and Mexico, offering 
     citizens of those countries substantial discounts on 
     prescription drugs, while still generating profits from the 
     discounted prices; and
       Whereas, news articles have documented that many Americans 
     travel to Canada to purchase their prescription drugs; and
       Whereas, there is a growing momentum to allow individuals, 
     as well as state and local governments, to lower health care 
     costs by purchasing prescription drugs from Canada; and
       Whereas, allowing the American government to negotiate 
     prescription drug prices would reduce their costs, as since 
     our purchasing power covers approximately 270 million 
     Americans, which is the largest economy in the world, our 
     government can negotiate lower prices than Canada and other 
     countries and pass on the savings to our citizens; and
       Whereas, all Americans will be the beneficiaries of 
     discounted prescription drugs, especially those who need 
     prescription drugs for serious health conditions, all group 
     prescription drug programs provided by employers and union 
     agreements, and the state and federal programs that provide 
     prescription drugs to veterans, Medicaid recipients, and 
     others who qualify for government supported programs; and
       Whereas, substantial savings can be used for other 
     healthcare needs or expenses and reducing co-payments; and
       Whereas, every other developed country has the power to 
     negotiate the costs of prescription drugs: Now, therefore, be 
     it
       Resolved by the Senate of the Twenty-Second Legislature of 
     the State of Hawaii, Regular Session of 2004, That the 
     President and Congress are urged to repeal the restriction on 
     government to negotiate reductions in prescription drug 
     prices with manufacturers; and be it
       Further resolved, That certified copies of this Resolution 
     be transmitted to the President of the United States, the 
     Speaker of the House of Representatives of the United States, 
     the President of the Senate of the United States, and the 
     members of Hawaii's Congressional delegation.
                                  ____

       POM-443. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Florida 
     relative to the distribution of Medicaid funds; to the 
     Committee on Finance.

                         House Memorial No. 25

       Whereas, Florida is the fourth most populous state, with 
     16.4 million residents, and
       Whereas, more than 2 million Floridians live in poverty and 
     approximately 2.8 million Floridians have no health insurance 
     whatsoever, and
       Whereas, it is a moral incumbency that every Floridian have 
     access to quality, affordable health care, and
       Whereas, impoverished Floridians have more difficulty 
     securing quality, affordable health care, especially if they 
     are uninsured, and
       Whereas, Florida participates in the Federal Government's 
     Medicaid program to support those impoverished citizens and 
     ensure their access to health care, and
       Whereas, when Medicaid was created in 1965, one of its 
     purposes was to reduce the differences among the states 
     regarding their respective abilities to fund medical services 
     for the impoverished, and
       Whereas, federal funds for Medicaid are distributed to the 
     states based on a funding formula that uses per capita income 
     as a key indicator of a state's ability to support its 
     impoverished population, and
       Whereas, numerous reports from the United States General 
     Accounting Office dating back to the early 1980s demonstrate 
     that per capita income is a poor indicator of a state's 
     funding ability, and
       Whereas, the use of per capita income assumes that states 
     with lower per capita incomes have higher rates of poverty, 
     which is a false assumption based on data from the United 
     States Census of 2000, and
       Whereas, the funding formula does not account for states' 
     respective populations in poverty, the wealth distribution of 
     larger states, or the costs to serve Medicaid populations in 
     respective states, and
       Whereas, the use of per capita income in the funding 
     formula fails to accurately reflect the needs of the more 
     populous states, and
       Whereas, the use of a state's total taxable resources in 
     the formula, as recommended by the General Accounting Office, 
     would result in Florida receiving hundreds of millions of 
     dollars more of federal funds in distribution, which amounts 
     to its fair share, and
       Whereas, according to the 2002 financial data of the Agency 
     for Health Care Administration, uncompensated care in 
     Florida's hospitals is growing at the rate of 12 to 13 
     percent per year, Medicaid caseloads grew almost 7 percent in 
     the last fiscal year, and the costs of the Medicaid program 
     continue to grow at an alarming rate, and
       Whereas, because of the poor reimbursement rates offered to 
     Florida's physicians due to the disparity created by the 
     funding formula, many doctors have limited their provision of 
     services for Medicaid patients and some have stopped treating 
     Medicaid patients altogether, and
       Whereas, this decline in the number of physicians who will 
     treat Medicaid patients threatens the quality and 
     availability of

[[Page 9650]]

     health care to impoverished Floridians: Now, therefore, be it
       Resolved by the Legislature of the State of Florida, That 
     the Congress of the United States is requested to pass 
     legislation to change the existing formula for the 
     distribution of Medicaid funds from a formula based on per 
     capita income to one based on total taxable resources and the 
     poverty rate, thereby providing a more equitable distribution 
     of Medicaid funds to the states and bringing the Medicaid 
     program closer to compliance with its stated legislative 
     goal; and be it
       Further resolved, That copies of this memorial 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.

                          ____________________