E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, TUESDAY, JANUARY 9, 2007 No. 4 Senate The Senate met at 10 a.m. and was appoint the Honorable ROBERT P. CASEY, Jr., speak for the times specified: Senator called to order by the Honorable ROB- a Senator from the State of Pennsylvania, to TESTER, 10 minutes; Senator NELSON of ERT P. CASEY, Jr., a Senator from the perform the duties of the Chair. Florida, 15 minutes; Senator SALAZAR, State of Pennsylvania. ROBERT C. BYRD, 15 minutes; and that when the Senate President pro tempore. reconvenes at 2:15, debate time be ex- PRAYER Mr. CASEY thereupon assumed the tended for another 30 minutes, with The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. Senators LIEBERMAN and COLLINS rec- fered the following prayer: f ognized for 15 minutes each; that fol- Let us pray. lowing that time, the majority leader Divine Master, You are our strong- RECOGNITION OF THE MAJORITY LEADER be recognized to offer a substitute hold and the pioneer of our future. amendment. Teach us to work with greater faithful- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ness. May pleasing You become our pri- pore. The majority leader is recog- pore. Is there objection? mary focus as You place a song in our nized. Without objection, it is so ordered. heart for each burden on our shoulders. f Mr. REID. Mr. President, let me be Guide our lawmakers today. Lead very clear that if a Republican Member them to Your fortress of love, patience, SCHEDULE is available and desires to speak, they and kindness. Remind them that any Mr. REID. Mr. President, this morn- would follow a Democratic speaker. We success alien to Your way is worse than ing, the Senate will be in a period of would alternate that. These times only failure and that any failure in Your morning business until 11 a.m. The mi- list Democrats, but if there is a Repub- Spirit is better than gold. Let Your nority will control the first half and lican, we will insert them between the benediction rest upon our Senators, the majority will control the second two, if they want to speak. and may they bring their stewardship half. Under a previous order, the Sen- f in line with the destiny You desire for ate will begin consideration of the eth- their lives. Make them channels of ics legislation at 11 a.m., for debate RECOGNITION OF THE MINORITY Your grace and coworkers in the build- only, until the Senate goes into recess LEADER ing of Your kingdom. for its normal weekly party conference We pray in Your wonderful Name. The ACTING PRESIDENT pro tem- luncheons. Amen. pore. The Republican leader is recog- The managers of the bill will be here nized. f at 11 a.m., and they will be making f PLEDGE OF ALLEGIANCE their opening statements, if appro- SENATOR ALBEN BARKLEY The Honorable ROBERT P. CASEY, Jr., priate, as well as a number of other led the Pledge of Allegiance, as follows: Members who have expressed an inter- Mr. MCCONNELL. Mr. President, a I pledge allegiance to the Flag of the est in speaking this morning. When the few months prior to this body’s con- United States of America, and to the Repub- Senate returns after the party lunch- vening last week, I was honored and lic for which it stands, one nation under God, eons, the substitute amendment will be humbled when my colleagues elected indivisible, with liberty and justice for all. laid down. So Members should be ready me to serve as the Republican leader in f to review this amendment and prepare the 110th Congress. their amendments accordingly. APPOINTMENT OF ACTING I am thankful for the trust my I am working with the distinguished PRESIDENT PRO TEMPORE friends have placed in me, and I won’t Republican leader to see if we can offer break that trust. The PRESIDING OFFICER. The something together—I am hopeful and At such a time as this, and in such an clerk will please read a communication very confident we can—as a substitute historic Chamber, my thoughts turn to the Senate from the President pro amendment. toward great Kentuckians of the past tempore (Mr. BYRD). who have left their indelible mark on The assistant legislative clerk read f this body. the following letter: ORDER OF PROCEDURE Henry Clay served as Speaker of the U.S. SENATE, Mr. REID. Mr. President, I ask unan- House, Senator, and Secretary of PRESIDENT PRO TEMPORE, imous consent that following the open- State, despite losing three Presidential Washington, DC, January 9, 2007. To the Senate: ing statements of Senators FEINSTEIN campaigns. Under the provisions of rule I, paragraph 3, and BENNETT with respect to S. 1, the John Sherman Cooper served as the of the Standing Rules of the Senate, I hereby following Senators be recognized to conscience of the Senate, and I have

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S244 CONGRESSIONAL RECORD — SENATE January 9, 2007 spoken on this floor before of the admi- storyteller. Many can recall Senator On his first day in the top post, ration and respect I will always have Barkley’s saying: ‘‘A good story is like Democratic Senators ignored his plea for the Senator who mentored me in fine Kentucky bourbon . . . it improves not to override a Presidential veto, my first job on Capitol Hill. with age and, if you don’t use it too putting Barkley on the losing side of a But there is another famous Ken- much, it will never hurt anyone.’’ 71 to 19 vote. The bill had originally tuckian who once dominated these By 1933, Barkley was selected as an been sponsored by Barkley himself, Senate hallways who we should not for- assistant to Senate Majority Leader putting the leader in the humiliating get. Joe Robinson of Arkansas. In 1937, Rob- position of losing a vote to sustain a He was a key lawmaker during World inson died, clearing the way for veto of his own bill. War II, and close friend to Presidents— Barkley’s election as leader—but the Over the next few years, Barkley’s a passionate orator, champion of the manner of Barkley’s election to the top troubles mounted, actually, as he kept New Deal, and popular teller of tall spot would serve today as an object les- finding himself on the losing end of tales. After his Senate service, he made son to Senators of how not to get the votes. Senators cruelly reminded him famous the nickname ‘‘the Veep.’’ job, and it hampered Barkley’s effec- of how he had climbed to the top spot That man is Alben Barkley, the last, tiveness as leader for several years by mockingly referring to him as and until now, the only Senator from thereafter. ‘‘Dear Alben.’’ Kentucky to be elected his party’s When the 75th Congress began, the Even worse, Washington journalists, leader. Democrats held a whopping 76 seats in seeing the leader unable to move his Senator Barkley served as majority the Senate, leaving only 16 Republicans colleagues, dubbed him ‘‘Bumbling leader for 10 years, from 1937 to 1947, and four Independents. Their majority Barkley,’’ and the name stuck. In March 1939, Life magazine pub- longer than anyone else before him. was so large that freshmen Democrats lished a poll of Washington journalists From 1947 to 1949 he served as minority had desks over here on the Republican rating the 10 ‘‘most able’’ Senators. leader, and in 1948 he was elected Vice side of the Chamber in the back. Senators in those days referred to Barkley’s one-time rival Pat Harrison President to President Truman. ranked fifth. The Senate majority lead- But some of my colleagues may not the lone outpost of Democrats over here on the Republican side in the back er did not make the list. know that Senator Barkley almost be- Despite setbacks, Senator Barkley came the first President of the United as the ‘‘Cherokee Strip’’ because those unlucky Members were off the reserva- plunged ahead to lead the Senate and States from Kentucky since Abraham to champion President Roosevelt’s New Lincoln. He lost that opportunity by tion. But the Democratic Party was badly Deal. His colleagues began to melt taking a courageous stand to put the under his considerable personal charm. Senate, the Senators he led, and prin- split in two. Half the caucus supported Franklin Roosevelt’s New Deal poli- In contrast with Robinson’s heavy- ciple ahead of political ambition. cies, and the other half frequently un- handed leadership style, Barkley often Like Lincoln, Alben Barkley was sat down with a colleague, disarmed born in a log cabin, literally, on his fa- dermined them. In the leader’s race, the first group him with humor or a funny story, and ther’s tobacco farm in Graves County, lined up behind Barkley, and the latter then made his case. KY, in 1877. The Barkley family was behind Senator Pat Harrison of Mis- Barkley led from the podium at his not a family of means, and Alben grew sissippi. Each Senator had pledges of desk, speaking persuasively and knowl- up chopping wood, harvesting tobacco, support from enough Senators to win, edgeably on any and every bill. By 1940, much of official Washington realized and plowing fields. Swapping stories so they thought. with his father’s hired hands, Alben Usually in the Senate, it is the Vice that legislation was actually moving began to develop his fun-loving, story- President who breaks ties. But this faster and more successfully through telling persona. close vote was broken by the President the Senate—and that Barkley deserved When he got older, Alben worked odd himself. The day after Robinson’s the credit. Barkley was crucial at negotiating jobs to make ends meet. One time at a death, Roosevelt sent Barkley a letter compromise with his fellow Senators. shoe store, a man with exceptionally that began, ‘‘My Dear Alben.’’ Roo- As the war in Europe heated up and large feet walked in and said to Alben, sevelt even referred to Barkley, cor- international affairs took up more of ‘‘I’d like to see a pair of shoes that rectly, but cheekily, as the ‘‘acting the Senate’s time, Barkley’s record of would fit me.’’ The sharp-witted to- majority leader.’’ success continued to mount. bacco farmer’s son retorted, ‘‘So would Now, Roosevelt preferred Barkley I!’’ Alben had to change jobs quite Historians note the vital role he over Harrison because he knew he played in passing the Lend-Lease Act, often. could count on Barkley to shepherd his Becoming a lawyer in Paducah, repealing the Arms Embargo Act and New Deal policies through the upper the Neutrality Act, and enacting the Barkley’s political career began with a Chamber. Besides his public letter, race for county attorney in McCracken first peacetime military draft. FDR also dispatched aides to exert As the Senate majority leader, Bar- County. The history books tell us he pressure on Senators to vote for Bar- kley eagerly embraced the responsi- bought a one-eyed horse named Dick kley. bility to lead the charge for the admin- and stumped the whole county riding One week after Robinson’s death, all istration’s legislation. But some- that horse. 75 Senate Democrats met to vote—75. times—sometimes—the President took At 27 years old, he toppled the in- With 74 votes tallied, Barkley and Har- the loyal leader for granted. cumbent in the Democratic primary rison stood tied at 37 votes apiece. The That ended when Senator Barkley and easily won the general election in 75th and final vote put Barkley over dramatically broke with his beloved 1905, for Kentucky in those days was the top. Senator Barkley had won the President on a matter of principle. very much a one-party State. election, but he had lost a much more Barkley’s move may have angered Barkley then won election as important race with his colleagues. Roosevelt, but by stepping out of the McCracken County judge before going As the Presiding Officer and all of my President’s shadow and throwing off to the U.S. House of Representatives in friends in the Chamber know, the Sen- the impression of servility that the 1912. Kentucky voters re-elected Bar- ate has the sole power to choose its mocking phrase ‘‘Dear Alben’’ implied, kley, an avid progressive and devotee own leaders and chart its own course of Barkley forever earned the respect and of President Woodrow Wilson, six times affairs, without interference from the trust of his Senate colleagues. until sending him to this Chamber in executive branch. And every Senator The principle Barkley made his stand 1926. guards that right very seriously. on is one dear to my heart; and that is, Barkley’s long shadow over history Many Senators took offense at the keeping taxes low. By February 1944, was fixed here in the Senate, where he President’s influence in Senator America was at war with the Axis Pow- served from 1927 to 1949, and then after Barkley’s election, and Barkley, frank- ers, and President Roosevelt wanted to his Vice Presidency again from 1955 ly, paid the price. His colleagues grant- raise taxes considerably to pay for it. until his death in 1956. ed him the title of majority leader, but He requested a tax increase of $10.5 bil- Here in the Senate, Barkley became not the accompanying authority or re- lion, which was, apparently, a lot of known as a first-rate speechmaker and spect. money in those days.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 9, 2007 CONGRESSIONAL RECORD — SENATE S245 Majority Leader Barkley knew that telegrams. Roosevelt saw when he was In fact, Barkley kept his keen sense the Senate didn’t have nearly the appe- beaten and wrote a letter urging Bar- of humor. In a speech to newly elected tite for higher taxes that the President kley not to resign. But he needn’t have Senators in 1945, Barkley warned them did. A $10.5 billion tax hike simply bothered. to run ‘‘for the tall and uncut’’ if they could not pass. The next day, the Democrats unani- ever received a letter from the Presi- But Barkley did the best he could for mously reelected Barkley to the lead- dent that began with ‘‘Dear’’ followed his President, and successfully steered er’s post. ‘‘Make way for liberty!’’ by their first name. through the Finance Committee and shouted Texas Senator Tom Connally, Like so many other revered figures onto the floor a bill to raise revenues expressing the joy of his colleagues who have occupied these chairs, Alben by $2.2 billion. that their leader, and by extension, the Barkley loved the Senate, and he Barkley pleaded with Roosevelt to entire Senate, had stood up for the fought to protect it. As the Senate ma- accept the bill as the best he could get Senate’s independence as a co-equal jority leader, that was his duty, and he and to sign it. He knew the Senate, and branch. fulfilled it without hesitation. he knew his Senators. But the Presi- The Senate turned back Roosevelt’s After 4 years as Vice President to dent dismissed the leader’s advice. veto 72 to 14, and this time Alben Bar- Truman, Barkley retired from politics, Even though he knew it was coming, kley led his colleagues to win that seemingly forever. But he longed to re- Roosevelt’s veto message stung Bar- vote. Senator Elbert Thomas of Utah turn to this Chamber which had seen kley. It was petty, and it was personal. summed up the newfound power and his greatest successes and his most ig- prestige of the majority leader. The President wrote that, having noble defeats. So he ran for and won re- ‘‘By his one-vote margin in the 1937 asked the Congress for a loaf of bread, election in 1954, ousting Republican contest when he was first elected lead- the final bill was ‘‘a small piece of er, the impression was given, and it has John Sherman Cooper. crust.’’ Then his next words struck been the impression ever since, that he Alben Barkley died on April 30, 1956. hardest of all. He declared the final bill spoke to us for the president,’’ Thomas He left this world doing what he as ‘‘not a tax bill but a tax-relief bill, said. ‘‘Now he speaks for us to the loved—giving a speech. providing relief not for the needy, but president.’’ In his final moments, he explained to for the greedy.’’ The majority leader and the Presi- a crowd of students at a mock conven- After years of devotion and support dent mended the breach soon after and tion at Washington and Lee University to the President—often at the cost of continued to work together. But you that as a newly elected Senator, he had the respect of his own colleagues—this could say their relationship was never refused a seat in the front row of this insult to his integrity as a legislator, a again the same. Chamber, despite his decades of serv- leader, and a disciple of the New Deal That summer, the Democratic Na- ice. was too much for Barkley. tional Convention nominated President ‘‘I am glad to sit in the back row,’’ Overwhelmed with passion, Barkley Roosevelt to an unprecedented fourth the 78-year-old Barkley said. ‘‘For I dictated a speech to his secretary and term. But with Vice President Wallace would rather be a servant in the house walked out to the Senate floor. Word deemed too liberal by most of the party of the Lord than to sit in the seats of had leaked of what was coming. Jour- and dumped from the ticket, the Presi- the mighty.’’ nalists packed the galleries, and many dent needed a new running mate. Could Those were Senator Barkley’s last Senators took their seats to listen to it be Barkley? words before he collapsed. The crowd’s their leader. As the convention opened, Barkley applause was the last thing he would For the first time Senator Barkley, emerged as a seeming front-runner. He hear, before suffering a massive heart Washington’s most famous raconteur, had the respect and confidence of the attack. seemed to nervously stumble over his delegates. The Kentucky delegation— I wanted to share the story of Alben words. His voice cracked with emotion not surprisingly—formally endorsed Barkley with my colleagues because I as he related his history of steadfast him. know that as we all debate the issues support for the Roosevelt administra- But ever since breaking with Roo- of the day in the Senate, we are mind- tion. sevelt in February, the President had ful not just of what is happening in our I dare say that during the past seven years had ‘‘a certain intangible reserve’’ to- country today, but what has gone be- of my tenure as majority leader, I have car- wards the majority leader. Roosevelt fore. History, and men like Alben Bar- ried that flag over rougher terrain than was emphatically told his supporters Bar- kley, has much to teach us. ever traversed by any previous majority kley was unacceptable as a running leader, Politics in America today can often mate. be a bruising exercise. But I take com- Barkley explained. Of course, we all know that the 1944 fort in Alben Barkley’s reminder that vice presidential nomination eventu- But . . . there is something more precious even if that is true, we can and should to me than any honor that can be conferred ally fell to another Senator, Harry put principle over the pursuit of power. upon me by the Senate of the United States, Truman of Missouri, who was hand We’ve just had a hard-fought elec- or by the people of Kentucky . . . picked by the President himself. Or by the president of this Republic. And And we all know that in April 1945, tion. I for one, have always enjoyed a that is the approval of my own conscience less than 3 months after taking the good political contest. and my own self-respect. oath of office for his fourth term, I appreciate the opportunity to And with that Alben Barkley re- Franklin Delano Roosevelt died. His present a set of principles and ideals to signed as majority leader. health had been failing for some time, the people and to hear their choice Barkley had always believed the even back during the 1944 convention. when they cast their votes. leader must have overwhelming sup- Harry Truman became the 33rd Presi- But while we spar in the arena of port for the President’s position. Un- dent of the United States. Alben Bar- ideas, let’s not forget what we’re spar- able to give that, stepping down was kley stayed on as Senate majority ring for. The goal is not just to win, his only choice. leader and narrowly missed becoming but to win because you stand for a Nearly every Senator in the chamber the first President from Kentucky cause that will better your countrymen rose for a thunderous ovation. The gal- since Abraham Lincoln. and your country. leries stood as one to applaud as well. Henry Clay, who once held Alben Many of my colleagues on both sides Longtime Senators said they could not Barkley’s Senate seat, said ‘‘I would of the aisle understand that lesson remember the last time a speech re- rather be right than be President.’’ well. It is an honor for me to share this ceived such a tremendous response, and Alben Barkley lived by that motto. floor with them. Vice President Henry Wallace called it He chose to stand for his personal I am looking forward to continuing ‘‘the most dramatic occasion in the sense of honor and the integrity of the the contest in the time ahead. For now, U.S. Senate over which I ever pre- Senate, knowing it could cost him the we are ready to roll up our sleeves and sided.’’ favor of the President and possibly the get back to work on behalf of the Within a day of Barkley’s declaration Vice-Presidential nomination. It did. American people. of independence, he received over 7,000 But Alben Barkley never regretted it. I yield the floor.

VerDate Mar 15 2010 21:25 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S09JA7.REC S09JA7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S246 CONGRESSIONAL RECORD — SENATE January 9, 2007 RESERVATION OF LEADER TIME other than President Clinton. Presi- authorize a particular formulary, or to insti- dent Clinton made that comment as tute a price structure for benefits, or to oth- The ACTING PRESIDENT pro tem- erwise interfere with the competitive nature pore. Under the previous order, the part of his June 1999 plan for strength- ening and modernizing Medicare for of providing a prescription drug benefit leadership time is reserved. through benefit managers. the 21st century. President Clinton f went on to say that under his plan This is the first bill—the very first one—where the noninterference clause MORNING BUSINESS ‘‘prices would be determined through negotiations between the private ben- appeared. This is the first prohibition The ACTING PRESIDENT pro tem- efit administrators and drug manufac- in present law on Government negotia- pore. Under the previous order, there turers.’’ tion that was introduced. But S. 2342 will be a period for the transaction of I quote further: wasn’t introduced by a Republican; it morning business until 11 a.m., with The competitive bidding process would be was introduced by my esteemed col- the first half of the time under the con- used to yield the best possible drug prices league, the late Senator Moynihan. trol of the minority, and the second and coverage, just as it is used by large pri- One month later, there was a bill, S. half of the time under the control of vate employers and by the Federal Employ- 2541, introduced. I will read some of the the majority. ees Health Benefits Plan today. language that was in that bill. That The Senator from Iowa. President Clinton also described his bill said this; I have it on the chart: f plan as using private negotiators as op- The secretary may not (1) require a par- posed to Government negotiators, be- ticular formulary, institute a price structure MEDICARE DRUG BENEFIT cause ‘‘these organizations have experi- for benefits; (2) interfere in any way with ne- Mr. GRASSLEY. Mr. President, I enced managing drug utilization and gotiations between private entities and drug welcome the new Presiding Officer to have developed numerous tools of cost manufacturers, and wholesalers; or (3) other- wise interfere with the competitive nature of the Senate. I look forward to working containment and utilization manage- ment.’’ providing a prescription drug benefit with him as a new Senator. I hope he through private entities. enjoys his time in the Senate. Does this ring any bells? It should be- I will make it clear that this wasn’t I am back here again today, as I was cause it is the same framework used in a Republican bill, either. It was intro- yesterday, to talk about the Medicare today’s Part D Medicare prescription duced, as you can see, at that time by drug benefit. Yesterday I spoke about drug benefit, private negotiations with Senator Daschle, who was joined by 33 how the benefit uses prescription drug drug companies, and it is based on the other Democrats, including 3 who are plans and competition—with emphasis nearly 50-year history of the Federal still prominent in the Senate—REID, upon competition—to keep costs down Employees Health Benefits Program. I would like to refer to another part DURBIN, and KENNEDY. That is right. I for our senior citizens. I spoke about of Medicare history for memory’s sake want you all to know that 33 Senate how well that system of competition as well. This is another interesting Democrats cosponsored a bill with a that is in the prescription drug bill has spot on memory lane for history buffs. noninterference clause in it. You see, it been working for the last 2 years of its The Clinton plan had a coverage gap turns out that the Democrats didn’t operation. Today I want to get to the that we refer to in the Senate as the want the Government—nor did Presi- crux of this debate and a debate that is doughnut hole, just like the bill even- dent Clinton—interfering in the private going to take place a few days from tually signed into law in 2003. sector negotiations either. They recog- now in this Chamber, the so-called pro- Like many others, the brandnew nized then that the private sector hibition on Government negotiation Speaker of the House has questioned would do a better job, and they didn’t with drugmakers. why one would pay premiums at a want some Government bureaucrat Opponents of the Medicare drug ben- point in time when you are not receiv- messing it up. efit have misrepresented what we call ing benefits, as is the case with the I will go to another chart. In June the ‘‘noninterference clause’’ language. doughnut hole. Well, that is how insur- 2000, two Democratic bills were intro- That language doesn’t prohibit Medi- ance works. We all know how the in- duced in the House of Representatives care from negotiation with drugmak- surance industry works. Go look at that also included noninterference lan- ers. It prohibits the Government from your homeowner and auto policies and guage. H.R. 4770 was introduced by interfering in negotiations that are ac- Part B Medicare. You pay premiums to then-Democratic leader Dick Gephardt. tually taking place. have coverage. That is how President That bill had more than 100 Democrats Much of this debate hinges on a con- Clinton’s plan was meant to work, if it cosponsoring, including the new Speak- venient lapse of memory that I am had become law. er of the House—then not speaker— going to emphasize during my remarks In Sunday’s Washington Post, the NANCY PELOSI, and Representatives about the history of the noninter- new Speaker of the other body, PELOSI, RANGEL, DINGELL, and STARK. RANGEL, ference clause. So today I want to take was quoted about having a doughnut DINGELL, and STARK are people whom I my colleagues on a little trip down hole. She said: have worked closely with in Congress memory lane. For our first stop on How could that be a good idea, unless you recently on a lot of health legislation memory lane, I would like to read are writing a bill for the HMOs and pharma- or tax legislation—or trade legislation, something. This is a quote from some- ceutical companies and not for America’s in the case of Congressman RANGEL. one talking about their very own Medi- seniors? The prohibition on Government nego- care drug benefit proposal: Was she referring to President Clin- tiation included in that House bill was Under this proposal, Medicare would not ton’s plan proposed in 1999? As I said, almost identical to the language Sen- set prices of drugs. Prices would be deter- he proposed his plan in June of that ator Daschle had in his bill. Here is the mined through negotiations between private year. On April 4, 2000, S. 2342 was intro- benefit administrators and drug manufactur- text of the actual noninterference duced in the Senate. S. 2342 would have clause included in the bill signed by ers. created a drug benefit administered The person who said this clearly the President in 2003, present law— through private benefit managers. So what we refer to as Part D now: wanted private negotiation with drug here again would be private nego- Noninterference.—in order to promote companies for a Medicare benefit, not tiators negotiating with the drug com- Government negotiations. The person I competition under this part and in carrying panies to save seniors money on their out this part, the secretary (1) may not quoted was proposing—and I will quote prescription drugs. Does that sound fa- interfere with the negotiations between drug again what he said—‘‘negotiations be- miliar? It is just like today’s Medicare manufacturers and pharmacies and PDP tween private benefit administrators Program that is law. sponsors; and (2) may not require a par- and drug manufacturers.’’ I don’t think Here is another important stop down ticular formulary or institute a price struc- that person could be more clear in our memory lane. That bill, S. 2342, in- ture for reimbursement of covered part D what he was attempting to accomplish troduced in 2000, included language on drugs. with his proposal. noninterference: Well, that sounds a bit like what was You are going to be shocked to hear Nothing in this section or in this part shall sponsored by Democrats over the last who said this. The quote is from none be construed as authorizing the secretary to several years. Last week, the senior

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