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Congressional Record—Senate S10764

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Congressional Record—Senate S10764 S10764 CONGRESSIONAL RECORD — SENATE October 8, 2004 AMERICAN JOBS CREATION ACT Bill Frist, Mitch McConnell, Harry Reid, Mr. MCCONNELL. Mr. President, I OF 2004—CONFERENCE REPORT John Cornyn, Craig Thomas, James ask unanimous consent that the pend- Inhofe, Mike Crapo, Conrad Burns, THE PRESIDING OFFICER. The ma- ing amendment be temporarily set Norm Coleman, Tom Daschle, Lamar aside. jority leader is recognized. Alexander, James Talent, Wayne Mr. FRIST. I now move to proceed to Allard, Gordon Smith, Larry Craig, The PRESIDING OFFICER. Without the conference report to accompany Robert Bennett, Pete Domenici, Susan objection, it is so ordered. H.R. 4520. Collins. AMENDMENT NO. 4035, AS MODIFIED The PRESIDING OFFICER. The The PRESIDING OFFICER. By unan- Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion imous consent, the mandatory quorum call up amendment No. 4035 for the ma- to proceed to the conference report. call has been waived. jority leader, Senator FRIST. I under- Without objection, the motion is The question is, Is it the sense of the stand a modification to the amendment agreed to. Senate debate on Amendment No. 3981, is at the desk. I ask unanimous consent CLOTURE MOTION offered by the Senator from Kentucky, that the modification be accepted. Mr. FRIST. Mr. President, I send a Mr. MCCONNELL, shall be brought to a The PRESIDING OFFICER (Mr. cloture motion to the desk. close? ALLARD). Is there objection? The PRESIDING OFFICER. The clo- The yeas and nays are mandatory The Senator from Nevada. Mr. REID. Mr. President, I suggest ture motion having been presented under the rule. the absence of a quorum. under rule XXII, the Chair directs the The clerk will call the roll. The PRESIDING OFFICER. The clerk to read the cloture motion. The legislative clerk called the roll. Mr. MCCONNELL, I announce that clerk will call the roll. The legislative clerk read as follows: The legislative clerk proceeded to CLOTURE MOTION the Senator from Colorado (Mr. CAMP- BELL), the Senator from Georgia (Mr. call the roll. We the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I CHAMBLISS), and the Senator from New ance with the provisions of rule XXII of the ask unanimous consent that the order Hampshire (Mr. SUNUNU) are nec- Standing Rules of the Senate, hereby move for the quorum call be rescinded. to bring to a close debate on the conference essarily absent. Mr. HARKIN. Mr. President, I object. report to accompany H.R. 4520, a bill to Mr. REID, I announce that the Sen- The PRESIDING OFFICER. Objec- amend the Internal Revenue Code of 1986 to ator from North Carolina (Mr. tion is heard. remove impediments in such code and make EDWARDS), the Senator from Florida our manufacturing service technology busi- The legislative clerk continued with (Mr. GRAHAM), the Senator from South nesses and workers more competitive and the call of the roll. Carolina (Mr. HOLLINGS), the Senator productive both at home and abroad. Mr. MCCAIN. Mr. President, I ask Bill Frist, Chuck Grassley, Ted Stevens, from Massachusetts (Mr. KERRY), the unanimous consent that the order for Kay Bailey Hutchison, Conrad Burns, Senator from Vermont (Mr. LEAHY), the quorum call be rescinded. Thad Cochran, Norm Coleman, George and the Senator from Connecticut (Mr. Mr. HARKIN. I object. Allen, Larry Craig, Trent Lott, Mitch LIEBERMAN) are necessarily absent. The PRESIDING OFFICER. Objec- McConnell, Jon Kyl, Craig Thomas, The PRESIDING OFFICER (Mr. tion is heard. John Cornyn, Ben Nighthorse Camp- BOND). Are there any other Senators in bell, Elizabeth Dole, and James Talent. The legislative clerk continued with the Chamber desiring to vote? the call of the roll. Mr. FRIST. I believe we are now The yeas and nays resulted—yeas 88, Mr. HATCH. Mr. President, I ask ready to proceed to the cloture vote on nays 3, as follows: unanimous consent that the order for the McConnell-Reid amendment to the [Rollcall Vote No. 204 Leg.] the quorum call be rescinded. intelligence resolution. YEAS—88 Mr. HARKIN. I object. f Akaka Dodd Lugar Mr. HATCH. I cannot make a unani- INTELLIGENCE COMMITTEE Alexander Dole McConnell mous consent request. Allard Domenici REORGANIZATION Mikulski Mr. HARKIN. I object. Allen Dorgan Miller Mr. HATCH. I ask unanimous consent The PRESIDING OFFICER. Under Baucus Durbin Murkowski Bayh Ensign that the order for the quorum call be the previous order, the Senate will re- Murray Bennett Enzi Nelson (FL) rescinded. sume consideration of S. Res. 445, Biden Feingold Nelson (NE) The PRESIDING OFFICER. Without Bingaman Feinstein which the clerk will report. Nickles Bond Fitzgerald objection, it is so ordered. Pryor The legislative clerk read as follows: Boxer Frist Mr. HATCH. Mr. President, I ask A resolution (S. Res. 445) to eliminate cer- Breaux Graham (SC) Reed unanimous consent that I be permitted tain restrictions on service of a Senator on Brownback Grassley Reid Roberts to speak for up to 1 hour and after that the Senate Select Committee on Intel- Bunning Gregg Rockefeller the quorum be reinstituted. ligence. Burns Hagel Byrd Harkin Santorum Mr. REID. Reserving the right to ob- Pending: Cantwell Hatch Sarbanes ject, his hour will be counted against McConnell/Reid/Frist/Daschle Amendment Carper Hutchison Schumer the time for the cloture; is that right? No. 3981, in the nature of a substitute. Chafee Inhofe Sessions Clinton Inouye Shelby Mr. HATCH. No, because I am not Bingaman (for Domenici) Amendment No. Cochran Jeffords Smith speaking on the bill. 4040 (to Amendment No. 3981), to transfer ju- Coleman Johnson Snowe Mr. REID. I object, then. risdiction over organization and manage- Conrad Kennedy Specter Mr. HATCH. That is fine. ment of United States nuclear export policy Cornyn Kohl Stabenow Mr. REID. I objected. to the Committee on Energy and Natural Re- Corzine Kyl Stevens Mr. HATCH. Fine. Your request is sources. Craig Landrieu Talent Crapo Lautenberg Thomas fine. CLOTURE MOTION Daschle Levin Warner Mr. REID. The hour will be counted? Dayton Lincoln The PRESIDING OFFICER. Under Wyden DeWine Lott Mr. HATCH. Fine. the previous order, the cloture motion The PRESIDING OFFICER. Without having been presented under rule XXII, NAYS—3 objection, it is so ordered. the Chair directs the clerk to read the Collins McCain Voinovich The Senator from Utah is recognized motion. NOT VOTING—9 for 1 hour. The legislative clerk read as follows: Campbell Graham (FL) Leahy Mr. HATCH. I thank the distin- CLOTURE MOTION. Chambliss Hollings Lieberman guished minority whip and, of course, We the undersigned Senators in accordance Edwards Kerry Sununu my friend from Iowa for their courtesy. with the provisions of rule XXII of the stand- The PRESIDING OFFICER. On this I have been wanting to give these Sen- ing rules of the Senate do hereby move to vote, the yeas are 88, the nays are 3. ate remarks as in morning business bring to a close debate to the pending ever since yesterday. amendment on S. Res. 445, a resolution to Three-fifths of the Senators duly cho- eliminate certain restrictions on service of a sen and sworn having voted in the af- MEDICARE MODERNIZATION ACT Senator on the Senate Select Committee on firmative, the motion is agreed to. Mr. President, over the past few Intelligence. The assistant Republican leader. weeks several of our colleagues on the VerDate Mar 15 2010 21:49 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S08OC4.REC S08OC4 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2004 CONGRESSIONAL RECORD — SENATE S10765 other side of the aisle have given rous- Rick Foster, the chief actuary for the This noninterference clause does not ing statements on health care. Centers for Medicare and Medicaid prohibit Medicare from negotiating There is no question that health care Services confirmed these facts to us with drug makers. It prohibits CMS is of paramount importance on Amer- earlier this year in a Finance Com- from interfering in those negotiations. ican families. On that we can all agree. mittee briefing and we all know that. That is a far cry from some of the fal- I am sure it will come as no surprise Even after that briefing, however, some lacious statements that have been that I disagree with a number of points chose to continue this erroneous at- made on this floor. my colleagues have raised. In fact, tack, perhaps because they did not Let me be clear, the non-interference some of their allegations are just plain take the time to attend the briefing. clause is at the heart of the bill’s wrong, particularly with respect to the To me, this is but another indication of structure for delivering prescription Medicare prescription drug law which I election year hyperbole. drug benefits. This clause ensures helped to negotiate. Let me also be clear that we did have those savings will result from market I was a member of the tripartisan the official cost estimate on the Medi- competition, rather than through price group that came up with a bill that I care bill before the vote. That esti- fixing by the CMS bureaucracy. That is think would have been supported by mate, as my colleagues are well aware, what was behind this. Let’s not distort the 20 Democrats at the time. I have is the one from the Congressional these provisions. been working on this ever since and Budget Office, not CMS. That is what What is ironic about the minority was on the conference committee, sat binds us. That cost estimate, our offi- charges on this provision—some in the in for days, weeks, and months on that cial cost estimate, by the entity we minority; not all in the minority would conference committee to negotiate this rely on in Congress, was available to agree with some of these fallacious bill.
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