E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, THURSDAY, SEPTEMBER 23, 2004 No. 116 Senate The Senate met at 11 a.m. and was appoint the Honorable JOHN ENSIGN, a Sen- plans for tomorrow afternoon, to be called to order by the Honorable JOHN ator from the State of Nevada, to perform able to complete that either this after- ENSIGN, a Senator from the State of the duties of the Chair. noon or tonight or tomorrow. Again, I Nevada. TED STEVENS, think we can do them both today. I President pro tempore. just want all of our Senators to work PRAYER Mr. ENSIGN thereupon assumed the together and talk to the managers of The Chaplain, Dr. Barry C. Black, of- Chair as Acting President pro tempore. both bills, if people have concerns, over fered the following prayer: f the course of the morning. Let us pray. Eternal Lord God, You are our hiding RECOGNITION OF THE MAJORITY SPEECH OF PRIME MINISTER ALLAWI OF place. You alone are our mighty rock LEADER We have just completed a wonderful and fortress. Thank You for providing The ACTING PRESIDENT pro tem- and, I should add, inspiring joint meet- us with shelter from life’s storms and pore. The majority leader is recog- ing of Congress with Prime Minister for making us Your children. Teach us nized. Allawi, just 15 or 20 minutes ago. In- to serve and honor You. deed, he laid out both the great Strengthen our Senators and give f progress that has been made but his ab- them inward peace. Infuse them with SCHEDULE solute commitment to free and fair the wisdom that strives for faithful- Mr. FRIST. Mr. President, this morn- elections in January in Iraq, making ness. Let that faithfulness so energize ing, the Senate will conduct a period of the statement that he understands them that harmony will overcome dis- morning business for up to 30 minutes, that, because of the intent of terrorists cord. May the effects of this unity be with the first 15 minutes under the to disrupt those elections, it is going to felt in our Nation, inspiring people to control of the majority and the fol- be very tough. seek for common ground. lowing 15 minutes under the control of He looked at it very realistically. He Bless and protect America. Make it a the Democratic leader or his designee. said the elections will be fair and free, land that provides freedom’s lamp to Following morning business, we hope recognizing that in other great coun- our world. Sustain our military and tries today, when they had their first provide for its needs, according to Your to begin consideration of the Foreign Operations appropriations bill under a elections, as they moved toward de- glorious riches and power. We pray this mocracy, it was challenging. He recog- in Your Holy Name. Amen. limited agreement on amendments. It is very important we address that bill. nizes those challenges. But again and f We have made good progress this week again, to standing rounds of applause, PLEDGE OF ALLEGIANCE on the appropriations bills. As we set he expressed his commitment to those elections in January. The Honorable JOHN ENSIGN led the out last week, for this week the focus Pledge of Allegiance, as follows: needed to be to address as many of the Mr. President, I will close by saying I pledge allegiance to the Flag of the appropriations bills as possible. It is Members can expect a busy afternoon United States of America, and to the Repub- my hope that following morning busi- with votes throughout the day. If we lic for which it stands, one nation under God, ness we can go directly to the Foreign are to finish those bills, and we cannot indivisible, with liberty and justice for all. Operations appropriations bill, deal do them over the course of the after- f with those amendments today, and noon, we might well stay into this evening. So I encourage people to keep APPOINTMENT OF ACTING vote on that bill today. their schedules flexible. If we finish our PRESIDENT PRO TEMPORE We are also waiting to receive the family friendly tax cut conference re- business today, of course, we would not The PRESIDING OFFICER. The port from the House of Representatives have to vote tomorrow morning. But clerk will please read a communication later today. We will complete action on these are two important pieces of legis- to the Senate from the President pro that measure before we adjourn for the lation that we need to address. tempore (Mr. STEVENS). Yom Kippur holiday, which begins to- Next week—and the reason there is The legislative clerk read the fol- morrow evening. this time sensitivity—we will have an lowing letter: I know both of these issues are issues issue which really rises above all oth- U.S. SENATE, people have been addressing and have ers; that is, the safety and security of PRESIDENT PRO TEMPORE, thought about, and I am confident we the American people. We have been ad- Washington, DC, September 23, 2004. To the Senate: can do those over the course of the day dressing appropriate intelligence re- Under the provisions of rule I, paragraph 3, and/or tomorrow morning. I do want, form, addressing it in committee very of the Standing Rules of the Senate, I hereby because I know people have travel satisfactorily in a very productive way

∑ 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 22:24 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S23SE4.REC S23SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9540 CONGRESSIONAL RECORD — SENATE September 23, 2004 over the course of this week. That in- complete yet one more appropriations and-a-half times the rate of inflation, telligence reform is now out of com- bill this week. and there is no end in sight. mittee and ready to be brought to the So I am hopeful we can complete our The typical senior will pay $191 more floor, or will be shortly after the appro- work on time. I would hope we could do for their drugs this year than they did priate paperwork and processing is so this afternoon. I do think that in re- in 2003. This has sent a lot of seniors done. The intent would be to go to that spect for the Jewish holiday it is im- looking for solutions, and many are Monday as the next order of business. portant for us to complete our work to looking to Canada. That is why we really need, as leader- allow Senators the opportunity to Recently, a man in the town of ship from both sides of the aisle, to travel tomorrow. Mitchell, SD contacted my office with have people focused on the immediate Next week, we look forward to the a question: Was the prescription drug business before us, in an orderly, sys- debate on the legislation passed out of card he was considering better than the tematic way, so we can turn our atten- the Governmental Affairs Committee savings he was getting in Canada? The tion on the floor to the report that has regarding recommendations from the 9/ answer is that it wasn’t. He and his come out of the Governmental Affairs 11 Commission. Again, as I have said wife were saving 50 percent when they Committee as it deals with intel- several times this week, I think that got their drugs from Canada, much ligence. our two leaders, Senators COLLINS and more of a benefit than they would get With that, Mr. President, I yield the LIEBERMAN, have done an outstanding from the drug card. floor. job. I would hope that the spirit of bi- His doctor told him what he was doing was safe; his wife’s quilting f partisanship that was so clearly on dis- play during those deliberations could group was very excited about the sav- RECOGNITION OF THE MINORITY be achieved in equal form here on the ings they could get. There was only one LEADER Senate floor next week and, I might problem: they were afraid what they The ACTING PRESIDENT pro tem- say, as we go to conference. were doing was illegal. Technically, pore. The Democratic leader is recog- I heard some disconcerting news this what they wanted to do—purchase in nized. morning that there are some in the Canada the same, safe, doctor-pre- House of Representatives who may scribed and FDA approved drugs that f want to insert in this legislation ex- they would get in America—is illegal. ORDER OF PROCEDURE tremely divisive and counterproductive And the only reason that it is illegal is Mr. DASCHLE. Mr. President, I ask language having to do with expansion because there are those who would put unanimous consent that when we move of the PATRIOT Act. Whether we the profits of drug companies over the ought to expand the PATRIOT Act is needs of America’s seniors. That needs to morning business Senator KENNEDY have the first 15 minutes of the time certainly a matter for debate, but if we to change. The drug companies and their friends allotted to the Democratic caucus. are going to maintain that kind of bi- in Congress have tried to stop straight- The ACTING PRESIDENT pro tem- partisan spirit, provisions such as forward reforms by making the issue of pore. Without objection, it is so or- those could be extraordinarily counter- health care appear complicated or even dered. productive. I think we need to be very concerned as we complete our work dangerous. The White House tells us f that we do so in as broad a bipartisan that reimportation wouldn’t be safe. SPEECH OF PRIME MINISTER fashion as was demonstrated in the But just the other day, an executive ALLAWI Governmental Affairs Committee. from Pfizer said it was ‘‘outright de- f rogatory’’ to suggest that reimporta- Mr. DASCHLE. Mr. President, I share tion wasn’t safe. These are the same the view of the majority leader that we NEED TO VOTE ON drugs, manufactured to the same safe- have just experienced a historic mo- REIMPORTATION ty standards. ment. Prime Minister Allawi spoke for Mr. DASCHLE. Mr. President, we What is not safe is when seniors skip all of us as he expressed the hope and have just two short weeks before the doses or split pills because they can’t vision for democracy in his country. Senate is scheduled to adjourn. Regret- afford their full prescription. That is His speech was eloquent, and I believe tably, this Congress seems on track to the real safety issue. it was a stirring reminder of the impor- be remembered for all the different There is not mystery to bringing tance that we all must place on the on- challenges it failed to confront. down drug costs. You don’t need a PhD going effort to ensure that the people Forty-five million Americans lack in economics. You just need common of Iraq have an opportunity to experi- health insurance, and this Congress has sense. If two stores offer the exact ence democracy for the first time in done nothing to lower the cost of same product, you save money if you their history. health care. Medicare premiums are set buy it from the store that is selling it I ask unanimous consent that the to rise 17 percent next year, and yet for less. speech be made a part of the RECORD. this Congress has done nothing to keep It works the same for medicine. Drug (The speech is printed in today’s these increases from eating into sen- companies charge American consumers RECORD of the House Proceedings at iors’ Social Security benefits. Eight the highest prices in the world. Some page H7446.) million Americans are out of work, and medicines cost American patients five f we have let a jobs bill that would stop times more than they cost patients in the flow of American jobs overseas lan- other countries. COMPLETING SENATE BUSINESS guish on the shelf. By giving Americans the freedom to Mr. DASCHLE. Mr. President, I also America deserves better. find the best price, we can lower the note the interest of leadership on both Today I want to talk specifically cost of prescription drugs for all Amer- sides in following through with what about an issue that has strong bipar- icans. This isn’t a Republican solution the majority leader has just described. tisan support, is vitally important to or a Democratic solution. It is a com- I think it is important for us to com- millions of Americans, and one that we mon-sense solution. plete the work on the tax bill this felt the majority leader was committed What doesn’t make sense is why we morning, or this afternoon at the lat- to considering. I am talking, of course, haven’t done this already. In March, est. I have no indication there is an ob- about the price of prescription drugs. the Republican leader said that we jection to bringing up the conference Each year, the cost of prescription would begin a process of ‘‘developing report. I hope we could have a short pe- drugs outpaces inflation and moves fur- proposals to allow for the safe re-im- riod for deliberation and a vote. ther out of reach for far too many portation of FDA-approved prescrip- We would be prepared to move to the Americans. This is particularly tough tion drugs.’’ But, the Republican leader Foreign Operations bill with or with- on seniors, many of whom are living on was quoted as saying it was doubtful out an agreement. There is no opposi- fixed incomes. The AARP revealed last that we would have the opportunity to tion to moving to the bill on our side. week that during the first quarter of vote on prescription drug reimporta- Again, it provides an opportunity to 2004, drug prices rose more than three- tion legislation.

VerDate Mar 15 2010 22:24 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S23SE4.REC S23SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 2004 CONGRESSIONAL RECORD — SENATE S9541 A number of us have sent a letter built our country. They stood by it unfair subsidies, instead of using those asking the Republican Leader to recon- through World War II and the Cold funds for a decent drug benefit or to sider his position and allow us to vote War, through good economic times and keep premiums at affordable levels. on our legislation legalizing reimporta- bad. Medicare is a commitment to Every major company and every tion before the Senate adjourns. stand by them, to guarantee the afford- major health plan in America nego- This problem isn’t going to go away able health care they need in their re- tiates prices for drugs. The Veterans if we ignore it. It has gotten worse for tirement. Administration does it to see that vet- the past decade, and it will keep get- As George Bush said in his accept- erans pay fair prices for the drugs they ting worse until we act. Tomorrow, ance speech to the Republican conven- take. But when it comes to using the hundreds of seniors will gather outside tion on September 2, ‘‘we have a moral negotiating power of Medicare, the the Capitol to make their voices heard responsibility to honor America’s sen- Bush Medicare bill says, ‘‘Oh, no—not on this issue. Those voices must also be iors.’’ He’s right about that—but senior for senior citizens.’’ heard inside the Capitol as well. citizens know that on Medicare, George George Bush must think the CEOs of It is time we make the statement Bush may say the right words, but he the drug companies need senior citi- that the pocketbooks of Americans are constantly does the wrong things. zens’ money more than senior citizens more important than the profits of big The Medicare crisis gets worse every do. Senior citizens are living on fixed drug companies. It is time the Senate day for our seniors. The Administra- incomes—and his Medicare bill is a fix got a chance to provide seniors real, tion’s Medicare bill was passed by Con- to give away millions to drug industry meaningful relief from high drug costs. gress, but only after the Administra- CEOs. I yield the floor. tion concealed its true cost—and broke Not only does the Bush Medicare bill the law in the process. Now they are at f block imports of drugs at fair prices, it again. As the Washington Post re- the Bush Administration and the Re- RESERVATION OF LEADER TIME ported last Sunday, the Administration publican Congress won’t even allow a The ACTING PRESIDENT pro tem- concealed internal estimates showing vote on bipartisan legislation to give pore. Under the previous order, the that the cost of the bill is even high- senior citizens and all other Americans leadership time is reserved. er—$42 billion higher—than they ad- safe access to affordable imported mitted in January. drugs. f Last week we learned that the Ad- President Bush said in Muskegon, ministration has suppressed estimates MORNING BUSINESS Michigan, two weeks ago that he op- showing that Medicare cost sharing The ACTING PRESIDENT pro tem- posed drug imports because he wants to and premiums will eat up more than 40 pore. Under the previous order, there make sure the drugs were safe. Our percent of the total Social Security will be a period for the transaction of GOP Senate Majority Leader says he benefit of the typical 85 year old. Three morning business for up to 30 minutes, won’t allow a vote on the issue in the weeks ago, the Bush Administration with the first 15 minutes under the Senate, because he wants to protect announced the highest premium in- control of the Democratic leader or his Americans from unsafe drugs. crease in Medicare’s entire history. designee, and the final 15 minutes That’s the Bush doubletalk in action. The safe drug argument is a sham. under the control of the majority lead- Pledge to honor our senior citizens on Our bipartisan bill guarantees safety. er or his designee. September 2, impose the highest Medi- The only drugs that can be imported The Senator from Massachusetts. care premium increase in history on are drugs approved by the FDA and f September 3, hide the truth about the manufactured in FDA approved plants. erosion of Medicare on September 14, The fact is that George Bush and the WELCOMING PRIME MINISTER Republican leadership won’t allow a ALLAWI and suppress yet another estimate of the cost of the Medicare bill on Sep- Senate debate because they’re afraid to Mr. KENNEDY. Mr. President, if the tember 19. And that’s just in the last defend their position before the full Chair would let me know when 13 min- three weeks. If George Bush gets four Senate, afraid of the accountability utes have expired, I would appreciate more years, senior citizens will fare that a Senate vote gives the American it. even worse. people. The real safety issue for George First, I want to join with others in The basic problem with George Bush Bush is the safety of the profits of the expressing a welcome for the com- on Medicare is that he puts the inter- big drug companies, not the safety of ments of Prime Minister Allawi which ests of drug companies and HMOs first American patients. we just heard in the House Chamber in and the needs of senior citizens last. According to another revelation in the joint meeting. His challenge in The Medicare bill forces 15 million sen- the very last paragraph of last Sun- governing and stabilizing Iraq is enor- ior citizens to pay more for their pre- day’s Washington Post article, of all mous. I believe that challenge has been scription drugs than they do today. It the money that the Bush Medicare made far more difficult by the con- causes 3 million retirees to lose their drug bill lavishes on HMOs, only about tinuing mistakes and persistent mis- good retirement coverage. It forces 6 5 percent goes for increased benefits to calculations of the Bush administra- million of the poorest of the poor—the patients. The rest goes for HMO profits tion. Our policies are failing. We need elderly and disabled under Medicaid— and excess costs. to correct our course in order to stay to pay more out of pocket for their pre- This Administration has been tout- the course, guarantee success, and scription drugs. It requires 6 million ing all the wonderful extra benefits for bring our troops home with dignity and senior citizens to pay more in pre- senior citizens who give up their reg- honor. miums than they will get back in bene- ular Medicare and join a Medicare f fits. Its high deductibles, high pre- HMO. That’s no justification for the miums and huge coverage gaps leave $1,000 in overpayments that the Medi- HEALTH CARE large nu