[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[Senate]
[Page S4642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             UNANIMOUS CONSENT REQUEST--S. 249 AND S. 1890

  Mr. DASCHLE. Mr. President, now that we do have a Republican 
colleague on the floor, let me propound the following unanimous consent 
request:
  I ask unanimous consent that at 11 o'clock on Tuesday, May 12, 
Senator D'Amato be recognized to offer a bill regarding inpatient 
hospital care for breast cancer, with a time limit of 2 hours for 
debate on the bill, with no amendments or motions in order thereto, 
that when all time is used or yielded back, the Senate proceed to a 
vote on passage of the bill, and immediately upon disposition of the 
D'Amato bill, the Senate proceed to the immediate consideration of the 
Daschle-Kennedy Patients' Bill of Rights bill with a time limit of 2 
hours for debate, with no amendments or motions in order thereto, and 
that when all time is used or yielded back, the Senate proceed to vote 
on passage of the bill, with all time equally divided and controlled in 
the usual form, and that the above occur without intervening action or 
debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. D'AMATO. Mr. President, reserving the right to object. Mr. 
President, let me simply state that tying these two requests together--
and I appreciate the position of the Senate minority leader--is 
unacceptable for the majority. Therefore, I will object.
  We can have some discussion as to the merits of attempting to tie the 
two together. I know the minority leader has been speaking. I might 
even support the Patients' Bill of Rights, but to tie it together in 
this way is unacceptable. So I am forced to object.
  The PRESIDING OFFICER. Objection is heard.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Let me just say I am very disappointed. We are not tying 
them together in any way other than by procedure. We are simply saying, 
let's debate the D'Amato bill for 2 hours, and then let's debate the 
Daschle-Kennedy bill for 2 hours. They both deal with protections for 
patients. They both deal with the need to confront the array of 
problems we are facing in managed care today. So I am very disappointed 
the majority has chosen to take this action, and I hope if we can't do 
it today, perhaps we can do it on the 15th. So let me ask unanimous 
consent that on a date no later than June 15, both bills be considered 
in the order that I have just described.
  The PRESIDING OFFICER. Is there objection?
  Mr. D'AMATO. Mr. President, reserving the right to object, again let 
me say it is one thing to say they are not being tied together, but 
that is exactly what is taking place. Let me take the time to point 
out, if I might, that the legislation that has been crafted with the 
help and consultation of my colleague, Senator Feinstein from 
California, from the beginning is not controversial, absolutely not 
controversial and is necessary. To take a bill that is so 
straightforward and tie it up in procedural knots--and that is what is 
happening here--so that the women of America, because of these 
procedures today, are being denied health care that they need, 
reconstructive surgery, drive-by mastectomies, being put on the streets 
or being told we are not going to pay for more than 24 hours or 48 
hours or whatever the policy limits may be, regardless of the medical 
necessity, we are not going to pay for reconstructive surgery because, 
as one plan said and a doctor told me, ``It doesn't serve a bodily 
function so therefore we don't have to have reconstructive surgery,'' 
is absolutely wrong.
  This is an issue that everyone can support and should support, and we 
should not tie it down with legislation by its very nature that is so 
comprehensive as the Patients' Bill of Rights that takes in a myriad of 
programs and projects, et cetera, many of them that have arguments on 
both sides. To say that we are going to give one 2 hours and the other 
2 hours, which is so complex, is just absolutely using the procedure to 
stifle this straightforward bill which says we will give women the 
right without having to appeal to various boards, et cetera, to 
reconstructive surgery and to know that they are not going to be forced 
to leave a hospital before it is the right time to do so.
  That is what we are talking about here. So we are forced to object. I 
am sorry that the distinguished leader on the other side is using that 
as a cover for precluding--and by the way, we may have some Members on 
the Republican side, I might want to add, who will seek to amend this, 
who are out of line, I believe, and who will hide behind this and do 
not have the courage to come down here and to vote up or down. And I 
would like to see them offer amendments because I have had some 
colleagues--let's be very candid--to say, ``We are going to offer a 
killer amendment.''
  Why? Let me give you the argument on the other side. ``We don't want 
mandates.'' Let me give you another one. One of my distinguished 
colleagues says, ``We shouldn't have legislation by body part.'' Well, 
it is too bad, he is right, that we would have to reach this time and 
this place that it demands that. How much longer should the women of 
America have to wait? How many years, how many months do we really tie 
it up? And let me say this to you: This Senator is going to go forward. 
I know that my colleagues on the Democrat side, and there are many of 
them, feel equally passionate, and we are going to go forward and we 
are going to have a vote on this amendment. It is a straightforward 
piece of legislation.
  I see my colleague, Senator Feinstein, is seeking to speak on this, 
and I am going to----
  Mr. DASCHLE. Mr. President, did the Senator from New York object?
  Mr. D'AMATO. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. D'AMATO. I call for regular order, Mr. President.
  Mr. DASCHLE addressed the Chair.
  Mr. D'AMATO. I now call for regular order with respect to the 
continued time.

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