[Congressional Record Volume 149, Number 95 (Wednesday, June 25, 2003)]
[Daily Digest]
[Pages D730-D734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                           Wednesday, June 25, 2003

[[Page D730]]

                              Daily Digest


HIGHLIGHTS

      House Committee ordered reported the following appropriations for 
      fiscal year 2004: Labor, HHS, Education and Related Agencies; 
      Interior and Related Agencies; and Agriculture, Rural 
      Development, FDA and Related Agencies.
      House Committee ordered reported eight sundry measures.


                                 Senate


Chamber Action
Routine Proceedings, pages S8479-S8604
Measures Introduced: Twelve bills and four resolutions were introduced, 
as follows: S. 1326-1337, and S. Res. 183-186.
  Page S8559
Measures Reported:
  S. 1334, to facilitate check truncation by authorizing substitute 
checks, to foster innovation in the check collection system without 
mandating receipt of checks in electronic form, and to improve the 
overall efficiency of the Nation's payments system. (S. Rept. No. 108-
79)
  S. 498, to authorize the President to posthumously award a gold medal 
on behalf of Congress to Joseph A. De Laine in recognition of his 
contributions to the Nation, with an amendment.
Pages S8558-59
Measures Passed:
  Michael J. Healy Post Office: Senate passed H.R. 825, to redesignate 
the facility of the United States Postal Service located at 7401 West 
100th Place in Bridgeview, Illinois, as the ``Michael J. Healy Post 
Office Building'', clearing the measure for the President.
  Page S8598
  Floyd Spence Post Office: Senate passed H.R. 917, to designate the 
facility of the United States Postal Service located at 1830 South Lake 
Drive in Lexington, South Carolina, as the ``Floyd Spence Post Office 
Building'', clearing the measure for the President.
  Page S8598
  Cesar Chavez Post Office: Senate passed H.R. 925, to redesignate the 
facility of the United States Postal Service located at 1859 South 
Ashland Avenue in Chicago, Illinois, as the ``Cesar Chavez Post 
Office'', clearing the measure for the President.
  Page S8598
  James R. Merry Post Office: Senate passed H.R. 981, to designate the 
facility of the United States Postal Service located at 141 Erie Street 
in Linesville, Pennsylvania, as the ``James R. Merry Post Office'', 
clearing the measure for the President.
  Page S8598
  Delbert L. Latta Post Office: Senate passed
  H.R. 985, to designate the facility of the United States Postal 
Service located at 111 West Washington Street in Bowling Green, Ohio, 
as the ``Delbert L. Latta Post Office Building'', clearing the measure 
for the President.
Page S8598
  Dr. Roswell N. Beck Post Office: Senate passed H.R. 1055, to 
designate the facility of the United States Postal Service located at 
1901 West Evans Street in Florence, South Carolina, as the ``Dr. 
Roswell N. Beck Post Office Building'', clearing the measure for the 
President.
  Page S8598
  Norman D. Shumway Post Office: Senate passed H.R. 1368, To designate 
the facility of the United States Postal Service located at 7554 
Pacific Avenue in Stockton, California, as the ``Norman D. Shumway Post 
Office Building'', clearing the measure for the President.
  Page S8598
  General Charles Gabriel Post Office: Senate passed H.R. 1465, to 
designate the facility of the United States Postal Service located at 
4832 East Highway 27 in Iron Station, North Carolina, as the ``General 
Charles Gabriel Post Office'', clearing the measure for the President. 
                                                         Pages S8598-99
  Timothy Michael Gaffney Post Office: Senate passed H.R. 1596, to 
designate the facility of the

[[Page D731]]

United States Postal Service located at 2318 Woodson Road in St. Louis, 
Missouri, as the ``Timothy Michael Gaffney Post Office Building'', 
clearing the measure for the President.
  Page S8599
  Admiral Donald Davis Post Office: Senate passed H.R. 1609, to 
redesignate the facility of the United States Postal Service located at 
201 West Boston Street in Brookfield, Missouri, as the ``Admiral Donald 
Davis Post Office Building'', clearing the measure for the President. 
                                                             Page S8599
  Dr. Caesar A.W. Clark, Sr. Post Office: Senate passed H.R. 1740, to 
designate the facility of the United States Postal Service located at 
1502 East Kiest Boulevard in Dallas, Texas, as the ``Dr. Caesar A.W. 
Clark, Sr. Post Office Building'', clearing the measure for the 
President.
  Page S8599
  Patsy Takemoto Mink Post Office: Senate passed H.R. 2030, to 
designate the facility of the United States Postal Service located at 
120 Baldwin Avenue in Paia, Maui, Hawaii, as the ``Patsy Takemoto Mink 
Post Office Building'', clearing the measure for the President. 
                                                             Page S8599
  Ronald Reagan Post Office: Senate passed S. 867, to designate the 
facility of the United States Postal Service located at 710 Wick Lane 
in Billings, Montana, as the ``Ronald Reagan Post Office Building''. 
                                                             Page S8598
  Walt Disney Post Office: Senate passed S. 1207, to redesignate the 
facility of the United States Postal Service located at 120 East 
Ritchie Avenue in Marceline, Missouri, as the ``Walt Disney Post Office 
Building''.
  Page S8598
  National Internet Safety Month: Senate agreed to S. Res. 185, 
expressing the sense of the Senate with respect to raising awareness 
and encouraging education about safety on the Internet and supporting 
the goals and ideals of National Internet Safety Month. 
                                                      Pages S8599-S8600
  Environmental Policy and Conflict Resolution Advancement Act: Senate 
passed S. 163, to reauthorize the United States Institute for 
Environmental Conflict Resolution.
  Page S8600
  Joseph A. De Laine Posthumous Gold Medal Award Act: Senate passed S. 
498, to authorize the President to posthumously award a gold medal on 
behalf of Congress to Joseph A. De Laine in recognition of his 
contributions to the Nation, after agreeing to the committee amendment.
                                                             Page S8600
Prescription Drug and Medicare Improvement Act: Senate continued 
consideration of S. 1, to amend title XVIII of the Social Security Act 
to make improvements in the Medicare program, to provide prescription 
drug coverage under the Medicare program, taking action on the 
following amendments proposed thereto:
  Pages S8479-S8546
Adopted:
  By 94 yeas to 1 nay (Vote No. 242), Snowe/Bingaman Amendment No. 972, 
to provide reimbursement for Federally qualified health centers 
participating in Medicare managed care.
Pages S8481-83, S8485
  Grassley (for Wyden) Amendment No. 941, to provide for a study by 
MedPAC on Medicare payments and efficiencies in the health care system.
                                                             Page S8538
  Baucus (for Harkin) Modified Amendment No. 967, to provide improved 
payment for certain mammography services.
Page S8538
  Grassley (for Murray) Amendment No. 961, to fund the blended 
capitation rate for purposes of determining benchmarks under the 
MedicareAdvantage program.
Page S8538
  Grassley Amendment No. 974, to enhance competition for prescription 
drugs by increasing the ability of the Department of Justice and 
Federal Trade Commission to enforce existing antitrust laws regarding 
brand name drugs and generic drugs.
Page S8538
  Grassley (for Specter) Amendment No. 983, to provide Medicare 
beneficiaries with information on advance directives.
Page S8538
  Sununu Amendment No. 1010, to improve outpatient vision services 
under part B of the Medicare program.
Page S8538
Rejected:
  By 26 yeas to 69 nays (Vote No. 243), Baucus (for Edwards) Further 
Modified Amendment No. 985, to strengthen protections for consumers 
against misleading direct-to-consumer drug advertising. 
                                                         Pages S8483-86
  By 39 yeas to 56 nays (Vote No. 244), Graham (FL) Amendment No. 956, 
to provide that an eligible beneficiary is not responsible for paying 
the applicable percent of the monthly national average premium while 
the beneficiary is in the coverage gap and to sunset the bill. 
                                                             Page S8486
  By 39 yeas to 56 nays (Vote No. 245), Durbin Amendment No. 994, to 
deliver a meaningful benefit and lower prescription drug prices. 
                                               Pages S8516-21, S8523-29
  By 43 yeas to 52 nays (Vote No. 246), Clinton Amendment No. 1000, to 
study the comparative effectiveness and safety of important Medicare 
covered drugs to ensure that consumers can make meaningful comparisons 
about the quality and efficacy.
Pages S8529-30

[[Page D732]]

Withdrawn:
  Reid (for Boxer) Amendment No. 1062 (to Amendment No. 974) to 
eliminate the coverage gap for individuals with cancer. 
                                                         Pages S8496-98
  Schumer Amendment No. 1040, to provide for equitable reimbursement 
rates in 2004 and 2005 for Medicare+Choice organizations making the 
transition to MedicareAdvantage organizations. 
                                               Pages S8500-02, S8506-12
  Baucus (for Stabenow) Amendment No. 992, to clarify that the Medicaid 
statute does not prohibit a State from entering into drug rebate 
agreements in order to make outpatient prescription drugs accessible 
and affordable for residents of the State who are not otherwise 
eligible for medical assistance under the Medicaid program. 
                                                             Page S8538
Pending:
  Kerry Amendment No. 958, to increase the availability of discounted 
prescription drugs.
Page S8479
  Lincoln Modified Amendment No. 934, to ensure coverage for syringes 
for the administration of insulin, and necessary medical supplies 
associated with the administration of insulin.
Page S8479
  Lincoln Amendment No. 935, to clarify the intent of Congress 
regarding an exception to the initial residency period for geriatric 
residency or fellowship programs.
Page S8479
  Lincoln Amendment No. 959, to establish a demonstration project for 
direct access to physical therapy services under the Medicare program. 
                                                             Page S8479
  Baucus (for Jeffords) Amendment No. 964, to include coverage for 
tobacco cessation products.
Page S8479
  Baucus (for Jeffords) Amendment No. 965, to establish a Council for 
Technology and Innovation.
Page S8479
  Nelson (FL) Amendment No. 938, to provide for a study and report on 
the propagation of concierge care.
Page S8479
  Nelson (FL) Amendment No. 936, to provide for an extension of the 
demonstration for ESRD managed care.
Page S8479
  Baucus (for Harkin) Amendment No. 968, to restore reimbursement for 
total body orthotic management for nonambulatory, severely disabled 
nursing home residents.
Page S8479
  Baucus (for Cantwell) Amendment No. 942, to prohibit an eligible 
entity offering a Medicare Prescription Drug plan, a MedicareAdvantage 
Organization offering a MedicareAdvantage plan, and other health plans 
from contracting with a pharmacy benefit manager (PBM) unless the PBM 
satisfies certain requirements.
Page S8479
  Rockefeller Amendment No. 975, to make all Medicare beneficiaries 
eligible for Medicare prescription drug coverage.
Page S8480
  Akaka Amendment No. 980, to expand assistance with coverage for legal 
immigrants under the Medicaid program and SCHIP to include citizens of 
the Freely Associated States.
Page S8480
  Akaka Amendment No. 979, to ensure that current prescription drug 
benefits to Medicare-eligible enrollees in the Federal Employees Health 
Benefits Program will not be diminished.
Page S8480
  Bingaman Amendment No. 973, to amend title XVIII of the Social 
Security Act to provide for the authorization of reimbursement for all 
Medicare part B services furnished by certain Indian hospitals and 
clinics.
Page S8480
  Baucus (for Lautenberg) Amendment No. 986, to make prescription drug 
coverage available beginning on July 1, 2004.
Page S8480
  Murray Amendment No. 990, to make improvements in the 
MedicareAdvantage benchmark determinations.
Page S8480
  Harkin Modified Amendment No. 991, to establish a demonstration 
project under the Medicaid program to encourage the provision of 
community-based services to individuals with disabilities. 
                                                  Pages S8480, S8534-37
  Dayton Amendment No. 960, to require a streamlining of the Medicare 
regulations.
Page S8480
  Dayton Amendment No. 977, to require that benefits be made available 
under part D on January 1, 2004.
Page S8480
  Baucus (for Dorgan) Amendment No. 993, to amend title XVIII of the 
Social Security Act to provide for coverage of cardiovascular screening 
tests under the Medicare program.
Page S8480
  Smith/Bingaman Amendment No. 962, to provide reimbursement for 
Federally qualified health centers participating in Medicare managed 
care.
Page S8480
  Hutchison Amendment No. 1004, to amend title XVIII of the Social 
Security Act to freeze the indirect medical education adjustment 
percentage under the Medicare program at 6.5 percent.
Page S8480
  Sessions Amendment No. 1011, to express the sense of the Senate that 
the Committee on Finance should hold hearings regarding permitting 
States to provide health benefits to legal immigrants under Medicaid 
and SCHIP as part of the reauthorization of the temporary assistance 
for needy families program.
Page S8480
  Conrad Amendment No. 1019, to provide for coverage of self-injected 
biologicals under part B of the Medicare program until Medicare 
Prescription Drug plans are available.
Page S8480
  Conrad Amendment No. 1020, to permanently and fully equalize the 
standardized payment rate beginning in fiscal year 2004.
Page S8480
  Conrad Amendment No. 1021, to address Medicare payment inequities. 
                                                             Page S8480

[[Page D733]]


  Clinton Amendment No. 999, to provide for the development of quality 
indicators for the priority areas of the Institute of Medicine, for the 
standardization of quality indicators for Federal agencies, and for the 
establishment of a demonstration program for the reporting of health 
care quality data at the community level.
                                                             Page S8480
  Clinton Amendment No. 953, to provide training to long-term care 
ombudsman.
                                                             Page S8480
  Clinton Amendment No. 954, to require the Secretary of Health and 
Human Services to develop literacy standards for informational 
materials, particularly drug information.
                                                             Page S8480
  Reid (for Boxer) Amendment No. 1036, to eliminate the coverage gap 
for individuals with cancer.
                                                             Page S8480
  Reid (for Corzine) Amendment No. 1037, to permit Medicare 
beneficiaries to use Federally qualified health centers to fill their 
prescriptions.
                                                             Page S8480
  Reid (for Jeffords) Amendment No. 1038, to improve the critical 
access hospital program.
                                                             Page S8480
  Reid (for Inouye) Amendment No. 1039, to amend title XIX of the 
Social Security Act to provide 100 percent reimbursement for medical 
assistance provided to a Native Hawaiian through a Federally-qualified 
health center or a Native Hawaiian health care system.
                                                             Page S8480
  Thomas/Lincoln Amendment No. 988, to provide for the coverage of 
marriage and family therapist services and mental health counselor 
services under part B of the Medicare program.
                                                         Pages S8480-81
  Edwards/Harkin Amendment No. 1052, to strengthen protections for 
consumers against misleading direct-to-consumer drug advertising. 
                                                             Page S8487
  Enzi/Lincoln Amendment No. 1051, to ensure convenient access to 
pharmacies and prohibit the tying of contracts.
                                                         Pages S8487-89
  Enzi Amendment No. 1030, to encourage the availability of 
MedicareAdvantage benefits in medically underserved areas. 
                                                         Pages S8489-93
  Hagel/Ensign Amendment No. 1012, to provide Medicare beneficiaries 
with an additional choice of Medicare Prescription Drug plans under 
part D that consists of a drug discount card and protection against 
high out-of-pocket drug costs.
                                                         Pages S8493-95
  Hagel Amendment No. 1026, to provide Medicare beneficiaries with a 
discount card that ensures access to privately-negotiated discounts on 
drugs and protection against high out-of-pocket drug costs. 
                                                             Page S8493
  Baucus (for Feinstein) Amendment No. 1060, to provide for an income-
related increase in the part B premium for individuals with income in 
excess of $75,000 and married couples with income in excess of 
$150,000.
                                                             Page S8495
  Baucus (for Akaka) Amendment No. 1061, to provide for treatment of 
Hawaii as a low-DSH State for purposes of determining a Medicaid DSH 
allotment for the State for fiscal years 2004 and 2005. 
                                                         Pages S8495-96
  Bingaman/Domenici Amendment No. 1065, to update, beginning in 2009, 
the asset or resource test used for purposes of determining the 
eligibility of low-income beneficiaries for premium and cost-sharing 
subsidies.
                                                             Page S8502
  Bingaman Amendment No. 1066, to permit the establishment of 2 new 
Medigap plans for Medicare beneficiaries enrolled for prescription drug 
coverage under part D.
                                                         Pages S8502-06
  Graham (SC) Modified Amendment No. 948, to provide for the 
establishment of a National Bipartisan Commission on Medicare Reform. 
                                                         Pages S8512-15
  Stabenow/Levin Amendment No. 1075, to permanently extend a moratorium 
on the treatment of a certain facility as an institution for mental 
diseases.
                                                         Pages S8515-16
  Stabenow/Levin Amendment No. 1076, to provide for the treatment of 
payments to certain comprehensive cancer centers.
                                                             Page S8516
  Stabenow/Levin Amendment No. 1077, to provide for the redistribution 
of unused resident positions.
                                                             Page S8516
  Ensign/Lincoln Amendment No. 1024, to amend title XVIII of the Social 
Security Act to repeal the Medicare outpatient rehabilitation therapy 
caps.
                                                         Pages S8521-22
  Smith/Feingold Amendment No. 1073, to allow the Secretary to include 
in the definition of `specialized Medicare+Choice plans for special 
needs beneficiaries' plans that disproportionately serve such special 
needs beneficiaries or frail, elderly Medicare beneficiaries. 
                                                         Pages S8522-23
  Grassley (for Craig) Amendment No. 1087, to permit the offering of 
consumer-driven health plans under MedicareAdvantage.
                                                         Pages S8537-38
  Baucus (for Mikulski) Amendment No. 1088, to provide equitable 
treatment for children's hospitals.
                                                             Page S8539
  Baucus (for Milulski) Amendment No. 1089, to provide equitable 
treatment for certain children's hospitals.
                                                             Page S8539
  Baucus (for Mikulski) Amendment No. 1090, to permit direct payment 
under the Medicare program for clinical social worker services provided 
to residents of skilled nursing facilities.
                                                             Page S8539
  Baucus (for Mikulski) Amendment No. 1091, to extend certain municipal 
health service demonstration projects.
                                                             Page S8539

[[Page D734]]


  Grassley/Baucus Amendment No. 1092, to evaluate alternative payment 
and delivery systems.
                                                         Pages S8539-42
  Kyl Amendment No. 1093 (to Amendment No. 1092), in the nature of a 
substitute.
                                                         Pages S8542-46
  A unanimous-consent agreement was reached providing that at 9:15 
a.m., on Thursday, June 26, 2003, Senate proceed to vote on or in 
relation to Harkin Amendment No. 991 (listed above), to be followed by 
a vote on or in relation to Edwards Amendment No. 1052 (listed above); 
and that no second degree amendments be in order to the amendments 
prior to the votes.
                                                             Page S8601
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 9:15 a.m., on Thursday, June 26, 2003. 
                                                             Page S8601
Nominations Received: Senate received the following nominations:
  Rixio Enrique Medina, of Oklahoma, to be a Member of the Chemical 
Safety and Hazard Investigation Board for a term of five years.
  Julie L. Myers, of Kansas, to be an Assistant Secretary of Commerce.
  Jeffrey A. Marcus, of Texas, to be Ambassador to Belgium.
  Deborah Ann Spagnoli, of California, to be a Commissioner of the 
United States Parole Commission for a term of six years.
  1 Air Force nomination in the rank of general.
  1 Navy nomination in the rank of admiral.
  Routine lists in the Foreign Service, Navy.
                                                         Pages S8601-04
Messages From the House:
  Page S8556
Measures Referred:
  Page S8556
Measures Placed on Calendar:
  Page S8556
Measures Held at Desk:
  Page S8556
Executive Communications:
  Pages S8556-58
Executive Reports of Committees:
  Page S8559
Additional Cosponsors:
  Pages S8559-61
Statements on Introduced Bills/Resolutions:
  Pages S8562-77
Additional Statements:
  Pages S8554-56
Amendments Submitted:
  Pages S8577-96
Notices of Hearings/Meetings:
  Page S8596
Authority for Committees to Meet:
  Pages S8596-98
Privilege of the Floor:
  Page S8598
Record Votes: Five record votes were taken today. (Total--246) 
                                        Page S8485, S8486, S8529, S8530
Adjournment: Senate met at 9:30 a.m., and adjourned at 10:50 p.m., 
until 9:15 a.m., on Thursday, June 26, 2003. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S8601.)