[Congressional Record Volume 150, Number 65 (Tuesday, May 11, 2004)]
[Senate]
[Page S5223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       MEDICAL RESIDENCY PROGRAM

  Mr. BINGAMAN. Mr. President, I once again raise my concerns with 
Section 207 of the Pension Funding Equity Act that passed the Senate on 
April 8 and was signed into law on April 10. This provision grants a 
retroactive antitrust exemption to the graduate medical education 
residency matching program, a subject that is entirely unrelated to the 
pension bill and never received a full consideration by the normal 
processes of this body.
  My concerns about that provision are simple. First, I do not think 
that exemptions from this nation's antitrust laws should be lightly 
given. Second, I think the process by which this exemption was given--
without any opportunity for hearing before the appropriate committees 
or full and real consideration by this body--was improper. Finally, I 
am concerned about the correct interpretation of the language as to the 
scope of the immunity.
  As I stated in the floor debate on the pension bill, I believe that 
the language of subsection 207(b)(3) makes clear that the exemption 
from the antitrust laws granted by this legislation is limited; and 
that if there is a claim of price-fixing--which is prohibited by 
section one of the Sherman Act--then the provisions of subsection 
207(b)(2) do not apply.
  Even though my right to file an amendment was reserved on this bill, 
I have now lost that right as my amendment is no longer in order now 
that cloture has been invoked. Having lost this right, I will seek a 
future opportunity to raise this issue before this body.

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