[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7443-S7445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 2576. A bill to establish an expedited procedure for congressional 
consideration of health care reform legislation; to the Committee on 
Rules and Administration.
  Mr. FEINGOLD. Mr. President, today I introduce the Health Care Reform 
Expedited Procedures Act of 2004, legislation that requires Congress to 
act on what may be the most pressing domestic policy issue of our time, 
namely health care reform.
  I travel to each of Wisconsin's 72 counties every year to hold town 
hall meetings. Year after year, the number one issue raised at these 
Listening Sessions is the same--health care. The failure of our health 
care system brings people to these meetings in droves. The frustration 
I hear, the anger and the desperation, have convinced me that we must 
change the system.
  So many people now come to tell me that they used to think government 
involvement was a terrible idea, but not anymore. Now they tell me that 
their businesses are being destroyed by health care costs, and they 
want the government to step in. These costs are crippling our economy 
just as the Nation is struggling to rebound from the loss of millions 
of manufacturing jobs.
  Our health care system has failed to keep costs in check. Costs are 
skyrocketing, and there is simply no way we can expect businesses to 
keep up. So in all too many cases, employers are left to offer sub-par 
benefits, or to wonder whether they can offer any benefits at all. 
Employers cannot be the sole provider of health care when these costs 
are rising faster than inflation.
  One option that could help employers, especially small businesses, 
reduce their health care costs is to have them form health care 
cooperatives, where employers lower costs by purchasing care as a 
group. I have introduced a bill in the Senate to make it easier for 
business to create these cooperatives.
  But this legislation certainly isn't the magic bullet that can 
address the whole problem. We need to come up with more comprehensive 
ways to address rising costs. In most cases, costs are still passed on 
to employees, who then face enormous premiums that demand more and more 
of their monthly income. People tell me that they don't understand how 
anyone can afford these astronomical premiums, and what can you say to 
that?
  We can say that it's time to move toward universal coverage. I 
believe we can find a way to make universal coverage work in this 
country. Universal coverage doesn't mean that we have to copy a system 
already in place in another country. We can harness our Nation's 
creativity and entrepreneurial

[[Page S7444]]

spirit to design a system that is uniquely American. Universal coverage 
doesn't have to be defined by what's been attempted in the past. What 
universal coverage does mean is ending a system where nearly 44 million 
Americans are uninsured, and where those who are insured are struggling 
to pay their premiums, struggling to pay for prescription drugs, and 
struggling to find long term care.
  We can't tolerate a system that strands so many Americans without the 
coverage they need. This system costs us dearly: Even though almost 44 
million Americans are uninsured, the United States devotes more of its 
economy to health care than other industrial countries.
  Leaving this many Americans uninsured affects all of us. Those who 
are insured pay more because the uninsured can't afford to pay their 
bills. And those bills are exceptionally high, because the uninsured 
wait so long to see a doctor. The uninsured often live sicker, and die 
earlier, than other Americans, so they also need a disproportionate 
amount of acute care.
  In 2001 alone, health care providers provided $35 billion worth of 
uncompensated care. While providers absorb some of those costs, 
inevitably some of the burden is shifted to other patients. And of 
course the process of cost-shifting itself generates additional costs.
  We are all paying the price for our broken health care system, and it 
is time to bring about change.
  Over the years I have heard many different proposals for how we 
should change the health care system in this country. Some propose 
using tax incentives as a way to expand access to health care. Others 
think the best approach is to expand public programs. Some feel a 
national single payer health care system is the only way to go.
  I don't think we can ignore any of these proposals. We need to 
consider all of these as we address our broken health care system.
  As a former State legislator, I come to this debate knowing that 
States are coming up with some very innovative solutions to the health 
care problem. So in addition to the approaches already mentioned, I 
think we really need to look at what our States are doing, and add to 
the menu of possibilities an approach under which each State decides 
the best way to cover its residents.
  I favor an American-style health care reform, where we encourage 
creative solutions to the health care problems facing our country, 
without using a one-size-fits-all approach. I believe that States have 
a better idea about what the health care needs of their residents are, 
and that they understand what types of reform will work best for their 
state. So I am in favor of a state-based universal health care system, 
where States, with the Federal Government's help, come up with a plan 
to make sure that all of their residents have health care coverage.

  This approach would achieve universal health care, without the 
Federal Government dictating to all of the states exactly how to do it. 
The federal government would provide states with the financial help, 
technical assistance and oversight necessary to accomplish this goal. 
In return, a State would have to make sure that every resident has 
coverage at least as good as that offered in the Federal Employee 
Health Benefits Program, FEHBP--in other words, at least as good as the 
health insurance members of Congress have.
  States would have the flexibility to expand coverage in phases, and 
would be offered a number of Federal ``tools'' to choose from in order 
to help them achieve universal coverage. States could use any number of 
these tools, or none of them, instead opting for a Federal contribution 
for a state-based ``single-payer'' system. In addition to designing and 
implementing a plan to achieve universal care, states would also be 
required to provide partial funding of these plans. The Federal 
Government would approve each State plan, and would conduct oversight 
of the implementation of these plans.
  Federal tools that States could choose from to help expand health 
coverage could include an enhanced Medicaid and SCHIP federal match for 
expanding coverage to currently uninsured individuals; refundable and 
advanceable tax credits for the purchase of health insurance for 
individuals and/or businesses; the establishment of a community-rated 
health pool, similar to FEHBP, to provide affordable health coverage 
and expanded choices for those who enroll; and assistance with 
catastrophic care costs.
  States could be creative in the state resources they use to expand 
health care coverage. For example, a state could use personal and/or 
employer mandates for coverage, use state tax incentives, create a 
single-payer system or even join with neighboring states to offer a 
regional health care plan.
  The approach I have set forth would guarantee universal health care, 
but still leave room for the flexibility and creativity that I believe 
is necessary to ensure that everyone has access to affordable, quality 
health care.
  As I have noted, there have been a number of interesting proposals to 
move us to universal health care coverage. While I will be advocating 
the state-based approach that I have just outlined, others have 
proposed alternative approaches that certainly merit consideration and 
debate.
  And this brings us to the legislation I am introducing today, 
because, the reason we haven't reformed our health care system isn't 
because of a lack of good ideas. The problem is that Congress and the 
White House refuse to take this issue up. Despite the outcry from 
businesses, from health care providers, and from the millions who are 
uninsured, Washington refuses to address the problem in a comprehensive 
way.
  That is why I am introducing this bill. My legislation will force 
Congress to finally address this issue. It requires the Majority and 
Minority Leaders of the Senate, as well as the Chairs of the Health, 
Education, Labor, and Pensions Committee and the Finance Committee, to 
each introduce a health care reform bill in the first 30 days of the 
next Congress. If a committee chair fails to introduce a bill within 
the first month, then the ranking minority party member of the 
respective committee may introduce a measure that qualifies for the 
expedited treatment outlined in my bill.
  The measures introduced by the Majority Leader and Minority Leader 
will be placed directly on the Senate Calendar. The measures introduced 
by the two committee chairs, or ranking minority members, will be 
referred to their respective committees.
  The committees have 60 calendar days not including recesses of 3 days 
or more to review the legislation. At the end of that time, if either 
committee fails to report a measure, the bills will be placed directly 
on the legislative calendar.
  If the Majority Leader fails to move to one of the bills, any Member 
may move to proceed to any qualifying health care reform measure. The 
motion is not debatable or amendable. If the motion to proceed is 
adopted, the chamber will immediately proceed to the consideration of a 
measure without intervening motion, order, or other business, and the 
measure remains the unfinished business of the Senate until the body 
disposes of the bill.
  Similar procedures are established for House consideration.
  I want to emphasize, my bill does not prejudge what particular health 
care reform measure should be debated. There are many worthy proposals 
that would qualify for consideration, and this bill does not dictate 
which proposal, or combination of proposals, should be considered.
  But what my bill does do is to require Congress to act.
  It has been 10 years since the last serious debate over health care 
reform was killed by special interests and the soft money contributions 
they used to corrupt the legislative process. The legislative landscape 
is now much different. Soft money can no longer be used to set the 
agenda, and businesses and workers are crying out as never before for 
Congress to do something about the country's health care crisis.
  It has been 10 years since we've had any debate on comprehensive 
health care reform. We cannot afford any further delay. I urge my 
colleagues to support the Health Care Reform Expedited Procedures Act 
of 2004.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S7445]]

                                S. 2576

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Health Care Reform Expedited 
     Procedures Act of 2004''.

     SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM 
                   LEGISLATION.

       (a) Introduction.--
       (1) In general.--Not later than 30 calendar-days after the 
     commencement of the first session of a Congress, the chair of 
     the Senate Committee on Health, Education, Labor, and 
     Pensions, the Chair of the Senate Committee on Finance, the 
     Majority Leader of the Senate, and the Minority Leader of the 
     Senate shall each introduce a bill to provide universal 
     health care coverage for the people of the United States.
       (2) Minority party.--These bills may be introduced by 
     request and only 1 qualified bill may be introduced by each 
     individual referred to in paragraph (1) within a Congress. If 
     either committee chair fails to introduce the bill within the 
     30-day period, the ranking minority party member of the 
     respective committee may instead introduce a bill that will 
     qualify for the expedited procedure provided in this section.
       (3) Qualified bill.--
       (A) In general.--In order to qualify as a qualified bill--
       (i) the title of the bill shall be ``To reform the system 
     of the United States and to provide insurance coverage for 
     all Americans.''; and
       (ii) the bill shall reach the goal of providing health care 
     coverage to 95 percent of Americans within 10 years.
       (B) Determination.--Whether or not a bill meets the 
     criteria in subparagraph (A) shall be determined by the Chair 
     of the Senate Budget Committee, relying on estimates of the 
     Congressional Budget Office, subject to the final approval of 
     the Senate.
       (b) Referral.--
       (1) Committee bills.--Upon introduction, the bill authored 
     by the Chair of the Senate Committee on Finance shall be 
     referred to that Committee and the bill introduced by the 
     Chair of the Senate Committee on Health, Education, Labor, 
     and Pensions shall be referred to that committee. If either 
     committee has not reported the bill referred to it (or 
     another qualified bill) by the end of a 60 calendar-day 
     period beginning on the date of referral, the committee is, 
     as of that date, automatically discharged from further 
     consideration of the bill, and the bill is placed directly on 
     the chamber's legislative calendar. In calculating the 60-day 
     period, adjournments for more than 3 days are not counted.
       (2) Leader bills.--The bills introduced by the Senate 
     Majority Leader and the Senate Minority Leader shall, on 
     introduction, be placed directly on the Senate Calendar of 
     Business.
       (c) Motion To Proceed.--
       (1) In general.--On or after the third day following the 
     committee report or discharge or upon a bill being placed on 
     the calendar under subsection (b)(2), it shall be in order 
     for any Member, after consultation with the Majority Leader, 
     to move to proceed to the consideration of any qualified 
     bill. Notice shall first be given before proceeding. This 
     motion to proceed to the consideration of a bill can be 
     offered by a Member only on the day after the calendar day on 
     which the Member announces his or her intention to offer it.
       (2) Consideration.--The motion to proceed to a given 
     qualified bill can be made even if a motion to the same 
     effect has previously been rejected. No more than 3 such 
     motions may be made, however, in any 1 congressional session.
       (3) Privileged and nondebatable.--The motion to proceed is 
     privileged, and all points of order against the motion to 
     proceed to consideration and its consideration are waived. 
     The motion is not debatable, is not amendable, and is not 
     subject to a motion to postpone.
       (4) No other business or reconsideration.--The motion is 
     not subject to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion to proceed is agreed to or disagreed to is not in 
     order.
       (d) Consideration of Qualified Bill.--
       (1) In general.--If the motion to proceed is adopted, the 
     chamber shall immediately proceed to the consideration of a 
     qualified bill without intervening motion, order, or other 
     business, and the bill remains the unfinished business of the 
     Senate until disposed of. A motion to limit debate is in 
     order and is not debatable.
       (2) Only business.--The qualified bill is not subject to a 
     motion to postpone or a motion to proceed to the 
     consideration of other business before the bill is disposed 
     of.
       (3) Relevant amendments.--Only relevant amendments may be 
     offered to the bill.

     SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM 
                   LEGISLATION.

       (a) Introduction.--
       (1) In general.--Not later than 30 calendar days after the 
     commencement of the first session of a Congress, the chair of 
     the House Committee on Energy and Commerce, the chair of the 
     House Committee on Ways and Means, the Majority Leader of the 
     House, and the Minority Leader of the House shall each 
     introduce a bill to provide universal health care coverage 
     for the people of the United States.
       (2) Minority party.--These bills may be introduced by 
     request and only 1 qualified bill may be introduced by each 
     individual referred to in paragraph (1) within a Congress. If 
     either committee chair fails to introduce the bill within the 
     30-day period, the ranking minority party member of the 
     respective committee may, within the following 30 days, 
     instead introduce a bill that will qualify for the expedited 
     procedure provided in this section.
       (3) Qualified bill.--
       (A) In general.--To qualify for the expedited procedure 
     under this section as a qualified bill, the bill shall reach 
     the goal of providing healthcare coverage to 95 percent of 
     Americans within 10 years.
       (B) Determination.--Whether or not a bill meets the 
     criteria in subparagraph (A) shall be determined by the 
     Speaker's ruling on a point of order based on a Congressional 
     Budget Office estimate of the bill.
       (b) Referral.--
       (1) Committee bills.--Upon introduction, the bill authored 
     by the Chair of the House Committee on Energy and Commerce 
     will be referred to that committee and the bill introduced by 
     the Chair of the House Committee on Ways and Means shall be 
     referred to that committee. If either committee has not 
     reported the bill referred to it (or another qualified bill) 
     by the end of 60 days of consideration beginning on the date 
     of referral, the committee shall be automatically discharged 
     from further consideration of the bill, and the bill shall be 
     placed directly on the Calendar of the Whole House on the 
     State of the Union. In calculating the 60-day period, 
     adjournments for more than 3 days are not counted.
       (2) Leader bills.--The bills introduced by the House 
     Majority Leader and House Minority Leader will, on 
     introduction, be placed directly on the Calendar of the Whole 
     House on the State of the Union.
       (c) Motion To Proceed.--
       (1) In general.--On or after the third day following the 
     committee report or discharge or upon a bill being placed on 
     the calendar under subsection (b)(2), it shall be in order 
     for any Member, after consultation with the Majority Leader, 
     to move to proceed to the consideration of any qualified 
     bill. Notice must first be given before proceeding. This 
     motion to proceed to the consideration of a bill can be 
     offered by a Member only on the day after the calendar day on 
     which the Member announces his or her intention to offer it.
       (2) Consideration.--The motion to proceed to a given 
     qualified bill can be made even if a motion to the same 
     effect has previously been rejected. No more than 3 such 
     motions may be made, however, in any 1 congressional session.
       (3) Privileged and nondebatable.--The motion to proceed is 
     privileged, and all points of order against the motion to 
     proceed to consideration and its consideration are waived. 
     The motion is not debatable, is not amendable, and is not 
     subject to a motion to postpone.
       (4) No other business or reconsideration.--The motion is 
     not subject to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion to proceed is agreed to or disagreed to is not in 
     order.
       (d) Consideration of a Qualified Bill.--
       (1) In general.--If the motion to proceed is adopted, the 
     chamber will immediately proceed to the consideration of a 
     qualified bill without intervening motion, order, or other 
     business, and the bill remains the unfinished business of the 
     House until disposed of.
       (2) Committee of the whole.--The bill will be considered in 
     the Committee of the Whole under the 5-minute rule, and the 
     bill shall be considered as read and open for amendment at 
     any time.
       (3) Limit debate.--A motion to further limit debate is in 
     order and is not debatable.
       (4) Relevant amendments.--Only relevant amendments may be 
     offered to the bill.
                                 ______