[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Page 3386]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3031. Mr. ROCKEFELLER (for himself, Mr. Durbin, Mr. Bayh, Mr. 
Kennedy, Mrs. Clinton, Mr. Harkin, Mrs. Lincoln, Ms. Mikulski, Mr. 
Corzine, Mr. Schumer, Mrs. Carnahan, Mr. Torricelli, Mrs. Feinstein, 
Mrs. Murray, Mr. Jeffords, Mr. Leahy, Mr. Daschle, Mr. Kerry, Mr. 
Wellstone, and Ms. Cantwell) submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                       DIVISION __--MISCELLANEOUS

     SEC. __01. TEMPORARY INCREASE OF MEDICAID FMAP.

       (a) Permitting Maintenance of Fiscal Year 2001 FMAP for 
     Last 3 Calendar Quarters of Fiscal Year 2002.--
     Notwithstanding any other provision of law, but subject to 
     subsection (g), if the FMAP determined without regard to this 
     section for a State for fiscal year 2002 is less than the 
     FMAP as so determined for fiscal year 2001, the FMAP for the 
     State for fiscal year 2001 shall be substituted for the 
     State's FMAP for the second, third, and fourth calendar 
     quarters of fiscal year 2002, before the application of this 
     section.
       (b) Permitting Maintenance of Fiscal Year 2002 FMAP for 
     Fiscal Year 2003.--Notwithstanding any other provision of 
     law, but subject to subsection (g), if the FMAP determined 
     without regard to this section for a State for fiscal year 
     2003 is less than the FMAP as so determined for fiscal year 
     2002, the FMAP for the State for fiscal year 2002 shall be 
     substituted for the State's FMAP for each calendar quarter of 
     fiscal year 2003, before the application of this section.
       (c) Permitting Maintenance of Fiscal Year 2003 FMAP for 
     Fiscal Year 2004.--Notwithstanding any other provision of 
     law, but subject to subsection (g), if the FMAP determined 
     without regard to this section for a State for fiscal year 
     2004 is less than the FMAP as so determined for fiscal year 
     2003, the FMAP for the State for fiscal year 2003 shall be 
     substituted for the State's FMAP for each calendar quarter of 
     fiscal year 2004, before the application of this section.
       (d) General 1.50 Percentage Points Increase Through Fiscal 
     Year 2004.--Notwithstanding any other provision of law, but 
     subject to subsections (g) and (h), for each State for the 
     second, third, and fourth calendar quarters of fiscal year 
     2002 and each calendar quarter of fiscal years 2003 and 2004, 
     the FMAP (taking into account the application of subsections 
     (a), (b), and (c)) shall be increased by 1.50 percentage 
     points.
       (e) Further Increase for States With High Unemployment 
     Rates Through Fiscal Year 2004.--
       (1) In general.--Notwithstanding any other provision of 
     law, but subject to subsections (g) and (h), the FMAP for a 
     high unemployment State for the second, third, and fourth 
     calendar quarters of fiscal year 2002, or any calendar 
     quarter of fiscal year 2003 or 2004, (and any subsequent such 
     calendar quarters after the first such calendar quarter for 
     which the State is a high unemployment State regardless of 
     whether the State continues to be a high unemployment State 
     for the subsequent such calendar quarters) shall be increased 
     (after the application of subsections (a), (b), (c), and (d)) 
     by 1.50 percentage points.
       (2) High unemployment state.--
       (A) In general.--For purposes of this subsection, a State 
     is a high unemployment State for a calendar quarter if, for 
     any 3 consecutive months beginning on or after June 2001 and 
     ending with the second month before the beginning of the 
     calendar quarter, the State has an average seasonally 
     adjusted unemployment rate that exceeds the average weighted 
     unemployment rate during such period. Such unemployment rates 
     for such months shall be determined based on publications of 
     the Bureau of Labor Statistics of the Department of Labor.
       (B) Average weighted unemployment rate defined.--For 
     purposes of subparagraph (A), the ``average weighted 
     unemployment rate'' for a period is--
       (i) the sum of the seasonally adjusted number of unemployed 
     civilians in each State and the District of Columbia for the 
     period; divided by
       (ii) the sum of the civilian labor force in each State and 
     the District of Columbia for the period.
       (f) Increase in Cap on Medicaid Payments to Territories.--
     Notwithstanding any other provision of law, with respect to 
     the second, third, and fourth calendar quarters of fiscal 
     year 2002, and each calendar quarter of fiscal years 2003 and 
     2004, the amounts otherwise determined for Puerto Rico, the 
     Virgin Islands, Guam, the Northern Mariana Islands, and 
     American Samoa under section 1108 of the Social Security Act 
     (42 U.S.C. 1308) shall each be increased by an amount equal 
     to 6 percentage points of such amounts.
       (g) Scope of Application.--The increases in the FMAP for a 
     State under this section shall apply only for purposes of 
     title XIX of the Social Security Act and shall not apply with 
     respect to--
       (1) disproportionate share hospital payments described in 
     section 1923 of such Act (42 U.S.C. 1396r-4); or
       (2) payments under titles IV and XXI of such Act (42 U.S.C. 
     601 et seq. and 1397aa et seq.).
       (h) State Eligibility.--A State is eligible for an increase 
     in its FMAP under subsection (d) or (e) or an increase in a 
     cap amount under subsection (f) only if the eligibility under 
     its State plan under title XIX of the Social Security Act 
     (including any waiver under such title or under section 1115 
     of such Act (42 U.S.C. 1315)) is no more restrictive than the 
     eligibility under such plan (or waiver) as in effect on 
     October 1, 2001.
       (i) Definitions.--In this section:
       (1) FMAP.--The term ``FMAP'' means the Federal medical 
     assistance percentage, as defined in section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)).
       (2) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
                                  ____

  SA 3032. Mrs. LINCOLN (for herself, Mr. Cochran, Mr. Torricelli, Mr. 
Wellstone, and Mrs. Murray) submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

                       DIVISION __--MISCELLANEOUS

     SEC. __01. DELAY IN MEDICAID UPL CHANGES FOR NON-STATE 
                   GOVERNMENT-OWNED OR OPERATED HOSPITALS.

       (a) Findings.--Congress finds that non-State government-
     owned or operated hospitals--
       (1) provide access to a wide range of needed care not often 
     otherwise available in underserved areas;
       (2) deliver a significant proportion of uncompensated care; 
     and
       (3) are critically dependent on public financing sources, 
     such as the medicaid program.
       (b) Moratorium on UPL Changes.--The Secretary of Health and 
     Human Services may not implement any change in the upper 
     limits on payment under title XIX of the Social Security Act 
     for services of non-State government-owned or operated 
     hospitals published after October 1, 2001, before the later 
     of--
       (1) September 30, 2002; or
       (2) 3 months after the submission to Congress of the plan 
     described in subsection (c).
       (c) Mitigation Plan.--The Secretary of Health and Human 
     Services shall submit to Congress a report that contains a 
     plan for mitigating the loss of funding to non-State 
     government-owned or operated hospitals as a result of any 
     change in the upper limits on payment for such hospitals 
     published after October 1, 2001. Such report shall also 
     include such recommendations for legislative action as the 
     Secretary deems appropriate.

                          ____________________