Wendell Ford

Mr. FORD

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD. The majority leader has always been generous with that portion of it. I apologize for bringing it up.

Mr. FORD. We want to be sure. So that is part of the UC agreement.

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. FORD. Mr. President, will the distinguished majority leader consider the 2 minutes equally divided for debate just prior to the vote?

Mr. FORD. Reserving the right to object, Mr. President, I wonder if the leader has the language of the modification on testing? If not, I would be constrained to object unless he could modify his agreement with respect to the modification.

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD. Mr. President, I have no objection under those circumstances.

Mr. FORD

Mr. FORD. I announce that the Senator from Hawaii [Mr. Akaka] and the Senator from New Mexico [Mr. Bingaman] are necessarily absent. I further announce that, if present and voting, the Senator from Hawaii [Mr. Akaka] would vote ``yea.''

Mr. FORD. Mr. President, we are hearing now States rights, and I have tried to be on that side for some 23 years now. But the attorneys general are here asking us to approve their pact, to pass a Federal law and to have so-called protocols or side agreements that we would wind into the package. So it appears to me that it is no longer a States rights agreement. In Minnesota it may be somewhat different. But now they have come to the Congress and said here is our deal; you approve it and don't ask any questions. Well, back home we call that a mailbox job. You get a job and go out to the mailbox the first of each month and get your check. Am I correct it has reached a higher level than it would be under normal circumstances since we are asked to make the judgment? We are attempting to make the judgment now, and in making that judgment we say we are trampling on States rights. You can't have it both ways. Am I correct?

Mr. FORD. Mr. President, will the Senator yield for a question?

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD. Mr. President, will the Senator yield for one additional question?

Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman] is necessarily absent.

Mr. FORD

Mr. FORD. I thank the Senator. I hope you understand what I am trying to do. It is a huge, a humongous piece of legislation. The $368 billion is just the beginning. It is now, in my judgment, at about $525 to $530 billion. And we have not talked about the private litigants' attorney's fees, which are an add-on. You are not bothering that. I think it might be well, Mr. President, if I submit these figures, have them on a per year basis and with some question marks. There are other add-ons that will be question marks. And the attorney's fees are question marks. I think I will just put this in for a matter of the Record just so everybody will understand. Mr. President, I ask unanimous consent that this be printed in the Record.

Mr. FORD. So private litigants, their attorneys are yet to be compensated. So you add those on to the $435 billion. Now, if you are talking about $10 to $14 billion in the other place, I wonder if we could just add a low figure $10 billion, so we are now getting to around $495 billion, almost $500 billion. So I want to be sure that we all are on the same wavelength. Then we are talking about the new taxes. That is another $50 billion. That is another $50 billion. That is just over a few years. That is not over the term of the contract. So you add that on and you are at about $530 billion. So if there is a possible doubling of lookback penalties, we are talking about another $42 billion. So I want to be sure everybody understands that $368.5 billion is just within a range for the States for those Medicaid payments. The Federal Government will get about 60 percent; States will get about 40 percent. There are a lot of things here I thought we ought to be sure about. The Senator's amendment, I wanted to be sure that it was in the $368 billion, and not in addition to.

Mr. FORD. I think we are all going to have to work at this pretty hard.

Mr. FORD. Mr. President, I have an amendment in the second degree, and I would be willing to take 10 minutes.

Mr. FORD. Inside there?

Mr. FORD. I suggest the absence of a quorum.

Mr. FORD. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FORD. Yes.

Mr. FORD

Mr. FORD. I announce that the Senator from Vermont [Mr. Leahy] is absent on official business.