A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services within the Department of Health and Human Services relating to a cost limit for providers operated by units of government and other provisions under the Medicaid program.

Mr. President, today I rise to introduce the Strategic Deterrent Sustainment Act of 2007, which is cosponsored by Senator Bennett. Currently, our land-based strategic forces are in the process of completing a vital and important modernization program.

However, I am unaware of any Department of Defense plan to maintain our land-based strategic missile industrial base once this modernization is completed in the next 2 to 3 years. Therefore, this legislation would require the Secretary of Defense to prepare a report detailing how our Nation will maintain an industrial base to replace the Minuteman III missile with a follow-on land-based strategic deterrent after 2030. 2030, is of course, the date in which the Minuteman III system is scheduled to be replaced. The Secretary, under this legislation, will also be required to outline how our Nation will maintain, modernize and sustain the Minuteman III intercontinental ballistic missile system until at least 2030.

To put this in context, in 2002, the administration wisely committed the U.S. to a policy of modernizing our land-based intercontinental ballistic missile force. Under this policy, the Peacemaker ICBM has been retired and that system's warheads are being retrofitted and placed into the Minuteman III fleet. In addition to the new warheads, 500 Minuteman III systems are being completely rebuilt and thoroughly modernized.

Unfortunately, after this work is completed, no other work on land- based strategic missile systems is planned. As we all know, building an intercontinental ballistic missile is extremely complex and a great feat of engineering. It requires engineers with years of experience and highly trained and professional manufacturing specialists to successfully and safely build a missile system. Clearly, if there are not any additional systems to build, then these sought after engineers and specialists will merely find employment elsewhere. In addition, if a replacement system will not be built

until 2030, it is very likely that much of our Nation's knowledge on how to design and build a land-based strategic missile system will be lost.

As an example, one can point to the British who recently decided to modernize their nuclear deterrent. Since the British nuclear warhead industrial base all but ceased to exist years ago, that nation will now have to allocate billions of additional pounds to reconstitute their design and production capability.

What would be the cost of our Nation to maintain our land-based strategic missile industrial base? Well I understand, the propulsion portion of the industrial base can be maintained for the relatively modest sum of under $50 million a year. In fact, such a program already exists for our submarine launched ballistic missile systems. Under this industrial base sustainment plan, 12 Trident missiles are manufactured each year.

Should a plan to maintain our land-based strategic missile industrial base closely follow our submarine launched strategic missile industrial plans? Well under this legislation, the Secretary of Defense will have the opportunity to make that determination.

In conclusion, during this period of uncertainty we must keep our Nation's defense industrial options open in order to meet the threats of the future. The Strategic Deterrent Sustainment Act of 2007 affords us that opportunity and I hope that it will receive from my colleagues the support it deserves.

I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection the text of the bill was ordered to be

Mr. President, I rise today with Senators Rockefeller, Obama, Brown, Kerry, Byrd, Feinstein, Bill Nelson, Feingold, Murray, Bayh, Lincoln, Pryor, Whitehouse, Sanders, Cantwell, Tester, Clinton, Landrieu, and Salazar to offer a Joint Resolution that provides for Congressional disapproval of the rule submitted by the Centers for Medicare and Medicaid Services, CMS, relating to a cost limit for providers operated by units of government and other provisions under the Medicaid program, 72 Fed. Reg. 29748, May 29, 2007.

This rule is a very blunt and sweeping instrument. It is purportedly intended to stamp out certain categories of Medicaid fraud, which by CMS's own admission may only be an issue in 3 States. As a result of the sweeping nature of this rule, many States like New Mexico will lose hundreds of millions of dollars in Federal Medicaid dollars. This would occur despite that fact that New Mexico and other States have worked hard to ensure the integrity of their Medicaid programs and have consistently received approval from CMS for the design and operation of their programs.

Congress has reacted strongly to the proposed regulation with 65 Senators and 263 House Members publicly criticizing the rule. Ultimately, Congress temporarily prevented CMS from implementing the regulation. A 1-year moratorium of the rule was adopted in the recent supplemental appropriations bill, P.L. 110-28, Section 7002. This moratorium blocks CMS from implementing the Medicaid regulation before May 25, 2008.

In spite of clear Congressional disapproval, CMS published a final rule in the Federal Register the very day the President signed the 1- year moratorium provision into law. The final regulation retains the most damaging components of the proposed regulation, including limiting Medicaid payments to safety-net hospitals. In addition, we have been contacted by State Medicaid agencies that have been asked to certify in State Plan Amendments being considered this year that they will be in compliance with rule as soon as the moratorium is lifted in 2008.

Major Medicaid reforms require a Congressional role; by rushing to publish a final regulation, CMS has disregarded Congressional opposition and attempted to usurp our role. CMS's action requires States to prepare for implementation of the regulation and expend administrative resources to do so, all of this before Congress has the opportunity to address the key policy issues contained in the regulation.

This Resolution of Disapproval will permanently halt the damaging CMS regulation. At this time, it is the appropriate response given CMS's issuance of the final Medicaid rule and its devastating effect on State Medicaid programs, safety-net providers, and, ultimately, the ability of low-income Americans to receive the life-saving medical care to which they are entitled under Federal law.

Therefore, I rise today to offer joint resolution with my colleagues and urge others to join in cosponsoring this important resolution. Together we can work to ensure its passage before the devastating Medicaid rule takes effect and jeopardizes our States' Medicaid programs.

I ask unanimous consent that the text of joint resolution be printed in the Record.

Mr. President, I rise today with Senators Rockefeller, Obama, Brown, Kerry, Byrd, Feinstein, Bill Nelson, Feingold, Murray, Bayh, Lincoln, Pryor, Whitehouse, Sanders, Cantwell, Tester, Clinton, Landrieu, and Salazar to offer a Joint Resolution that provides for Congressional disapproval of the rule submitted by the Centers for Medicare and Medicaid Services, CMS, relating to a cost limit for providers operated by units of government and other provisions under the Medicaid program, 72 Fed. Reg. 29748, May 29, 2007.

This rule is a very blunt and sweeping instrument. It is purportedly intended to stamp out certain categories of Medicaid fraud, which by CMS's own admission may only be an issue in 3 States. As a result of the sweeping nature of this rule, many States like New Mexico will lose hundreds of millions of dollars in Federal Medicaid dollars. This would occur despite that fact that New Mexico and other States have worked hard to ensure the integrity of their Medicaid programs and have consistently received approval from CMS for the design and operation of their programs.

Congress has reacted strongly to the proposed regulation with 65 Senators and 263 House Members publicly criticizing the rule. Ultimately, Congress temporarily prevented CMS from implementing the regulation. A 1-year moratorium of the rule was adopted in the recent supplemental appropriations bill, P.L. 110-28, Section 7002. This moratorium blocks CMS from implementing the Medicaid regulation before May 25, 2008.

In spite of clear Congressional disapproval, CMS published a final rule in the Federal Register the very day the President signed the 1- year moratorium provision into law. The final regulation retains the most damaging components of the proposed regulation, including limiting Medicaid payments to safety-net hospitals. In addition, we have been contacted by State Medicaid agencies that have been asked to certify in State Plan Amendments being considered this year that they will be in compliance with rule as soon as the moratorium is lifted in 2008.

Major Medicaid reforms require a Congressional role; by rushing to publish a final regulation, CMS has disregarded Congressional opposition and attempted to usurp our role. CMS's action requires States to prepare for implementation of the regulation and expend administrative resources to do so, all of this before Congress has the opportunity to address the key policy issues contained in the regulation.

This Resolution of Disapproval will permanently halt the damaging CMS regulation. At this time, it is the appropriate response given CMS's issuance of the final Medicaid rule and its devastating effect on State Medicaid programs, safety-net providers, and, ultimately, the ability of low-income Americans to receive the life-saving medical care to which they are entitled under Federal law.

Therefore, I rise today to offer joint resolution with my colleagues and urge others to join in cosponsoring this important resolution. Together we can work to ensure its passage before the devastating Medicaid rule takes effect and jeopardizes our States' Medicaid programs.

I ask unanimous consent that the text of joint resolution be printed in the Record.